Judges: PerCuriam
Filed: Oct. 27, 2014
Latest Update: Mar. 02, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted October 21, 2014* Decided October 27, 2014 Before RICHARD A. POSNER, Circuit Judge JOEL M. FLAUM, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 14-2074 JOHN J. OTROMPKE, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 13 C 7847 LAWRENCE HILL, P
Summary: NONPRECEDENTIAL DISPOSITION To be cited in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted October 21, 2014* Decided October 27, 2014 Before RICHARD A. POSNER, Circuit Judge JOEL M. FLAUM, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 14-2074 JOHN J. OTROMPKE, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 13 C 7847 LAWRENCE HILL, Pr..
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NONPRECEDENTIAL DISPOSITION
To be cited in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted October 21, 2014*
Decided October 27, 2014
Before
RICHARD A. POSNER, Circuit Judge
JOEL M. FLAUM, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 14‐2074
JOHN J. OTROMPKE, Appeal from the United States District
Plaintiff‐Appellant, Court for the Northern District of Illinois,
Eastern Division.
v. No. 13 C 7847
LAWRENCE HILL, President of the James F. Holderman,
Illinois Board of Admissions to the Judge.
Bar, and LISA MADIGAN,
Attorney General of Illinois,
Defendants‐Appellees.
O R D E R
Twice now John Otrompke has sued the Board of Admissions to the Illinois bar
in federal court; in this action, like the first, he seeks an injunction compelling the Board
to admit him to the state’s bar. Otrompke’s lawsuit, brought under 42 U.S.C. § 1983,
* After examining the appellate brief and record, we have concluded that the case
is appropriate for summary disposition. Thus, the appeal is submitted on the brief and
record. See FED. R. APP. P. 34(a)(2)(C).
No. 14‐2074 Page 2
ostensibly claims that the Board’s rules governing the admissions process are
unconstitutional, but he has never asserted that those rules stand between him and
admission to the bar, or even that he plans to reapply for admission if the offending
rules are favorably rewritten. We conclude that Otrompke’s lawsuit faces several fatal
obstacles, among them that he lacks standing to sue.
Otrompke passed the Illinois bar exam in 2000, but the Committee on Character
and Fitness for the First Judicial District thought that he had not demonstrated the
requisite moral character and fitness to practice law. A panel of the Committee
conducted an investigation and issued a report. Their investigation revealed that from
1990 to 2001 Otrompke held 27 different jobs and had been fired from at least seven of
them for insubordination, incompetence, or tardiness. One employer fired him from his
bartending job after the bar owner suspected him of stealing. But on his law school
application, Otrompke said he had never been discharged by an employer, and on his
bar application he lied about the reasons he was fired. Also during that period,
Otrompke had lived at approximately 30 different addresses, frequently was homeless
and panhandled for money, and was arrested several times, yet he did not disclose
those arrests when he applied to law school. The Committee recommended that he not
be certified for admission, and in 2004 the state supreme court denied his petition for
review. Meanwhile, Otrompke had sought to gain admission by suing the Board of
Admissions and members of the Committee in federal court. The district court rejected
all of Otrompke’s claims. Otrompke v. Chairman of the Comm. on Character & Fitness for the
First Judicial Dist. of Ill., 2005 WL 3050618 (N.D. Ill. Nov. 7, 2005); Otrompke v. Chairman of
the Comm. on Character & Fitness for the First Judicial Dist. of Ill., 2005 WL 1126914 (N.D.
Ill. May 12, 2005). Otrompke never appealed. Ten years later, though, he brought this
suit against the Board of Admissions (and also the Illinois attorney general, whose
office has no conceivable involvement).
