Facts: Petitioner John Bruen was charged with unprofessional conduct and disbarred by the state board of law examiners after a hearing pursuant to Chapter 115 of the Laws of 1917. Bruen subsequently filed a petition for review with the Supreme Court of Washington, asserting that Chapter 115 was inconsistent with the Washington State Constitution insofar as it vested judicial functions in an administrative board.

Question(s): Does Chapter 115 violate the separation of powers provided for by the Washington State Constitution?

Conclusion: Justice Holcomb’s opinion for the Court held that provisions of Chapter 115 permitting the board of law examiners to issue final orders of disbarment was unconstitutional as the state constitution vested in the Court the exclusive power to admit and disbar attorneys from practice. However, the Court concluded that the invalid provisions of the statute were severable and that the findings and conclusions of the board had been justified and therefore ordered Bruen disbarred.

Docket No. 3

Petitioner: John Bruen

(Counsel: Walter Schaffner)

Respondent: Washington State Board of Law Examiners

(Counsel: W.V. Tanner, Hance H. Cleland, and Thomas F. Murphine)

Decided: Saturday, May 11th, 1918

Vote: 8-0

Opinion: 102 Wash. 472 (1918)

Court: Ellis2 Court (1918)

Ellis

Fullerton

Mount

Chadwick

Parker

Main

Holcomb

Webster

Mackintosh