WSR 05-13-014

RULES OF COURT

STATE SUPREME COURT


[ June 2, 2005 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 1, APR 2 AND APR 3 )

)

)

ORDER

NO. 25700-A-814


The Washington State Bar Association having recommended the adoption of the proposed amendments to APR 1, APR 2 and APR 3, 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 attached hereto are adopted.

(b) That the amendments will be published in the Washington Reports and become effective September 1, 2005.

DATED at Olympia, Washington this 2nd day of June 2005.
Alexander, C. J.


C. Johnson, J.


Chambers, J.


Madsen, J.


Owens, J.


Sanders, J.


Fairhurst, J.


Bridge, J.


J. M. Johnson, J.



SUGGESTED AMENDMENT

ADMISSION TO PRACTICE RULES (APR)


RULE 1. IN GENERAL; SUPREME COURT; PREREQUISITES TO THE PRACTICE OF LAW; IMMUNITY


(a) Supreme Court. [No change].

(b) Prerequisites to the Practice of Law. [No change].

(c) Immunity. The Washington State Bar Association, its officers and agents (including but not limited to its staff, members of the Board of Governors, the Committee of Law Bar Examiners, the Character and Fitness Committee, the Law Clerk Committee, or any other individual acting under authority of these rules) are immune from all liability for conduct and communications occurring in the performance of their official duties relating to the examination, character and fitness qualifications, admission, and licensing of persons seeking to be admitted to the practice of law or for a limited license to practice law, provided only that the Bar Association, officer, or agent shall have acted in good faith. The burden of proving bad faith in this context shall be upon the person asserting it. The Bar Association shall provide defense to any action brought against an officer or agent of the Bar Association for actions taken in good faith under these rules and shall bear the costs of that defense and shall indemnify the officer or agent against any judgment taken therein. Communications to the Association, the Board of Governors, the Committee of Law Bar Examiners, the Character and Fitness Committee, the Law Clerk Committee, or any other individual acting under authority of these rules, are absolutely privileged, and no lawsuit may be predicated thereon.


SUGGESTED AMENDMENT

ADMISSION TO PRACTICE RULES (APR)

RULE 2. BOARD OF GOVERNORS


(a) Powers. In addition to any other power or authority in other rules, the Board of Governors of the Bar Association (referred to in these rules as the Board of Governors) shall have the power and authority to:

(1) Appoint a Committee of Law Bar Examiners (referred to in these rules as the Committee) from among the active members of the Bar Association for the purposes of assisting the Board of Governors in conducting the bar examination;

(2) Appoint a Law Clerk Committee from among the active members of the Bar Association for the purposes of assisting the Board of Governors in supervising the Law Clerk Program;

(3) Approve or deny applications for permission to take the bar examination, to enroll in the law clerk program, or to engage in the limited practice of law under pertinent provisions of rules 8 and 9;

(4) Investigate all aspects of an applicants qualifications to take the bar examination, to be admitted to the practice of law, to engage in the limited practice of law under pertinent provisions of rules 8 and 9, or to enroll in the law clerk program;

(5) Recommend to the Supreme Court the admission or rejection of each applicant who has passed the bar examination or who is applying to engage in the limited practice of law under pertinent provisions of rules 8 and 9;

(6) Approve law schools for the purposes of these rules and maintain a list of such approved law schools on file with the Clerk of the Supreme Court;

(7) Prescribe, with the approval of the Supreme Court, the amount of any fees required by these rules;

(8) Prescribe the form and content of any application, certificate, or other document referred to in these rules; and

(9) Perform any other functions and take any other actions provided for in these rules, or as may be delegated by the Supreme Court, or as may be necessary and proper to carry out its duties.

(b) Written Request. [No change].


SUGGESTED AMENDMENT

ADMISSION TO PRACTICE RULES (APR)

RULE 3. APPLICANTS TO TAKE THE BAR EXAMINATION



(a) Prerequisite for Admission. [No change].

(b) Qualification for Bar Examination. [No change].

(c) Exceptions. [No change].

(d) Forms; Fees; Filing. [No change].

(e) Disclosure of Records Unless expressly authorized by the Supreme Court or by the bar applicant, bar application forms and related records, documents, and proceedings shall not be disclosed, except as necessary to conduct an investigation and hearing pursuant to rule 7.

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.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office