WSR 23-03-031
[January 5, 2023]
NO. 25700-A-1492
The Washington State Bar Association, having recommended the suggested amendments to General Rules (GR) 1, 12.4, and 24, 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 amendments as shown below are 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 2023.
(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, 2023. 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 5th day of January, 2023.
For the Court
Gonzalez, C.J.
Suggested Amendments
Rules 1, 12.4, 24
Submitted by the Washington State Bar Association
A. Name of Proponent:
Washington State Bar Association
Daniel D. Clark, President
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539
B. Spokesperson:
Robert W. Henry, Associate Director for Regulatory Services
Washington State Bar Association
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539 • 206-727-8227
C. Purpose:
The primary purposes of the suggested amendments to the General Rules (GR) are to update the classification of the rules of general application, formally adopt and remove temporary status of the Rules for Enforcement of Limited License Legal Technician Conduct (ELLLTC), and to update rule citations as needed due to prior rule amendments.
The suggested amendments were presented at the September 2022 WSBA Board of Governors meeting where the Board of Governors voted unanimously to approve the suggested amendments and to submit them to the Washington Supreme Court.
Formal Adoption of LLLT Disciplinary Procedural Rules
The Rules for Enforcement of Limited License Legal Technician Conduct (ELLLTC) were implemented as an interim solution until new disciplinary procedural rules could be drafted for either LLLTs only or all licensed legal professionals combined. The ELLLTC are not published on the Court's website as they are currently classified as a temporary solution. As there are now no plans to draft new disciplinary procedural rules for LLLTs to replace the ELLLTC, the ELLLTC should be formally adopted and published for clarity and transparency and to promote consistency with the other disciplinary procedural rules (i.e., ELC and ELPOC). See Attachment No. 1 for the Court's order approving the interim adoption of the ELLLTC.
GR 1 Part I: Listing New Bodies of Rules in Rules of General Application.
GR 1 provides the classification system for court rules. Part I of GR 1 lists the bodies of rules included in the Rules of General Application. The suggested amendments to GR 1 Part I, would add to the Rules of General Application, the following bodies of rules:
Limited Practice Officer Rules of Professional Conduct LPORPC
Limited License Legal Technician Rules of Professional Conduct LLLT RPC
Rules for Enforcement of Limited Practice Officer Conduct ELPOC
Rules for Enforcement of Limited License Legal Technician Conduct ELLLTC
Currently, these bodies of rules are under APR 12, in the cases of the LPORPC and ELPOC, or, under APR 28 in the case of the LLLT RPC. As discussed above, the Court is not publishing the ELLLTC.
Updating GR 12.4 and 24.
The remaining suggested amendments to the GR correct and update rule citations which are needed due to prior rule amendments.
D. Hearing: A hearing is not requested.
E. Expedited Consideration: Expedited consideration is not requested.
F. Supporting Material:
1. Order Approving Interim Adoption of ELLLTC, Dated January 17, 2016 [NOTE: This document could not be reproduced by Rules Committee Staff and is available upon request.]