Washington State IOLTA Litigation Timeline
January 28, 1997
The Washington Legal Foundation and others filed a lawsuit in the federal district court for the Western District of
Washington seeking injunctive relief against the Legal Foundation of Washington and the nine members of the Washington
State Supreme Court. The complaint alleges that Washington State's IOLTA program and its application to limited practice
officers violates the First and Fifth Amendments.
February 7, 1997
The Washington Legal Foundation filed an amended complaint for injunctive relief, removing one of the plaintiffs.
November 5, 1997
The Washington Legal Foundation, the Legal Foundation of Washington and the Supreme Court of Washington filed motions
for summary judgment.
December 4, 1997
The Legal Foundation of Washington filed a reply brief.
January 30, 1998
Finding that the plaintiffs do not have a property interest in the funds generated on IOLTA accounts, the district
court dismissed the lawsuit against the IOLTA program.
February 4, 1998
The Washington Legal Foundation appealed the district court decision to the Ninth Circuit Court of Appeals.
July 19, 1998
Appellants (Washington Legal Foundation, et al.) filed their brief with the Ninth Circuit Court of Appeals.
September 11, 1998
Appellees and several amicus curiae including the American Bar Association and the National Association of IOLTA
Programs filed their briefs with the Ninth Circuit Court of Appeals.
October 13, 1998
Appellants filed a reply brief.
February 9, 2000
The parties made oral arguments to the Ninth Circuit Court of Appeals in Seattle.
January 10, 2001
A three-judge panel of the Ninth Circuit issues a decision finding that the interest generated from IOLTA accounts is
lient property, and that the operation of Washington's IOLTA program is a "taking" of that property under the Fifth
Amendment. The court did not conclude that there was a violation of the Fifth Amendment, however. Rather, it remanded
the case to the district court for a determination of what, if any, just compensation is due the plaintiffs.
January 30, 2001
All of the appellees, including the Legal Foundation and the Justices of the Washington Supreme Court, filed a joint
petition for rehearing en banc with the Ninth Circuit Court.
March 2, 2001
Apellants, including the Washington Legal Foundation, filed their response to the petition for rehearing en banc.
May 9, 2001
The Ninth Circuit Court agreed to rehear the case en banc, and entered an order stating that the January 10, 2001
decision of the three-judge panel should not be cited as precedent to any court within the Ninth Circuit.
June 21, 2001
Both parties made oral arguments to the 11 members of the en banc panel of the court in San Francisco. Richard Samp
argued for the Washington Legal Foundation. David Burman of Perkins Coie argued on behalf of the Legal Foundation of
Washington, and Maureen A. Hart of the State of Washington Attorney General's Office argued on behalf of the Washington
State Supreme Court justices.
November 14, 2001
The Ninth Circuit panel that reheard the case en banc issued a decision finding that the operation of Washington
State's IOLTA program does not constitute a taking under the Fifth Amendment, and that even if it did, the amount of
just compensation due would be "nil". The panel remanded the case to the district court for further proceedings,
including addressing the plaintiff's First Amendment claims.
March 7, 2002
The plaintiffs, including the Washington Legal Foundation, filed a petition for writ of certiorari to the U.S.
Supreme Court.
May 8, 2002
The Legal Foundation of Washington and the Justices of the Washington Supreme Court filed briefs in opposition to
certiorari.
May 20, 2002
The Washington Legal Foundation and the other petitioners filed their reply brief.
June 10, 2002
The Supreme Court granted certiorari.
August 22, 2002
The Washington Legal Foundation and other petitioners filed their initial brief on the merits with the Supreme Court.
The Pacific Legal Foundation and National Association of Home Builders filed amicus curiae briefs on behalf of the
petitioners.
October 18, 2002
The Legal Foundation of Washington and the Justices of the Supreme Court of Washington filed their response briefs.
Other organizations, including the American Bar Association and the National Association of IOLTA Programs (joined
by 49 state bar organizations) filed amicus briefs in support of the Washington State IOLTA program.
November 18, 2002
The Washington Legal Foundation filed its reply brief.
December 9, 2002
The Supreme Court has scheduled oral arguments for December 9.
