Opinion
18-mc-066RSM
12-17-2021
IN RE: STEPHEN K. EUGSTER, Respondent.
ORDER RE: PROPOSED COMPLAINT
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
This matter comes before the Court on a proposed complaint filed on November 12, 2021 by Respondent Stephen K. Eugster. Dkt. #9. Respondent is currently under a Vexatious Litigant Bar Order entered on June 15, 2018. Dkt. #1. A revised Bar Order was entered on April 29, 2019. Dkt. #2. Pursuant to the revised Bar Order, all of Plaintiff's pro se complaints in this district are filed under this miscellaneous case number. The Bar Order states as follows:
Stephen K. Eugster is enjoined from filing any of the following in federal or state court against the WSBA, its employees, or agents, without prior leave of this Court:
a. a challenge to mandatory bar membership, see Dkt. #62-1 at 108, 440, 453; Dkt. #62-2 at 160-61, 220, 343-46;
b. a challenge to the imposition or use of attorney license fees, see Dkt. #62-1 at 108, 441-45, 453; Dkt. #62-2 at 157-60, 197-98, 220, 343-46;
c. a challenge to lawyer discipline rules, practices, or procedures, see Dkt. #62-1 at 234, 378-79, 445, 453; Dkt. # 62-2 at 220, 345;
d. a challenge to the inclusion of limited-license practitioners as WSBA members, see Dkt. #62-1 at 446, 453; Dkt. #62-2 at 147, 192-93, 228;
e. a challenge to the WSBA as an alleged monopoly over the practice of law, see Dkt. #62-2 at 225, 347-48; or f. a claim arising from one of Mr. Eugster's prior federal suits asserting such challenges or claims, see Dkt. #62-1 at 293-300; Dkt. #62-2 at 17, 99, 326-35, 365-70.Id. at 2-3. The Bar Order provides that “Mr. Eugster may only file his proposed complaint in federal court or state court if he obtains leave of this Court to do so.” Id. at 3.
The proposed complaint filed by Mr. Eugster names multiple defendants, including the justices of the Washington Supreme Court, the Washington State Bar Association (“WSBA”) Board of Governors, the interim executive director of the WSBA, and various governors of the WSBA Board of Governors. Dkt. #9-1 at 1-2. His complaint alleges that he paid his 2021 WSBA dues under protest and that his compelled membership with the WSBA violates his First and Fourteenth Amendment rights under the U.S. Constitution. See Id. He seeks (1) a declaration that he has First Amendment rights of non-association and freedom of speech and therefore cannot be compelled to be a member of or pay dues to the WSBA; and (2) an injunction against Defendants to effectuate these declarations. Id. at 33.
Pursuant to the Bar Order, Mr. Eugster is enjoined from filing actions against the WSBA, its employees or agents regarding challenges to his mandatory bar membership and/or challenges to the imposition or use of attorney license fees. See Dkt. #2 at 1. This proposed action falls squarely within both these categories of actions enjoined under the Court's Bar Order. Accordingly, the Court DENIES Respondent's motion for leave to file a proposed complaint.
The Clerk shall provide copies of this order to Respondent.