forum, a quasi-criminal forum, or a civil forum.
For example, the Washington State Bar Association (WSBA) often bases
disciplinary charges against attorneys on allegations of criminal conduct. In those
cases, the WSBA must prove each element of the crime—^there are no shortcuts
because the criminal statute is being applied in a civil disciplinary context. E.g., In
re Disciplinary Proceeding Against Placide, 190 Wn,2d402,425-26,414P.3d 1124
(2018)(using elements of criminal theft as a basis for attorney discipline); see also
Rozner v. City ofBellevue, 116 Wn.2d 342, 345-47, 804 P.2d 24 (1991)(holding
that in a civil forfeiture action,the State can seize property ifit proves probable cause
to believe the item was used or intended to be used to violate crimes listed in Title
69 RCW). As the United States Supreme Court explained in United States v.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Southwick, Inc. v. Dep't ofLicensing Bus. & Professions Div.,^o. 95237-0
(Gordon McCloud, J., dissenting)
Thompson/Center Arms Co.,504 U.S. 505,112 S. Ct. 2102,119 L.Ed.2d 308(1992)
(plurality opinion), a civil case in which an arms manufacturer sued for the refund
of a tax imposed under the National Firearms Act(NFA), the NFA statute at issue
could also form the basis for a criminal conviction. For that reason, it was "proper .
.. to apply the rule oflenity and resolve the ambiguity in Thompson/Center's favor."
Id. at 518 (citing Crandon v. United States, 494 U.S. 152, 168, 110 S. Ct. 997, 108
L. Ed. 2d 132(1990); Comm 'r v. Acker, 361 U.S. 87, 91, 80 S. Ct. 144, 4 L. Ed. 2d
127(1959)); id. at 519(Scalia, J., concurring in judgment)(expressly agreeing with
the plurality's application of the rule of lenity).