Where a disbarred attorney now representing federal employees in administrative employment proceedings sued opposing counsel and judges after he was repeatedly sanctioned, his suit was dismissed.
Background
Bradley Marshall was once a practicing attorney in the state of Washington. However, after finding that plaintiff had committed legal and ethical violations, the Supreme Court of Washington revoked plaintiff’s bar license in 2009.
Following his disbarment, plaintiff began representing federal employees in administrative employment proceedings before administrative judges, or AJs, with the Equal Employment Opportunity Commission, or EEOC. Throughout the course of these EEOC proceedings, plaintiff has again faced several allegations of misconduct, resulting in multiple sanctions — some issued sua sponte and some issued on motions from Department of Defense Education Activity, or DoDEA, attorneys.
Things came to a head in March 2019, when DoDEA attorneys moved to have plaintiff disqualified from a particular case and to have the sitting AJ recommend to the EEOC’s Office of Federal Operations, or OFO, that plaintiff be banned from representation activities before the EEOC. After providing plaintiff with an opportunity respond, the AJ disqualified plaintiff from representing the employee in that case and made a recommendation to the OFO that plaintiff be barred from all representational activities moving forward. The OFO, however, declined to adopt that recommendation,...
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