Case VI – WSBA v. Eugster, an update

By | July 10, 2016

Much has happened regarding Case VI.  The WSBA has filed charges against Eugster; this is the “Formal Complaint.”

Eugster has responded with his Answer, Affirmative Defenses, and Counter and Third-Party Claims together with an appendix which includes the Counter and Third-Party Claims.

Why the Counter Claims?  Recall that in Case IV, Eugster v. WSBA et al., the Superior Court trial judge, Sam Cozza, dismissed the case (a Civil Rights section 1983 case) on the basis that the Superior Court did not have jurisdiction.  Well, “who does.” You might ask.  You might say the Superior Court has original jurisdiction in all cases, in equity and in law.  Wash. Const. Art. IV, Section 6. Judge Cozza did not see it that way.  His conclusion was that the WSBA Lawyer Discipline System has original jurisdiction in all cases where a lawyer is suing the WSBA.

Needless to say, this came as quite a surprise.  Maybe my briefing was not clear.

In any event, the case has been appealed to the Washington Court of Appeals, Division III.  The Opening Brief has been filed.  It can be found here –  016_06_17_Brief_of_Appellant.