The Supreme Court of Washington.
December 2, 2004.
[By orders dated December 2, 2004, the Supreme Court amended the following Rules of Court, effective January 4, 2005: GR 16 and 25 (Regulation 6); APR 12 (Regulations of the Limited Practice Board 9, 10, and 12) (Continuing Education Regulations of the Limited Practice Board 102, and 111, new 112, and renumbered 113 thropugh 117); APR 15 (Procedural Rules 5, 6, and 7); and ER 501(f).
Additions and deletions are indicated by underlining and lining out respectively, except where the entire rule is new.]
GR 16 CAMERAS IN THE COURTROOMCOURTROOM PHOTOGRAPHY AND RECORDING BY THE NEWS MEDIA (a) Broadcasting, televising, recording, and takingphotographs courtroom is authorized during sessions of the court,including recesses between sessions, under the followingconditions: Video and audio recording and still photography bythe news media are allowed in the courtroom during and betweensessions, provided
(1) that permission shall have first been expressly granted by the judge under such conditions as the judge may prescribe; and
(2) The that media personnel will not,by theirappearance or conduct, distract participantsor impair thedignity of the proceedings in the proceedings or otherwise adversely affect the dignity and fairness of the proceedings.
(b) The judge shall exercise reasonable discretion inprescribing conditions and limitations with which media personnelshall comply.
(c) If the judge finds that sufficient reasons exist towarrant limitations on courtroom photography or recording, thejudge shall make particularized findings on the record at thetime of announcing the limitations. This may
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be done either orally or in a written order. In determiningwhat, if any, limitations should be imposed, the judge shall beguided by the following principles:
(1) Open access is presumed; limitations on access must besupported by reasons found by the judge to be sufficientlycompelling to outweigh that presumption;
(2) Prior to imposing any limitations on courtroomphotography or recording, the judge shall, upon request, hearfrom any party and from any other person or entity deemedappropriate by the judge; and
(3) Any reasons found sufficient to support limitations oncourtroom photography or recording shall relate to the specificcircumstances of the case before the court rather than reflectingmerely generalized views.
Comment While the Illustrative Broadcast Guidelines and IllustrativePrint Media Guidelines formerly contained in Code of JudicialConduct Canon 3(A)(7) are not adopted as part of this rule, theymay continue to serve the bench, bar and press as examples of howcameras in the courtroom may be addressed.
Before 1991 when GR 16 on “Cameras in the Courtroom” was firstadopted, the subject had only been addressed in the Code ofJudicial Conduct’s Canon 3(A)(7). The intent of the 1991 changewas to make clear both that cameras were fully accepted inWashington courtrooms and also that broad discretion was vestedin the court to decide what, if any, limitations should beimposed. In subsequent experience, both judges and the media haveperceived a need for greater guidance as to how that judicialdiscretion should be exercised in a particular case. This 2003amendment to GR 16 is intended to fill that practical need.
While not providing much guidance for the court’s exercise ofdiscretion, the Canon did contain some “illustrative guidelines”on how media personnel should conduct themselves while coveringthe courts. Although these guidelines were no longer a part ofthe rule once GR 16 was adopted, they continued to be publishedin the accompanying Comment. Some portions of those guidelineshave now become outdated and others are superseded by language inthe new GR 16. Because there continues to be potential value insome of the remaining guidelines, they will be here set out inredacted form:
ILLUSTRATIVE BROADCAST GUIDELINES 1. Officers of Court. The judge has the authority todirect whether broadcast equipment may be taken within thecourtroom. Broadcast newspersons should advise the bailiff priorto the start of a court session that they desire toelectronically record and/or broadcast live from within thecourtroom. The bailiff may have prior instructions from the judgeas
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to where the broadcast reporter and/or camera operator mayposition themselves. In the absence of any directions from thejudge or bailiff, the position should be behind the front row ofspectator seats by the least used aisleway or other unobtrusivebut viable location.
