TANKERSLEY v. ALMAND

No. 15-1081.

837 F.3d 390 (2016)

Michael Edward TANKERSLEY, Plaintiff-Appellant, v. James W. ALMAND, in his official capacity as Trustee of the Client Protection Fund; Douglas M. Bregman, in his official capacity as Trustee of the Client Protection Fund; Charles Bagley, IV, in his official capacity as Trustee of the Client Protection Fund; Joseph B. Chazen, in his official capacity as Trustee of the Client Protection Fund; Cecelia Ann Keller, in her official capacity as Trustee of the Client Protection Fund; Patrick A. Roberson, in his official capacity as Trustee of the Client Protection Fund; Leonard H. Shapiro, in his official capacity as Trustee of the Client Protection Fund; Donna Hill Stateon, in her official capacity as Trustee of the Client Protection Fund; David Weiss, in his official capacity as Trustee of the Client Protection Fund; Client Protection Fund of the Bar of Maryland; Honorable Mary Ellen Barbera, Chief Judge, in her official capacity; Honorable Sally D. Adkins, Judge, in her official capacity; Honorable Clayton Greene, Jr., Judge, in his official capacity; Honorable Michelle D. Hotten, in her official capacity as Judge of the Maryland Court of Appeals; Honorable Robert N. McDonald, Judge, in his official capacity; Honorable Shirley Watts, Judge, in her official capacity; Bessie M. Decker, in her official capacity as Clerk of the Court of Appeals; Maryland Court of Appeals, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 13, 2016.


Attorney(s) appearing for the Case

ARGUED: Scott Matthew Michelman , Public Citizen Litigation Group, Washington, D.C., for Appellant. Michele J. McDonald , Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees. ON BRIEF: Julie A. Murray , Public Citizen Litigation Group, Washington, D.C., for Appellant. Brian E. Frosh , Attorney General, Alexis Rohde , Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge King joined. Senior Judge Davis wrote an opinion concurring in part and dissenting in part.


All attorneys licensed in Maryland who are not permanently retired must pay an annual fee to the Client Protection Fund of the Bar of Maryland. In addition to paying the fee, Maryland attorneys must also disclose their social security numbers to the Fund. Relying on federal law, the Court of Appeals of Maryland enacted this...

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