The future WSBA will become, will have to become, an entity which can no longer compel Washington Lawyers to be members and pay dues.  It will become voluntary.  One of its activities will be the continuation the WSBA’s Continuing Education Function. As it confronts this possibility, this necessity, one needs only look at how much costs privately for a lawyer to gain CLE credit in certain areas of the law.  Today, I received a advertisement of a private CLE entity regarding the Columbia River. I cannot imagine a lawyer who would not like to know about the law and the Columbia …

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 …

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 …