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

Paid petition · Supreme Court of Washington, No. 201,872-6 · judgment February 20, 2020

Certiorari denied · November 2, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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.

Counsel of record

For petitioner
John R. Muenster

For respondent
Scott G. Busby
Office of Disciplinary Counsel, Washington State B

Case

Conference history
Distributed for 1 conference

Proceedings

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