WSR 14-23-034

RULES OF COURT

[November 6, 2014]

The Washington State Bar Association, having recommended the Proposed Amendments to ELC 2.2—Board of Governors; Disciplinary Selection Panel, and the Court having considered the amendments and comments submitted thereto;

Now, therefore, it is hereby

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites expeditiously.

(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, 2015. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 6th day of November, 2014.

This suggested amendment would add a new subsection in ELC 2.2 establishing a three-year waiting period before former Board of Governors members, WSBA officers, or WSBA Executive Directors could be eligible to serve in the discipline system as hearing officers, Disciplinary Board members, or Conflicts Review Officers. The purpose of this amendment is to avoid any appearance of impropriety or conflicts of interest between a discipline-system volunteer and WSBA organizational leadership. It will achieve this purpose by restricting discipline-system appointment of individuals who are serving or have recently served on the Board or as WSBA officers or Executive Director.

The three-year waiting period will ensure complete turnover in the membership of the Board of Governors between the end of an individual's service as a governor, WSBA officer, or WSBA Executive Director and the beginning of that individual's service as a hearing officer, Disciplinary Board member, or Conflicts Review Officer in the discipline system.

(a) Function. The Board of Governors of the Association:

(1) through the Executive Director, provides administrative and managerial support to enable the Office of Disciplinary Counsel, the Disciplinary Board, review committees, and other Association staff and appointees to perform the functions specified by these rules;

(2) makes appointments, removes those appointed, and fills vacancies as provided in these rules; and

(3) performs other functions and takes other actions provided in these rules, delegated by the Supreme Court, or necessary and proper to carry out its duties.

(b) Limitation of Authority. The Board of Governors, officers of the Association, and the Executive Director of the Association have no right or responsibility to direct the investigations, prosecutions, appeals or discretionary decisions of the Office of Disciplinary Counsel under these rules, or to review hearing officer, review committee, or Disciplinary Board decisions or recommendations in specific cases.

(cd) Restriction on Advising or Representing Respondents or Grievants. Current and former members of the Board of Governors, Executive Directors, and officers of the Association are subject to the restrictions set forth in rule 2.14.

(de) Disciplinary Selection Panel. The Disciplinary Selection Panel makes recommendations to the Board of Governors for appointment, reappointment, and removal of Disciplinary Board members, hearing officers, chief hearing officer, and Conflicts Review Officers. The Panel is appointed by the Supreme Court, upon the recommendation of the Board of Governors, shall include a Board of Governors member who serves as its chair, and should include, without limitation, one or more former Chairs of the Disciplinary Board, one or more current or former hearing officers, and one or more former nonlawyer members of the Disciplinary Board.

(ef) Diversity. The Disciplinary Selection Panel and the Board of Governors considers diversity in gender, ethnicity, disability status, sexual orientation, geography, area of practice, and practice experience, when making appointments under Rules 2.2, 2.3, 2.5 2.7 and 2.9.