Niles v. Lowe

407 F. Supp. 132
CourtDistrict Court, D. Hawaii
DecidedFebruary 2, 1976
DocketCiv. No. 75-0322
StatusPublished
Cited by4 cases

This text of 407 F. Supp. 132 (Niles v. Lowe) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Niles v. Lowe, 407 F. Supp. 132 (D. Haw. 1976).

Opinion

407 F.Supp. 132 (1976)

Dennis NILES, Plaintiff,
v.
Jung Y. LOWE, Individually and in his capacity as Chief Disciplinary Counsel of the Supreme Court of the State of Hawaii, Defendant.

Civ. No. 75-0322.

United States District Court, D. Hawaii.

February 2, 1976.

*133 Eric A. Seitz, Honolulu, Hawaii, for plaintiff.

Jung Y. Lowe, Honolulu, Hawaii, for defendant.

Before CHOY, Circuit Judge, and KING and PENCE, District Judges.

MEMORANDUM AND ORDER

Samuel P. King, Chief Judge.

This action arises from the initiation of disciplinary proceedings against plaintiff Niles, an attorney duly licensed to practice law by the Supreme Court of the State of Hawaii. Plaintiff is alleged to have violated Disciplinary Rules of the Supreme Court of the State of Hawaii (hereinafter "DR") 2-101(A)[1] and DR 2-101(B)[2] by publishing and disseminating statements announcing weekly visits by plaintiff or another member of his law firm to the campus of Leeward *134 Community College for the purpose of providing free legal counselling to students and faculty at that institution.

Defendant Lowe is Chief Disciplinary Counsel of the Supreme Court of the State of Hawaii. According to plaintiff's allegations, defendant informed him in early 1975 that his activities at Leeward College were being investigated. On September 2, 1975, after plaintiff had furnished defendant with certain information relating to those activities, plaintiff was summoned to appear before defendant to receive an informal admonition[3] based on defendant's finding that plaintiff had violated DR 2-101(A) and (B). Plaintiff alleges that he was told that he could seek a formal hearing before a hearing committee of the Disciplinary Board of the Supreme Court of the State of Hawaii rather than accept the proposed informal admonition. Plaintiff rejected both of these alternatives and filed the instant lawsuit on September 24, 1975. He alleges that his first, fifth, sixth, and fourteenth amendment rights have been violated by defendant and will be further violated unless this court restrains the enforcement of DR 2-101(A) and (B). Plaintiff bases his claims for relief on 28 U.S.C. §§ 2201 and 2202 and on 42 U.S.C. § 1983. He invokes the jurisdiction of this court pursuant to 28 U.S.C. §§ 1331 and 1343.[4]

The Anti-Injunction Statute, 28 U.S.C. § 2283, poses no statutory bar to the issuance of the requested injunction in this case since plaintiff's claim is based on 42 U.S.C. § 1983. See Mitchum v. Foster, 407 U.S. 225, 243, 92 S.Ct. 2151, 32 L.Ed.2d 705 (1972). Nevertheless, the restraints on federal equitable power imposed by Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971) and Huffman v. Pursue, Ltd., 420 U.S. 592, 95 S.Ct. 1200, 43 L.Ed.2d 482 (1975) here preclude the issuance of an injunction.[5]

In Younger, the Supreme Court prohibited federal injunctive relief against pending state criminal prosecutions unless the plaintiff could establish certain extraordinary circumstances permitting such relief. These prohibitions were extended in Huffman to at least certain types of pending state civil proceedings. At issue in Huffman were Ohio civil proceedings instituted by a county prosecutor under a civil statute proscribing obscene films. Huffman v. Pursue, Ltd., supra, 420 U.S. at 598, 95 S.Ct. 1200. The Supreme Court, noting the similarity in purpose and standards between the Ohio civil and criminal obscenity statutes,[6] held that Younger restraints applied to pending state civil proceedings where, as in Huffman, the State is a *135 party and "the proceeding is both in aid of and closely related to criminal statutes . . .." Id. at 604, 95 S.Ct. at 1208.[7]

Lower courts have considered the applicability of Younger principles to disciplinary proceedings against lawyers. In Erdmann v. Stevens, 458 F.2d 1205 (2d Cir.), cert. denied, 409 U.S. 889, 93 S.Ct. 126, 34 L.Ed.2d 147 (1972) the Second Circuit held that a bar disciplinary proceeding was "quasi-criminal" and therefore fell within Younger's prohibitions on federal court interference with pending state criminal prosecutions. Id. at 1209.[8] Yet bar disciplinary proceedings[9] cannot be considered part of a State's criminal justice system, see Polk v. State Bar of Texas, 480 F.2d 999, 1007 (5th Cir. 1973) and we do not find that using the "quasi-criminal" label advances analysis of Younger principles in this case.[10]

Furthermore, we do not find the proposed interference in the pending civil case is "comparable to the disruption in Huffman of the state's interest in maintaining the standards of its criminal laws," Anonymous v. Association of the Bar of the City of New York, 515 F.2d 427, 432 (2d Cir.), cert. denied, 423 U.S. 863, 96 S.Ct. 122, 46 L.Ed.2d 92 (1975). The bar disciplinary proceeding at issue in this case, unlike the civil proceeding in Huffman, see note 6 supra, cannot be considered "in aid of" or "closely related to" state criminal statutes. Huffman v. Pursue, Ltd., supra, 420 U.S. at 604, 95 S.Ct. 1200. As the Fifth Circuit has said,

we think it abundantly clear that when a Grievance Committee, by administrative action, undertakes to upbraid a local attorney for conduct deemed to be violative of the ethical standards of the profession, . . . it is not in any sense acting in aid of the enforcement of Texas' criminal laws.

Polk v. State, supra, 480 F.2d at 1002.[11]

*136 While we agree with the Polk court that bar disciplinary proceedings have nothing to do with the State's criminal laws, we nevertheless apply the Younger prohibitions to the present case because the processes for controlling the quality and character of a State's bar are peculiarly within the competence of, and of interest to, the State judiciary. We are cognizant of the uncertainty and friction which could result from determining on a case by case basis which state interests are "important" enough to warrant federal abstention.[12] However, the component of Younger which rests upon "the notion of `comity', that is, a proper respect for state functions," Younger v. Harris, supra, 401 U.S. at 44, 91 S.Ct. at 750, is nowhere more essential than in questions concerning a state judiciary's ability to regulate itself.

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Bluebook (online)
407 F. Supp. 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niles-v-lowe-hid-1976.