title: Effect of Discipline

text: DRJ 10 EFFECT OF DISCIPLINE (a) Removal or Retirement. The office of a judge removed or retired by the Supreme Court becomes vacant when the Supreme Court decision is final. A judge may not perform any judicial duties thereafter. A judge who is removed or retired by the Supreme Court is no longer eligible for judicial office unless the eligibility of the person removed or retired is reinstated by the Supreme Court after review by the commission through application of CJCRP 28. (b) Suspension. The office of a judge suspended by the Supreme Court does not become vacant, but the judge may not perform any judicial duties during the period of suspension, except to the extent the decision of the Supreme Court provides otherwise. (c) Effect of Discipline on Salary. A decision imposing discipline other than removal or retirement will state the effect of the discipline upon the salary of the judge. Subject to the limitation in rule 9(c), the Supreme Court may diminish the salary of the judge based only on the prospective future decrease in the judge’s workload brought about by the discipline imposed by the Supreme Court. Comment Section (a). The constitution provides that a judicial office becomes vacant if a judge is removed or retired. Const. art. 4, subsection 31 (amend. 71). Section (b). If a judge is suspended from office, the implication is that the office is not vacant. This section makes this clear. The rule does not allow a judge to perform judicial duties while suspended, except as may be otherwise authorized by the Supreme Court. Section (c). The constitution requires the Supreme Court to specify the effect on the judge’s salary of discipline other than removal or retirement. The Supreme Court will not use its power to affect salary as a means of imposing a fine on the judge, which is not specifically authorized by the constitution. Statutes control the collateral effect on retirement benefits of a Supreme Court decision affecting payment of a judge's salary. [Adopted effective May 14, 1982; Amended effective December 10, 2013.]

citation: DRJ DRJ 10

rule_number: DRJ 10


doc_type: court-rule

jurisdiction: wa

title: Reinstatement of Eligibility to Hold Judicial Office

text: DRJ 11 REINSTATEMENT OF ELIGIBILITY TO HOLD JUDICIAL OFFICE (a) Petition Filed With Commission. A former judge who has been removed from office or retired by the Supreme Court may apply to the commission for reinstatement of eligibility to hold judicial office. (b) Commission Recommendation. The commission shall determine, under CJCRP 28, whether the applicant has made an affirmative showing that reinstatement will not be detrimental to the integrity and standing of the judiciary and the administration of justice, or be contrary to the public interest. The commission recommendation on the application shall be in writing. (c) Supreme Court Procedure. A decision recommending that a former judge should or should not be reinstated to eligibility to hold judicial office shall be processed under these rules in the same manner as a decision of the commission recommending the discipline or retirement of a judge. Comment Section (a). The constitution gives to the Supreme Court the authority to reinstate the eligibility of a removed or retired judge to hold judicial office. The constitution does not establish standards for reinstatement. This section provides that the commission will initially consider an application for reinstatement. Section (b). This section is modeled after rule 8.6(a) of the Discipline Rules for Attorneys. The Supreme Court has considered the question of attorney reinstatement several times. The standard set forth in the rule along with the developed case law will provide the commission and the Supreme Court with a basis for determining whether to reinstate a former judge’s eligibility. Section (c). Once a commission recommendation is filed with the Supreme Court, the procedure will be the same as in cases involving the discipline or retirement of a judge. [Adopted effective May 14, 1982; Amended effective December 10, 2013.]

license: public-domain-government-work

citation: DRJ DRJ 11

rule_set: DRJ

rule_number: DRJ 11


title: Stipulated Resolutions by Commission

text: DRJ 12 STIPULATED RESOLUTIONS BY COMMISSION (a) Generally. The commission may stipulate to a disposition of a case, with the agreement of the judge under CJCRP 23. If the stipulation requires the suspension, removal, or retirement of a judge, the Supreme Court must review and approve or reject the stipulation. (b) Effect of Stipulated Resolution. A stipulated agreement to admonish, reprimand, or censure a judge without a recommendation for suspension, removal, or retirement terminates the complaint or complaints which gave rise to the admonishment or reprimand, without the necessity of referring the matter to the Supreme Court. Comment Const. art. IV, subsection 31 (amend. 85) gives the commission the authority to impose discipline on judges. Only the Supreme Court can suspend, remove, or order a judge retired. The commission is only empowered to admonish, reprimand, or censure a judge. If more serious discipline is called for, the Supreme Court must impose the discipline. [Adopted effective May 14, 1982; Amended effective December 10, 2013.]

citation: DRJ DRJ 12

rule_number: DRJ 12


title: Substitute Panel

text: DRJ 13 SUBSTITUTE PANEL (a) Generally. If a justice of the Supreme Court is the subject of commission discipline or recommendation for retirement that is reviewed by the Supreme Court, a substitute panel of nine judges shall be selected as provided in this rule to serve as justices pro tempore to consider the commission decision. (b) Selection of Justices Pro Tempore. The presiding chief judge of the Court of Appeals shall be one member of the substitute panel and shall be the chief justice pro tempore unless the judge self-disqualifies or is otherwise disqualified by section (c). The clerk of the Supreme Court shall select the balance of the justices pro tempore by lot from all remaining active Court of Appeals judges. If there are fewer than nine judges of the Court of Appeals who are not disqualified, the panel shall be completed by the clerk by selecting by lot from the active superior court judges until a full panel of nine justices pro tempore has been selected. (c) Disqualification. A judge may self-disqualify without cause. No judge who has served as a master or a member of the commission in the particular proceeding or who is otherwise disqualified may serve on the substitute panel. No judge against whom a formal charge is pending before the commission shall serve on the panel. (d) Chief Justice Pro Tempore. If the presiding chief judge of the Court of Appeals is not a member of the substitute panel, the substitute panel shall select one of its members to serve as chief justice pro tempore. [Adopted effective May 14, 1982; Amended effective December 10, 2013; January 1, 2023.]

citation: DRJ DRJ 13

rule_number: DRJ 13


title: Supplemental Provisions

text: DRJ 14 SUPPLEMENTAL PROVISIONS (a) Service and Filing with the Court. Rule of Appellate Procedure 18.5 governs service, proof of service, and filing of papers under these rules. (b) Computation of Time. Rule of Appellate Procedure 18.6 applies to the computation of time under these rules. (c) Waiver of Rules and Sanctions for Violation of Rules. Rules of Appellate Procedure 18.8(a) and (d) and 18.9(a) are applicable to proceedings under these rules. (d) Applicability of RAP. Upon order of the Supreme Court, the Rules of Appellate Procedure may be made applicable to any part of the proceeding involving the discipline or retirement of a judge not governed by these rules. (e) Confidential and Privileged Communications. Confidential communication between a judicial officer and peer Counselors of the Judicial Assistance Committee of the Superior Court Judges’ Association or the District and Municipal Court Judges’ Association or the LAP (Lawyers Assistance Program of the Washington State Bar Association) shall be privileged against disclosure without the consent of the judicial officer to the same extent and subject to the same conditions as confidential communication between a client and psychologist. [Adopted effective May 14, 1982; Amended effective November 25, 2003.]

citation: DRJ DRJ 14

rule_number: DRJ 14


title: Preamble

text: BJAR PREAMBLE The power of the judiciary to make administrative policy governing its operations is an essential element of its constitutional status as an equal branch of government. [Adopted effective January 25, 2000; Amended effective December 3, 2019.]

citation: BJAR BJAR Preamble

rule_set: BJAR

rule_number: BJAR Preamble


title: Board for Judicial Administration

text: BJAR 1 BOARD FOR JUDICIAL ADMINISTRATION The Board for Judicial Administration (BJA) is established to provide leadership and develop policy to enhance the judiciary’s ability to serve as an equal, independent, and responsible branch of government. The vision of the BJA is to be the unified voice of the Washington State Courts. Judges serving on the BJA shall pursue the best interests of the judiciary at large. [Adopted effective December 8, 1986; Amended effective October 29, 1993; January 25, 2000; December 3, 2019.]

