Case IV, Eugster v. WSBA, No. 15-2-04614-9, Superior Court of the State of Washington for Spokane County. Constitutionality of WSBA Washington Lawyer Discipline System: Procedural Due Process and Strict Scrutiny Analysis.
Case IV raises three issues:
- Whether the WSBA Washington Lawyer Discipline System (the whole system) violates Eugster’s fundamental right of procedural due process of law.
- Whether the WSBA Discipline System is unconstitutional because its creation violates strict scrutiny.
- Whether the WSBA is misusing the system to intimidate Eugster.
- Whether the Superior Court or WSBA Discipline System has Jurisdiction
Court held that the WSBA Discipline System has jurisdiction has jurisdiction over Eugster’s Civil Rights Action 42 U.S.C. Section 1983. See Appeal of Order of Dismissal to Court of Appeals Division Three.
Significant Pleadings _
- Amended and Restated Complaint
- WSBA Memorandum In Support of CR 12(b)(1), (2) and (6) Motion to Dismiss
- Eugster’s Response to Motion to Dismiss
- WSBA Reply to Eugster’s Response
- Eugster Declaration and Appendix
- Letter Opinion, March 3, 2016
- Order of Dismissal (attached to Appeal of Order (below)
- Appeal of Order of Dismissal to Court of Appeals Division Three
- 2016_12_14_Motion_Judicial_Notice_Final_Part91 2017_01_07_Motion and Appendix_Judicial Notice
Appeal to Washington Court of Appeals Division III