WSR 06-23-024

RULES OF COURT

STATE SUPREME COURT


[ November 2, 2006 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 15 -- PROCEDURAL RULES 4, 6, NEW RULE 14 AND RENUMBERED NEW RULE 15 )

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 ORDER

NO. 25700-A-861

     The Washington State Bar Association having recommended the adoption of the proposed amendments to APR 15 -- Procedural Rules 4, 6, New Rule 14 and Renumbered New Rule 15, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendments as attached hereto are adopted.

     (b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendments are adopted and become effective immediately.

     DATED at Olympia, Washington this 2nd day of November, 2006.
     Alexander, C.J.
     C. Johnson, J.

      Chambers, J.
     Madsen, J.

      Owens, J.
     Sanders, J.

      Fairhurst, J.
     Bridge, J.

      J. M. Johnson, J.


SUGGESTED AMENDMENT

APR 15. LAWYERS' FUND FOR CLIENT PROTECTION PROCEDURAL RULES

RULE 4.     APPLICATIONS FOR PAYMENT



     A. Application Form. [no change].

     B. Disciplinary Complaints Grievances. Before an application for payment from the Fund will be considered, the applicant must also file a disciplinary grievance with the Office of Disciplinary Counsel, unless the lawyer is disbarred or deceased, or unless the Committee in its discretion finds that no disciplinary grievance is required.

     C. Notice by Office of Disciplinary Counsel. Any person who has filed a disciplinary complaint grievance with the WSBA alleging a loss occasioned by the dishonest conduct of a lawyer should be provided with a Lawyers Fund for Client Protection application form and given information about the Fund.


SUGGESTED AMENDMENT

APR 15. LAWYERS' FUND FOR CLIENT PROTECTION PROCEDURAL RULES

RULE 6.      PROCEDURES



     A. Ineligibility. [no change].

     B. Investigation and Report. [no change].

     C. Notification of Lawyer. The lawyer, or his or her representative, regarding whom an application is made shall be notified of the application and provided a copy of it, and shall be requested to respond within 20 days. If the lawyer's address of record on file with the WSBA is not current, then a copy of the application should be sent to the lawyer at any other address on file with the WSBA. A copy of these Rules shall be provided to the lawyer or representative.

     D. Testimony. [no change].

     E. Finding of Dishonest Conduct. [no change].

     F. Evidence and Burden of Proof. [no change].

     G. Pending Disciplinary Proceedings. [no change].

     H. Public Participation. [no change].

     I. Committee Action. [no change].


SUGGESTED AMENDMENT

LAWYERS' FUND FOR CLIENT PROTECTION (APR 15)

PROCEDURAL RULES

(new rule)



     RULE 14. NOTICE OF ACTION

     Notice of approval of an application to the Fund may be published in the Washington State Bar News and elsewhere at the direction of the Committee or Trustees. Notice may also be posted electronically on any web site maintained by the WSBA. If the lawyer has made full restitution to the Fund, any notice posted electronically by the WSBA may, at the request of the lawyer, be removed.

     RULE 14 15. AMENDMENTS [No change].

     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.

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