No. 20-225

John R. Muenster v. Disciplinary Board of the Washington State Bar Association

Lower Court: Washington
Docketed: 2020-08-27
Status: Denied
Type: Paid
Response Waived
Tags: bar-association-resignation civil-rights compelled-speech constitutional-rights due-process free-speech lawyer-conduct professional-ethics standing state-bar-rules takings
Key Terms:
Privacy
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Whether petitioner has the right to permanently quit the state bar association without first obtaining the association's permission

Question Presented (OCR Extract)

QUESTIONS PRESENTED In 2018, after 44 years of law practice, petitioner permanently cancelled and terminated his membership in the Washington state bar. In 2020, the state supreme court ruled that petitioner could not “resign” unless he signed an involuntary confession to wrongdoing and paid money to the state bar association. The state court cited the state’s rule for enforcement of lawyer conduct (“ELC”) 9.3. : This petition presents the following three questions: 1. Whether petitioner has the right under the Constitution of the United States to permanently quit the state bar association without first obtaining the association’s permission. 2. Whether the Constitution prohibits forcing petitioner to sign a sworn confession to alleged wrongdoing prepared by the bar as a condition precedent to permanently quitting the bar association. ‘ iti 3. Whether the Constitution prohibits forcing petitioner to pay money to the bar association as a condition precedent to permanently quitting the association. ‘ iv

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-14
DISTRIBUTED for Conference of 10/30/2020.
2020-10-01
Waiver of right of respondent Disciplinary Board of the Washington State Bar Association to respond filed.
2020-08-22
Petition for a writ of certiorari filed. (Response due September 28, 2020)

Attorneys

Disciplinary Board of the Washington State Bar Association
Scott G. BusbyOffice of Disciplinary Counsel, Washington State Bar Association, Respondent
John R. Muenster
John R. Muenster — Petitioner