2. Pooling. Unless the judge directs otherwise, no more thanone television camera should be taking pictures in the courtroom(as presently constructed) at any one time. Where coverage is byboth radio and television, the microphones used by televisionshould also serve for radio and radio should be permitted to feedfrom the television sound system. Multiple radio feeds, if any,should be provided by a junction box. It should be theresponsibility of each broadcast news representative present atthe opening of each session of court to achieve an understandingwith all other broadcast representatives as to who will functionat any given time, or, in the alternative, how they will pooltheir photographic coverage. This understanding should be reachedoutside the courtroom and without imposing on the judge or courtpersonnel.
Broadcast coverage outside the courtroom should be handledwith care and discretion, but need not be pooled.
3. Broadcast Equipment. All running wires used should besecurely taped to the floor. All broadcast equipment should behandled as inconspicuously and quietly as reasonably possible.Sufficient film and/or tape capacities should be provided toobviate film and/or tape changes except during court recess.No camera should give any indication of whether it is or is notoperating such as a red light on some studio cameras.No additional lights should be used without the specific approval ofthe presiding judge and then only as the judge may specificallyapprove as may be needed in the case of appellate hearings.
4. Decorum. Broadcast representatives’ dress should notset them apart unduly from other trial spectators. Cameraoperators should not move tripod-mounted cameras except duringcourt recesses. All broadcast equipment should be in place andready to function no less than 15 minutes before the beginning ofeach session of court.
ILLUSTRATIVE PRINT MEDIA GUIDELINES 1. The judge has authority to direct whether photographs maybe taken within the courtroom. The photographer should advise thebailiff, prior to the start of a court session, that photographsare desired. The bailiff may have prior instructions from thejudge as to where the photographer may be positioned. In theabsence of any directions from the judge or bailiff, thephotographer should remain behind the front row of spectatorseats.
2. Unless the judge directs otherwise, no more than one stillpicture photographer is to be taking pictures in the courtroom atany one time. It is the responsibility of each photographerpresent at the opening of each session of court to achieve anunderstanding with all other photographers present as to whichwill function at any given time, or, in the alternative, how theywill pool their photographic coverage. This understanding must bereached outside the courtroom and without imposing on the judgeor court personnel.
3. The photographers’ dress and equipment should not set themapart unduly from other trial spectators. Cameras which operatewithout flash and with a minimum of noise should be utilized.
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4. The photographer’s movements in and out of the courtroomand while taking pictures should be unobtrusive. The photographershould not, for example, assume body positions inappropriate forspectators.
ILLUSTRATIVE BROADCAST GUIDELINES 1. Officers of Court. Broadcast newspersons should advisethe bailiff prior to the start of a court session that theydesire to electronically record and/or broadcast live from withinthe courtroom. The bailiff may have prior instructions from thejudge as to where the broadcast reporter and/or camera operatormay position themselves. In the absence of any directions fromthe judge or bailiff, the position should be behind the front rowof spectator seats by the least used aisleway or otherunobtrusive but viable location.
2. Pooling. Unless the judge directs otherwise, no morethan one television camera should be taking pictures in thecourtroom at any one time. It should be the responsibility ofeach broadcast news representative present at the opening of eachsession of court to achieve an understanding with all otherbroadcast representatives as to how they will pool theirphotographic coverage. This understanding should be reachedoutside the courtroom and without imposing on the judge or courtpersonnel.
3. Broadcast Equipment. All running wires used should besecurely taped to the floor. All broadcast equipment should behandled as inconspicuously and quietly as reasonably possible.Sufficient film and/or tape capacities should be provided toobviate film and/or tape changes except during court recess.No additional lights should be used without the specific approval ofthe presiding judge.
4. Decorum. Camera operators should not movetripod-mounted cameras except during court recesses. Allbroadcast equipment should be in place and ready to function noless than 15 minutes before the beginning of each session ofcourt.
