WSR 20-09-085
RULES OF COURT
STATE SUPREME COURT
[April 1, 2020]
IN THE MATTER OF THE SUGGESTED AMENDMENT TO APR 8—NONMEMBER LAWYER LICENSES TO PRACTICE LAW | ) ) ) ) | ORDER NO. 25700-A-1290 |
The Washington State Bar Association, having recommended the expeditious adoption of the suggested amendment to APR 8—Nonmember Lawyer Licenses to Practice Law, and the Court having considered the suggested amendment, and having determined that the suggested amendment will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ordered:
(a) That the suggested amendment as shown below is expeditiously adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the suggested amendment will be published expeditiously in the Washington Reports and will become effective upon publication.
dated at Olympia, Washington this 1st day of April, 2020.
| | Stephens, C.J. |
Johnson, J. | | Gonzalez, J. |
Madsen, J. | | Gordon McCloud, J. |
Owens, J. | | Yu, J. |
| | Montoya-Lewis, J. |
SUGGESTED TECHNICAL AMENDMENTS TO APR 8(b)
TITLE
ADMISSION AND PRACTICE RULES (APR)
RULE 8. NON-MEMBER LAWYER LICENSES TO PRACTICE LAW
(a) No changes.
(b) Exception for Particular Action or Proceeding. A lawyer member in good standing of, and permitted to practice law in, the bar of any other state or territory of the United States or of the District of Columbia, or a lawyer who is providing legal services for no fee through a qualified legal services provider pursuant to rule 8(f), 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 lawyer member of the Bar, who shall be the lawyer of record therein, responsible for the conduct thereof, and present at proceedings unless excused by the court or tribunal. The requirement in (ii) is waived for a lawyer who is a full-time active duty military officer serving in the office of a Staff Judge Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, or a Naval Legal Service Office or a Trial Service OfficeRegion Legal Service Office or a Defense Service Office, or as Special Victims' Counsel or Victims' Legal Counsel for any branch of the United States Armed Forces, located in the State of Washington.
(1) No changes.
(2) No changes.
(3) Payment of the fee and assessment shall only be necessary upon a lawyer's first motion to any court or tribunal in the same case. The associated Washington lawyer shall be jointly responsible for payment of the fee and assessment. The fee and assessment shall be waived for:
(A) a lawyer providing legal services for no fee through a qualified legal services provider pursuant to rule 8(f),
(B) a lawyer rendering service for no fee in either a bar association or governmentally sponsored legal services organization or in a public defender's office or similar program providing legal services to indigents and only in that capacity, or
(C) a lawyer who is a full-time active duty military officer serving in the office of a Staff Judge Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, or a Naval Legal Service Office or a Trial Service OfficeRegion Legal Service Office or a Defense Service Office, or as Special Victims' Counsel or Victims' Legal Counsel for any branch of the United States Armed Forces, located in the State of Washington, and who is not receiving any compensation from clients in addition to the military pay to which they are already entitled.
(4) No changes.
(5) No changes.
(6) [Unchanged.]
(c) – (g) No changes.