WSR 13-23-029
RULES OF COURT
STATE SUPREME COURT
[November 7, 2013]
IN THE MATTER OF THE ADOPTION OF AMENDMENTS TO ELC 3.6—MAINTENANCE OF RECORDS, ELC 4.10—REDACTION OR OMISSION OF CONFIDENTIAL IDENTIFIERS, ELC 5.1—GRIEVANTS AND ELC 11.2—DECISIONS SUBJECT TO BOARD REVIEW
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ORDER
NO. 25700-A-1046
The Washington State Bar Association Office of Disciplinary Counsel having recommended the adoption of the proposed amendments to ELC 3.6—Maintenance of Records, ELC 4.10—Redaction or Omission of Confidential Identifiers, ELC 5.1—Grievants and ELC 11.2—Decisions Subject to Board Review, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the amendments as shown below are adopted.
(b) That the amendments will be published in the Washington Reports and will become effective on January 1, 2014.
DATED at Olympia, Washington this 7th day of November, 2013.
 
 
Madsen, C.J.
C. Johnson, J.
 
Stephens, J.
Owens, J.
 
Wiggins, J.
Fairhurst, J.
 
Gonzalez, J.
J. M. Johnson, J.
 
Gordon McCloud, J.
SUGGESTED AMENDMENTS TO RULES 3.6, 4.10, 5.1, AND 11.2 OF THE RULES FOR ENFORCEMENT OF LAWYER CONDUCT
Redline Version
RULE 3.6 MAINTENANCE OF RECORDS
(a) Permanent Records. In any matter in which a disciplinary sanction or admonition has been imposed or the lawyer has resigned in lieu of discipline under rule 9.3, the bar file and transcripts of the proceeding are permanent records. Related file materials, including investigative files, may be maintained in disciplinary counsel's discretion. Exhibits may be returned to the party supplying them, but copies should be retained where possible.
(b) Destruction of Files. In any matter in which a grievance or investigation has been dismissed without the imposition of a disciplinary sanction or admonition, whether following a hearing or otherwise, file materials relating to the matter may be destroyed three years after the dismissal first occurred, and must be destroyed at that time on the respondent lawyer's request unless the files are being used in an ongoing investigation or unless other good cause exists for retention. However, file materials on a matter dismissed after a diversion must be retained at least ten five years after the dismissal. If disciplinary counsel opposes a request by a respondent for destruction of files under this rule, the Board rules on that request.
(c) Retention of Docket. If a file on a matter has been destroyed under section (b), the Association may retain a docket record of the matter for statistical purposes only. That docket record must not include the name or other identification of the respondent.
(d) Deceased Lawyers. Records and files relating to a deceased lawyer, including permanent records, may be destroyed at any time in disciplinary counsel's discretion.
RULE 4.10 REDACTION OR OMISSION OF CONFIDENTIAL IDENTIFIERS
In all matters filed with a review committee, a hearing officer or the chief hearing officer, the clerk, the Board, or the Supreme Court, both disciplinary counsel and respondents must redact or omit from all exhibits, documents, and pleadings all personal identifiers as are required to be redacted or omitted by the General Rules applicable to the Superior Court, including GR 15, 22, and 31. When it is not feasible to redact or omit a personal identifier, the filing party must seek a protective order under rule 3.2(e) to have the document filed under seal. This rule does not apply to a request for review of dismissal under rule 5.7(b) or a request for review of deferral under rule 5.3 (d)(2).
RULE 5.1 GRIEVANTS
(a) - (b) [Unchanged.]
(c) Grievant Rights. A grievant has the following rights:
(1) - (2) [Unchanged.]
(3) to receive a copy of any response submitted by the respondent, subject to the following:
(A) [Unchanged.]
(B) Challenge to Disclosure Decision. Either the grievant or the respondent may file a challenge to disciplinary counsel's decision to withhold or not withhold all or a portion of a grievance or response within 20 days of the date of mailing of the decision. The challenge shall be resolved by a review committee, unless the matter has previously been dismissed under rule 5.67(d).
(4) - (9) [Unchanged.]
(d) - (e) [Unchanged.]
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.
RULE 11.2 DECISIONS SUBJECT TO BOARD REVIEW
(a) Decision. For purposes of this title, "Decision" means:
(1) the hearing officer's findings of fact, conclusions of law, and recommendation, provided that if either party properly files a motion to amend under rule 10.16(c), the "Decision" includes the ruling on the motion, and becomes subject to Board review only upon the ruling on the motion; or
(2) the hearing officer's decision under rule 10.10(a) dismissing all claims.
(b) Review of Decisions. The Board reviews a Decision if within 30 days of service of the Decision on the respondent:
(1) either party files a notice of appeal within 30 days of service of the Decision on the respondent; or
(2) the Chair files a notice of referral for sua sponte consideration under rule 11.3(b) of the a decision not recommending suspension or disbarment the Board orders sua sponte review under rule 11.3.
(c) Cross Appeal. If a party files a timely notice of appeal under subsection (b)(1) of this rule and the other party wants relief from the Decision, the other party must file a notice of appeal with the Clerk within the later of (1) 14 days after service of the notice filed by the other party, or (2) within the time set forth in subsection (b) for filing a notice of appeal.