Academics join our fight against the corrupt Washington State Bar

 

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Academics join our fight against the corrupt Washington State Bar


To:

 

Robert C. Fellmeth

Executive Director, Center for Public Interest Law

Price Professor of Public Interest Law

University of San Diego School of Law

 

David Swankin

President and CEO

Citizen Advocacy Center

 

Lisa McGiffert

Director, Safe Patient Project

Consumers Union

 

and to all others who may receive this email


Bloomberg News

http://www.bna.com/washington-bar-suspends-n57982065288/?elq=38aaa7e8139749d9b3d04039fa4a5fad&elqCampaignId=2276&elqaid=3783&elqat=1&elqTrackId=35fa218540ee4b21bd1402cd2c92b116

 


 

We have read your letter to the California AG and agree with it completely regarding Sherman anti-trust and immunities granted to private organizations via state action immunity.

You may be interested in following and possibly contributing with friend of the court briefs, the following cases currently pending before the ninth circuit court of appeals.

Scannell v. WSBA case #14-35582

Scheidler v. Avery et al case # 15-35945

Block v. Snohomish county case #15-35569

In all three cases, the plaintiffs have raised Sherman anti-trust and RICO charges against the Washington State Bar Association and the issue of immunity plays a crucial role.

Scannell was disbarred for obstruction because he refused to turn over attorney client privileged information to a disciplinary counsel who was attempting to prosecute his client for the unauthorized practice of law in Virginia. Although a federal judge ruled that the bar’s action of recommending disbarment violated the 6th amendment right to counsel, the disbarment could not be undone, and the bar could not be sued because of quasijudicial immunity. While the ninth circuit has not recognized the discipline with a reciprocal disbarment (believed to be only the only attorney who was able to keep his 9th Circuit attorney license).

In Scheidler, the plaintiff was prevented from obtaining counsel for his suit because the prosecutor has used his influence with the WSBA to threaten disciplinary action against any attorney who represents Scheidler. In one case, he lost a case because he counsel was threatened on the eve of trial.

In Block, the plaintiff was an award winning journalist who exposed corruption in Snohomish county when she printed a story about the Chief executive using county funds to conduct a sexual affair with two employees in Europe. The county executive was forced to resign over the revelations, but used county resources and employees to retaliate against Block by soliciting bar complaints over the internet. Block was recommended for disbarment for writing a series of exposes about the director of the Department of Emergency Services. That director, recommended approval of the building of homes on the Oso mudslide site, which later resulted in the deaths of 43 residents. The Seattle Times later won the Pulitzer prize for exposing how the director and others knew in advance that the site was dangerous.

In all three cases, the plaintiffs have alleged that the bar has steered the market away from sole practitioners, minorities, and political enemies of the leadership. They allege that over 40% of all discipline occurs in Snohomish county, which is where influential members of the Board of Governors and Disciplinary board reside and use the bar process to target their opponents.

They allege that the board targets minority attorneys for discipline in numbers far exceeding their proportions of the membership in the bar.

They also alleged that virtually all discipline is directed at sole practitioners, even though sole practitioners are only 30% of attorneys.

Their complaints also allege that defense attorneys are not investigated under policies that are not approved reviewed or approved by Washington State Supreme Court.

Finally, their complaints allege that this steering of the market toward favored attorneys is done during the investigative stage, which is never reviewed by the Washington State Supreme Court in the 96% of the cases that are never charged. Their complaints allege that the low number of attorneys charged is reflective of the fact that the bar is the proverbial fox in charge of the henhouse.

In spite of these serious allegations, all which are presumed to be true under an FRCP 12 motion, their cases have been dismissed. In Scannell’s case, although a California judge ruled that Washington court rules violated the sixth amendment right to counsel, and Scannell’s RICO, Sherman Antitrust allegations, and Civil Rights charges were not covered under the Rooker Feldman doctrine, (the usual defense for cases like this), he ruled that quasi-judicial immunity prevented prosecution for damages under all three causes of action, while ruling that injunctive relief was available for civil rights causes of action. The North Carolina Dental Examiners case had not yet been decided at the time the final orders were issues, but had been issued before briefing in the ninth circuit.

In Block and Scheidler, their cases were dismissed by federal judges who Block and Scheidler contend violated the code of judicial conduct when they refused to recuse themselves when they were members of the Washington State Bar Association. The ninth circuit had earlier ruled in Scannell case and two others, that the membership required disqualification of Washington judges. Under common law, individual members of an association are liable for the debts of the association.

In the Block case, the judge refused to allow Block to amend her complaint to include the bar, even though such amendments are freely granted. In Scheidler, the judge granted quasijudicial immunity, without offering any reasoning as to why the North Carolina case did not apply.


Board members blast Washington State Bar, resignations spread like wild flowers

WSBA

Washington State Bar Association, Inc.

Placing profits over people”


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Washington state’s Practice of Law Board (POLB) is virtually defunct because of massive resignations and in fighting feuds with the bar association’s leaders.

