COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.
(251) 299-0101

Review of Judgment In Bar Disciplinary Proceedings - Appellate Procedure

Walden v. Alabama State Bar Association, et al., [Ms. 1180203, Mar. 27, 2020] __ So. 3d __ (Ala. 2020). The Court (Mitchell, J.; Parker, C.J., and Bolin, Shaw, Wise, Bryan, Sellers, and Stewart, JJ., concur; Mendheim, J., concurs in the result) affirms the Montgomery Circuit Court’s dismissal of declaratory and monetary claims brought by a disbarred attorney against the State Bar and members of a State Bar disciplinary panel.

As to the declaratory claims, the Court held, “[s]imply put, circuit courts in this State have no authority to reverse a judgment made by the State Bar in a disciplinary proceeding, to admit an attorney to the State Bar, or to direct the State Bar to reinstate an attorney who has previously been disbarred.” Ms. *8.

The Court also affirmed the dismissal of the monetary claims “[b]ecause Walden has failed to address the State Bar defendants’ arguments that the trial court had no ability to award him monetary damages because of the doctrines of State immunity and quasi-judicial immunity….” Ms. * 11, citing Devine v. Bank of New York Mellon Corp., [Ms. 1171002, Nov. 22, 2019] ___ So. 3d ___, ___ (Ala. 2019) (“When a trial court has stated that a judgment is warranted on multiple grounds, it is incumbent upon a party that subsequently appeals that judgment to address all of those grounds in the opening appellate brief because any issue not argued at that time is waived.”).

Categories: