Graham v. Bar Association

548 P.2d 310, 86 Wash. 2d 624, 1976 Wash. LEXIS 886
CourtWashington Supreme Court
DecidedApril 1, 1976
Docket43705
StatusPublished
Cited by67 cases

This text of 548 P.2d 310 (Graham v. Bar Association) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. Bar Association, 548 P.2d 310, 86 Wash. 2d 624, 1976 Wash. LEXIS 886 (Wash. 1976).

Opinions

Utter, J.

Certiorari was granted by this court to review an order quashing a subpoena duces tecum sought by the [625]*625State Auditor, petitioner herein, as part of his effort to obtain records with which he could conduct a postaudit of the respondent Washington State Bar Association. The trial court concluded the applicable statutes authorized petitioner to conduct the audit but that he was prohibited from doing so by the separation of powers doctrine. We hold the bar association is not a state agency or state department within the meaning of the applicable statutes, that only excess receipts from the admission fund for new lawyers are subject to postaudit and that the doctrine of separation of powers forbids the exercise by the state legislature of the power to audit funds collected by the bar.

In August 1969, petitioner conducted a postaudit of respondent. No legal challenge was made to this audit and a report was issued in March 1970. In November 1974, a second postaudit was attempted. On this occasion, however, respondent refused access to all records except those relating to the “admission to the bar examination fund.” Faced with the bar’s refusal to produce the desired books and papers, the Auditor sought issuance of a subpoena as provided by RCW 43.09.330. The trial court’s refusal to issue the subpoena raises the legal issues now before this court.

The Washington State Auditor is a member of the executive branch of government and has only such powers as are conferred by the legislature. He is the “auditor of public accounts, and shall have such powers and perform such duties in connection therewith as may be prescribed by law.” Const, art. 3, § 20. These provisions confer no constitutional or implied powers. The office possesses no powers other than statutory powers specifically granted. Yelle v. Bishop, 55 Wn.2d 286, 297, 347 P.2d 1081 (1959).

Statutory authority for the postaudit is claimed by the Auditor under the language of RCW 43.09.290 and 43.88.160(3) which specify those organizations subject to a postaudit. RCW 43.09.290 defines “state department” as “every other office, officer, department, board, council, committee, commission, authority, or agency of the state government . . . supported, wholly or in part ... by [626]*626the levy, assessment, collection, or receipt of fines, penalties, fees, licenses ... or other income provided by law . . .” Under the 1959 budget and accounting act, the Auditor also is empowered to “examine the books and accounts of any agency, [or] official . . . charged with the receipt, custody or safekeeping of public funds.” RCW 43.88.160(3) (a). The Auditor is likewise directed to “[r]eport to the legislature the results of current post audits that have been made of the financial transactions of each agency . . .” RCW 43.88.160 (3) (a). “Agency” is defined in part as a “board” and “public funds” in part as “all moneys . . . whether held in trust or for operating purposes and collected or disbursed under law, whether or not such funds are otherwise subject to legislative appropriation.” RCW 43.88.020 (4) and (5).

The critical inquiry is whether the bar association is a “state department” or “agency” within the meaning of the statutes. Petitioner treats as determinative the characterization of the Washington State Bar Association as “an agency of the state” in the State Bar Act of 1933, RCW 2.48.010 et seq. However, it is inconceivable that the legislature in 1933 intended this reference, in itself, to sanction an audit of that organization since the auditing statutes were adopted only in 1941 and succeeding years. Moreover, the legislature has given the term “agency” a variety of meanings. See, e.g., RCW 42.17.020, 42.18.030, 42.30.020, 43.17.120-.200. In State ex rel. Tattersall v. Yelle, 52 Wn.2d 856, 863, 329 P.2d 841 (1958), this court noted that the term “state officer” is used in several different ways in the constitution and hence its meaning “may vary according to the context in which it is used.” Similarly, the meaning of the term “agency” depends on its context. Thus, the reference to the bar association as “an agency of the state” in the State Bar Act of 1933 does not control the applicability of the auditing statutes to that organization.

This conclusion is further supported by the legislative history of the State Bar Act, RCW 2.48. The Washington State Bar Association existed as a voluntary pro[627]*627fessional association between 1888 and 1933. Admission and discipline of attorneys was administered by the Supreme Court or a board of state bar examiners during that time. In 1933, the Washington State Bar Act was adopted by the legislature. The committee of the bar created to investigate their incorporation reported “[i]n view of the fact that our state constitution prohibits the creation of corporations by special act [Const, art. 12, § 1; art. 2, § 28] and inasmuch as our courts have not yet passed upon the question of whether or not public corporations are excepted from this provision, the Act submitted was drafted so as to avoid any question on this score and provides for the creation of the Bar as an association only and as a state agency.” Thus, the description “agency of the state” was included in the act for limited purposes not affecting the scope of the auditing statutes.

The determination of whether the Washington State Bar Association is included within the terms of the act requires ascertainment of legislative intent. The intent of lawmakers must be abstracted from a consideration of all the provisions of an act and the court may not place a narrow, literal, and technical construction upon a part only of a statute and ignore other relevant parts. State v. Rinkes, 49 Wn.2d 664, 667, 306 P.2d 205 (1957). The language of a statute must be read in context with the entire statute and construed in a manner consistent with the general purpose of the statute. Nationwide Papers, Inc. v. Northwest Egg Sales, Inc., 69 Wn.2d 72, 76, 416 P.2d 687 (1966).

The Attorney General disclaims authority on the part of the state to conduct a performance audit of the Washington State Bar Association. A performance audit as defined in RCW 43.88.160

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Bluebook (online)
548 P.2d 310, 86 Wash. 2d 624, 1976 Wash. LEXIS 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-bar-association-wash-1976.