WSR 09-01-029

RULES OF COURT

STATE SUPREME COURT


[ December 5, 2008 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO APR 8(b)-SPECIAL ADMISSIONS-EXCEPTION FOR PARTICULAR ACTION OR PROCEEDING )

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ORDER

NO. 25700-A-910

The Washington State Bar Association having recommended the adoption of the proposed amendment to APR 8(b)-Special Admissions-Exception for Particular Action or Proceeding, and the Court having approved the proposed amendment for publication;

Now, therefore, it is hereby

ORDERED:

(a) That pursuant to the provisions of GR 9(g), the proposed amendment as attached hereto is to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's web sites in January 2009.

(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, 2009. 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 [5th] day of December 2009 [2008].
For the Court
Gerry L. Alexander
CHIEF JUSTICE

GR 9 COVER SHEET

Suggested Amendment

ADMISSION TO PRACTICE RULES (APR)

RULE 8. SPECIAL ADMISSIONS


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



Purpose: Effective July 2008, the Supreme Court adopted an amendment to rule 5.5 of the Rules of Professional Conduct (RPC) that authorizes lawyers from other jurisdictions to practice law in Washington for a single employer or as authorized by federal law to provide legal services in Washington for no fee through a qualified legal services provider. RPC 5.5(e).

Although this new amendment refers to these pro bono lawyers appearing before courts pursuant to Admission to Practice Rule 8(b), they are not eligible under current APR 8(b) for pro hac vice admission because that rule requires that the non-Washington admitted lawyer maintain a residence and practice in the jurisdiction where he or she is admitted.

Therefore, the WSBA Board of Governors proposes an amendment to APR 8(b) to allow in-state house counsel to be admitted under that rule on a case-by-case basis for the limited purpose of providing pro bono legal services under RPC 5.5(e).



SUGGESTED AMENDMENT

ADMISSION TO PRACTICE RULES (APR)

RULE 8 SPECIAL ADMISSIONS



(a) In General. [No change.]

(b) Exception for Particular Action or Proceeding. A member in good standing of the Bar of any other state or territory of the United States or of the District of Columbia, who is a resident of and maintains a practice in such other state, territory, or District, or a lawyer who is providing legal services for no fee through a qualified legal services provider pursuant to RPC 5.5(e), may appear as a lawyer in any action or proceeding only (i) with the permission of the court or tribunal in which the action or proceeding is pending, and (ii) in association with an active member of the Washington State Bar Association, who shall be the lawyer of record therein, responsible for the conduct thereof, and present at proceedings unless excused by the court or tribunal.

(1) An application to appear as such a lawyer shall be made by written motion to the court or tribunal before whom the action or proceeding is pending, in a form approved by the Board of Governors, which shall include certification by the lawyer seeking admission under this rule and the associated Washington lawyer that the requirements of this rule have been compiled with, and shall include an indication on which date the fee required in part (2) was paid, or indicating that the fee was waived pursuant to part (2). The motion shall be heard by the court or tribunal after such notice to the Washington State Bar Association as is required in part (2) below, together with the required fee, unless waived pursuant to part (2), and to adverse parties as the court or tribunal shall direct. Payment of the required fee shall only be necessary upon a lawyer's first application to any court or tribunal in the same case. The court or tribunal shall enter an order granting or refusing the motion, and, if the motion is refused, the court or tribunal shall state its reasons.

(2) The lawyer making the motion shall submit a copy of the motion to the Washington State Bar Association, accompanied by a fee in each case in an amount set by the Board of Governors with the approval of the Supreme Court. Payment of the fee shall only be necessary upon a lawyer's first motion to any court or tribunal in the same case. The associated Washington counsel shall be jointly responsible for payment of the fee. The fee shall be waived for a lawyer providing legal services for no fee through a qualified legal services provider pursuant to RPC 5.5(e). The Washington State Bar Association shall maintain a public record of all motions for admission pursuant to this rule.

(3) No member of the Bar Association shall lend his or her name for the purpose of, or in any way assist in, avoiding the effect of this rule.

(c) Exception for Indigent Representation. [No change.]

(d) Exception for Educational Purposes. [No change.]

(e) Exception for Emeritus Membership. [No change.]

(f) Exception for Foreign House Counsel. [No change.]

(g) Exception for Military Lawyers. [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.

Washington State Code Reviser's Office