Charles Ben Howell v. State Bar of Texas

710 F.2d 1075, 1983 U.S. App. LEXIS 16550
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 26, 1983
Docket81-1069
StatusPublished
Cited by16 cases

This text of 710 F.2d 1075 (Charles Ben Howell v. State Bar of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles Ben Howell v. State Bar of Texas, 710 F.2d 1075, 1983 U.S. App. LEXIS 16550 (5th Cir. 1983).

Opinions

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

CLARK, Chief Judge:

In our prior opinion in this case, 674 F.2d 1027, we reversed the district court’s ruling that it lacked subject matter jurisdiction. The Supreme Court, ___ U.S. ___, 103 S.Ct. 1515, 75 L.Ed.2d 942, vacated our judgment and remanded the case to us for further consideration in light of its recent decision in District of Columbia Court of Appeals v. Feldman, ___ U.S. ___, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983). With the benefit of the Court’s analysis in Feldman, we now conclude that the district court lacked jurisdiction to decide most of Howell’s claims. But because the court did have jurisdiction over one of Howell’s claims, we partially reinstate our prior decision to remand.

In our original opinion, we began our analysis by noting that, as a general rule, federal district courts have no authority to review state court disciplinary proceedings. Feldman confirmed that observation, 103 S.Ct. at 1311. See also Atlantic Coast Line R. Co. v. Engineers, 398 U.S. 281, 296, 90 S. Ct. 1739, 1747, 26 L.Ed.2d 234 (1970); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415, 416, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923); Kimball v. Florida Bar, 632 F.2d 1283, 1284 (5th Cir.1980); Sawyer v. Overton, 595 F.2d 252, 252 (5th Cir.1979). Our opinion, however, went on to discuss the exception to the general rule created in Dasher v. Supreme Court of Texas, 658 F.2d 1045 (5th Cir.1981). In that case, this court held that federal district courts have jurisdiction to decide certain federal claims that have not been presented in the state court. Id. at 1049-50. We reasoned:

The record gives no indication that [the plaintiff] asserted the federal constitutional claims which are the basis of her § 1983 action ... in the Texas Supreme Court. Since 28 U.S.C. § 1257(3) authorizes the Supreme Court to review only judgments in state court cases in which a federal issue was raised and adjudicated, ... it is apparent that [the plaintiff’s] case could not have been reviewed on a writ of certiorari from the United States Supreme Court following the Texas Supreme Court’s denial of her motion. Since [the plaintiff’s] § 1983 complaint states claims for relief grounded in federal constitutional rights, claims which were not presented to the Texas Supreme Court, her § 1983 suit does not constitute an impermissible effort to seek review of a state court judgment in a lower federal court.

Id. at 1051.

The court in Feldman branded the Dasher reasoning as “flawed.” Id. 103 S.Ct. at 1315-16 n. 16. It explained:

As we noted in Atlantic Coast Line R. Co. v. Engineers, 398 U.S. 281 [90 S.Ct. 1739, 26 L.Ed.2d 234] (1970), “lower federal courts possess no power whatever to sit in direct review of state court decisions.” Id. at 296 [90 S.Ct. at 1748]. If the constitutional claims presented to a United States District Court are inextricably intertwined with the state court’s denial in a judicial proceeding of a particular plaintiff’s application for admission to the state bar, then the District Court is in essence being called upon to review the state court decision. This the District Court may not do.
Moreover, the fact that we may not have jurisdiction to review a final state court judgment because of a petitioner’s failure to raise his constitutional claims in state court does not mean that a United States District Court should have jurisdiction over the claims. By failing to raise his claims in state court a plaintiff may forfeit his right to obtain review of the state court decision in any federal court. This result is eminently defensible on policy grounds. We have noted the [1077]*1077competence of state courts to adjudicate federal constitutional claims. See, e.g., Sumner v. Mata, 449 U.S. 539, 549 [101 S.Ct. 764, 770, 66 L.Ed.2d 722] (1981); Allen v. McCurry, 449 U.S. 90, 105 [101 S.Ct. 411, 420, 66 L.Ed.2d 308] (1980); Swain v. Pressley, 430 U.S. 372, 383 [97 S.Ct. 1224, 1230, 51 L.Ed.2d 411] (1977). We also noted in Cardinale [v. Louisiana, 394 U.S. 437, 89 S.Ct. 1161, 22 L.Ed.2d 398] that one of the policies underlying the requirement that constitutional claims be raised in state court as a predicate to our certiorari jurisdiction is the desirability of giving the state court the first opportunity to consider a state statute or rule in light of federal constitutional arguments. A state court may give the statute a saving construction in response to those arguments. 394 U.S. at 439 [89 S.Ct. at 1163].
Finally, it is important to note in the context of this case the strength of the state interest in regulating the state bar. As we stated in Goldfarb v. Virginia State Bar, 421 U.S. 773 [95 S.Ct. 2004, 44 L.Ed.2d 572] (1975), “the interest of the States in regulating lawyers is especially great since lawyers are essential to the primary governmental function of administering justice, and have historically been ‘officers of the courts.’ ” Id. at 792 [95 S.Ct. at 2016]. See also Middlesex County Ethics Committee v. Garden State Bar Assn., supra [457 U.S. 423] at 434 [102 S.Ct. 2515, 2523, 73 L.Ed.2d 116]; Leis v. Flynt, 439 U.S. 438, 442 [99 S.Ct. 698, 700, 58 L.Ed.2d 717 (1979). In Mackay v. Nesbett, 412 F.2d 846 (CA9 1969), the court stated:
[O]rders of a state court relating to the admission, discipline, and disbarment of members of its bar may be reviewed only by the Supreme Court of the United States on certiorari to the state court, and not by means of an original action in a lower federal court. The rule serves substantial policy interests arising from the historic relationship between state judicial systems and the members of their respective bars, and between the state and federal judicial systems. Id. at 846.

Id.

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Bluebook (online)
710 F.2d 1075, 1983 U.S. App. LEXIS 16550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-ben-howell-v-state-bar-of-texas-ca5-1983.