WSR 98-13-022
RULES OF COURT
STATE SUPREME COURT
[June 4, 1998]
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO APR 8(e) | )
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ORDER
NO. 25700-A-626 |
The Washington State Bar Association having recommended the adoption of the proposed amendment to APR 8(e), and the Court having considered the amendment and comments submitted thereto, and having determined that the proposed amendment will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the amendment as attached hereto is adopted.
(b) That the amendment will be published in the Washington Reports and will become effective September 1, 1998.
DATED at Olympia, Washington this 4th day of June, 1998.
| Durham, C.J.
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| Dolliver, J.
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| Guy, J.
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| Talmadge, J.
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Sanders, J.
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| Johnson, J.
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Alexander, J.
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PROPOSED AMENDMENTS TO ADMISSION TO
PRACTICE RULES
APR 8(e)
special admissions
(a) [No change.]
(b) [No change.]
(c) [No change.]
(d) [No change.]
(e) Exception for Emeritus Membership.
A lawyer admitted to the practice of law in a state or territory of the United States or the District of Columbia including Washington State may apply to the Board of Governors for a limited license to practice law as an emeritus member in this state when the lawyer is otherwise fully retired from the practice of law, An emeritus member shall provide legal services for a qualified legal services provider as defined in part (2) below. The lawyer shall apply by (I) filing an application in the form and manner that may be prescribed by the Board of Governors; (ii) presenting satisfactory proof of admission by examination to the practice of law and current good standing in any state or territory of the United States or the District of Columbia. provided that if a disciplinary sanction has been imposed upon the lawyer within 15 years immediately preceding the filing of the application for emeritus status. the Board of Governors shall have the discretion to accept or reject the application; (iii) presenting satisfactory proof of active legal experience as defined in APR 3(b) for at least 5 of the 10 years immediately preceding the filing of the application for lawyers admitted in Washington and for at least 10 of the 15 years immediately preceding the filing of the application for lawyers only admitted to practice in jurisdictions other than Washington; (iv) filing certification from a qualified legal services provider as defined in part (2) below that the applicant's practice of law will comply with the terms of this rule; (iv) paying such fee as may be set by the Board of Governors with approval of the Supreme Court; (v) complying with training requirements as may be prescribed by the Board of Governors; and (vi) furnishing whatever additional information or proof that may be required in the course of investigating the applicant.
(1) Upon approval of the application by the Board of Governors, the lawyer shall take the Oath of Attorney, pay the current years annual membership fee in the amount required of inactive members, and the Board of Governors shall transmit its recommendation to the Supreme Court which may enter an order admitting the lawyer to the limited practice of law under this section. Emeritus status shall be for one year subject to annual renewal as provided by the Board of Governors.
(2) The practice of a lawyer admitted under this section shall be limited to providing legal service for no fee through a qualified legal services provider; or serving as an unpaid governing or advisory board member or trustee of or providing legal counsel or service for no fee to a qualified legal services provider. A qualified legal services provider is a not-for-profit legal services organization whose primary purpose is to provide legal services to low income clients. The prohibition against compensation for emeritus members shall not prevent a qualified legal services provider from reimbursing an emeritus member for actual expenses incurred while rendering legal services under this rule. A qualified legal services provider shall be entitled to receive all court awarded attorney's fees for any representation rendered by the emeritus member.
(3) A lawyer admitted under this section shall pay to the Washington State Bar Association an annual license fee in the amount required of inactive members.
(4) The practice of a lawyer admitted under this section shall be subject to the Rules of Professional Conduct, the Rules for Lawyer Discipline, and to all other laws and rules governing lawyers admitted to the bar of this state. Jurisdiction shall continue whether or not the lawyer retains the limited license and irrespective of the residence of the lawyer.
(5) Emeritus members shall be exempt from compliance with rule 11 concerning Continuing Legal Education. However, prior to engaging in practice as an emeritus member, the lawyer must complete a training course or courses as approved by the Board of Governors.
(6) An emeritus member shall promptly report to the Washington State Bar Association a change in membership status in a state or territory of the United States or District of Columbia where the applicant has been admitted to the practice of law or the commencement of any formal disciplinary proceeding in any jurisdiction where the lawyer has been admitted to the practice of law.
(7) The limited license granted under this section shall be automatically terminated when the lawyer's practice fails to comply with part (2) above, the lawyer fails to comply with the terms of this rule, or on suspension or disbarment in a state or territory of the United States or District of Columbia where the applicant has been admitted to the practice of law. If the lawyer whose limited license is terminated was previously admitted to practice in Washington, the lawyer shall be transferred to inactive membership status upon termination.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.