Stirling v. Minasian, No. 18-55834 (9th Cir. 2020)Annotate this Case
The Ninth Circuit affirmed the district court's order denying plaintiff's motion to remand his case to state court, where he wants to pursue his claim that a JAG colleague, defendant, is engaged in the unauthorized practice of law because defendant is licensed only in states outside of California.
The panel held that defendant was "acting under" a federal officer within the meaning of 28 U.S.C. 1442(a)(2). The panel rejected plaintiff's contention that this was not a "civil action or criminal prosecution" under section 1442(a)(1), and held that defendant was a "person" within the meaning of the statute; there was a causal connection between plaintiff's claims and defendant's actions taken pursuant to a federal officer's directions; and defendant raised a colorable federal defense under the Supremacy Clause. In this case, defendant was appointed by and reports to a federal officer and is permitted by federal regulation to practice law, in a specific and limited capacity, without becoming a member of the California Bar. Therefore, defendant has a colorable defense that this federal regulatory scheme preempts a claim by a private individual that would have the effect of invalidating those federal regulations in states, like California, that do not require all JAG Trial Defense Service attorneys to become members of the California Bar.