citation: BJAR BJAR 1

rule_number: BJAR 1


title: Composition

text: BJAR 2 COMPOSITION (a) Membership. The Board for Judicial Administration (BJA) shall consist of judges from all levels of court and other key stakeholders. The voting membership of the BJA shall consist of the Chief Justice and one other member of the Supreme Court, one from each division of the Court of Appeals, five members from the Superior Court Judges' Association, one of whom shall be the President, and five members from the District and Municipal Court Judges’ Association, one of whom shall be the President. The nonvoting membership shall include the Washington State Bar Association’s Executive Director and Board President, the Administrator for the Courts, the President-elect judge of the Superior Court Judges' Association, and the President-elect judge of the District and Municipal Court Judges’ Association. (b) Selection. Members shall be selected based on a process established by their respective associations or court level that considers demonstrated interest and commitment to judicial administration, improving the courts, racial and gender diversity and the court’s geographic and caseload differences. (c) Terms of Office. (1) Members serve four year terms, except the Chief Justice, the Association President Judges, the Washington State Bar Association’s President and Executive Director, and the Adminsitrator for the Court who shall serve during their tenure. (2) Members serving on the BJA shall be granted equivalent pro tempore time. [Adopted effective December 8, 1986; Amended effective October 29, 1993; February 16, 1995; January 25, 2000; June 3, 2010; July 4, 2017; December 3, 2019; May 2, 2023.]

citation: BJAR BJAR 2

rule_number: BJAR 2


title: Structure

text:
BJAR 3 STRUCTURE (a) Leadership. The Board for Judicial Administration shall be chaired by the Chief Justice of the Washington Supreme Court in conjunction with a Member Chair who shall be elected by the Board. The duties of the Chief Justice Chair and the Member Chair shall be clearly articulated in the bylaws. Meetings of the Board may be convened by either chair and held at least bimonthly. Any Board member may submit issues for the meeting agenda. (b) Committees. The Board shall appoint at least four standing committees: Policy and Planning, Budget and Funding, Education, and Legislative. Other committees may be convened to help facilitate the work of the Board as determined by the Board.

[Adopted effective January 25, 2000; Amended effective September 1, 2014; December 3, 2019.]

citation: BJAR BJAR 3

rule_number: BJAR 3


title: Staff

text: BJAR 4 STAFF Staff for the Board for Judicial Administration shall be provided by the Administrator for the Courts. [Adopted effective December 8. 1986; Renumbered from 3 to 5 effective January 25, 2000; December 3, 2019.]

citation: BJAR BJAR 4

rule_number: BJAR 4


title: Bylaws

text: BJAR 5 BYLAWS The Board may, by a majority vote of the voting members, develop, adopt, and amend bylaws for its operations that don’t conflict with these rules. [Adopted effective December 3, 2019.]

citation: BJAR BJAR 5

rule_number: BJAR 5


title: In General; Supreme Court; Prerequisites to the Practice of Law; Communications to the Bar; Confidentiality; Definitions

text:
APR 1 IN GENERAL; SUPREME COURT; PREREQUISITES TO THE PRACTICE OF LAW; COMMUNICATIONS TO THE BAR; CONFIDENTIALITY; DEFINITIONS (a) Supreme Court. The Supreme Court of Washington has the exclusive responsibility and the inherent power to establish the qualifications for admission to practice law, and to admit and license persons to practice law in this state. Any person carrying out the functions set forth in these rules is acting under the authority and at the direction of the Supreme Court. (b) Prerequisites to the Practice of Law. Except as may be otherwise provided in these rules, a person shall not appear as an attorney or counsel in any of the courts of the State of Washington, or practice law in this state, unless that person has passed an examination for admission, has complied with the other requirements of these rules, and is an active member of the Washington State Bar Association (referred to in these rules as the Bar). A person shall be admitted to the practice of law and become an active member of the Bar only by order of the Supreme Court. (c) Communications to the Association. Communications to the Bar, the Board of Governors, or any individual person, board, committee or other entity administered by the Bar or acting under authority of these rules, are absolutely privileged, and no lawsuit may be predicated thereon. (d) Confidentiality. (1) Unless expressly authorized by the Supreme Court or by the applicant, all application records, including related investigation files, documents, and proceedings for admission or for a license to practice law or for enrollment in the law clerk program are confidential and shall be privileged against disclosure, except as necessary to conduct an investigation, hearing, and appeal or review pursuant to these rules. (2) Unless expressly authorized by the Supreme Court, all examination questions, scoring keys, and other examination data used by the Bar to administer any examinations for admission or licensing are not subject to public disclosure. (3) Unless expressly authorized by the Supreme Court, the following records of the Board of Bar Examiners, Mandatory Continuing Legal Education Board, Limited Practice Board, Limited License Legal Technician Board, Law Clerk Board, Character and Fitness Board, and the Client Protection Fund Board are confidential and shall not be disclosed: (A) Preliminary drafts, notes, recommendations, and intra-Board memorandums in which opinions are expressed or policies formulated or recommended; (B) Records that are relevant to a controversy to which the Board is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts. (4) Motions for permission to practice law under APR 8(b) are not confidential and may be disclosed pursuant to a proper request. (e) Definitions. The following definitions apply throughout these Admission and Practice Rules except where otherwise stated: (1) “Active legal experience.” (A) When used to describe a requirement for admission or licensure as, or otherwise regarding, a lawyer means experience in the active practice of law as a lawyer, including practice

as a pro bono status lawyer licensed under APR 3(g), or as a teacher at an approved law school, or as a judge of a court of general or appellate jurisdiction or any combination thereof, in a state or territory of the United States or in the District of Columbia or in any jurisdiction where the common law of England is the basis of its jurisprudence; (B) when used to describe a requirement for licensing as, or otherwise regarding, an LLLT, means active experience practicing law as an LLLT, including practice as a pro bono status LLLT licensed under APR 3(g); (C) when used to describe a requirement for licensing as, or otherwise regarding, an LPO means active experience practicing law as an LPO, including as a pro bono status LPO licensed under APR 3(g). (2) “Bar” means the Washington State Bar Association, including Bar staff. (3) “Bar counsel” means a staff lawyer employed by the Bar. (4) “Board of Governors” means the Board of Governors of the Washington State Bar. (5) “LLLT” means limited license legal technician. (6) “LPO” means limited practice officer. (7) “Member” means a person who is identified as belonging to a group identified as members by the Bar’s Bylaws. (8) “Qualified legal services provider” means a not for profit legal services organization in Washington State whose primary purpose is to provide legal services to low income clients. (9) “Supreme Court” means the Supreme Court of Washington. [Adopted effective February 12, 1965; Amended effective September 1, 1984; September 1, 1999; September 1, 2005; September 1, 2006; January 2, 2008; January 13, 2009; January 1, 2014; September 1, 2017; October 7, 2020; June 27. 2023.]

citation: APR APR 1

rule_set: APR

rule_number: APR 1


title: Board of Governors

text: APR 2 BOARD OF GOVERNORS (a) Powers. In addition to any other power or authority in other rules, the Board of Governors shall have the power and authority to: (1) Appoint a Board of Bar Examiners from among the active and judicial members of the Bar for the purposes of assisting the Bar grading examinations for admission or licensing and in writing and maintaining the Washington Law Component; (2) Appoint a Law Clerk Board from among the active and judicial members of the Bar for the purposes of assisting the Bar in supervising the Law Clerk Program; (3) Appoint a Character and Fitness Board pursuant to rule 23; (4) Except as otherwise stated in these Admission and Practice Rules, provide for the administration by the Bar of all aspects of: (A) developing the form and content, receiving, reviewing, investigating, and approving or denying applications for admission and licensing examinations, participating in programs administered by the Bar, being admitted or licensed to practice law, or changing membership status with the Bar, and any other certificate or document referred to in these Admission and Practice Rules and (B) recommending to the Supreme Court the approval or denial of applicants for admission or licensure to practice law. (5) Approve law schools for the purposes of these rules and maintain a list of such approved law schools; (6) Prescribe, subject to review by the Supreme Court, the amount of any fees required by these rules; and (7) 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. Any request to the Board of Governors for action on any subject under these rules shall be in writing and shall be properly filed. For the purpose of these rules, filing shall occur at the headquarters office of the Bar. [Adopted effective February 12, 1965; Amended effective July 9, 1965; May 9, 1967; August 1, 1968; September 27, 1968; March 10, 1971; January 1, 1974; May 1, 1978; November 2, 1978; September 1, 1984; June 2, 1998; September 1, 2005; September 1, 2006; January 13, 2009; January 1, 2014; September 1, 2017; June 27, 2023.]