An accompanying set of “Illustrative Print Media Guidelines”contained substantially the same provisions for print mediapersonnel. The only additional matters addressed were that stillphotographers should use cameras operating quietly and without aflash and they should not “assume body positions inappropriatefor spectators.”
GR 25 PRACTICE OF LAW BOARD REGULATION 1. Purpose. [No change.]
REGULATION 2. Practice of Law. [No change.]
REGULATION 3. Establishment of the Board. [No change.]
REGULATION 4. Conflict of Interest. [No change.]
REGULATION 5. Advisory Opinions. [No change.]
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REGULATION 6. Complaints.
A. Filing Complaints. Complaints alleging the unauthorized or unlicensed practice of law shall be submitted to the POL Board, in writing, in a form and manner prescribed by the POL Board.
B. Investigation. The POL Board may, on its own initiative and without any complaint being made to it, investigate any condition, situation or activity involving the unauthorized or unlicensed practice of law of which it becomes aware in the same manner as if a complaint had been made under section A above.
C. Initial Review of Complaints. Upon receipt of a complaint, the Board Administrator shall conduct an initial review to determine whether it is within the jurisdiction of the POL Board or may be subject to deferral. If not within the jurisdiction of the POL Board or if it is subject to deferral, the Board administrator shall advise the complainant that the matter will not be opened as a complaint, and the reasons. The complainant may submit additional information. All such items will be placed on the next POL Board agenda for review and any action deemed appropriate by the POL Board. If the complaint is deemed to be within the jurisdiction of the POL Board and not subject to deferral, the administrator shall assign the complaint to acommittee of the POL Board consisting of at least two Members(Investigating Committee), designating one of the Members as thechair the complaint will be opened for investigation.
D. Request for Response. If a complaint is opened for investigation, a copy shall be sent to the respondent with a request to respond within 20 days, and with notice that if the respondent does not respond, the complaint shall be considered without a response.
E. Report and Written Agreement. The Investigating Committeeshall, with the assistance of the Board Administrator or theBoard Administrator’s designee, review the complaint andresponse, any additional information and
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documents, and interview tThe complainant and respondentshall be interviewed and undertake such other and further review or investigation may be conducted as is deemed appropriate by the Investigating Committee chair. TheInvestigating Committee shall exert its best effort to completethe investigation within two weeks (14 calendar days) afterassignment and submit aA written report and recommendationwill be submitted to the Board, by transmitting it to the Board Administrator and the Members. All Members shall have one week (5 working days) to submit comments respecting the report by transmitting them to the Board Administrator and the Members. If the report recommends dismissal of the complaint and there are no adverse comments from the Members within the comment period, the report of the Investigating Committee and recommendation
shall be deemed adopted by the POL Board and the chairperson shall immediately notify the complainant and the respondent, in writing, of the dismissal and the matter shall be closed. If one or more Members disagree with the recommendation of theInvestigating Committee for dismissal, the matter shall be placed on the agenda of the next meeting of the POL Board for action by the POL Board. If the report of the InvestigatingCommittee concludes that there has been an unauthorized or unlicensed practice of law, the matter shall be placed on the agenda of the next POL Board meeting for action.
F.POL Board Review. If upon POL Board review of a matterinvestigated on its own initiative or upon review required ineither of the ways described in section D above report andrecommendation, the POL Board concludes that there has been no unauthorized or unlicensed practice of law, the complaint shall be dismissed and the chairperson shall so notify the complainant and the respondent, in writing, and shall close the file. If the POL Board concludes that there has been unauthorized or unlicensed practice of law, the POL Board shall proceed in the following manner:
(1) The POL Board shall attempt through the Chairperson or his or her designee to persuade the respondent to
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enter into a written agreement to refrain from the objectionable conduct in the future. Such written agreement shall be prepared by the Chairperson or his or her designee and may include a stipulation as to penalties in the event of continued unauthorized or unlicensed practice of law which is the subject matter of the agreement or violation of other terms of the agreement.
