Case 4 and Case 5 — What may happen on appeal

Posted On Mar 17 2017 by

Case 4 and Case 5

The issue in each case (Case 4 is in Superior Court, Spokane; Case 5 is in US District Court WAED) is whether the WSBA Washington Discipline System is constitutional, does it accord with requirements of procedural due process of law under the Fifth and Fourteenth Amendments.

The superior court judge, Judge Sam Cozza (now deceased), held after exercising some jurisdiction said the court did not have jurisdiction because the Supreme Court has power over the discipline system and that one must raise his constitutional concerns in the discipline process.  But, under the state constitution, the superior court does have jurisdiction.  The case is on appeal and has been on appeal for about a year.  The case was “heard” without argument.  The three judge Court of Appeals panel has yet to decide.

Case 5 was decided by Judge Tom Rice.  He dismissed the case on res judicata grounds.  His decision was wrong because he used the Judge Cozza order of dismissal on jurisdiction grounds as an order on the merits.  The case has been appealed to the 9th Circuit.  Briefs are in but the case has yet to be scheduled for argument.

Both cases should be overturned on appeal.

Last Updated on: March 17th, 2017 at 7:44 am, by Stephen Eugster

Written by Stephen Eugster