WSR 04-23-031

RULES OF COURT

STATE SUPREME COURT


[ November 5, 2004 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 11, REGULATIONS 110 )

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ORDER

NO. 25700-A-799


     The Washington State Bar Association having recommended the adoption of the proposed amendments to Regulations 110 to APR 11, and the Court having determined that the proposed amendments as amended will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendments as amended as attached hereto are adopted.

     (b) That pursuant to the emergency provisions of GR 9(i), the amendments as amended to Regulations 110 of APR 11, will be published in the Washington Register, Washington State Bar Association and Administrative Office of the Court's websites and, in addition to the above, the amendments as amended will also be published in the Washington Reports and will become effective upon publication.

     DATED at Olympia, Washington this 5th day of November 2004.
     Alexander, C.J.


     Johnson, J.


     Bridge, J.


     Madsen, J.


     Chambers, J.


     Sanders, J.


     Owens, J.


     Ireland, J.


     Fairhurst, J.


Regulation 110. Exemptions, Waivers, Modifications


     (a) As a general proposition, all active members of the Bar Association are required to comply with the provisions of APR 11. The alternative to compliance is transfer to inactive status. The CLE Board may grant extensions, waivers or modifications of the time deadlines or education requirements specified in APR 11 and these Regulations Applications for extensions, waivers or modifications shall be made in writing and supported by a sworn statement in the form of an affidavit or declaration.

     (b) Undue Hardship, Age, Practice or Disability. Exemptions from the continuing legal education requirement, or waiver, or modification of such requirement, based upon undue hardship, age or disability should be granted only sparingly. Consequently, before the CLE Board will consider granting an application for exemption, waiver or modification based upon these grounds, the applicant must establish to the satisfaction of the CLE Board that (1) such condition of undue hardship, age, or disability warrants granting an exemption, waiver, or modification; and (2) the applicant has not been in and will not be engaged in the unsupervised practice of law during the relevant period.

     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.

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