(2) If the respondent will not enter into a written agreement as set forth in (1) above, the POL Board may attempt to arrive at any other satisfactory disposition as determined by the POL Board. In attempting to arrive at a satisfactory disposition, the POL Board may, at a regular or special POL Board meeting, or by a designated committee, conduct an informal conference with the respondent, which conference may, in the discretion of the chairperson or designated committee chair, be recorded electronically or reported by a certified court reporter. At such informal conference, the respondent may be represented by counsel, but the informal conference shall not be public, nor shall rules of evidence apply. If the informal conference was held by a designated committee, the chair shall render a report, in writing, to the POL Board at the next POL Board meeting for action. If the POL Board determines that the respondent has engaged in the unauthorized or unlicensed practice of law, the POL Board shall endeavor to have the respondent enter into a written agreement to refrain from the objectionable conduct in the future, in the same manner as provided in (1) above. If, however, the respondent declines to enter into a written agreement, the POL Board may refer the matter to the appropriate law enforcement or other agency in accordance with GR 25(h).
G. Pending Controversy. Notwithstanding the foregoing, the POL Board may defer an investigation in any matter that, to its knowledge, is the subject of or might affect a case or controversy pending in any court or administrative [attorney disciplinary] proceeding.
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H. Notice of Board Action.
(1) Notice to Parties. The chairperson shall provide notice to any complainant who has not been previously notified of dismissal and each respondent, other than a respondent who has entered into a written agreement, of POL Board action with respect to the complaint or self-initiated investigation within ten days of POL Board action. All such notices of POL Board action shall inform the recipients of the right to petition for review by the Supreme Court as prescribed in GR 25(g). Suchnotice shall also be published, in the discretion of the POLBoard, in the Washington State Bar News or posted on the WSBAwebsite.
(2) Publication of Notice. The POL Board may, in itsdiscretion, publish notice of Board action on a complaintalleging the unauthorized practice of law in the Washington StateBar News, on the WSBA website, or elsewhere as it deemsappropriate. The Board Administrator has discretion in draftingnotices for publication, and they should include sufficientinformation to adequately inform the public of the reasons forthe Board’s action and conclusions.
REGULATION 7. Petitions for Review. [No change.]
REGULATION 8. Recommendations to the Supreme Court. [No change.]
APR 11 CONTINUING LEGAL EDUCATION REGULATIONS REGULATION 101. Definintions. [No change.]
REGULATION 102. Continuing Education Requirement. As provided for in Regulation 12 of the Regulations of the APR 12 Limited Practice Board, each active and inactive Limited Practice Officer shall complete a minimum of ten (10) credit hours of approved education during each calendar year, except as exempted by Regulation 114. Two (2) hours of the required ten (10) hours of continuing education per year must be on liability issues. These classes must be approved by the Board and must be taken annually.
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If an LPO completes more than ten (10) such credit hours in a given calendar year, the excess credit, up to ten (10) credits, may be carried forward and applied to such LPO’s education requirement for the next calendar year. Liability credit hours may be carried forward as liability credits or regular credits. Failure to comply with the provisions of this Regulation and Regulation 12 of the Regulations of the APR 12 Limited Practice Board each calendar year shall subject the Limited Practice Officer to suspension or revocation of license as an LPO.
REGULATION 103. Credits/Computation. [No change.]
REGULATION 104. Standards for Approval. [No change.]
REGULATION 105. Procedure for Approval of Continuing EducationActivities. [No change.]
REGULATION 106. Delegation. [No change.]
REGULATION 107. Staff Determinations and Review. [No change.]
REGULATION 108. Submission of Information — Reporting ofAttendance. [No change.]
REGULATION 109. Submission of Information — Credit forTeaching or Participating. [No change.]
REGULATION 110. Extensions, Waivers, Modifications. [No change.]
