Anton J. Miller v. The Washington State Bar Association

The appellant, Anton J. Miller, is a member of the Washington State Bar Association. He received a “letter of admonition” from the Disciplinary Board of the State Bar after he published a poem critical of the Washington Supreme Court. Miller filed this action under 42 U.S.C. § 1983 claiming that the admonition interfered with the exercise of his first amendment rights, and now appeals the district court’s dismissal of the case for lack of jurisdiction.

The district court dismissed the suit in reliance upon the law of this circuit that the lower federal courts will not review actions of state courts with respect to attorney discipline. Federal jurisdiction to review such decisions lies exclusively in the United States Supreme Court by writ of certiorari to the state court. MacKay v. Nesbitt, 412 F.2d 846 (9th Cir.), cert. denied, 396 U.S. 960 , 90 S.Ct. 435 , 24 L.Ed.2d 425 (1969); see also Brown v. Board of Bar Examiners, 623 F.2d 605, 609-10 (9th Cir. 1980). We hold that the district court erred in its reliance upon such authority in this case, as there have been no state court proceedings. We also reject the State Bar’s alternative argument that the letter of admonition is not…

specially con-

curring:

j concur in the result reached by the majority under compulsion of Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), overruled in part, Monnell v. Department of Social Services, 436 U.S. 658, 663 , 98 S.Ct. 2018, 2021 , 56 L.Ed.2d 611 (1978).

679 F.2d 1313 Anton J. MILLER, Plaintiff-Appellant, v. The WASHINGTON STATE BAR ASSOCIATION, Defendant-Appellee. No. 80-3002. United States Court of Appeals, Ninth Circuit. Argued Aug. 5, 1981. Submitted Aug. 19, 1981. Decided June 22, 1982. Anton J. Miller, pro se. Robert T. Farrell, Seattle, Wash., for defendant-appellee. Appeal from the United States District Court for the Western District of Washington. Before SCHROEDER and ALARCON, Circuit Judges, and PRICE, * District Judge. SCHROEDER, Circuit Judge: 1 The appellant, Anton J. Miller, is a member of the Washington State Bar Association. He received a "letter of admonition" from the Disciplinary Board of the State Bar after he published a poem critical of the Washington Supreme Court. Miller filed this action under 42 U.S.C. § 1983 claiming that the admonition interfered with the exercise of his first amendment rights, and now appeals the district court's dismissal of the case for lack of jurisdiction. 2 The district court dismissed the suit in reliance upon the law of this circuit that the lower federal courts will not review actions of state courts with respect to attorney discipline. Federal jurisdiction to review such…