citation: APR APR 2

rule_number: APR 2


title: Applicants for Admission to Practice Law

text:
APR 3 APPLICANTS FOR ADMISSION TO PRACTICE LAW (a) Prerequisite for Admission. Every person desiring to be admitted to the Bar and the practice of law in Washington must be of good moral character and possess the requisite fitness to practice law, and must qualify for and pass an examination except as provided for in these rules. (b) Qualification for Lawyer Bar Examination. To qualify to sit for the lawyer bar examination, a person must not be eligible for admission by motion or Uniform Bar Examination (UBE) score transfer and must present satisfactory proof of: (1) graduation with a Juris Doctor (JD) degree from a law school approved by the Board of Governors; or (2) completion of the law clerk program prescribed by these rules; or (3) graduation from a university or law school in any jurisdiction where the common law of England is the basis for its jurisprudence with a degree in law that would qualify the applicant to practice law in that jurisdiction and admission to the practice of law in that same or other jurisdiction where common law of England is the basis of its jurisprudence, together with current good standing and active legal experience for at least three of the five years immediately preceding the filing of the application; or (4)(A) graduation with a Master of Laws (LL.M.) degree for the practice of law as defined below and either: (i) graduation with a JD degree from a United States law school not approved by the Board of Governors, or (ii) graduation from a university or law school in a jurisdiction outside the United States, with a degree in law that would qualify the applicant to practice law as a lawyer or the equivalent in that jurisdiction. (B) “LL.M. degree for the practice of law” means an LL.M. program at a law school approved by the Board of Governors that consists of a minimum of 18,200 minutes of total instruction to include at least 12,000 minutes of instruction on principles of domestic United States law, which must include: (i) a minimum of 2,080 minutes in United States Constitutional Law, including principles of separation of powers and federalism; (ii) a minimum of 2,080 minutes in the civil procedure of state and federal courts in the United States; (iii) a minimum of 1,400 minutes in the history, goals, structure, values, rules, and responsibilities of the United States legal profession and its members; and (iv) a minimum of 1,400 minutes in legal analysis and reasoning, legal research, problem solving, and oral and written communication. Applicants who graduated with an LL.M. degree from a law school approved by the Board of Governors but whose degree program did not include completion of the total instruction required for the LL.M. degree for the practice of law as set forth in this subsection may qualify to sit for the lawyer bar examination by providing satisfactory proof that they have completed supplemental coursework at one or more law schools approved by the Board of Governors

sufficient to satisfy the total required instruction as set forth above. (c) Lawyer Admission by Motion. (1) Lawyers admitted to practice law in other states or territories of the United States or the District of Columbia are not required to sit for the lawyer bar examination if they: (A) file a certificate from that jurisdiction certifying the lawyer’s admission to practice, and the date thereof, and current good standing or the equivalent; and (B) present satisfactory proof of active legal experience for at least one of the three years immediately preceding the filing of the application. (2) Military Spouse Admission by Motion. A lawyer admitted to practice law in another state or territory of the United States or the District of Columbia who is the spouse of an active duty service member of the United States Uniformed Services, as defined by the United States Department of Defense, is not required to sit for the lawyer bar examination if the applicant meets the following requirements: (A) the applicant’s spouse is stationed in Washington or will be stationed in Washington within six months of filing the application, and the applicant resides or will reside in Washington as the spouse of that member of the United States Uniformed Services within six months of filing the application; (B) the applicant files a certificate from each jurisdiction in which the applicant is admitted certifying the applicant’s admission to practice and the date thereof, and current good standing or the equivalent; and (C) the applicant has no lawyer disciplinary sanctions or pending lawyer disciplinary or incapacity matters in any jurisdiction in which the applicant has been admitted. (d) Lawyer Admission by UBE Score Transfer. Persons with a UBE score earned in another state or territory of the United States or the District of Columbia are not required to sit for the lawyer bar examination in Washington if they: (1) file a transcript demonstrating that the applicant received a UBE score that is equal to or higher than the score required to pass the UBE in Washington, and it has been not more than 40 months since the date of the administration of the UBE in which the score was earned; and (2) file a transcript demonstrating that the applicant received a Multistate Professional Responsibility Examination (MPRE) score equal to or higher than the score required to pass the MPRE in Washington, and the score was received no earlier than three years prior to and no later than 40 months after the date of the administration of the UBE in which the applicant received the UBE score. (e) Qualification for Limited License Legal Technician (LLLT) examination. To qualify to sit for the LLLT examination, a person must; (1) be at least 18 years of age and (2) have the following education, unless waived through regulation: (A) an associate level degree or higher; (B) 45 credit hours of core curriculum instruction in paralegal studies pursuant to APR 28 Regulation 3 with instruction to occur at an American Bar Association (ABA) approved law

school, an educational institution with an ABA approved paralegal education program, or an educational institution with an LLLT core curriculum program approved by the LLLT Board; and (C) in each practice area in which an applicant seeks licensure, instruction in the approved practice area based on a curriculum developed by or in conjunction with an ABA approved law school, covering the key concepts or topics and the number of credit hours of instruction required for licensure in that practice area, as determined by the LLLT Board. (f) Qualification for Limited Practice Officer (LPO) Examination. To qualify to sit for the LPO examination, a person must be at least 18 years of age. (g) Pro Bono Admission. A lawyer, LLLT, or LPO admitted to practice law in Washington State may apply for pro bono status when the lawyer, LLLT, or LPO is inactive or otherwise fully retired from the practice of law. A pro bono status lawyer, LLLT, or LPO shall provide legal services in Washington State only for a qualified legal service provider as defined in these rules. (1) To apply, the lawyer, LLLT, or LPO shall: (A) file an application in such form and manner as prescribed by the Bar; (B) file a certification from one or more qualified legal services provider(s) that the applicant’s practice of law will comply with the terms of this rule; (C) comply with training requirements prescribed by the Bar; and (D) furnish whatever additional information or proof that may be required in the course of investigating the applicant. (2) Upon approval of the application by the Bar, the lawyer, LLLT, or LPO shall pay the current year's annual license fee in the amount required of inactive lawyers, LLLTs, or LPOs, whichever is the applicable license type. This fee shall be waived if the pro bono status lawyer, LLLT, or LPO provided at least 30 hours of pro bono service through a qualified legal service provider in the previous calendar year. Pro bono status lawyers, LLLTs, or LPOs are subject to annual license renewal as provided by the Board of Governors. (3) Upon admission under this section, the practice of law by a lawyer, LLLT, or LPO shall be limited to: (A) providing legal service for no fee through a qualified legal services provider; or (B) serving as an unpaid governing or advisory board member or trustee of or providing legal counsel or service for no fee to a qualified legal services provider. The prohibition against compensation for pro bono status lawyers, LLLTs, or LPOs shall not prevent a qualified legal services provider from reimbursing a pro bono status lawyer, LLLT, or LPO for actual expenses incurred while rendering legal services under this rule. A qualified legal services provider shall be entitled to receive all court awarded attorney fees for any representation rendered by the pro bono status lawyer, LLLT, or LPO. (4) Pro bono status lawyers, LLLTs, or LPOs shall pay to the Bar an annual license fee in the amount required of inactive lawyers, LLLTs, or LPOs, whichever is the applicable license type. This fee shall be waived if the pro bono status lawyer, LLLT, or LPO provided at least 30 hours of pro bono service through a qualified legal service provider in the previous calendar year.

(5) The practice of a lawyer, LLLT, or LPO admitted under this section shall be subject to the applicable Rules of Professional Conduct, disciplinary rules, and to all other laws and rules governing lawyers, LLLTs, or LPOs admitted to the Bar. (6) Pro bono lawyers, LLLTs, or LPOs shall be exempt from compliance with APR 11 concerning mandatory continuing legal education. (7) Pro bono admission shall be automatically terminated and converted to inactive status when the lawyer, LLLT, or LPO fails to comply with the terms of this rule. (h) Withholding Approval or Permission to Take Examinations. The Bar may, in its discretion, withhold approval of an application or withhold permission to take an examination for an otherwise qualified applicant, until the applicant establishes that all requirements have been met or until completion of an inquiry into the applicant’s character and fitness. (i) Applications; Fees; Filing. (1) Every applicant for admission shall: (A) Execute and file an application, in the form and manner and within the time limits that may be prescribed by the Bar; (B) Pay upon the filing of the application such fees as may be set by the Board of Governors subject to approval by the Supreme Court; and (C) Furnish whatever additional information or proof may be required in the course of investigating the applicant’s qualification for admission or licensure, and investigating the applicant’s good moral character and fitness pursuant to APR 20-25.6. (2) Refunds of any application fees shall be handled according to policies established by the Bar. (3) Transfers of applicants from administration of one examination to administration of another examination shall be handled according to policies established by the Bar. [Adopted effective February 12, 1965; Amended effective August 1, 1968; September 27, 1968; March 10, 1971; July 1, 1976; September 1, 1984; May 10, 1990; September 1, 1992; October 1, 2002; September 1, 2005; September 1, 2006; January 1, 2014; September 1, 2017; September 1, 2019; September 10, 2020; October 7, 2020; June 27, 2023; September 1, 2025.]

