AN ACT Relating to the Washington State Bar Association; amending RCW 2.48.021, 2.48.030, 2.48.060, 2.48.150, 2.48.170, 2.48.180; adding new sections to chapter 2.48 RCW; providing an effective date; and declaring an emergency.

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

Sec. 1. Section 4, chapter 94, Laws of 1933 and RCW 2.48.021 are each amended to read as follows:

After the organization of the state bar, as herein provided, all persons who are admitted to practice in accordance with the provisions of RCW 2.48.010 through 2.48.180, except judges of courts of record, ((~~shall~~)) may become by that fact active members of the state bar.

Sec. 2. Section 5, chapter 94, Laws of 1933 as last amended by section 1, chapter 30, Laws of 1982 1st ex. sess. and RCW 2.48.030 are each amended to read as follows:

There is hereby constituted a board of governors of the state bar which shall consist of not more than ((~~fifteen~~)) sixteen members, to include: The president of the state bar elected as provided by the bylaws of the association, one member from each congressional district now or hereafter existing in the state elected by secret ballot by mail by the active members residing therein, one member who is an attorney employed in a legal services corporation funded program, and such additional members elected as provided by the bylaws of the association. The members of the board of governors shall hold office for three years and until their successors are elected and qualified. Any vacancies in the board of governors shall be filled by the continuing members of the board until the next election, held in accordance with the bylaws of the association.

The board shall not be deemed to be unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.

Sec. 3. Section 8, chapter 94, Laws of 1933 and RCW 2.48.060 are each amended to read as follows:

The said board of governors shall likewise have power, in its discretion, from time to time to adopt rules, subject to the approval of the supreme court, fixing the qualifications, requirements and procedure for admission to the practice of law; and, with such approval, to establish from time to time and enforce rules of professional conduct for all ((~~members of the state bar~~)) persons admitted to the practice of law in Washington state; and, with such approval, to appoint boards or committees to examine applicants for admission; and, to investigate, prosecute and hear all causes involving discipline, disbarment, suspension or reinstatement, and make recommendations thereon to the supreme court; and, with such approval, to prescribe rules establishing the procedure for the investigation and hearing of such matters, and establishing county or district agencies to assist therein to the extent provided by such rules: PROVIDED, HOWEVER, That no person who shall have participated in the investigation or prosecution of any such cause shall sit as a member of any board or committee hearing the same.

Sec. 4. Section 11, chapter 94, Laws of 1933 and RCW 2.48.150 are each amended to read as follows:

Applicants for admission to the ((~~bar~~)) practice of law upon accredited certificates or upon examination, not having been admitted to the bar in another state or territory, shall pay a maximum fee of twenty-five dollars and all other applicants a maximum fee of fifty dollars, but in no event may the fees charged result in revenues exceeding the costs of examining and admitting applicants. Said admission fees shall be used to pay the expenses incurred in connection with examining and admitting applicants to the ((~~bar~~)) practice of law, including salaries of examiners((~~, and any balance remaining at the close of each biennium shall be paid to the state treasurer and be by him credited to the general fund~~)).

Sec. 5. Section 13, chapter 94, Laws of 1933 and RCW 2.48.170 are each amended to read as follows:

No person shall practice law in this state subsequent to the first meeting of the state bar unless ((~~he shall be an active member thereof as hereinbefore defined~~)) that person is licensed to practice law in this state: PROVIDED, That a member of the bar in good standing in any other state or jurisdiction shall be entitled to appear in the courts of this state under such rules as the board of governors may prescribe.

Sec. 6. Section 14, chapter 94, Laws of 1933 and RCW 2.48.180 are each amended to read as follows:

Any person who, not ((~~being an active member of the state bar, or who after he has been disbarred or while suspended from membership in the state bar~~)) licensed to practice law in this state, or who has been disbarred, or whose license to practice is currently suspended, as is provided by this chapter ((~~provided~~)), shall practice law, or hold himself or herself out as entitled to practice law, ((~~shall be~~)) is guilty of a misdemeanor: PROVIDED, HOWEVER, Nothing herein contained shall be held to in any way affect the power of the courts to grant injunctive relief or to punish as for contempt.

NEW SECTION. Sec. 7. There is added to chapter 2.48 RCW a new section to read as follows:

The financial records of the Washington State Bar Association shall be subject to audit by the state auditor.

NEW SECTION. Sec. 8. There is added to chapter 2.48 RCW a new section to read as follows:

All meetings of the board of governors of the state bar shall be subject to the open public meetings act, chapter 42.30 RCW.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.