State Ex Rel. Schwab v. Washington State Bar Ass'n

493 P.2d 1237, 80 Wash. 2d 266, 1972 Wash. LEXIS 583
CourtWashington Supreme Court
DecidedFebruary 17, 1972
Docket41707
StatusPublished
Cited by32 cases

This text of 493 P.2d 1237 (State Ex Rel. Schwab v. Washington State Bar Ass'n) 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
State Ex Rel. Schwab v. Washington State Bar Ass'n, 493 P.2d 1237, 80 Wash. 2d 266, 1972 Wash. LEXIS 583 (Wash. 1972).

Opinions

Stafford, J.

Anthony R. Schwab, the petitioner, was admitted to the practice of law in 1969. At that time he became a member of the Washington State Bar Association, the respondent herein, pursuant to RCW 2.48.021.

Petitioner admits that in 1970 he refused to pay the required fee for membership in the Washington State Bar Association. RCW 2.48.130. It is agreed that the state bar [268]*268association sent petitioner the statutory notices informing him his membership fee was delinquent. RCW 2.48.160. Petitioner is frank to admit that he refused to pay the fee to precipitate the instant action. He chose this vehicle to challenge a number of bar association programs, practices and activities as either violative of or beyond the association’s authority.

Petitioner suggests that there are serious legal and policy considerations involved. However, except for three issues to be discussed hereafter, he has either failed to provide us with the proper legal argument or has failed to support his suggestions with legal authority, or both. We have held consistently that issues and propositions that are not argued in the brief will not be considered; nor will they be considered when they are not supported by legal authority, unless it is apparent without further research that they are well taken. DeHeer v. Seattle Post-Intelligencer, 60 Wn.2d 122, 372 P.2d 193 (1962); see also Johnson Serv. Co. v. Roush, 57 Wn.2d 80, 355 P.2d 815 (1960); Fox v. Bankers Life & Cas. Co., 61 Wn.2d 636, 379 P.2d 724 (1963).

The foregoing rule is peculiarly applicable to a case wherein one attempts, by bare allegation or suggestion, to call into question fundamental relationships between the state bar association and the three branches of government. We will not decide such basic issues without the benefit of an adequate brief that at least demonstrates that the reasons are well taken, which is not the case here.

On June 5, 1970, petitioner was notified that the board of governors had suspended him “from membership in the State Bar Association because of failure to pay dues . . .” This fact was certified to the Supreme Court.

Petitioner argues that the mandatory suspension for nonpayment of dues provided in RCW 2.48.1601 is an unconstitutional usurpation of the Supreme Court’s judicial power. [269]*269We disagree with petitioner’s over-broad interpretation of the statute. It must be construed in the light of our past decisions and in context with other portions of the same act.

First, we have held repeatedly that only the Supreme Court has the power to suspend one from the practice of law or to take other disciplinary action. In re Bruen, 102 Wash. 472, 172 P. 1152 (1918); In re Ballou, 48 Wn.2d 539, 295 P.2d 316 (1956); In re Simmons, 59 Wn.2d 689, 369 P.2d 947 (1962); see also Clark v. Washington, 366 F.2d 678 (9th Cir. 1966).

Second, RCW 2.48.060 provides generally that the board of governors has the power to prescribe rules, establish procedures and to carry out the investigation, prosecution and hearing of all cases involving discipline, disbarment, suspension, or reinstatement. It also provides that the board may make recommendations thereon to the Supreme Court. However, all such power is specifically made subject to the approval of the Supreme Court.

The foregoing statute and our past decisions make it evident that this court does not share the power of discipline, disbarment, suspension or reinstatement with either the legislature or the state bar association. The ultimate constitutional power clearly lies within the sole jurisdiction of the Supreme Court. This point is conceded in the brief of the respondent bar association.

Such constitutional concept leaves no room for thé notion that a lawyer’s authority to practice law is subject to some vague dual existence, one part of which may be terminated by the bar’s suspension of his membership while the other (i.e., his authority to practice law before the courts) is subject to control of the Supreme Court. In short, membership in the state bar association and authorization to continue in the practice of law coexist under the aegis of one authority, the Supreme Court.

We have long recognized that both the mechanical acts of collecting dues and of reporting delinquent payments are merely ministerial. Traditionally, the Supreme Court has delegated these duties to the bar association. In [270]*270most cases, after the requisite notice of delinquent dues, the matter of suspension involves no question of fact and no contest. Either the dues have been paid or they have not. In such cases, the bar association’s act of certifying a recommendation of suspension can be safely treated as a finding of fact and recommendation that the Supreme Court formally record the suspension in its records. If, however, the suspension for nonpayment of dues is challenged, this court possesses the ultimate authority to review and determine whether a formal order of suspension should be entered, as was done here.

In the instant case, although the board of bar governors routinely proceeded with the suspension procedure, we did not exercise our exclusive power to issue an order of suspension. Until so ordered by the Supreme Court, petitioner’s authority to practice law and his membership in the Washington State Bar Association were not suspended. Thus, petitioner was enabled to challenge the acts of the bar without jeopardizing his authority to practice law under RCW 2.48.170. Further, he was not subjected to the possibility of criminal prosecution under RCW 2.48.180, which makes it unlawful for anyone to practice law while suspended from membership in the state bar.

The state bar association informed petitioner that he would be required to pay $150 for reinstatement of his membership. The full amount was paid under protest.

Petitioner contends that the assessment of $150 for reinstatement was erroneous. He argues that the state bar association was authorized to collect only $75 (i.e., the accrued membership fee of $25 plus a penalty of $50).

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State Ex Rel. Schwab v. Washington State Bar Ass'n
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Bluebook (online)
493 P.2d 1237, 80 Wash. 2d 266, 1972 Wash. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-schwab-v-washington-state-bar-assn-wash-1972.