No. 18-644

David Carl Cottingham v. Washington State Bar Association, et al.

Lower Court: Washington
Docketed: 2018-11-19
Status: Denied
Type: Paid
Response Waived
Tags: attorney-conduct bar-discipline due-process first-amendment objective-analysis petitioning petitioning-rights pro-se-representation professional-discipline regulatory-approval split state-court strict-scrutiny
Key Terms:
AdministrativeLaw ERISA SocialSecurity FirstAmendment DueProcess Securities
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Should this court resolve the split in state court responses to this court's prescribed objective analysis protecting first amendment petitioning as due process?

Question Presented (from Petition)

QUESTIONS PRESENTED : A Washington State Bar disciplinary investigation continued through to suspension, notwithstanding Attorney David C. Cottingham’s | opposition to unlawful conduct, and his insistence upon judgment descriptions for regulatory approval. Cottingham acted pro-se in defense of his family : and property title. He had achieved one pretrial legal description and damages due to absence of : cause for condemning defendants’ title claim, but insisted upon final judgment descriptions locating condemnation afterward. He is suspended for | efforts essential to finality while he needed regulatory approval, of an enforceable result without jeopardy under Washington’s criminal prohibition of sales. In defense against discipline Cottingham invoked First Amendment protections and a right to oppose illegal conduct impairing his future right of sales and marketing. The questions are: SHOULD THIS COURT RESOLVE THE SPLIT IN ; , STATE COURT RESPONSES TO THIS COURT'S ! : PRESCRIBED OBJECTIVE ANALYSIS PROTECTING FIRST AMENDMENT PETITIONING AS DUE PROCESS? SHOULD STRICT SCRUTINY REQUIRE AN ARTICULATED COMPELLING STATE INTEREST BEFORE REGULATING PRO SE ATTORNEY CONDUCT? MAY A GENERAL STATE INTEREST IN REGULATING ATTORNEY CONDUCT SUBORDINATE FIRST AMENDMENT PETITIONING OPPOSING ILLEGAL CONDUCT? i

Docket Entries

2019-01-14
Petition DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-19
Waiver of right of respondents Board of Governors of the WA State Bar Association and the Disciplinary Board of the WA State Bar Association to respond filed.
2018-11-27
Waiver of right of respondent WA State Bar Association, et al. to respond filed.
2018-11-14
Petition for a writ of certiorari filed. (Response due December 19, 2018)

Attorneys

Board of Governors of the WA State Bar Association/Disciplinary Board of the WA State Bar Association
Lisa AmatangelWashington State Bar Association, Respondent
Lisa AmatangelWashington State Bar Association, Respondent
David C. Cottingham
David C. Cottingham — Petitioner
David C. Cottingham — Petitioner
WA State Bar Association, et al.
M. Craig BrayThe Office of Disciplinary Counsel of the Washington State Bar Asscociation, Respondent
M. Craig BrayThe Office of Disciplinary Counsel of the Washington State Bar Asscociation, Respondent