The State Bar of Wisconsin has agreed to a settlement in a federal lawsuit that forced the removal of race-based eligibility criteria and discriminatory language from all of its diversity programming.
The case was brought in December 2023 by the Wisconsin Institute for Law & Liberty (WILL) on behalf of attorney Daniel Suhr, who objected to his mandatory bar dues funding programs that prioritized race, religion, and sex. The complaint specifically targeted the Bar’s “Diversity Clerkship Program,” which had previously excluded white students, according to WILL.
After months of litigation, the Bar relented. The final settlement requires the Bar to revise its definition of “diversity,” abandon the use of race or immutable characteristics in selecting program participants, and increase transparency around the use of mandatory dues. The changes apply to major initiatives including the Leadership Development Summit and Leadership Academy. (RELATED: Conservative Groups Urge Voters to Amend Wisconsin Constitution Limiting Executive Power)
Why the Bar Settled
Throughout discovery, WILL uncovered extensive documentation that Bar officers and staff had routinely prioritized racial identity and sex in selecting nominees for leadership programs. Emails from as recently as 2024 encouraged nominators to propose “diverse candidates” and described nominees in racial and gender terms—some based solely on visual guesses by Bar staff.
The State Bar of Wisconsin stated that its leadership programs will continue “unencumbered” and described the settlement as affirming its existing practices.
President Dan Gartzke emphasized that the Bar has always aimed to include all members and rejected the politicization of the term “DEI.” He maintained that the changes required by the settlement do not alter the Bar’s mission or operations in practice, and reiterated the organization’s commitment to fostering an inclusive environment without violating the law.
In one of the Bar programs, The Leadership Academy, WILL discovered during the lawsuit that the applicants themselves were incentivized to highlight their diversity:
Settlement Terms
The Bar agreed to:
- Eliminate all consideration of race, ethnicity, color, or national origin from the definition of diversity.
- Remove discriminatory DEI language from its Summit and Leadership Academy programs.
- Open its Diversity Clerkship Program to all students.
- Publish an annual chart disclosing how it spends mandatory dues.
WILL Deputy Counsel Dan Lennington declared, “For now, DEI is dead at the State Bar of Wisconsin. Race discrimination should play no role in the regulation or training of Wisconsin’s lawyers, and it no longer does.”
Implications and Ongoing Monitoring
The State Bar is not the only institution under scrutiny. WILL has pledged to monitor the Bar’s ongoing compliance with the settlement and may pursue further litigation if it detects race-based practices in future programs. The group also continues to advocate for ending mandatory bar membership altogether, citing First Amendment concerns.
The settlement represents a major blow to DEI initiatives within professional organizations like the Bar, setting a precedent for other legal challenges nationwide. (RELATED: Dane County Sheriff Refuses to Cooperate with ICE in Homicide Case)
