WSR 06-23-020

RULES OF COURT

STATE SUPREME COURT


[ November 2, 2006 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 11.6 )

)

ORDER

NO. 25700-A-857


The Washington State Bar Association having recommended the adoption of the proposed amendments to APR 11.6, and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

ORDERED:

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as attached hereto are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Office of the Administrator for the Courts' Web sites in January, 2007.

(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2007. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 2nd day of November, 2006.
For the Court
Gerry L. Alexander
CHIEF JUSTICE



GR 9 COVER SHEET



Suggested Amendment

ADMISSION TO PRACTICE RULES (APR)

APR 11.6. REPORTS AND ENFORCEMENT


Submitted by the Board of Governors of the Washington State Bar Association

Draft 5/5/06


Purpose: The proposed amendments to APR 11.6 are to intended give incentive to members to meet the MCLE requirements by the compliance deadline of February 1st. In the view of the Board of Continuing Legal Education, the current rule, giving an automatic extension to May 1st, sanctions MCLE non-compliance. Members experiencing hardship in meeting the MCLE requirements can petition the Board for extensions, exemptions, and waivers of the compliance requirements under this rule as well as under APR 11.4 and Regulation 110.

The current May 1st rule also results in a significant delay in suspending non-compliant members because Notice of Non-Compliance letters [reminders of that MCLE compliance is due] and Pendency letters [pre-suspension letters] cannot be sent until after May 1st. By eliminating this automatic extension the MCLE non-compliance suspension process can be completed in a more timely manner.

The amendment to APR 11.6 (c)(4) is to match the amendment to Regulation 110 adopted by the Supreme Court in August 2004. Regulation 110 was amended to eliminate "restricted practice" as a reason for being able to petition the Board for an extension, exemption, or waiver of the MCLE requirements.


DRAFT 5/5/06

SUGGESTED AMENDMENT

ADMISSION TO PRACTICE RULES (APR)

APR 11.6. REPORTS AND ENFORCEMENT


(a) Compliance Report and Other Activities. [No change].

(b) Compliance Report. Each active member shall submit a CLE compliance report as specified in the regulations, or as approved by the CLE Board pursuant to rule 11.4. If a member has not completed the minimum education requirement for that member's reporting period, compliance may still be accomplished, as specified in the regulations, the member may complete and return to the CLE Board a petition, which shall be accompanied by a declaration(s) or affidavit(s) in support of the request, for an extension of time to complete the requirements. If the petition is approved, the member by making shall make up the deficiency, within the first 4 months of the next succeeding calendar year, filing file a supplemental report with the Bar Association by May 1 of that year and by paying pay a special filing late filing compliance fee by the date as set forth in the agreement or order extending the time for compliance.

(c) Delinquency. Any member required to do so who has not complied by May 1 of each year, the reporting deadline, or by the or such other date as is set forth in an agreement or order extending the time for compliance, may be ordered suspended from the practice of law by the Supreme Court. To effect such suspension, removal the CLE Board shall by written notice to the non-complying member advise of the pendency of suspension removal proceedings unless within 10 days of receipt of such the notice such the member shall complete and return to the CLE Board an accompanying form of petition which may be accompanied by a declaration(s) or affidavit(s) in support of a request for an extension of time for, or exemption from, compliance with Section (a) above or for a ruling by the CLE Board of substantial compliance therewith.

(1) Unless such petition be so filed, the CLE Board shall report such fact to the Supreme Court with its recommendations for appropriate action. The Supreme Court shall enter such order, as it deems appropriate. The provisions of RAP 17.4 and RAP 17.5 shall apply to any motion for reconsideration of such order.

(2) If such petition be so filed, the CLE Board may, in its discretion, approve the same without hearing, or may enter into agreement on terms with such member as to time and requirements for achieving compliance with the provisions of Section (a).

(3) If the CLE Board does not so approve such petition or enter into such agreement with terms, the CLE Board (or a subcommittee of one or more CLE Board members) shall hold a hearing upon the petition and shall give the member at least 10 days notice of the time and place thereof. Testimony taken at the hearing shall be under oath and audio-recorded. The oath shall be administered by the chairperson of the CLE Board or the chairperson of the subcommittee. For good cause shown the CLE Board may rule that the member has substantially complied with these rules for the year reporting period in question or, if he or she has not done so, it may grant the member an extension of time within which to comply and may do so upon terms as it may deem appropriate. As to each such application the CLE Board shall enter written findings of fact and an appropriate order, a copy of which shall be mailed forthwith to the member at the address on file with the Bar Association. Any such order shall be final unless within 10 days from the date thereof the member shall file a written notice of appeal with the Supreme Court and serve a copy of the Washington State Bar Association. The member shall pay to the clerk of the Supreme Court, a docket fee of $250.00.

(4) In its consideration of petitions for relief hereunder, the CLE Board shall consider factors of hardship such as undue hardship, age, or disability,, or of restricted practice.

(d) Review to the Supreme Court. [No change].

(e) Time. [No change].

(f) Costs. [No change].

(g) Change of Status. [No change].

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 errors in the above material occurred in the copy filed by the state supreme court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office