In this second federal lawsuit, Otrompke asserts that denying him admission to
the bar has abridged his “fundamental right to practice a profession,” and that certain
procedural rules prescribed for the committees on character and fitness in evaluating
bar applicants are unconstitutional. Otrompke’s contentions about the procedural rules
track his constitutional claims in the earlier federal lawsuit, and while much of his
rambling complaint is devoted to explaining his choice not to appeal the adverse
decision in that case, he also asserts that several of the rules he challenges were added
only after he was denied admission. What Otrompke wants, however, is an injunction
ordering his immediate admission to the Illinois bar; he does not say that he intends to
reapply for admission (which he has been eligible to do since late 2006), nor does he say
that fixing the perceived constitutional infirmities in the existing rules would boost his
chances of being admitted. Rather, he asserts that the process of evaluating the
No. 14‐2074 Page 3
character and fitness of bar applicants has “rendered the bar admission law a deadly
attractive nuisance,” and he asserts that applicants who have passed the bar “cannot be
deprived of a professional license absent a felony conviction or legal proof of insanity.”
The district court granted the Board’s motion to dismiss. The court first reasoned
that under the Rooker‐Feldman doctrine, see D.C. Court of Appeals v. Feldman, 460 U.S. 462,
486–87 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 416 (1923), subject‐matter
jurisdiction is lacking to the extent that Otrompke complains about his past exclusion
from the Illinois bar or any of the procedural rules then in effect. Otrompke’s challenges
to those rules, the court explained, could have been raised in the Supreme Court of
Illinois when that court reviewed the recommendation against certifying him for
admission. See FED. R. CIV. P. 12(b)(1); Arnold v. KJD Real Estate, LLC, 752 F.3d 700,
704–05 (7th Cir. 2014); Brown v. Bowman, 668 F.3d 437, 442–43 (7th Cir. 2012); Edwards v.
Ill. Bd. of Admissions to Bar, 261 F.3d 723, 728–29 (7th Cir. 2001). The district court then
concluded that Otrompke’s constitutional claims concerning newly enacted rules fail on
the merits. Otrompke moved for reconsideration, explaining that he “forgot to include
his legal argument” in responding to the Board’s motion to dismiss. The court denied
relief, and Otrompke appeals.1
On appeal Otrompke has abandoned his constitutional challenges except as to
Rules 6.3 and 6.4 of the Rules of Procedure governing the committees on character and
fitness. Those rules, Otrompke says, are vague and overbroad. But only Rule 6.3 is new;
Rule 6.4 is identical to former Rule 4.2, which Otrompke explicitly challenged in his
previous federal lawsuit. Rule 6.3 lists ten “essential eligibility requirements” for
admission to the bar; Otrompke says that one—the ability to conduct oneself properly
1 The Board of Admissions incorrectly asserts that we have jurisdiction to review only
the order denying Otrompke’s motion for reconsideration. That motion was filed and
denied before judgment was entered on the underlying dismissal of Otrompke’s
lawsuit. Indeed, Otrompke filed his notice of appeal two days before the entry of
judgment, and thus the notice of appeal is deemed filed on the same day. See FED. R.
APP. P. 4(a)(2); Brown v. Columbia Sussex Corp., 664 F.3d 182, 186–88 (7th Cir. 2011);
Runyon v. Applied Extrusion Techs., Inc., 619 F.3d 735, 739 (7th Cir. 2010). And though the
notice of appeal mentions only the order denying Otrompke’s motion to reconsider, his
intention to appeal the underlying decision is apparent, and the Board cannot plausibly
assert that it was misled. See JPMorgan Chase Bank, N.A. v. Asia Pulp & Paper Co., 707
F.3d 853, 861–62 (7th Cir. 2013); Badger Pharmacal, Inc. v. Colgate‐Palmolive Co., 1 F.3d 621,
624–25 (7th Cir. 1993).
No. 14‐2074 Page 4
and in a manner that engenders respect for the law and profession—is “especially
uninformative.” He adds that allowing consideration of “evidence of conduct indicating
instability or impaired judgment” gives “too much” discretion to the committees on
character and fitness and creates the possibility of “self‐censorship.”
