H-3236.3          _______________________________________________

                                  HOUSE BILL 2368

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Padden, Riley, Mielke and Paris

Read first time 01/15/92.  Referred to Committee on Judiciary.Allowing deputy sheriffs to practice law.

     AN ACT Relating to the practice of law by deputy sheriffs; and amending RCW 2.48.200 and 36.28.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 2.48.200 and 1975 1st ex.s. c 19 s 3 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, no person shall practice law who holds a commission as judge in any court of record, or as sheriff, coroner, or deputy sheriff; nor shall the clerk of the supreme court, the court of appeals, or of the superior court or any deputy thereof practice in the court of which he or she is clerk or deputy clerk:  PROVIDED, It shall be unlawful for a deputy prosecuting attorney, or for the employee, partner, or agent of a prosecuting attorney, or for an attorney occupying offices with a prosecuting attorney, to appear for an adverse interest in any proceeding in which a prosecuting attorney is appearing, or to appear in any suit, action or proceeding in which a prosecuting attorney is prohibited by law from appearing, but nothing herein shall prohibit a prosecuting attorney or a deputy prosecuting attorney from appearing in any action or proceeding for an interest divergent from that represented in the same action or proceeding by another attorney or special attorney in or for the same office, so long as such appearances are pursuant to the duties of prosecuting attorneys as set out in RCW 36.27.020 and such appearances are consistent with the code of professional responsibility or other code of ethics adopted by the Washington state supreme court, but nothing herein shall preclude a judge or justice of a court of this state from finishing any business ((by him)) undertaken in a court of the United States prior to ((his)) him or her becoming a judge or justice.

(2)(a) A deputy sheriff may practice law if in the normal course of duty the deputy sheriff:  (i) Engages in duties that are of a general law enforcement nature and are not normally closely related to the function of the court; (ii) limits his or her law practice to those areas not in conflict with the deputy sheriff's duties; (iii) does not serve civil process; and (iv) does not attend sessions of the superior court.

(b) If the normal course of the deputy sheriff's duties change so that the deputy sheriff engages in duties proscribed under (a) of this subsection, and the change in duties creates a recurring or permanent conflict between the practice of law and the deputy sheriff's duties, the deputy sheriff shall immediately cease either the law practice in full compliance with the rules of professional conduct or cease employment as a deputy sheriff until the conflict no longer exists.  If the deputy sheriff elects to discontinue the practice of law, he or she may finish any pending legal matters to avoid causing hardship to a client if finishing those legal matters does not create a conflict with the deputy sheriff's duties or with the rules of professional conduct.

(c) Prior to beginning the practice of law, a deputy sheriff shall file an affidavit with the clerk of the court in the county where the deputy sheriff is employed and intends to practice law.  The affidavit shall state that the deputy sheriff shall comply with the requirements of subsection (2) (a) and (b) of this section.

     Sec. 2.  RCW 36.28.110 and 1963 c 4 s 36.28.110 are each amended to read as follows:

     No sheriff ((or deputy sheriff)) shall appear or practice as attorney in any court, except in their own defense.  Deputy sheriffs may practice law subject to the limitations of RCW 2.48.200(2).