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BROWN v. LEGAL FOUNDATION OF WASH.

No. 01-1325.

538 U.S. 216 (2003)

BROWN ET AL. v. LEGAL FOUNDATION OF WASHINGTON ET AL.

Supreme Court of United States.

Decided March 26, 2003.

Attorney(s) appearing for the Case

Charles Fried argued the cause for petitioners. With him on the briefs were Daniel J. Popeo, Richard A. Samp, James J. Purcell, and Donald B. Ayer.

David J. Burman argued the cause for respondents Legal Foundation of Washington et al. With him on the brief were Nicholas P. Gellert, Kathleen M. O'Sullivan, Carter G. Phillips, and Stephen B. Kinnaird.

Walter Dellinger argued the cause for respondent Justices of the Washington Supreme Court. With him on the brief were Christine O. Gregoire, Attorney General of Washington, and Maureen Hart, Senior Assistant Attorney General.*

STEVENS, J., delivered the opinion of the Court, in which O'CONNOR, SOUTER, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed a dissenting opinion, in which REHNQUIST, C. J., and KENNEDY and THOMAS, JJ., joined, p. 241. KENNEDY, J., filed a dissenting opinion, p. 253.

JUSTICE STEVENS delivered the opinion of the Court.

The State of Washington, like every other State in the Union, uses interest on lawyers' trust accounts (IOLTA) to pay for legal services provided to the needy. Some IOLTA programs were created by statute, but in Washington, as in most other States, the IOLTA program was established by the State Supreme Court pursuant to its authority to regulate the practice of law. In ...

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