District Court Judge Thomas Rice dismissed Eugster’s case based on res judicata. The judge said that Case IV which is the state court case regarding claims that the WSBA Discipline System violates constitutional rights was dismissed with prejudice and the District Court Case (Case V) is bound by the court’s decision. Judge Rice said the state court decision was a decision on the merits. It was not. It was a decision not to take jurisdiction of the case, that is not a merits decision, why because the case was not decided. (It was punted on jurisdictional grounds.) Judge Rice is in error. The case has been appealed to the 9th Circuit. Dismissal – doc_19_order_dismissing case with prejudice. Notice of appeal – doc_21_notice of appeal.