citation: APR APR 3

rule_number: APR 3


title: Examinations for Admission; Notification of Results

text:
APR 4 EXAMINATIONS FOR ADMISSION; NOTIFICATION OF RESULTS (a) Examinations. Examinations for admission to practice law shall be conducted by and under the direction of the Bar. Examinations shall be held at such times and places as the Bar may designate. (b) Notification of Results. As soon as practicable after the completion of an examination, applicants will be notified of the results. The Bar may disclose publicly the names of those applicants who have passed an examination, but not the names of those who failed an examination unless authorized by the applicant or these rules. There shall be no appeal or review of examination results. (c) Repeating Examinations. There is no limitation on the number of times an unsuccessful lawyer or LPO applicant may apply for and take subsequent administrations of an examination for admission. An LLLT applicant may repeat the examination for admission without limitation on the number of times until the final administration of the LLLT examination after which no examination will be administered. (d) Lawyer Bar Examination. Unless otherwise provided by these rules, applicants for admission to practice as a lawyer must take and pass the National Conference of Bar Examiners’ (NCBE) Uniform Bar Examination (UBE) and Multistate Professional Responsibility Examination (MPRE). (1) Washington’s minimum passing score for the legacy UBE is 260; the minimum passing score for the NextGen UBE is 610. (2) Washington’s MPRE minimum passing score is 85, which must be earned no earlier than three years prior to and no later than 40 months after the date of the administration of the UBE in which the applicant received the minimum passing score. (3) The Bar may disclose the results of the lawyer bar examination to an applicant's law school and the NCBE. (e) LLLT Examination. Unless otherwise stated in these rules, all applicants for admission to practice law in Washington as an LLLT must take and pass an LLLT practice area examination and the LLLT professional responsibility examination. (1) The practice area examination will test applicants on one specific practice area and knowledge of LLLT scope of practice specific to that practice area. (A) Each practice area examination shall be comprised of three parts: a multiple choice section, an essay section, and a performance section. (B) The duration, form, and manner of the exam shall be as prescribed by the LLLT Board. (C) The minimum passing standard for the practice area examination is a score of 75 percent for each section of the examination. A failing grade in one section shall result in failure of the examination, in which case grading of any remaining sections shall not be required. (D) An applicant who fails the practice area examination may request a copy of their essay and performance sections if graded. An applicant who passes the practice area examination will not receive a copy of the examination. (2) The LLLT professional responsibility examination will test applicants on their knowledge of the LLLT Rules of Professional Conduct.

(A) The professional responsibility examination shall be comprised of one multiple choice section. (B) The minimum passing standard for the professional responsibility examination is a score of 75 percent. (C) The professional responsibility examination must be passed no earlier than 18 months and no later than 40 months from the date of the administration of the practice area examination in which the applicant receives a passing score. (f) LPO Examination. All applicants for admission to practice law in Washington as an LPO must take and pass the LPO examination, which shall test applicants on the legal knowledge and skills required for LPO practice, as well as the permissible scope of practice for an LPO and the LPO RPCs. There is not a separate professional responsibility examination. (1) The LPO examination consists of three parts: a multiple choice examination, an essay examination, and a performance examination. (2) The minimum passing standard for the examination is 75 percent for each section, and applicants must pass all three sections. A failing grade in one section shall result in failure of the examination, in which case grading of any remaining sections shall not be required. (3) Those applicants who fail the examination will be informed of their score on each graded section of the examination. (4) Copies of the examination shall not be available to any applicant. [Adopted effective February 12, 1965; Amended effective July 1, 1974; September 1, 1984; December 24, 2002; January 13, 2009; January 1, 2014; September 1, 2017; September 1, 2021; April 2, 2024; September 1, 2025; December 17, 2025.]

citation: APR APR 4

rule_number: APR 4


title: Preadmission Requirements; Oath: Recommendation for Admission; Order Admitting to Practice Law

text:
APR 5 PREADMISSION REQUIREMENTS; OATH; RECOMMENDATION FOR ADMISSION; ORDER ADMITTING TO PRACTICE LAW (a) Preadmission Requirements. Before an applicant who has passed an examination for admission, or who qualifies for admission without passing an examination, may be admitted, the applicant must: (1) pay to the Bar the annual license fee and any mandatory assessments ordered by the Supreme Court for the current year; (2) file any and all licensing forms required of active lawyers, limited license legal technicians (LLLTs), or limited practice officers (LPOs); and (3) take the Oath of Attorney, the Oath of LPOs, or the Oath of LLLTs. (b) Lawyer applicants. In addition to the requirements in subsection (a) above, lawyer applicants must: (1) take and pass the Washington Law Component (WLC). The duration, form, and manner of the WLC shall be as prescribed by the Bar. The WLC minimum pass score is 80 percent; and (2) complete a minimum of 4 hours of education in a curriculum and under circumstances approved by the Bar. (c) LLLT Applicants. In addition to the requirements in subsection (a) above, LLLT applicants must: (1) demonstrate financial responsibility pursuant to APR 28(I); and (2) demonstrate completion of 1,500 hours of substantive law-related work experience pursuant to APR 28 Regulation 9; and (3) present proof of passing an LLLT Board approved paralegal examination. (d) LPO Applicants. In addition to the requirements in subsection (a) above, LPO applicants must demonstrate financial responsibility pursuant to APR 12(f). (e) Expiration of Preadmission Requirements. The preadmission requirements must be completed: (1) within 40 months from the date of the administration of the examination for lawyer applicants; (2) by July 31, 2023, for LLLT applicants; (3) within 12 months from the date of the administration of the examination for LPO applicants; (4) within 12 months from the date of filing the application for lawyer applicants who apply by motion or Uniform Bar Examination (UBE) score transfer, except for good cause shown.

(f) Oath of Attorney, Limited Practice Officer, and Limited License Legal Technician. The Oath of Attorney, Limited Practice Officer, and Limited License Legal Technician must be taken in person, by telephone, or by videoconference before an elected or appointed judge, excluding judges pro tempore, sitting in the state of Washington. An oath administered remotely is deemed administered in the courthouse where the judge sits, regardless of where the judge or applicant are located. In the event a successful applicant is outside the state of Washington and the Chief Justice is satisfied that it is impossible or impractical for the applicant to take the oath before an elected or appointed judge in this state, the Chief Justice may, upon proper application setting forth all the circumstances, designate a person authorized by law to administer oaths, before whom the applicant may appear and take said oath. (g) Contents of Oath of Attorney. The oath which all applicants shall take is as follows: OATH OF ATTORNEY State of Washington, County of __________________ ss. I, __________________________, do solemnly declare: 1. I am fully subject to the laws of the State of Washington and the laws of the United States and will abide by the same. 2. I will support the constitution of the State of Washington and the constitution of the United States. 3. I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington. 4. I will maintain the respect due to the courts of justice and judicial officers. 5. I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense except as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a public offense. I will employ for the purpose of maintaining the causes confided to me only those means consistent with truth and honor. I will never seek to mislead the judge or jury by any artifice or false statement. 6. I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with the business of my client unless this compensation is from or with the knowledge and approval of the client or with the approval of the court. 7. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged. 8. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person. __________________________________________ (signature) Subscribed and sworn to before me this ______ day of _______________, _________. __________________________________________ Judge

(h) Oath for Limited Practice Officers—Contents of Oath. OATH FOR LIMITED PRACTICE OFFICERS STATE OF WASHINGTON COUNTY OF ___________________ I, __________________________, do solemnly declare: 1. I am fully subject to the laws of the State of Washington and Rule 12 of the Admission and Practice Rules and APR 12 Regulations adopted by the Washington State Supreme Court and will abide by the same. 2. I will support the constitutions of the state of Washington and of the United States of America. 3. I will abide by the Limited Practice Officer Rules of Professional Conduct and Rules for Enforcement of Limited Practice Officer Conduct approved by the Supreme Court of the State of Washington. 4. I will confine my activities as a Limited Practice Officer to those activities allowed by law, rule, and regulation and will only utilize documents approved pursuant to APR 12. 5. I will faithfully disclose the limitations of my services, that I am not able to act as the advocate or representative of any party, that documents prepared will affect legal rights of the parties, that the parties' interests in the documents may differ, that the parties have a right to be represented by a lawyer of their own selection, and that I cannot give legal advice regarding the manner in which the documents affect the parties. I understand that I may incur personal liability if I violate the applicable standard of care of a Limited Practice Officer. Also, I understand that I have authority to act as a Limited Practice Officer only during the times that my financial responsibility coverage is in effect. If I am covered under my employer's errors and omissions insurance policy or by my employer's certificate of financial responsibility, my coverage is limited to services performed in the course of my employment. __________________________________________ Signature Subscribed and sworn to before me this ______ day of _______________, _________. __________________________________________ JUDGE (i) Contents of Oath of Limited License Legal Technician. The oath that all applicants shall take is as follows: OATH OF LIMITED LICENSE LEGAL TECHNICIAN STATE OF WASHINGTON COUNTY OF ___________________ I, __________________________, do solemnly declare: 1. I am fully subject to the laws of the State of Washington, the laws of the United States, Rule 28 of the Admission and Practice Rules, and APR 28 Regulations adopted by the Washington State Supreme Court and will abide by the same;

