Anton J. Miller v. The Washington State Bar Association

SUPPLEMENTAL OPINION

The Washington State Bar asks us to reconsider our opinion in this matter in light of the Supreme Court’s decision in Middlesex County Ethics Committee v. Garden State Bar Association, - U.S. -, 102 S.Ct. 2515 , 73 L.Ed.2d 116 (1982), which was decided after this court’s opinion had been submitted for filing. We have now carefully reviewed the Supreme Court’s opinion in that case and conclude that it and our opinion in this matter are fully in accord.

Middlesex involved an attorney who filed suit in federal court immediately after state bar disciplinary proceedings against him commenced and while the proceedings were still pending. By the time the petition for certiorari was filed, the state supreme court had expressly agreed to review the attorney’s constitutional claims. The Supreme Court held, applying the principles enunciated in Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 639 (1971), that the federal courts should abstain from intrud ing into an ongoing disciplinary proceeding in which the attorney had an adequate opportunity to seek judicial consideration of his federal claims.

In contrast, when Miller filed his federal action the Bar…