By John Scannell
I am an attorney that has represented several clients in Sherman Anti-Trust, Rico and Civil Rights lawsuits in the Ninth Circuit Court of Appeals that have been filed against the WSBA.
This work group is typical of the nonsense the WSBA has been involved in for the last few years.
First, you publicly announce on your web site, inviting the public to show up at the work group for their input. Subsequently we are forced to listen to Judge Fairhurst first give us a presentation by an “expert” who lectures us on how the Sherman Anti-Trust Act supposedly applies to the WSBA. We listen for another hour while the work group discusses among themselves what they think they should be doing, which is basically waiting around until the United States Supreme Court decides how to apply Janus, No. 16-1466, 585 US___ to bar associations. At no time was the public invited for input. Some of us finally gave up and left in disgust.
Why am I not surprised by this subterfuge? First, Judge Fairhurst is part of the old guard, a former WSBA president, on the Washington State Supreme Court that appears more than willing to sacrifice the United States Constitution so that the WSBASnohomish County RICO enterprise can weaponize the disciplinary process, for the purpose of targeting minorities, sole practitioners, and its political enemies for discipline instead of carrying out its delegated mission of disciplining unethical attorneys. In the process, the Washington State Supreme Court has allowed large firms, government attorneys, and friends of the RICO enterprise to violate the Rules of Professional Conduct with impunity with acts of extortion, bribery, forgery and honest services fraud.
For those of you who doubt this, check out our RICO statement in the latest Anne Block suit where we document hundreds of predicate acts conducted by ODC and others over a ten year period. If you are truly interested on how the Sherman Anti- Trust Act applies to the WSBA, you should read our briefing on the subject in Anne Block’s latest case, which was filed over her illegal disbarment in Washington. For those of you not familiar with the case, Anne Block was disbarred, not for misconduct as an attorney, but because the WSBA/Snohomish County RICO enterprise was displeased with her articles in the Gold Bar Reporter, for which she was named third best reporter in Washington State by the Open Government Coalition for exposing corruption in government. Unethical judges like Fairhurst were all to willing to throw the First Amendment into the trash can in order to disbar her.
Which brings me to the point of this letter and my attempted input into this farce.
This work group makes no sense. Why should it be spending months and maybe years supposedly brainstorming while the United States Supreme Court decides how Janus applies? If Janus applies, as we advocate, then the entire WSBA must be made voluntary. There can be no bifurcating of the WSBA’s functions, because, as noted in Janus, all of its functions are political, including its so-called disciplinary system. If Janus does not apply, then its back to business as usual, with Washington attorneys being forced to subsidize a RICO enterprise in order to practice law.
The real reason for this charade, can be seen simply by looking at the September 18, 2018 letter that established the group. Since a reform group had apparently gained a majority on the Board of Governors, the Washington State Supreme Court suddenly became “concerned” about Janus and recent antitrust developments concerning organizations like the WSBA. They ordered the WSBA not to engage in any reforms at all and do nothing about it’s RICO controlled disciplinary system, while they “studied” these developments.
If the Washington State Supreme Court gave one whit about Janus, they would have advocated allowing me to run for Washington Supreme Court last year. Instead, they wanted the ruling of a Thurston County Superior Court Judge upheld, who ordered me off the ballot because I was not a member of the Washington State Bar Association.
If they were concerned at all about North Carolina’s Dental Examiner’s decision which indicates bar associations may be subject to Sherman Anti-Trust Act, they would not have spent years advocating that the WSBA was immune from such suits, when the issue was raised several times in the ninth circuit following North Carolina Dental Examiners.
At first, the reform group appeared unfazed by the threats from the Washington State Supreme Court. They held an emergency meeting to gain control over their own litigations, to end the Sherman Anti-Trust activity and corruption which was causing them endless litigation. They sacked the head of ODC, Paula Littlewood, who had been instrumental organizing its RICO activities.
But then the Washington State legislature started getting involved. The house voted 96-1 to get rid of the WSBA altogether by repealing the Washington State Bar Act. The Senate threatened to do similarly. Suddenly, the reform group sprang into action. They admitted to the legislature there had been problems in the past. They claimed they were going to reform. They pleaded for mercy. The Senate relented, kicking the can down the road, basically letting the Washington State Supreme Court make the call.
There is a lesson to be learned here. If the WSBA becomes subject to Janus, as it invariably will, then it has to look at the situation of the public unions. Sure, you are going to take some hits. Those who took the Keller deduction will opt out. In the case of the unions they lost a several million as a result. However, the vast majority of regular union members stayed in, less than 1/10 of 1% dropped out. That’s because most members want to belong to unions because there is strength in numbers.
You will be in a similar situation. You are not engaged in collective bargaining, so you will have change your practices so that you truly “champion justice.” You have to reform in a way where members are not disciplined by the color of their skin, but by the content of their character. You will have to stop disciplining attorneys like Anne Block because they do not conform to your brand of political correctness. You will have to punish unethical activity no matter where it occurs even it means sanctioning popular government figures. You will have to stop your current practice of going after the low hanging fruit by picking on sole practitioners while letting the friends of the Snohomish County RICO enterprise skate.
In short, you will have to root out corruption.
If you start to do so I will probably do as in the immortal words of Peter Townsend:
I’ll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around
Pick up my guitar and play
Just like yesterday
Then I’ll get on my knees and pray
We don’t get fooled again
Don’t get fooled again, no no
Meet the new boss
Same as the old boss