Superior Court judge Salvatore “Sam” Cozza dismissed the Spokane Superior Court action Eugster brought against the WSBA. On April 1, 2016 the court held that Eugster’s Civil Rights action contesting constitutionality of the WSBA Washington Lawyer Discipline System had to be brought in any discipline action the WSBA seeks to bring against Eugster.
Simply stated – the rule, for the time being, is that if a lawyer seeks to contest the constitutionality of the WSBA Discipline System in state court, he must be bring it a WSBA Discipline System action. The order and the Notice of Appeal to the Court of Appeals Division Three. Appeal of Order of Dismissal to Court of Appeals Division Three.