NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted August 30, 2018*
Decided September 7, 2018
Before
DIANE S. SYKES, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
MICHAEL Y. SCUDDER, Circuit Judge
No. 18‐2192
IN RE ANDREW U. D. STRAW, Appeal from the United States District
Respondent‐Appellant. Court for the Northern District of
Indiana, Fort Wayne Division.
No. 1:17‐MC‐5‐TLS
Theresa L. Springmann,
Chief Judge.
O R D E R
Upon being suspended from the practice of law in the Northern District of
Indiana, Andrew Straw moved to withdraw from the district’s bar. The district judge
denied his motion, and Straw now appeals. We affirm.
The Indiana Supreme Court suspended Straw’s law license after he violated
Indiana Professional Conduct Rule 3.1 by bringing frivolous claims and arguments in
four lawsuits, three of which he filed on his own behalf. The Northern District of
* We grant Andrew Straw’s motion to decide this case without oral argument
because the appeal is frivolous. See FED. R. APP. P. 34(a)(2)(A).
No. 18‐2192 Page 2
Indiana imposed reciprocal discipline, as it ordinarily does under Northern District of
Indiana Local Rule 83‐6.8(c). Straw later sought reinstatement, arguing that the
Northern District of Indiana should follow the actions of the Virginia State Bar, which
decided not to impose equivalent discipline because the same conduct would not be a
basis for disciplinary action in Virginia. The district judge found no grounds to
reconsider her prior imposition of reciprocal discipline and denied his request.
Straw then began peppering the district court with motions and letters relating to
his desire to “boycott” the court and seek the “abolition of my law license.” He said that
he resented judges acting with bias against him, accusing him of being insane and
nonsensical, and that he wanted to invoke his First Amendment right not to associate
with a court that was hostile towards persons like him with disabilities. The judge
denied the motions, emphasizing that she made no pronouncement that would require
Straw to associate with the district court, or its bar, and that Straw’s right to practice in
the district would remain suspended until he complied with the requirements for
reinstatement, as set forth in Northern District of Indiana Local Rule 83‐6.11.
On appeal Straw asserts that his First Amendment rights to “boycott” and “not
associate” with the bar of the Northern District of Indiana required the district judge to
strike him from the rolls. But Straw does not point us to any authority permitting a
suspended attorney to withdraw unilaterally from the bar of the Northern District of
Indiana. Indeed, this court has a contrary rule: an attorney admitted to practice may not
withdraw from our bar if he, like Straw, is the subject of a disciplinary matter. In re
Wick, 628 F.3d 379, 380–81 (7th Cir. 2010). In Wick, we explained that we did not want
“to leave the impression that the separation was innocent if in fact it was precipitated
by the attorney’s wrongdoing.” Id. at 380. The Second Circuit has reached a similar
conclusion: once disciplinary proceedings have begun, allowing an attorney to evade
discipline through “strategic withdrawal” does not serve the interests of justice.
In re Saghir, 595 F.3d 472, 473–74 (2d Cir. 2010). When enforcing Northern District of
Indiana Local Rule 83‐6.11, the district judge here followed the same path. The judge
appropriately concluded that Straw remains suspended from practice in the Northern
District of Indiana until he complies with the relevant provisions for reinstatement.
N.D. IND. L.R. 83‐6.11.
Straw asks us to take notice of the Supreme Court’s recent decision in Janus v.
American Federation of State, County, & Municipal Employees, Council 31, 138 S. Ct. 2448
(2018), declaring that forced union fees violate the First Amendment rights of nonunion
workers. The analogy, however, is misplaced. Unlike the employees in Janus who were
No. 18‐2192 Page 3
forced to associate with their union by subsidizing activities, see Janus, 138 S. Ct.
at 2459–60, Straw does not contribute money (or anything else) to the bar.
Since seeking to withdraw from the bar of the Northern District of Indiana, Straw
has persisted in the misconduct that led to his suspension from the State of Indiana. We
recently warned him that his “pattern [of frivolous filings] must stop immediately or he
will be sanctioned and barred … from litigating in the courts of this circuit.” Straw
v. Vill. of Streamwood, No. 17‐1867, 2018 WL 2068695, at *4 (7th Cir. May 3, 2018).
Because we issued the warning after Straw filed this appeal, we will not sanction him at
this time, see United States v. Robinson, 251 F.3d 594, 596 (7th Cir. 2001). Nevertheless,
judicial patience has its limits and we reiterate that continued frivolous filings will risk
sanctions, monetary and otherwise.
AFFIRMED