An opinion Wednesday by Chief Judge Thomas Kleeh (N.D. W. Va.) in Foundation Against Intolerance & Racism, Inc. v. Pickens deals with a rule of the West Virginia state bar, which is organized as a government agency under the control of the state supreme court. The rule provides,

The Board of Governors [of the state bar] shall consist of the following twenty-five voting members and one non-voting member: • The president, president-elect, vice president, and immediate past president; • One governor from each of the sixteen State Bar districts set forth in Bylaw 5.04; • Three additional governors from State Bar District Eight; • One African-American lawyer elected as described in Bylaw 5.06; • The Chairperson of the Young Lawyer Section; and • The Dean of the West Virginia Univer

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