Virginia P. Shogren, V. Washington State Bar Assoc.

CourtCourt of Appeals of Washington
DecidedJune 30, 2026
Docket60736-1
StatusPublished

This text of Virginia P. Shogren, V. Washington State Bar Assoc. (Virginia P. Shogren, V. Washington State Bar Assoc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virginia P. Shogren, V. Washington State Bar Assoc., (Wash. Ct. App. 2026).

Opinion

Filed Washington State Court of Appeals Division Two

June 30, 2026

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II VIRGINIA P. SHOGREN, No. 60736-1-II

Appellant,

v. PUBLISHED OPINION WASHINGTON STATE BAR ASSOCIATION; WASHINGTON STATE BAR ASSOCIATION DISCIPLINARY BOARD; WASHINGTON STATE BAR ASSOCIATION OFFICE OF DISCIPLINARY COUNSEL,

Respondents.

VELJACIC, C.J. — Virginia P. Shogren appeals the dismissal of her petition for review

regarding the denial of her request for a jury trial in disciplinary proceedings before the Washington

State Bar Association (WSBA) Disciplinary Board. Shogren raises two arguments on appeal.

First, Shogren argues that the superior court erred in dismissing her petition for review under the

Administrative Procedures Act (APA), chapter 34.05 RCW, for lack of jurisdiction and failure to

state a claim under CR 12(b)(1) and (6). Second, Shogren claims that the superior court erred in

denying her motion for leave to amend her complaint. Finding no error, we affirm. 60736-1-II

FACTS

I. BACKGROUND

In October 2021, the Washington Election Integrity Coalition United (WEICU),

represented by Shogren, filed a petition for a writ of mandamus against then-Governor Jay Inslee

at the Washington Supreme Court. WEICU alleged that Governor Inslee failed to uphold the

integrity of elections by allowing non-United States citizens to participate, violating Washington

resident’s right to an “equal and free election[].” Clerk’s Papers (CP) at 30.

Our Supreme Court dismissed the petition, concluding that the action was frivolous and

sanctioned Shogren in the form of attorney fees. Ruling Dismissing Original Action Against State

Officer, Wash. Election Integrity Coal. United v. Jay Inslee, No. 100303-0, at 6 (Wash. Jan. 4,

2022).1

II. SHOGREN’S DISCIPLINARY COMPLAINT

In June 2022, the Washington State Office of Attorney General notified the WSBA’s Office

of Disciplinary Counsel (ODC) of alleged Rules of Professional Conduct (RPC) violations

Shogren committed. The WSBA is tasked by the Washington Supreme Court with administering

the discipline process and does so through ODC. The discipline process is governed by the

Washington RPC and the Rules for Enforcement of Lawyer Conduct (ELCs), as adopted by the

1 Shogren faults the WSBA for citing to pleadings for the WEICU action before the Washington Supreme Court, none of which are in the record. Shogren asks that we strike the portion of WSBA’s brief referencing these pleadings under RAP 10.7. We deny her motion. Even though the pleadings and the Supreme Court’s order are not central to the issues before us, they pertain to the action that is the basis for the disciplinary complaint and are relevant for the factual context of the case. As such, we take judicial notice of the pleadings and order referenced by the WSBA; they are matters of court record and are publicly available. See Spokane Rsch. & Def. Fund v. City of Spokane, 155 Wn.2d 89, 98, 117 P.3d 1117 (2005) (courts “may take judicial notice of the record in the case presently before [it] or ‘in proceedings engrafted, ancillary, or supplementary to it.’”) (quoting In re Adoption of B.T., 150 Wn.2d 409, 415, 78 P.3d 634 (2003)).

2 60736-1-II

Washington Supreme Court. Neither the ODC hearing officer nor the WSBA impose discipline

against a lawyer. Instead, they make disciplinary recommendations to the Washington Supreme

Court, which is responsible for imposing disciplinary sanctions against any lawyer.

In May 2024, the ODC submitted a disciplinary complaint against Shogren to the WSBA

Disciplinary Board. In its complaint, the ODC alleged Shogren violated RPC 3.1 and 8.4(d) by

“pursu[ing] a petition for a writ of mandamus that had no basis in law or fact.” CP at 21. The

ODC also alleged that Shogren violated RAP 8.4(j) by neglecting “to pay court-ordered sanctions.”

CP at 21.

Shogren moved to dismiss the complaint. Among other arguments in support of dismissal,2

Shogren claimed that she was entitled to a jury if the Disciplinary Board moved forward with the

proceedings.

The Disciplinary Board chief hearing officer denied Shogren’s motion to dismiss the

complaint and demand for a jury trial. In denying Shogren’s demand for a jury, the Disciplinary

Board chief hearing officer reasoned that “[t]he right to a trial by jury does not attach to disciplinary

proceedings under the ELCs.” CP at 57.

Shogren requested interim review of the Disciplinary Board’s chief hearing officer’s order

denying her request for a jury trial. The chair of the Disciplinary Board subsequently denied

Shogren’s request for interim review. The Disciplinary Board again found that Shogren “received

full consideration of her motion to dismiss [and] that [the process] complied with [all] applicable

rules.” CP at 71.

2 Shogren appeals only the issues surrounding the denial of her request for a jury trial. Because of this, we need not discuss Shogren’s other arguments regarding her motion to dismiss the disciplinary complaint.

3 60736-1-II

III. SHOGREN’S PETITION FOR REVIEW

Following the denial for interim review of the Disciplinary Board’s order, Shogren filed a

petition for review pursuant to the APA with the Thurston County Superior Court. In her petition,

Shogren claimed that her “constitutional due process rights [were] . . . violated” by the WSBA

when it denied her request for a jury trial for the disciplinary proceedings. CP at 13. Because of

this, Shogren requested the superior court “vacate the [ODC] Complaint for potential refiling in a

Washington Superior Court with proper venue in order to access a six[-]member jury.” CP at 14.

Shogren also moved for a temporary stay of the proceedings.

The WSBA opposed Shogren’s motion for a temporary stay. The WSBA, WSBA

Disciplinary Board, and ODC also moved to dismiss the case pursuant to CR 12(b)(1) and (6) on

the basis that the superior court lacked jurisdiction to consider Shogren’s claim, Shogren failed to

state a claim upon which relief could be granted because she received adequate due process, and

the WSBA was entitled to absolute immunity.

The superior court granted the WSBA, WSBA Disciplinary Board, and ODC’s motion to

dismiss with prejudice and denied Shogren’s motion for a temporary stay. The superior court

explained “that it lack[ed] jurisdiction under the [APA] to address [Shogren’s petition] regarding

an attorney disciplinary matter brought as an administrative law review.” CP at 238. In making

its decision, the superior court made clear that it was not addressing whether Shogren was entitled

to a jury and whether the WSBA was entitled to immunity.

Shogren moved to amend her complaint pursuant to CR 15(a) to allow for declaratory and

injunctive relief. Shogren claimed that an amendment was “appropriate to address the purely

procedural question of whether [she was] entitled to a trial by jury to defend against” the

disciplinary complaint. CP at 233-34.

4 60736-1-II

The superior court subsequently denied Shogren’s motion. The superior court observed

that Shogren’s proposed amended complaint “was not an administrative appeal,” and the motion

“appeared to be a facial challenge . . .

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