REGULATION 111. Non-Compliance — Board Procedures. An LPO who has not complied with the educational or reporting requirements of APR 12 and these regulations by April 30 of each year may beremoved (or conditionally removed) from the roll of certifiedLPO’s and ordered suspended until in compliance with the regulations.
To effect such removal suspension, the Committee shall send to the non-complying LPO by certified mail, directed to the LPO’s last known address as maintained on the records of the Board, a written notice of non-compliance. The notice shall advise such LPO of the pendency of removal suspension
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proceedings, and the provisions for revocation of license, unless within ten (10) days of receipt of such notice such LPO completes and returns to the Committee an accompanying form of petition, to which supportive affidavit(s) may be attached for extension of time for, or waiver of, compliance with the requirements of APR 12 and these regulations or for a ruling by the Committee of substantial compliance with the requirements.
(a) If such petition is not filed, such lack of action shall be deemed acquiescence by the LPO in the finding of non-compliance. The Committee shall report such fact to the Board with the Committee’s recommendations for appropriate action. The Board shall take such action as it deems appropriate.
(b) If such petition is filed, the Committee may, at its discretion, approve the same without hearing or may enter into an agreement on terms with such LPO as to time and other requirements for achieving compliance with APR 12 and these regulations.
(c) If the Committee does not approve such petition or enter into such agreement, the affected LPO may request a hearing before the Board. At the discretion of the Chair of the Board, the hearing may be held before the entire Board or panel thereof. The Board or panel thereof shall enter written findings of fact and an appropriate order, a copy of which shall be transmitted by certified mail to the LPO affected at the address of such member on file with the Board. Any such order shall be final and, in case of an adverse determination, shall be transmitted to the Supreme Court.
REGULATION 112. Reinstatement of LPOs Suspended fromPractice for Failure to Comply with the Continuing EducationRequirement.
(a) An LPO who is suspended from practice for failure tocomply with the Continuing Education Requirement must make up thedeficiency and fully comply with the provisions APR 12 and theseRegulations before he or she can be reinstated to active orinactive status.
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(b) Once a suspended LPO has complied with the immediatelypreceding provisions of this Regulation, the Board shall notifythe Supreme Court that the suspended LPO has satisfied therequirements of APR 12 and these Regulations.
REGULATION 112113. Appeals to the Supreme Court. [No change.]
REGULATION 113114. Reactivation of Inactive Members.
[No change.]
REGULATION 114115. Exemptions. [No change.]
REGULATION 115116. Rulemaking Authority. [No change.]
REGULATION 116117. Confidentiality. [No change.]
APR 12 REGULATIONS OF THE APR 12 LIMITED PRACTICE BOARD REGULATION 1. In General. [No change.]
REGULATION 2. Applications. [No change.]
REGULATION 3. Approval or Denial of Application. [No change.]
REGULATION 4. Denial of Application — Right of Appeal. [No change.]
REGULATION 5. Administration of Examination. [No change.]
REGULATION 6. Examination Standards and Notification ofResults. [No change.]
REGULATION 7. Reapplication for Examination. [No change.]
REGULATION 8. Certification of Results to Supreme Court;Oath. [No change.]
REGULATION 9. Annual Fee.
A. Except as set forth in section B of this Regulation, every Limited Practice Officer shall pay an annual fee of $85.00, which is due July 1 of each year. Failure to pay the
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annual fee shall subject the LPO to suspension from limited practice as a Limited Practice Officer. If the LPO fails tocomply with conditions for reinstatement pursuant to Regulation10 within 9 months of the date of suspension, the license of thesuspended LPO will be revoked.
B. The prorated annual fee for LPOs who pass the qualifying examination given in the spring and who request active status prior to July 1 of that same calendar year shall be $40. LPOs shall pay the annual fee set forth in Regulation 10(A) to retain their active status after June 30 of the calendar year of their admission.
