MOTHERSHED v. JUSTICES OF SUPREME COURT

No. 03-16878.

410 F.3d 602 (2005)

George L. MOTHERSHED, Plaintiff-Appellant, v. JUSTICES OF THE SUPREME COURT; Clerk of the Supreme Court, State of Arizona; Supreme Court of Arizona Disciplinary Commission; Hearing Officer; Bar Counsel of Arizona State Bar Association; State of Oklahoma Justices of the Supreme Court; Oklahoma Professional Responsibility Tribunal of the Supreme Court, Chief Master; Oklahoma Professional Responsibility Tribunal of the Supreme Court, Trial Panel of February 1, 2002; General Counsel of Oklahoma Bar Association; Trial Counsel of Oklahoma Bar Association; Rudolph Hargrave, Oklahoma Supreme Chief Justice; Madeline Hargrave, Wife; Robert E. Lavender, Justice, Oklahoma Supreme Court; Maxine Lavender, Wife; Joseph M. Watt, Vice-Chief Justice, Oklahoma Supreme Court; Cathy Watt, Wife; Ralph B. Hodges, Justice, Oklahoma Supreme Court; Janelle Hodges, Wife; Marian P. Opala, Justice, Oklahoma Supreme Court; Jane Doe Opala, Wife; Daniel J. Boudreau, Justice, Oklahoma Supreme Court; Jane Doe Boudreau, Wife; Yvonne Kauger, Justice, Oklahoma Supreme Court; Ned Bastow, Husband; Hardy Summers, Justice, Oklahoma Supreme Court; Marilyn Summers, Wife; James Winchester, Justice, Oklahoma Supreme Court; Susan Winchester, Wife; J. Daniel Morgan, Chief Master, Professional Responsibility Tribunal of the Supreme Court of the State of Oklahoma; Jane Doe Morgan, Wife; J. Patrick Kent, Presiding Master, Professional Responsibility Tribunal of the Supreme Court of the State of Oklahoma; Jane Doe Kent, Wife; Robert L. Hert, Jr., Member of Trial Panel of the Professional Responsibility Tribunal of the Supreme Court of the State of Oklahoma; Jane Doe Hert, Wife; Dana Williams, Member of Trial Panel of the Professional Responsibility Tribunal of the Supreme Court of the State of Oklahoma; Dale Cabiness, Member of Trial Panel of the Professional Responsibility Tribunal of the Supreme Court of the State of Oklahoma; Jane Doe Cabiness, Wife; Dan Murdock, General Counsel, Supreme Court of Oklahoma; Jane Doe Murdock, Wife; Allen J. Welch, Bar Counsel, Oklahoma Supreme Court; Jane Doe Welch, Wife; Charles E. Jones, Chief Justice, Arizona Supreme Court; Jane Doe Jones, Wife; Ruth V. McGregor, Vice Chief Justice, Arizona Supreme Court; John Doe McGregor, Husband; Stanley Feldman, Justice, Arizona Supreme Court; Jane Doe Feldman, Wife; Rebecca White Berch, Justice, Arizona Supreme Court; John Doe Berch, Husband; Michael D. Ryan, Justice, Arizona Supreme Court; Jane Doe Ryan, Wife; Peter Cahill, Member of the Disciplinary Commission of the Supreme Court of Arizona; Jessica Gifford Funkhouser, Member of the Disciplinary Commission of the Supreme Court of Arizona; Cynthia L. Choate, Member of the Disciplinary Commission of the Supreme Court of Arizona; Barbara Atwood, Member of the Disciplinary Commission of the Supreme Court of Arizona; C. Alan Bowman, Member of the Disciplinary Commission of the Supreme Court of Arizona; Craig Mehrens, Member of the Disciplinary Commission of the Supreme Court of Arizona; Steven G. Nelson, Member of the Disciplinary Commission of the Supreme Court of Arizona; Loren J. Braud, Bar Counsel, Arizona Supreme Court aka Loren J. Broad; Jane Doe Braud, Wife aka Jane Doe Broad; John Pressley Todd, Hearing Office 7X, Arizona Supreme Court; Jane Doe Todd, Wife; Noel K. Dessaint, Clerk, Arizona Supreme Court; William M. Spence, Attorney; Jane Doe Spence, Wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2005.

As Amended on Denial of Rehearing July 21, 2005.


Attorney(s) appearing for the Case

George L. Mothershed, Phoenix, AZ, argued the cause for the appellant and filed a brief.

LeslieAnn Haacke, Renaud Cook Drury Mesaros, P.A., Phoenix, AZ, argued the cause for the appellees; Terry Goddard, Attorney General, Phoenix, AZ, Rosa Mroz, Assistant Attorney General, Phoenix, AZ, N. Todd McKay, Renaud Cook Drury Mesaros, P.A., Phoenix, AZ, Charles K. Babb, Assistant Attorney General, Oklahoma City, OK, and Allen J. Welch, Oklahoma Bar Association, Oklahoma City, OK, were on the brief.

Before: GOODWIN, BEEZER, and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether a disbarred attorney may collaterally attack his state bar disciplinary proceedings1 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...

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