WASHINGTON LEGAL FOUNDATION; Allen D. Brown; Dennis H. Daugs; Greg Hayes; L. Dian Maxwell, Plaintiffs-Appellants,
v.
LEGAL FOUNDATION OF WASHINGTON; Kevin F. Kelly; Barbara Durham, Chief Justice; Gerry L. Alexander, Justice; James M. Dolliver, Justice; Richard P. Guy, Justice; Charles Wayne Johnson, Justice; Barbara A. Madsen, Justice; Charles Z. Smith, Justice; Philip A. Talmadge, Justice, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 9, 2000
Filed January 10, 2001
Attorney(s) appearing for the Case
Richard A. Samp and Daniel J. Popeo, Washington Legal Foundation, Washington, D.C., James J. Purcell, Seattle, Washington, for the appellants.
David J. Burman, Perkins Coie, LLP, Seattle, Washington, for appellees Legal Foundation of Washington and Bradley C. Diggs.
Maureen Hart, Senior Assistant Attorney General, Olympia, Washington, for appellee Justices of the Washington Supreme Court.
Thomas P. Brown, Heller Ehrman White & McAuliffe, San Francisco, California, for amici curiae Alaska Bar Foundation, Arizona Bar Foundation, Hawaii Justice Foundation, Montana Law Foundation, Nevada Law Foundation, and Oregon Law Foundation.
Peter M. Siegel, Florida Justice Institute, Inc., Miami, Florida, for amici curiae, National Association of IOLTA Programs and 64 State IOLTA Programs, State Bar Associations, and other organizations concerned with the availability of legal aid to the poor.
Ronald T. Schaps, Bogle & Gates P.L.L.C., Seattle, Washington, for amicus curiae Washington State Bar Association.
Philip S. Anderson, President, American Bar Association, Chicago, Illinois, for amicus curiae American Bar Association.
Before: Stephen S. Trott, Andrew J. Kleinfeld, and Barry G. Silverman, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted February 9, 2000 — Seattle, Washington
KLEINFELD, Circuit Judge:
This case raises constitutional questions about Washington's program for applying interest on lawyers' (and others') trust accounts to various good works.
I. FACTS
Lawyers' ethical requirements have long required that "[m]oney of the client or collected for the client ... should be reported and accounted for promptly, and should not under any...
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