C. An LPO shall provide his or her residential address to the Board at the time of payment of the annual fee.
REGULATION 10. Reinstatement After Suspension for Nonpaymentof Annual Fee. An LPO who is suspended pursuant to Regulation 9(A) shall be reinstated if the LPO has within nine (9) monthsof the date of suspension:
1. submitted an application for reinstatement in the form prescribed by the Board;
2. the LPO continues continued to meet the qualifications set out in APR 12 and these Regulations; and
3. paid a sum equal to the amount of all delinquent annual fees, not to exceed the equivalency of double the amount ofthree year’s fees, plus the then current year’s fees, and any investigation fees as may be determined by the Board.
REGULATION 11. Financial Responsibility. [No change.]
REGULATION 12. Continuing Education. Every LPO shall attend a minimum of ten (10) hours of approved continuing education during each calendar year. Two (2) hours of the required ten (10) hours of continuing education shall be on liability issues. If an LPO completes more than ten (10) credit hours in a given calendar year, the excess credit, up to ten credits, may be carried forward and applied
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to such LPO’s education requirements for the next calendar year.
Every LPO shall submit proof of compliance with the continuing education attendance requirements by filing an Affidavit of Attendance as prescribed by the Continuing Education Regulations of the Limited Practice Board. Failure to comply with the continuing education requirements will subject the LPO to suspension of license as a Limited Practice Officer. If thesuspended LPO fails to comply with conditions for reinstatementpursuant to Continuing Education Regulations of the LimitedPractice Board within nine (9) months of the date of suspension,the license of the suspended LPO will be revoked.
REGULATION 13. Inactive Status. [No change.]
REGULATION 14. Voluntary Certification Cancellation. [No change.]
REGULATION 15. Change in Status. [No change.]
REGULATION 16. LPO Name, Signature, and Number Required onDisclosure Form. [No change.]
REGULATION 17. Records Disclosure. [No change.]
REGULATION 18. Notice and Filing; Administration. [No change.]
REGULATION 19. Amendment. [No change.]
APR 15 LAWYERS’ FUND FOR CLIENT PROTECTION (APR 15) PROCEDURAL RULESRULE 5. Eligible Claims.
A. Eligibility. [No change.]
B. Time Limitations. Any application must be made within three years from the date on which discovery of the loss was made or reasonably should have been made by the applicant, and in no event more than three years from the date the lawyer dies, is disbarred, is disciplined for misappropriation of funds, or is criminally convicted for matters
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relating to the applicant’s loss, provided that the Committeeor Trustees in their discretion may waive any limitations period for excusable neglect or other good cause.
C. Dishonest Conduct. [No change.]
D. Excluded Losses. [No change.]
E. Special and Unusual Circumstances. [No change.]
F. Unjust Enrichment. [No change.]
G. Exhaustion of Remedies. The Committee may considerwhether an applicant has made reasonable attempts to seekreimbursement of a loss before taking action on an application.This may include, but is not limited to, the following:
(1) Filing a claim with an appropriate insurance carrier;
(2) Filing a claim on a bond, when appropriate;
(3) Filing a claim with any and all banks which honored afinancial instrument with a forged endorsement;
(4) As a prelude to possible suit under part (5) below,demanding payment in from any business associate or employerwho may be liable for the actions of the dishonest lawyer; or
(5) Commencing appropriate legal action against the lawyeror against any other party or entity who may be liable for theapplicant’s loss.
RULE 6. Procedures.
A. Ineligibility. [No change.]
B. Investigation and Report. [No change.]
C. Notification of Lawyer. [No change.]
D. Testimony. [No change.]
E. Finding of Dishonest Conduct. [No change.]
F. Evidence and Burden of Proof. [No change.]
G. Pending Disciplinary Proceedings. [No change.]
H. Exhaustion of Remedies. The Committee may direct anapplicant to seek reimbursement of a loss before
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making a recommendation to the Trustees on an application. Thismay include, but is not limited to, the following:
(1) File a claim with the lawyer’s insurance carrier;
(2) File a claim on a bond, when appropriate;
(3) File a claim with any and all banks which honored afinancial instrument with a forged endorsement;
(4) Request payment in writing from any lawyer who was apartner of the dishonest lawyer at the time of the dishonestconduct; or any lawyer who was a principal of the professionalcorporation in which the dishonest lawyer was an employee ormember; or against the employer of the dishonest lawyer; or
(5) Commence appropriate legal action against the lawyer oragainst any third party or entity who may be liable for theapplicant’s loss.