No, it cannot be the Washington State Bar’s corrupt elite few Board members trying to control the honest fight for justice Boards and its members?  Shocking!


Attorney Scott Smith writes a letter basically agreeing with the Gold Bar Reporters federal Racketeering complaint; Washington State Bar Board members are threatening members who disagree, all in an effort to dominate the Washington State Bar 

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On November 8, 2015, former POLB board members released an 11-page letter (PDF) accusing the executive director of the state bar of pursuing “a campaign to eliminate the Practice of Law Board (POLB) citing disgust over how to bridge the access-to-justice gap in the state.

The 11 page letter to the Supreme Court has validity because we found records from the City of Gold Bar proving beyond any shadow of a doubt that Gold Bar’s former Mayor Crystal Hill Pennington ( nee Berg, bank fraud 2005) was writing motions, briefs, and pleadings for two former Snohomish County Dept. of Emergency Management employees, we reported Ms. Hill Pennington to the Bar, but lead counsel Linda Eide (caught destroying evidence in several proceedings) and Doug Ende allowed Crystal Hill Pennington ( nee Berg, bank fraud) to continue harming the public with her criminal conduct ( practice of law without a license).

If our story on the King County ( which we believe extends to every county in this state is not enough to start removing judges and lawyers from office, I’m not sure what is) animal abuse scam, a racketeering enterprise designed to fleece the taxpayers of Washington State for a small few to line their pockets with the gold of others, isn’t enough to push reforms inside the Washington State Bar, I believe its time to start a new Reformed Washington State Bar.

Something hundreds of us reformist already started ( Rwsba.org coming soon).


The letter signed by several members of the POLB, including ex-chairman Scott Smith stated there has been countless clashes between the POLB, and the Bar’s Director over the POLB’s role in regulating the unauthorized practice of law.

“The treatment of the practice of law board over the last three years is a textbook study on how to discourage and disempower a board comprised of volunteers: oppose their mission; cut their budget; withhold meaningful staff support; personally attack and seek to oust the volunteers who disagree with you; conduct secret meetings to discuss the future of the group without informing its volunteer members or inviting them to participate; dismiss or reject out of hand the volunteers’ concerns; and replace the group’s members and leadership team,” the resigning board members wrote. “There is no surer way to demoralize a group of volunteers and undermine their good intentions.”

The POLB was set up as an independent entity under the Washington State Supreme Court, but partly funded by the state bar.  Although it as structured so that POLB would not be unduly influenced by the rest of the bar association,  the POLB letters of resignation stated the Bar’s Director has undermined and even threatened the POLB with elimination on multiple occasions.

Threats that we believe amount to Racketeering, extortion, bribery, and threats against persons property interest.  In December 2014, the United States Supreme Court held in FTC v North Carolina Board of Dental Examiners that if the supervising branch ( in this case the Supreme Court) is not actively supervising its Board members, then they are subject to lawsuits, with no immunity, under Sherman Anti-Trust.  see http://www.scotusblog.com/case-files/cases/north-carolina-board-of-dental-examiners-v-federal-trade-commission/

Several Racketeering and Anti-Trust law suits have been filed against the Washington State Bar in U.S. Federal Court, only after public records confirm that the Washington State Bar’s Directors, counsel, and Board members are guilty of extortion, threats, and bribery.

The POLB’s resignation letter supports that the Bar is being dominated by Board members who are threatening members who have a difference of opinions. As attorney Smith claims ” to dominate  and control the Boards.”


“The Washington State Bar Association has a long record of opposing efforts that threaten to undermine its monopoly on the delivery of legal services,” the resigning board members wrote. The 13-person POLB is now down to four as a result of resignations.


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The Washington State Bar Association said that the letter contained “significant misinterpretations and misunderstandings.” The letter also maintained that the POLB, when reinstated, was instructed to focus on consumer protection and explore new ways for non-lawyers to provide legal and law-related services and to cease its enforcement activities.

“Access to justice and the protection of the public are unwavering commitments shared by the Washington Supreme Court and the Washington State Bar Association,” Robin Haynes, president-elect of the Washington State Bar Association.  Ms. Haynes was just elected in June 2015.

POLB disgusted members also noted that the WSBA Board of Governors voted unanimously to eliminate the POLB in May 2012, a month before the Washington Supreme Court formally adopted the LLLT rule. The supreme court voted to reinstate the POLB in June.

POLB chairman Smith says “The composition of board is critical,” Smith said. “If you can control who is on the board, then you can control the outcome. [Chief Justice Madsen] rejected our opinions on who should serve on the board, and the court was putting off having a conversation with us about our concerns. As a volunteer board, it’s pretty hard to get a whole lot done if we don’t have support.”

“If the board is no longer independent and becomes a rubber stamp for the state bar, then it’ll prevent any meaningful reforms to solving the access-to-justice gap,” Smith said.


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Bravo to attorney Scott Smith for having the courage to stand up for Justice.  Your letter  of resignation will prove very helpful in my Racketeering, ADA, and Sherman Anti-Trust suit against the thugs inside the Office of Disciplinary Counsel.

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