For the most part, Otrompke’s current lawsuit is a thinly disguised attack on the
2004 decision of the state supreme court and an effort to relitigate his earlier federal
lawsuit. The Rooker‐Feldman doctrine insulates the state‐court decision from review, and
the doctrine of claim preclusion bars new challenges to the procedural rules in place
when Otrompke filed his earlier federal action. And what little remains of this second
federal action presents no case or controversy.
The parties did not address standing in the district court, but standing is a
jurisdictional requirement that is not subject to waiver. See Ctr. for Individual Freedom v.
Madigan, 697 F.3d 464, 473 (7th Cir. 2012). Standing exists when a plaintiff suffers an
actual or impending injury that is caused by the defendants’ acts, and when it is likely
that the injury will be redressed by a favorable judicial decision. See Clapper v. Amnesty
Int’l USA, 133 S. Ct. 1138, 1147 (2013); Korte v. Sebelius, 735 F.3d 654, 667 (7th Cir. 2013).
When an injury is threatened in the future, the risk of harm must be substantial and
more than speculative. See Susan B. Anthony List v. Driehaus, 134 S. Ct. 2334, 2341 (2014);
Mont. Envtl. Info. Ctr. v. Stone‐Manning, 766 F.3d 1184, 1189 (9th Cir. 2014); Kiser v. Reitz,
765 F.3d 601, 607 (6th Cir. 2014).
Otrompke has not met his burden to show that he faces more than a speculative
future injury. See Kathrein v. City of Evanston, 636 F.3d 906, 913–14 (7th Cir. 2011) (noting
that plaintiff bears burden of proving standing); see also Schumacher v. Nix, 965 F.2d
1262, 1264 n.1 (3d Cir. 1992) (presuming that plaintiff who had not applied for
permission to sit for bar exam nonetheless had standing to challenge eligibility criteria
since his claim was identical to that of coplaintiff who had applied and was denied
permission); Jacobs v. The Florida Bar, 50 F.3d 901, 903–05 (11th Cir. 1995) (plaintiffs had
standing to challenge advertising restrictions because they intended to continue using
past ads but had stopped because ads would violate new rules). Otrompke has not
reapplied since he was denied admission to the bar (although the rules permitted him
to do so two years after that denial). And in contrast with his first federal lawsuit,
where he asserted that he intended to reapply, Otrompke has never said in this
litigation that he plans to reapply or that the challenged procedural rules have
dissuaded him from doing so. Cf. Kiser, 765 F.3d at 608 (explaining that plaintiff shows
injury‐in‐fact when he alleges intention to engage in course of conduct arguably
affected with constitutional interest but proscribed by statute, and there is credible
threat of prosecution); Constitution Party of Pa. v. Aichele, 757 F.3d 347, 364 (3d Cir. 2014)
No. 14‐2074 Page 5
(plaintiffs demonstrated future injury through sworn and uncontested declarations that
the challenged law directly impeded their plans to seek public office); Edwards, 261 F.3d
728 (plaintiff’s challenges to bar admission procedures not moot where she planned to
reapply next year). Instead, Otrompke wants the federal courts to declare him presently
fit to practice law and order the Board of Admissions to admit him without reapplying.
That demand is a direct attack on the state supreme court’s denial of admission, not a
contention that the current rules governing the admissions process are preventing
Otrompke from being approved for admission. As long as Otrompke declines to
reapply for admission, he cannot assert that he has suffered or will suffer an impending
injury as a result of the Board’s application of the current rules.
We conclude that the district court should have dismissed Otrompke’s lawsuit in
its entirety for lack of jurisdiction. To the extent that Otrompke is trying to resurrect his
state‐court challenge to his exclusion from the Illinois bar, his suit is barred by
Rooker‐Feldman. And to the extent that he challenges the existing Rules governing
admissions to the bar, he lacks standing to sue. The district court’s judgment is
MODIFIED to reflect a dismissal for lack of jurisdiction, and as modified the judgment
is AFFIRMED.