IH Public Participation. Public participation at Committee meetings shall be permitted only by prior permission granted by the Committee chairperson.
JI Committee Action.
(1) Actions of the Committee Which Are Final Decisions. A decision by the Committee on an application for payment of$10,000 $25,000 or less — whether such decision be to make payment, to deny payment, to defer consideration, or for any action other than payment of more than $10,000 $25,000 — shall be final and without right of appeal to the Trustees.
(2) Actions of the Committee Which Are Recommendations to the Trustees. A decision by the Committee (a) on an application for more than $10,000 $25,000, or (b) involving a payment of more than $10,000 $25,000 (regardless of the amount stated in the application), is not final and is a recommendation to the Trustees which shall have sole authority for final decisions in such cases.
RULE 7. Adjudication By Trustees.
A. A recommendation by the Committee (a) concerning applications for more than $10,000 $25,000, or (b) that payments of more than $10,000 $25,000 be made to applicants
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regarding any one lawyer, shall be reported to the Trustees which may, in its discretion, adopt, modify, disapprove or take any other appropriate action on the Committee’s recommendation.
B. A decision of the Trustees shall be final and there shall be no right of appeal from that decision.
ER 501 GENERAL RULE
The following citations are to certain statutes and case law that make reference to privileges or privileged communications. This list is not intended to create any privilege, nor to abrogate any privilege by implication or omission.
(a) Attorney-Client. (Reserved. See RCW 5.60.060(2).)
(b) Clergyman or Priest. (Reserved. See RCW 5.60.060(3), 26.44.060, 70.124.060.)
(c) Dispute Resolution Center. (Reserved. See RCW 7.75.050.)
(d) Counselor. (Reserved. See RCW 18.19.180.)
(e) Higher Education Procedures. (Reserved. See RCW 28B.19.120(4).)
(f) Husband-Wife. (Reserved. See RCW 5.60.060(1), 26.20.071,26.21.17026.21.355(8).)
(g) Interpreter in Legal Proceeding. (Reserved. See RCW 2.42.160; GR 11.1(e).)
(h) Journalist. (Reserved. See Senear v. Daily Journal-American, 97 Wn.2d 148, 641 P.2d 1180 (1982); State v. Rinaldo, 102 Wn.2d 749, 689 P.2d 392 (1984).)
(i) Optometrist-Patient. (Reserved. See RCW 18.53.200, 26.44.060.)
(j) Physician-Patient. (Reserved. See RCW 5.60.060(4), 26.26.120, 26.44.060, 51.04.050, 69.41.020, 69.50.403, 70.124.060, 71.05.250.)
(k) Psychologist-Client. (Reserved. See RCW 18.83.110, 26.44.060, 70.124.060.)
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(l) Public Assistance Recipient. (Reserved. See RCW 74.04.060.)
(m) Public Officer. (Reserved. See RCW 5.60.060(5).)
(n) Registered Nurse. (Reserved. See RCW 5.62.010, 5.62.020, 5.62.030.)
Comment 501 [1988 Amendment]
This rule was initially left reserved. The 1988 amendment added references to statutory privileges for the guidance and convenience of both judges and practitioners.
Only the name of the privilege was given, with the text reserved and a statutory reference provided. The qualified journalist’s privilege, though found in case law and based on common law rather than the constitution, was included as well. The amendment allowed ready reference to the more common privileges by the bench and bar without eliminating a less often used privilege by accidental omission from the list.
[Adopted effective September 1, 1988; amended effective September 1, 1992.]Page 1