2. I will support the constitutions of the State of Washington and of the United States of America; 3. I will abide by the Limited License Legal Technician Rules of Professional Conduct approved by the Supreme Court of the state of Washington; 4. I will confine my activities as a Limited License Legal Technician to those activities allowed by law, rule, and regulation and will only utilize documents approved pursuant to APR 28; 5. I will faithfully disclose the limitations of my services and that I am not a lawyer; 6. I will maintain the confidence and preserve inviolate the secrets of my client and will accept no compensation in connection with the business of my client unless this compensation is from or with the knowledge and approval of the client or with the approval of the court; 7. I will abstain from all offensive personalities and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged; 8. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any person. Signature Subscribed and sworn to before me this ______ day of _______________, _________. Judge (j) Recommendation for Admission. The Bar shall recommend to the Supreme Court the admission or rejection of each applicant who has passed an examination for admission or who qualifies for and has been approved for admission without passing an examination, and who has complied with the preadmission requirements set forth in this rule. A recommendation for admission shall be based upon the Bar’s determination, after investigation, that the applicant has met all the requirements for admission and appears to be of good moral character and fit to engage in the practice of law. All recommendations of the Bar shall be accompanied by the applicant's application for admission and any other documents deemed pertinent by the Bar or requested by the Supreme Court. The recommendation and all accompanying documents shall be kept by the Clerk of the Supreme Court in a record which shall not be a public record. (k) Order Admitting to Practice. After examining the recommendation and accompanying documentation transmitted by the Bar, the Supreme Court may enter such order in each case as it deems advisable. For those applicants it deems qualified, the Supreme Court shall enter an order admitting them to the practice of law. (l) Nonresident Lawyers, LLLTs or LPOs. There shall be no requirement that an applicant, lawyer, LLLT, or LPO be a resident in the state of Washington. [Adopted effective February 12, 1965; Amended effective July 9, 1965; March 10, 1971; April 26, 1974; May 14, 1982; September 1, 1984; October 11, 1985; June 25, 2002; June 1, 2006; January 8, 2013; January 1, 2014; September 1, 2017; October 6, 2020; September 1, 2021; June 28, 2022; June 27, 2023; June 24, 2025; September 1, 2025.]

citation: APR APR 5

rule_number: APR 5


title: Law Clerk Program

text:
APR 6 LAW CLERK PROGRAM (a) Purpose. The Law Clerk Program provides access to legal education guided by a qualified tutor using an apprenticeship model that includes theoretical, experiential, and clinical components. Successful completion of the Law Clerk Program provides a way to meet the education requirement to apply for the lawyer bar examination in Washington; it is not a special admission or limited license to practice law. (b) Application. Every applicant for enrollment in the law clerk program shall: (1) Be of good moral character and fitness, as defined in APR 20; (2) Present satisfactory proof of having been granted a bachelors degree by a college or university with approved accreditation; if the degree was earned in a non-United States jurisdiction, the applicant shall provide supporting documentation as to its equivalency; (3) Be engaged in regular, full-time employment in Washington State for an average of 32 hours per week with the primary tutor or primary tutor’s employer in a (i) law office, (ii) legal department, or (iii) court of general, limited, or appellate jurisdiction in Washington State. The employment must include tasks and duties which contribute to the practical aspects of engaging in the practice of law; (4) Submit in such form and manner as prescribed by the Bar (i) an application for enrollment in the program, (ii) the tutor’s application, and (iii) an application fee; (5) Appear for an interview, provide any additional information or proof, and cooperate in any investigation, as may be deemed relevant by the Bar; and (6) If applicable, present a petition for Advanced Standing based on law school courses completed or courses completed in this program during a previous enrollment. The Bar may grant Advanced Standing to an applicant approved for enrollment for courses deemed recently and successfully passed and equivalent to courses in the program. (7) Where the Bar is satisfied that a primary tutor has arranged a relationship with the applicant’s full-time employer consistent with the purposes of the Program, the requirement that the primary tutor, or the primary tutor’s employer, be the law clerk’s employer may be waived. (8) Where the Bar is satisfied that the applicant has employment with a tutor whose practice has substantial contacts with Washington state, the requirement that the full-time employment be in Washington state may be waived. (c) Tutors. To be eligible to act as a tutor in the law clerk program, a lawyer or judicial member as defined in the Washington State Bar Association Bylaws, shall: (1) Act as a tutor for only one law clerk at a time; (2) Be an active member in good standing of the Bar, or be a judicial member of the Bar, who has not received a disciplinary sanction in the last 5 years, provided that if there is a discipline pending or a disciplinary sanction has been imposed upon the member more than 5 years preceding the law clerk’s application for enrollment, the Bar shall have the discretion to accept or reject the member as tutor; (3) Have active legal experience in the practice of law as defined by APR 1 or have held the required judicial position for at least 10 of the last 12 years immediately preceding the filing of the law clerks application for enrollment. The 10 years of practice must include at least 2

years in Washington state and may be a combination of active practice and judicial experience but may not include periods of suspension for any reason; (4) Certify to the applicant’s employment as required above and to the tutor’s eligibility, and agree to instruct and examine the applicant as prescribed under this rule; and (5) Act as a tutor only upon the approval of the Bar which may be withheld or withdrawn for any reason. (d) Enrollment. When an application for enrollment has been approved by the Bar, an enrolled law clerk shall: (1) Pay an annual fee as set by the Board of Governors. (2) Meet the minimum monthly requirements of an average of 32 hours per week of employment with the tutor which may include in-office study time and must include an average of 3 hours per week for the tutor’s personal supervision of the law clerk. “Personal supervision” is defined as time actually spent with the law clerk for the exposition and discussion of the law, the recitation of cases, and the critical analysis of the law clerk’s written assignments. (3) Complete the prescribed course of study which shall be the equivalent of 4 years of study. Each year of study shall consist of 6 courses completed in 12 months. Months of leave, failed courses, and months in which the enrollee does not meet the minimum number of hours of work and study may not be counted toward the completion of a course and may extend the length of a year of study. Advanced Standing granted may reduce the months of program study. The course of study must be completed within 6 years from the initial date of enrollment. (4) Abide by APR 6 and the Law Clerk Program Regulations approved by the Board of Governors which provide the course of study, program requirements, and other guidelines to successfully complete the program. (e) Course of Study. The subjects to be studied, the sequence in which they are to be studied, and any other requirement to successfully complete the program shall be as prescribed in the Law Clerk Program Regulations. Progress toward completion of the program shall be evaluated by submission of examinations, certificates, reports and evaluations as follows: (1) Examinations. At the end of each month, the law clerk shall complete a written examination prepared, administered, and graded by the tutor. The examination shall be answered without research, assistance, or reference to source materials during the examination. The examination shall be graded pass/fail. (2) Certificates. Within 10 days following the month of study, the tutor shall submit the examination, including the grade given for the examination and comments to the law clerk, and a monthly certificate, stating the law clerk’s hours engaged in employment, study, and the tutor’s personal supervision. If an examination is not given, the monthly certficate shall be submitted stating the reason. (3) Book Reports. The law clerk shall submit three book reports for the Jurisprudence course requirement corresponding to each year of study. (4) Evaluations. At intervals deemed necessary, the law clerk shall participate with the tutor in an evaluation of the law clerk’s progress. (f) Completion of the program. A law clerk shall be deemed to have successfully completed the program when:

(1) All required courses have been completed and passed as certified each month by the tutor, and all book reports have been submitted; (2) The tutor has certified that the law clerk, in the tutor’s opinion, is qualified to take the lawyer bar examination and is competent to practice law; and (3) The Bar has certified that all program requirements are completed. (g) Termination. The Bar may direct a law clerk to change tutors if approval of a tutor is withdrawn. The Bar may terminate a law clerk’s enrollment in the program for: (1) Failure to complete the prescribed course of study within 6 years from the date of enrollment; (2) Failure of the tutor to timely submit the monthly examinations and certificates; (3) Failure to comply with any of the requirements of the law clerk program; and (4) Any other grounds deemed pertinent. (h) Effective Date. Revision of this rule shall not apply retroactively. A law clerk may complete the program under the version of the rule in effect at the start of enrollment. (i) Confidentiality. Unless expressly authorized by the Supreme Court, the program applicant, or a current or former law clerk, enrollment and related records, documents, and proceedings are confidential and shall be privileged against disclosure. [Adopted effective February 12, 1965; Amended effective September 1, 1984; March 6, 1992; September 1, 1994; June 2, 1998; April 1, 2003; January 13, 2009; January 1, 2014; September 1, 2017; September 1, 2022.]

