WSR 99-13-022

RULES OF COURT

STATE SUPREME COURT


[ June 3, 1999 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO NEW APR 17 (PUBLISHED FOR COMMENT AS APR 16) )

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ORDER

NO. 25700-A-654

The Washington State Bar Association having recommended the adoption of proposed New APR 17 (published for comment as APR 16), and the Court having considered the new rule and comments submitted thereto, and having determined that the proposed new rule will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That the proposed new rule as attached hereto is adopted.

(b) That the rule will be published in the Washington Reports and will become effective September 1, 1999.

DATED at Olympia, Washington this 3rd day of June, 1999.
Richard P. Guy


Smith, J.


Alexander, J.


Johnson, J.


Talmadge, J.


Madsen, J.


B. Durham


Sanders, J.


Ireland, J.



New APR 17

(Published for Comment as APR 16)

SUSPENSION FROM PRACTICE


(a) Suspension from Practice: The Washington State Bar Association shall request that the Supreme Court suspend a member from the practice of law upon the execution of written findings from an adjudicative process that: (1) The member is more than six months delinquent in noncompliance with a valid and enforceable order entered by a court of competent jurisdiction requiring the member to pay child support, and (2) the member has had the opportunity for an adjudicative proceeding to contest the issue of compliance with the child support order, and (3) there are currently no good faith negotiations for a repayment agreement or other modification of the order, and (4) there are no pending judicial or administrative proceedings to determine whether child support is delinquent. A member shall be considered in compliance with an order of child support if the member is current with a payment arrangement pursuant to an order which contemplates payments for past due child support. The hearing will be held, on actual notice to the member of no less than sixty days. The hearing shall otherwise be conducted pursuant to and in accordance with the Rules for Lawyer Discipline but will be for an administrative suspension only so long as the conditions set forth above exist.

(b) Order of Suspension: After 60 days from the execution of the written findings the Court may enter an order suspending the member from practice, unless the member submits satisfactory proof one of the conditions set forth above does not exist.

(c) Reinstatement: A member who has been administratively suspended under this rule shall have a right to submit proof of a condition for suspension no longer exists. The Court may enter an order of reinstatement upon determination said proof is satisfactory and so long as the member meets all other requirements to practice law.

(d) Rules of Professional Conduct not superseded: Nothing in this rule supersedes any of the Rules of Professional Conduct.

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