Partington v. Gedan

961 F.2d 852
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 14, 1992
DocketNos. 90-15942, 91-15194
StatusPublished
Cited by91 cases

This text of 961 F.2d 852 (Partington v. Gedan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Partington v. Gedan, 961 F.2d 852 (9th Cir. 1992).

Opinion

D.W. NELSON, Circuit Judge:

In 1985, plaintiff-appellant Earle Parting-ton served as court-appointed counsel to criminal defendant Clifford Clarke. After his conviction in trial court, Clarke appealed. On appeal, the Hawaii Supreme Court found, sua sponte, that Clarke had received ineffective assistance of counsel and reversed his conviction. The Hawaii Supreme Court finding of ineffectiveness, which triggered disciplinary proceedings against Partington, and Partington’s argument that he has never been permitted to defend against that finding, are at the center of this complex case. Before this panel, Partington appeals two district court decisions: the district court’s denial of his Fed.R.Civ.P. 60(b) motion to vacate judgment in the original federal court case, Partington v. Gedan, and its dismissal of his complaint in a related case, Lau v. Lum.

Despite the many arguments Partington advances, we find that the causes of action underlying the two cases are simply non-justiciable in federal court for a wide variety of reasons. Some claims are moot, others are barred by various immunity doctrines, others implicate the Rooker-Feldman doctrine, another is subject to Younger abstention, and yet others simply fail to identify a federal constitutional deprivation. Accordingly, we affirm the district court’s decisions in both Partington v. Gedan and Lau v. Lum.

FACTS1

A. Partington v. Gedan

In 1985, plaintiff-appellant Earle Parting-ton served as defense counsel to Clifford Clarke. Clarke was charged with the abuse and murder of his girlfriend’s daughter. . During Clarke’s highly publicized state trial, Partington made several unconventional strategic decisions, including a refusal to cross-examine the victim’s mother and a refusal to make a closing argument before the jury. Clarke was convicted; subsequently, he appealed to the Hawaii Supreme Court. Partington represented him on appeal. At no time did Clarke challenge his conviction on the ground that he received ineffective assistance of counsel.

During the pendency of the appeal, the presiding trial court judge filed a letter with the Office of Disciplinary Counsel of the Hawaii Supreme Court (ODC). In this letter, the judge stated his belief that Part-ington had given Clarke ineffective assistance of counsel, and that he had done so deliberately so as to create grounds for reversal on appeal. Partington filed a motion with the Hawaii Supreme Court requesting that it remand the case to the trial court to explore the trial judge’s complaint. The Hawaii Supreme Court denied his motion, but ultimately reversed Clarke’s conviction because it found, sua sponte, that Clarke had received ineffective assistance of counsel. An unpublished opinion, State v. Clarke, was entered to that effect.

As a consequence of State v. Clarke, the ODC commenced, a Hawaii Supreme Court [856]*856Rule 13 disciplinary proceeding against Partington. If a conviction is reversed on the ground that the defendant received ineffective assistance of counsel, Rule 13 requires that the Hawaii Supreme Court appoint a Special Master “to determine whether action against the counsel alleged to have been incompetent is warranted.” Haw.Sup.Ct.R. 13. The court appointed Joseph Gedan to serve as Special Master. At that time, Partington filed two motions with the Hawaii Supreme Court asking for a clarification of the relationship between its opinion in State v. Clarke and the Rule 13 proceedings. Specifically, Partington inquired whether the Rule 13 proceedings would be conducted de novo, allowing him to put on evidence and advance arguments about his trial strategy that he had not had an opportunity to present before the Hawaii Supreme Court decided State v. Clarke. Both motions were denied.

In March- of 1987, Partington filed suit in federal district court seeking to enjoin the Rule 13 proceeding. He alleged that because the Hawaii-Supreme Court had already decided the question of his conduct in State v. Clarke, the Rule 13 proceedings would not provide him with the chance to present his federal constitutional claims before an impartial tribunal. The district court abstained, invoking the Younger abstention doctrine. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). On appeal, this court approved that abstention in Partington v. Gedan, 880 F.2d 116 (9th Cir.1989) (Partington I). In deciding Partington I, we relied in part on an April 1987 letter from Hawaii Supreme Court Justices Lum and Padgett to Partington stating that the Rule 13 proceedings would in fact give Partington an opportunity to present evidence and legal arguments defending his trial tactics. Special Master Gedan also represented to Partington that the proceedings would consider de novo his effectiveness as counsel.

After we issued our decision in Par ting-ton I but before we considered Parting-ton’s petition for rehearing, the Hawaii Supreme Court decided Matsuo v. State, 70 Haw. 573, 778 P.2d 332 (1989). In Matsuo, a petitioner convicted of trying to escape from prison appealed his conviction on the ground that his attorney rendered ineffective assistance of counsel. The Hawaii Supreme Court, finding “the record ... void as to the reasons for trial counsel’s decision^],” remanded the case to the trial court to permit the attorney to explain the decisions in question. Id. at 335. The court found that it would be “unfair to implement a Rule 13 proceeding against trial counsel without first giving him an opportunity to explain his side of the story.” Id. Arguing that under Matsuo the Hawaii Supreme Court’s opinion in State v. Clarke violated his federal constitutional rights, Partington brought the case to our attention. We denied his petition for rehearing.

Partington then filed a motion with the Hawaii Supreme Court to dismiss the Rule 13 proceedings in light of Matsuo; his motion was denied. A motion that the justices who had presided in State v. Clarke recuse themselves from considering any motion he filed in conjunction with the Rule 13 proceedings was also denied. Partington then filed a motion asking the Hawaii Supreme Court to declare whether, in light of Mat-suo, the Rule 13 proceeding would be conducted de novo; this motion, as well as a second motion requesting recusal, was denied in its entirety.

Partington then returned to the district court and filed a Fed.R.Civ.P. 60(b) motion to vacate the judgment in Partington v. Gedan.2 On July 3, 1990, the district court denied his motion, finding that nothing had changed since the date Partington filed his original suit. Partington appeals that denial to this court.

On July 31, 1990, Special Master Gedan determined that Partington had indeed rendered ineffective assistance of counsel to Clarke. After Gedan’s decision, the justices who had participated in the Clarke appeal recused themselves, and on September 24, 1990, a specially constituted Hawaii Supreme Court reviewed Gedan’s decision. Rejecting’s Gedan’s decision on the ground [857]

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Bluebook (online)
961 F.2d 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/partington-v-gedan-ca9-1992.