WSR 18-22-092
[October 31, 2018]
NO. 25700-A-1244
The Military Spouse J.D. Network (MSJDN), having recommended the suggested amendment to APR 3, and the Court having approved the suggested amendments for publication;
Now, therefore, it is hereby
(a) That pursuant to the provisions of GR 9(g), the suggested amendment as shown below is to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January 2019.
(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.
(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2019. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Comments submitted by e-mail message must be limited to 1500 words.
dated at Olympia, Washington this 31st day of October, 2018.
For the Court
Fairhurst, C.J.
Suggested Change to the
Submitted by Military Spouse J.D. Network
A. Name of Proponent: Military Spouse J.D. Network
B. Spokesperson: Elizabeth Jamison, Esq.
C. Purpose:
The proposed rule seeks to accommodate military spouse attorneys while supporting their spouses' military service. It achieves this purpose by modifying licensure requirements for military spouse attorneys who reside in the state due to military orders.
D. Hearing:A hearing is not requested.
E. Expedited Consideration: Expedited Consideration is not requested.
See Supporting Documentation: Proposed Rule: Revisions to Washington License Requirements in Support of Military Spouse Attorneys, July 2018.
(a) – (i) [Unchanged]
(j) Lawyer Admission for Attorney-Spouses of Active Duty Military Personnel Stationed Within the State
(1) Due to the unique mobility requirements of military families who support the defense of our nation, an attorney who is the spouse of an active duty sevicemember of the United States Uniformed Services, as defined by the United States Department of Defense, and is stationed within this jurisdiction may obtain a license to practice law without examination pursuant to the terms of this rule. To qualify under this provision, a military spouse must not be eligible for admission by motion or Uniform Bar Examination (UBE) score transfer.
(2) Requirements. An applicant under this rule must:
(A) Have been admitted to practice law in another U.S. state, territory, or the District of Columbia;
(B) Hold a J.D. or LL.B. degree from a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association at the time the applicant matriculated or graduated;
(C) Establish that the applicant is currently a member in good standing in all jurisdictions where admitted;
(D) Establish that the applicant is not currently subject to attorney discipline or the subject of a pending disciplinary matter in any jurisdiction;
(E) Establish that the applicant possesses the character and fitness to practice law in this jurisdiction;
(F) Reside, or intend within the next six months to reside, in this jurisdiction as a spouse of a member of the United States Uniformed Services;
(G) Not have failed this jurisdiction's bar examination within five years of the date of filing an application under this rule;
(H) Not have been previously denied admission to the practice of law in this jurisdiction; and
(I) Certify that the applicant has read and is familiar with this jurisdiction's Rules of Professional Conduct;
(J) Complete the WSBA sponsored reinstatement course within one year from the date of admission.
(3) Procedure. WSBA may require such information from an applicant under this rule as is authorized for any applicant for admission to practice law—except any information specifically excluded by this rule–and may make such investigations, conduct such hearings, and otherwise process applications under this rule as if made pursuant to this jurisdiction's rules governing application for admission without examination. Upon a showing that strict compliance with the provisions of this section would cause the applicant unnecessary hardship, the Bar may in its discretion waive or vary the application of such provisions and permit the applicant to furnish other evidence in lieu thereof.
(4) Time and Manner for Admission. If after such investigation as the Bar may deem appropriate, it concludes that the applicant possesses the qualifications required of all other applicants for admission to practice law in this jurisdiction, the applicant shall be licensed to practice law and enrolled as a member of the bar of this jurisdiction. WSBA shall promptly act upon any application filed under this rule.
(5) Rights and Obligations. Except as provided in this rule, attorneys licensed under this rule shall be entitled to all privileges, rights, and benefits will be subject to all duties, obligations, and responsibilities of active members of the bar of this jurisdiction, including all ethical, legal, and continuing legal education obligations.
(6) Discipline. Attorneys admitted under this rule shall be subject to the jurisdiction of the courts and agencies of this jurisdiction with respect to the laws and rules of this jurisdiction governing the conduct and discipline of attorneys, to the same extent as all other members of the bar of this jurisdiction.
(7) Fee Waiver. The requisite application fees charged by this jurisdiction will be waived for all applicants seeking admission under this rule.
(8) Termination. The license to practice law under this rule shall be limited by the earliest of the following events:
(A) The servicemember separates or retires from the United States Uniformed Services;
(B) The military spouse attorney ceases to be a dependent as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security);
(C) The servicemember is permanently transferred outside the jurisdiction pursuant to military orders, except that if the servicememeber has been assigned to an unaccompanied or remote assignment with no dependents authorized, the military spouse attorney may continue to practice pursuant to the provisions of this rule until the servicemember is assigned to a location with dependents authorized;
(D) The military spouse attorney permanently relocates to another jurisdiction for reasons other than the servicemember's permanent transfer outside of the jurisdiction;
(E) The military spouse attorney is admitted to the general practice of law in Washington State under any other rule;
(F) The military spouse attorney requests termination; or
(G) The military spouse attorney fails to meet annual licensing requirements for an active member of the State Bar.
In the event that any of the events listed in this paragraph occur, the attorney licensed under this rule shall notify WSBA of the event in writing within sixty (60) days of the date upon which the event occurs and upon such notification, the license shall be terminated. If the event occurs because the servicemember is deceased or disabled, the attorney shall notify WSBA within one hundred eighty (180) days of the date upon which the event occurs.
(9) Mandatory Disclosures. Each attorney admitted to practice under this rule shall report to WSBA, within thirty (30) days:
(A) Any change in bar membership status in any jurisdiction of the United States or in any foreign jurisdiction where the attorney has been admitted to the practice of law; or
(B) The imposition of any permanent or temporary professional disciplinary sanction by any federal or state court or agency.
(10) An attorney's authority to practice under this rule shall be suspended when the attorney is suspended or disbarred in any jurisdiction of the United States, or by any federal court or agency, or by any foreign nation before which the attorney has been admitted to practice.
(11) Record. WSBA shall maintain a record of all attorneys admitted under this rule.
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: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The spelling error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.