citation: APR APR 6

rule_number: APR 6


title: Reserved

text: APR 7 [RESERVED] [Adopted effective February 12, 1965; Amended effective January 1, 1974; July 1, 1975; July 1, 1977; September 1, 1984; September 1, 2006; January 1, 2014; September 1, 2017.]

citation: APR APR 7

rule_number: APR 7


title: Nonmember Lawyer Licenses to Practice Law

text:
APR 8 NONMEMBER LAWYER LICENSES TO PRACTICE LAW (a) In General. Lawyers admitted to the practice of law in any state or territory of the United States or the District of Columbia or in any foreign jurisdiction, who do not meet the qualifications stated in APR 3, may engage in the limited practice of law in this state as provided in this rule. Lawyers permitted or licensed to practice law under this rule are not members of the Bar. (b) Exception for Particular Action or Proceeding. A lawyer member who is not admitted in Washington State but who is 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 and

(i) with the permission of the court or tribunal in which the action or proceeding is pending,

(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 Region 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) An application to appear as such a lawyer shall be made by written motion to the court or tribunal before whom the action or proceeding is pending, in a form approved by the Bar, which shall include certification by the lawyer seeking permission under this rule and the associated Washington lawyer that the requirements of this rule have been complied with, and shall state the date on which the fee and any mandatory assessment required in part (2) were paid, or state that the fee and assessment were waived pursuant to part (2). The motion shall be heard by the court or tribunal after such notice to the Bar and payment of fees and assessments as required in part (2) below, unless waived pursuant to part (2), and to adverse parties as the court or tribunal shall direct. Payment of the required fee and assessment shall be necessary only upon a lawyer's first application to any court or tribunal in the same case. The court or tribunal shall enter an order granting or refusing the motion, and, if the motion is refused, the court or tribunal shall state its reasons. by

(2) The lawyer making the motion shall submit a copy of the motion to the Bar accompanied

(A) a nonrefundable fee in each case in an amount equal to the license fee required of active lawyer members of the Bar, and (B) the Client Protection Fund assessment as required of active lawyer members of the Bar. (3) Payment of the fee and assessment shall be necessary only 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 Region Legal 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) The Bar shall maintain a public record of all motions for permission to practice pursuant to this rule. (5) No member of the Bar shall lend their name for the purpose of, or in any way assist in, avoiding the effect of this rule. (6) Exception for Indian Child Welfare Cases. A 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 may appear as a lawyer in an action or proceeding, and shall not be required to comply with the association of counsel and fee and assessment requirements of subsection (b) of this rule, if the applicant establishes to the satisfaction of the Court that: (A) The applicant seeks to appear in a Washington court for the limited purpose of participating in a "child custody proceeding" as defined by RCW 13.38.040, pursuant to the Washington State Indian Child Welfare Act, ch.13.38 RCW, or by 25 U.S.C. § 1903, pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901et seq.; (B) The applicant represents an "Indian tribe" as defined by RCW 13.38.040 or 25 U.S.C. § 1903; (C) The Indian child's tribe has executed an affidavit asserting the tribe's intent to intervene and participate in the state court proceeding and affirming that under tribal law (i) the child is a member or (ii) the child is eligible for membership and the biological parent of the child is a member; and (D) The applicant has provided, or will provide within (7) days of appearing on the case, written notice to the Washington State Bar of their appearance in the case. Such written notice shall be by providing in writing the following information: the cause number and name of the case; the attorney's name, employer, and contact information; and the bar number and jurisdiction of the applicant's license to practice law. (c) Exception for Indigent Representation. A member in good standing of the bar of another state or territory of the United States or of the District of Columbia, who is eligible to apply for admission as a lawyer under APR 3 in this state, while rendering service 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, may, upon application and approval, practice law and appear as a lawyer before the courts of this state in any matter, litigation, or administrative proceeding, subject to the following conditions and limitations: (1) Application to practice under this rule shall be made to the Bar, and the applicant shall be subject to the Rules for Enforcement of Lawyer Conduct and to the Rules of Professional Conduct. (2) In any such matter, litigation, or administrative proceeding, the applicant shall be associated with an active lawyer member of the Bar, who shall be the lawyer of record and responsible for the conduct of the matter, litigation, or administrative proceeding.

(3) The applicant shall either apply for and take the first available lawyer bar examination after the date the applicant was granted authorization to practice under this rule, or already have filed an application for admission by motion or Uniform Bar Exam (UBE) score transfer. (4) The applicant's authorization to practice under this rule (i) may be terminated by the Supreme Court at any time with or without cause, or (ii) shall be terminated automatically for failure to take or pass the required lawyer bar examination, or (iii) shall be terminated for failure to become an active lawyer member of the Bar within 60 days of the date the lawyer bar examination results are made public, or (iv) shall be terminated automatically upon denial of the application for admission, or (v) in any event, shall be terminated within 1 year from the original date the applicant was authorized to practice law in this state under this rule. (d) [Reserved.] (e) [Reserved.] (f) Exception for House Counsel. A lawyer admitted to the practice of law in any jurisdiction may apply to the Bar for a limited license to practice law as in-house counsel in this state when the lawyer is employed in Washington as a lawyer exclusively for a profit or not for profit corporation, including its subsidiaries and affiliates, association, or other business entity, that is not a government entity, and whose lawful business consists of activities other than the practice of law or the provision of legal services. The lawyer shall apply by: (i) filing an application in the form and manner that may be prescribed by the Bar; (ii) presenting satisfactory proof of (I) admission to the practice of law and current good standing in any jurisdiction and (II) good moral character and fitness to practice; (iii) filing an affidavit from an officer, director, or general counsel of the applicant's employer in this state attesting to the fact the applicant is employed as a lawyer for the employer, including its subsidiaries and affiliates, and the nature of the employment conforms to the requirements of this rule; and

(iv) paying the application fees required of lawyer applicants for admission under APR 3;

(v) furnishing whatever additional information or proof that may be required in the course of investigating the applicant. (1) Upon approval of the application by the Bar, the lawyer shall take the Oath of Attorney, pay the current year's annual license fee and any mandatory assessments required of active lawyer members. The Bar shall transmit its recommendation to the Supreme Court which may enter an order granting the lawyer a license to engage in the limited practice of law under this section. (2) The practice of a lawyer licensed under this section shall be limited to practice exclusively for the employer, including its subsidiaries and affiliates, furnishing the affidavit required by the rule and shall not include (i) appearing before a court or tribunal as a person admitted to practice law in this state, and (ii) offering legal services or advice to the public, or (iii) holding oneself out to be so engaged or authorized. (3) All business cards and employer letterhead used by a lawyer licensed under this section shall state clearly that the lawyer is licensed to practice in Washington as in-house counsel. (4) A lawyer licensed under this section shall pay to the Bar an annual license fee in the maximum amount required of active lawyer members and any mandatory assessments required

of active lawyer members of the Bar. (5) The practice of a lawyer licensed under this section shall be subject to the Rules of Professional Conduct, the Rules for Enforcement of Lawyer Conduct, and to all other laws and rules governing lawyers admitted to the active practice of law in this state. Jurisdiction shall continue whether or not the lawyer retains the limited license and irrespective of the residence of the lawyer. (6) The lawyer shall promptly report to the Bar a change in employment, a change in admission or license status in any jurisdiction where the applicant has been admitted to the practice of law, or the commencement of any formal disciplinary proceeding in any jurisdiction where the applicant has been admitted to the practice of law. (7) The limited license granted under this section shall be automatically terminated when employment by the employer furnishing the affidavit required by this rule is terminated, the lawyer has been admitted to the practice of law pursuant to any other provision of the APR, the lawyer fails to comply with the terms of this rule, the lawyer fails to maintain current good standing in at least one other jurisdiction where the lawyer has been admitted to the practice of law, or on suspension or disbarment for discipline in any jurisdiction where the lawyer has been admitted to the practice of law. If a lawyer's employment is terminated but the lawyer, within three months from the last day of employment, is employed by an employer filing the affidavit required by (iii), the license shall be reinstated. (8) A lawyer admitted in another United States jurisdiction and authorized to provide legal services under this Rule may provide legal services in this jurisdiction for no fee through a Bar qualified legal services provider, as that term is defined in APR 1. If such services involve representation before a court or tribunal, the lawyer shall seek permission under APR 8(b) and any fees for such permission shall be waived. The prohibition against compensation in this paragraph shall not prevent a qualified legal services provider from reimbursing a lawyer authorized to practice under this rule for actual expenses incurred while rendering legal services under this pro bono exception. In addition, a qualified legal services provider shall be entitled to receive all court awarded attorney's fees for pro bono representation rendered by the lawyer. (g) [Reserved.] [Adopted effective February 12, 1965; Amended effective May 20, 1966; March 10, 1971; July 9, 1982; September 1, 1984; October 11, 1985; September 1, 1998; March 9, 1999; March 5, 2002; October 1, 2002; December 24, 2002; June 24, 2003; November 25, 2003; September 1, 2004; September 1, 2006; January 1, 2007, May 6, 2008; September 1, 2009; January 1, 2014; September 1, 2015; September 1, 2017; December 5, 2017; September 1, 2018; April 21, 2020; January 1, 2023; June 27, 2023.]

