Mothershed

We must decide whether a disbarred attorney may collaterally attack his state bar disciplinary proceedings in federal court.

I

In 1999, the State Bar of Arizona initiated disciplinary proceedings against George L. Mothershed, an attorney who was licensed by the Oklahoma Bar Association but who lived and practiced in Arizona. In response to the disciplinary board’s allegation that he had unlawfully practiced law in the State, Mothershed entered a special appearance and moved to dismiss the complaint on the ground that he had not received a summons. The hearing officer denied this motion, and Mothershed subsequently refused to participate further in the disciplinary proceedings. A default judgment was entered against him, and the Supreme Court of Arizona issued an order censuring Mothershed for engaging in the unauthorized practice of law. See In re Mothershed, No. SB-01-0076-D, 2001 Ariz. LEXIS 63 (2001).

The Oklahoma Bar Association thereafter initiated its own disciplinary proceedings against Mothershed. A three-member trial panel found that he had unlawfully practiced law in Arizona, and the Supreme Court of Oklahoma entered an order disbarring him. See State ex rel. Okla.…