citation: APR APR 8

rule_number: APR 8


title: Licensed Legal Interns

text:
APR 9 LICENSED LEGAL INTERNS (a) Purpose. Supervised professional practice plays an important role in the development of competent lawyers and expands the capacity of the Bar to provide quality legal services while protecting the interests of clients and the justice system. This rule authorizes supervised professional practice by qualified law students, enrolled law clerks, and recent graduates of approved law schools when they are licensed pursuant to this rule to engage in the limited practice of law as “Licensed Legal Interns.” The license granted pursuant to this rule is a limited license, based in part on recognition of the role practice experience plays in developing the competence of aspiring lawyers and in part on the fact that the Licensed Legal Intern will be supervised by an experienced lawyer. Persons granted such a limited license and their supervising lawyers must comply with the obligations and limitations set forth in these rules. (b) Eligibility. To be eligible to apply to be a Licensed Legal Intern, an applicant must have arranged to be supervised by a qualifying lawyer and: (1) Be a student duly enrolled and in good academic standing in a J.D. program at an approved law school who has: (A) successfully completed not less than two-thirds of a law school’s prescribed 3-year course of study or five-eighths of a law school’s prescribed 4-year course of study, and (B) obtained the written approval of the law school’s dean or a person designated by such dean and a certification by the dean or designee that the applicant has met the educational requirements; or (2) Be an enrolled law clerk who: (A) is certified by Bar staff to be in compliance with the provisions of APR 6 and to have successfully completed not less than five-eighths of the law clerk program’s prescribed 4-year course of study; and (B) has the written approval of the primary tutor; or (3) Be a J.D. graduate of an approved law school who has not been admitted to the practice of law in any state or territory of the United States or the District of Columbia, provided that the application is made within nine months of graduation; or (4) Have completed the APR 6 law clerk program and not been admitted to the practice of law in any state or territory of the United States or the District of Columbia, provided that the application is made within nine months of the completion of the APR 6 law clerk program; or (5) Be a graduate of an approved law school with an LL.M. that meets the requirements in APR 3(b)(4) and who qualifies under APR 3(b)(4) to take the Washington lawyer bar examination and who has not been admitted to the practice of law in any state or territory of the United States or the District of Columbia, provided that the application is made within nine months of graduation. (c) Qualifications To Be a Supervising Lawyer. Except in the sections regarding the application for issuance of a limited license pursuant to this rule, references in this rule to “supervising lawyer” include both the supervising lawyer named in the application materials and on the Licensed Legal Intern identification card, and any other lawyer from the supervising lawyer’s office who meets the qualifications of a supervising lawyer and who performs the duties of a supervising lawyer. A supervising lawyer must be an active lawyer member in good

standing of the Bar, who has been actively engaged in the practice of law in the State of Washington or in any state or territory of the United States or the District of Columbia for at least the 3 years immediately preceding the date of the application, who has not been disbarred or subject to a disciplinary suspension in any jurisdiction within the previous 10 years and does not have a disciplinary proceeding pending or imminent, and who has not received a disciplinary sanction of any kind within the previous 3 years. (d) Application. The applicant must submit an application in a form and manner prescribed by the Bar. (1) The applicant and the supervising lawyer must fully and accurately complete the application, and they have a continuing duty to correct and update the information on the application while it is pending and during the term of the limited license. Every applicant and supervising lawyer must cooperate in good faith with any investigation by promptly furnishing written or oral explanations, documents, releases, authorizations, or other information reasonably required by the Bar. Failure to cooperate fully or to appear as directed or to furnish additional information as required shall be sufficient reason for the Bar to recommend denial or termination of the license. (2) The application must include: (A) all requested information about the applicant and the Supervising Lawyer; (B) the required certification from the law school (or confirmation from the Bar, for APR 6 Law Clerks) that the applicant has the required educational qualifications; and (C) certifications in writing under oath by the applicant and the supervising lawyer(s) that they have read, are familiar with, and will abide by this rule and the Rules of Professional Conduct. (3) Full payment of any required fees must be submitted with the application. The fees shall be set by the Board of Governors subject to approval by the Supreme Court. (4) Bar staff shall review all applications to determine whether the applicant and the supervising lawyer have the necessary qualifications, and whether the applicant possesses the requisite good moral character and fitness to engage in the limited practice of law provided for in this rule. Bar staff may investigate any information contained in or issues raised by the application that reflect on the factors contained in APR 21(a), and any application that reflects one or more of the factors set forth in APR 21 shall be referred to Bar Counsel for review. (5) Bar Counsel may conduct such further investigation as appears necessary, and may refer to the Character and Fitness Board for hearing any applicant about whom there is a substantial question whether the applicant possesses the requisite good moral character and fitness to practice law as defined in APR 20. Such hearing shall be conducted as provided in APR 20-24.3. Bar Counsel may require any disclosures and conditions of the applicant and supervising lawyer that appear reasonably necessary to safeguard against unethical conduct by the applicant during the term of the limited license. No decision regarding the good moral character and fitness to practice of an applicant made in connection with an application for licensing pursuant to this rule is binding on the Bar or Character and Fitness Board at the time an applicant applies for admission to practice law and membership in the Bar, and such issues may be reinvestigated and reconsidered by Bar staff, Bar Counsel, and the Character and Fitness Board. (6) The Supreme Court shall issue or refuse the issuance of a limited license for a Licensed Legal Intern. The Supreme Court’s decision shall be forwarded to the Bar, which shall inform the applicant of the decision.

(7) Upon Supreme Court approval of an applicant, the Bar shall deliver to the supervising lawyer, with a copy to the applicant, a confirmation of approval by the Supreme Court and a Licensed Legal Intern identification card. An applicant must not perform the duties of a Licensed Legal Intern before receiving the confirmation and identification card. (8) Once an application is accepted and approved and a license is issued, a Licensed Legal Intern is subject to the Rules of Professional Conduct and the Rules for Enforcement of Lawyer Conduct and to all other laws and rules governing lawyers admitted to the Bar of this state, and is personally responsible for all services performed as a Licensed Legal Intern. Any conduct by a Licensed Legal Intern that would subject a lawyer admitted to practice law in this state to discipline may result in the Bar taking action on the Licensed Legal Intern’s license, including termination of the Licensed Legal Intern’s license or requiring disclosures by or condition on the Licensed Legal Intern and supervising lawyer that may appear reasonably necessary to safeguard against unethical conduct by the Licensed Legal Intern during the term of the limited license. (9) A Licensed Legal Intern may have up to two supervising lawyers in different offices at one time. A Licensed Legal Intern may submit an application for approval to add a supervising lawyer in another office or to change supervising lawyers any time within the term of the limited license. When a Licensed Legal Intern applies to add a concurrent supervising lawyer in another office, the Intern must notify both the current supervising lawyer and the proposed new supervising lawyer in writing about the application, and both the current and the new supervising lawyer must approve the addition and certify that such concurrent supervision will not create a conflict of interest for the Licensed Legal Intern. The qualifications of the new supervising lawyer will be reviewed by Bar staff who may approve or deny the supervisor. The Licensed Legal Intern will be notified of approval or denial of the new supervising lawyer as described above and must not perform the duties of a licensed legal intern before receiving a new confirmation containing notification of approval and a new identification card. (e) Scope of Practice, Prohibitions, and Limitations. In addition to generally being permitted to perform any duties that do not constitute the practice of law as defined in GR 24, a Licensed Legal Intern shall be authorized to engage in the limited practice of law only as authorized by the provisions of this rule. (1) A Licensed Legal Intern may engage in the following activities without the presence of the supervising lawyer: (A) Advise or negotiate on behalf of a person referred to the Licensed Legal Intern by the supervising lawyer; (B) Prepare correspondence containing legal advice to clients or negotiating on behalf of clients, pleadings, motions, briefs, or other documents. All such correspondence, pleadings, motions, and briefs must be reviewed and signed by the supervising lawyer, as well as any other documents requiring the signature of a lawyer. On any correspondence or legal document signed by the Licensed Legal Intern, the Licensed Legal Intern’s signature shall be followed by the title “Licensed Legal Intern” and the Licensed Legal Intern’s identification number; (C) Present to the court ex parte and agreed orders signed by the supervising lawyer, except as otherwise provided in these rules; (D) After a reasonable period of in-court supervision or supervision while practicing before an administrative agency, which shall include participating with the supervising lawyer in at least one proceeding of the type involved before the same tribunal and being observed by the supervising lawyer while handling one additional proceeding of the same type before the same tribunal:

(i) Represent the State or the respondent in juvenile court in misdemeanor and gross misdemeanor cases; (ii) Try hearings, nonjury trials, or jury trials, in courts of limited jurisdiction; (iii) Represent a client in any administrative adjudicative proceeding for which nonlawyer representation is not otherwise permitted. (2) In any proceeding in which a Licensed Legal Intern appears before the court, the Licensed Legal Intern must advise the court of the Intern’s status and the name of the Intern’s supervising lawyer. (3) A Licensed Legal Intern may participate in Superior Court and Court of Appeals proceedings, including depositions, only in the presence of the supervising lawyer or another lawyer from the same office. (4) A Licensed Legal Intern must not receive payment directly from a client for the Intern’s services. A Licensed Legal Intern may be paid for services by the Intern’s employer, and the employer may charge for the services provided by the Licensed Legal Intern as may be appropriate. (5) A Licensed Legal Intern must not try any motion or case or negotiate for or on behalf of any client unless the client is notified in advance of the status as a Licensed Legal Intern and of the identity and contact information of the Licensed Legal Intern’s supervising lawyer. (6) A Licensed Legal Intern must not perform any of the actions permitted by this rule on behalf of or under the supervision of any lawyer other than the supervising lawyer or another lawyer employed in the same office who is qualified for such supervision under this rule. (7) For purposes of the attorney-client privilege, a Licensed Legal Intern shall be considered a subordinate of the lawyer providing supervision for the Intern. (f) Additional Obligations of Supervising Lawyer. Agreeing to serve as the supervising lawyer for a Licensed Legal Intern imposes certain additional obligations on the supervising lawyer. The failure of a supervising lawyer to comply with the duties set forth in this rule shall be grounds for disciplinary action pursuant to the Rules for Enforcement of Lawyer Conduct. In addition to the duties stated or implied above, the supervising lawyer: (1) must provide training to all Licensed Legal Interns supervised by the supervising lawyer, regarding the Rules of Professional Conduct and how they relate to the limited practice of the Licensed Legal Intern. Such training may be waived if the supervising lawyer otherwise determines that the Licensed Legal Intern has previously received such training and the supervising lawyer deems such training sufficient for the limited practice that will be supervised; (2) must direct, supervise, and review all of the work of the Licensed Legal Intern and shall assume personal professional responsibility for any work undertaken by the Licensed Legal Intern while under the lawyer’s supervision; (3) must ensure that all clients to be represented by the Licensed Legal Intern are informed of the intern’s status as a Licensed Legal Intern in advance of the representation; (4) must review and sign all correspondence providing legal advice to clients and all pleadings, motions, briefs, and other documents prepared by the Licensed Legal Intern and

ensure that they comply with the requirements of this rule, and must sign the document if it is prepared for presentation to a court; (5) must take reasonable steps to ensure that the Licensed Legal Intern is adequately prepared and knowledgeable enough to be able to handle any assigned matters performed outside the supervising lawyer’s presence, but need not be present in the room while the Licensed Legal Intern is performing such duties unless such presence is specifically required by this rule; (6) must supervise no more than: (a) one Licensed Legal Intern at any one time if the supervising lawyer is in private practice not otherwise described below; (b) four Licensed Legal Interns at any one time if the supervising lawyer is employed by a recognized institution of legal aid, legal assistance, public defense, or similar programs furnishing legal assistance to indigents, or by the legal departments of a state, county, or municipality; or (c) 10 Licensed Legal Interns at any one time if the supervising lawyer is a full-time clinical supervising lawyer or a member of the faculty of an approved law school for a clinical course offered by the law school where such course has been approved by its dean and is directed by a member of its faculty and is conducted within institutions or legal departments described in the section above or within the law school, provided that a supervising lawyer attends all adversarial proceedings conducted by the legal interns; (7) must meet with the Licensed Legal Intern, in person or by telephone, a minimum of one time per week, to review cases being handled and to provide feedback on performance, to provide additional guidance and instruction, and to answer questions or issues raised by the Licensed Legal Intern; (8) must inform the Bar staff promptly if circumstances arise that cause the supervising lawyer to have concern about the good moral character or fitness to practice of a Licensed Legal Intern supervised by that lawyer, and cooperate in any investigation that may follow such a report; (9) may terminate supervision of a Licensed Legal Intern under this rule at any time, with or without good cause, and must promptly notify the Bar staff of the effective date of the termination and the reasons for the termination; (10) may be terminated as a supervising lawyer at the discretion of the Bar, and when so terminated, must take steps to ensure that any Licensed Legal Intern previously supervised by the supervising lawyer ceases to perform duties or hold him/herself out as though supervised by the supervising lawyer. (g) Additional Obligations and Limitations. The following additional general obligations and limitations apply: (1) A judge or administrative hearing officer may exclude a Licensed Legal Intern from active participation in a case in the interest of orderly administration of justice or for the protection of a litigant or witness. In such case, a continuance shall be granted to secure the attendance of the supervising lawyer, who must assume personal responsibility for that matter. (2) A Licensed Legal Intern or the supervising lawyer must notify the Bar staff promptly if the supervising lawyer named on a Licensed Legal Intern’s identification card terminates supervision of the Licensed Legal Intern, and such Licensed Legal Intern is prohibited from

performing any of the actions described in these rules unless and until a change of supervising lawyer has been approved and a new identification card issued. (h) Term of Limited License. A limited license issued pursuant to this rule shall be valid, unless it is revoked or supervision is terminated, for a period of not more than 30 consecutive months, and in no case will it be valid if it has been more than 18 months since the Licensed Legal Intern graduated from law school or completed the APR 6 Law Clerk program. (1) The approval given to a law student by the law school dean or the dean’s designee or to a law clerk by the tutor may be withdrawn at any time by delivering notice to that effect to the Bar, and must be withdrawn if the student ceases to be duly enrolled as a student prior to graduation, takes a leave of absence from the law school or from the clinical program for which the limited license was issued, or ceases to be in good academic standing, or if the APR 6 law clerk ceases to comply with APR 6. When the approval is withdrawn, the Licensed Legal Intern’s license must be terminated promptly. (2) A limited license is granted at the sufferance of the Supreme Court and may be revoked at any time upon the court’s own motion, or upon the motion of the Bar, in either case with or without cause. (3) A Licensed Legal Intern must immediately cease performing any services under this rule and must cease holding themself out as a Licensed Legal Intern upon: (A) the termination for any reason of the Intern’s limited license under this rule; (B) the termination of the supervision for any reason or the upon the resignation of the Intern’s supervising lawyer; (C) the suspension or termination by the Bar of the supervising lawyer’s status as a supervising lawyer; (D) the withdrawal of approval of the Intern pursuant to this rule; or (E) the failure of the supervising lawyer to maintain qualification to be a supervising lawyer under the terms of this rule. [Adopted effective February 12, 1965; Amended effective June 4, 1970; May 21, 1971; February 29, 1972; December 31, 1973; December 31, 1976; January 1, 1977; January 1, 1979; January 1, 1981; November 2, 1981; September 1, 1984; October 1, 1985; October 11, 1985; November 29, 1991; September 1, 1994; June 2, 1998; October 1, 2002; January 1, 2014; September 1, 2017; January 1, 2023; June 27, 2023.]

citation: APR APR 9

rule_number: APR 9


title: Reserved

text: APR 10 [RESERVED] [Adopted effective March 10, 1971; text deleted and rule number reserved effective September 1, 1984.]

citation: APR APR 10

rule_number: APR 10