The Supreme Court of Washington.
2003
[By orders dated March 12, 2003, and in accordance with GR 9(i), the Supreme Court made the following changes to the Rules of Court, effective April 1, 2003.
Amendments are to: GR 23(c); APR 6 and 19(d); and CrRLJ 3.2(m).
Additions and deletions are indicated by underlining and lining out respectively, except where the entire rule is new.]
GR 23 RULES FOR CERTIFYING PROFESSIONAL GUARDIANS (a)-(b) [Unchanged.]
(c) Certified Professional Guardian Board.
(1) [Unchanged.]
(2) Duties and Powers.
(i) Applications. The Board shall process applications for professional guardian certification under this rule. The Board may delay or deny certification if an applicant fails to provide required basic or supplemental information.
(ii) Standards of Practice. The Board shall adopt and implement policies or regulations setting forth minimum standards of practice which professional guardians shall meet.
(iii) Training Program. The Board shall adopt and implement regulations establishing a professional guardian-training program.
(iv) Examination. The Board may adopt and implement regulations governing the preparation and administration of certification examinations.
(v) Recommendation of Certification. The Board may recommend certification to the Supreme Court. The Supreme Court shall review the Board’s recommendation and enter an appropriate order.
Page 1102
(vi) Denial of Certification. The Board may deny certification. If the Board denies certification, it shall notify an applicant in writing of the basis for denial of certification and inform the applicant of the appeal process.
(vii) Continuing Education. The Board may adopt and implement regulations for continuing education.
(viii) Grievances and Discipline. The Board shall adopt and implement procedures to review any allegation that a professional guardian has violated an applicable statute, fiduciary duty, standard of practice, rule, or regulation. The Board may impose sanctions upon a finding of violation. Sanctions may include decertification or lesser remedies or actions designed to ensure compliance with duties, standards, and requirements for professional guardians.
(ix) Investigation. The Board may investigate to determine whether an applicant for certification meets the certification requirements established in this rule. The Board may also investigate to determine whether a professional guardian has violated the duty, standard of practice, rule, regulation, or statute governing the conduct of professional guardians.
(x) Authority to Conduct Hearings. The Board may adopt regulations pertaining to the orderly conduct of hearings.
(a) Subpoenas. The Chair of the Board, Hearing Officer, or designated attorney shall have the power to issue subpoenas.
(b) Orders. The Chair or Hearing Officer may make such prehearing or other orders as are necessary for the orderly conduct of any hearing.
(c) Enforcement. The Board may refer a subpoena or order to the Supreme Court for enforcement.
(xi) Confidentiality. Information in the Board’s possession shall be disclosed upon request, except that the following information shall not be disclosed without a court order:
(a) Personal information, including, but not limited to, home address, financial information, medical information, or Social Security number;
Page 1103
(b) Records required by law, regulation, or court order to be confidential;
(c) Records of reviews or investigations by the Board which did not result in sanctions;
(d) Professional guardian examination questions, answers, or scores;
(e) Records of investigations shall remain confidential except for documents showing the results of the investigation where there has been an appeal; and
(f) Records of disciplinary actions shall remain confidential except all formal complaints and the process after filing the formal complaint shall be public.
(xii) Meetings. The Board shall hold meetings as determined necessary by the chair. Meetings of the Board will be open to the public except for executive sessions of the Board and review panel and disciplinary meetings prior to filing of a formal complaint.
(xiii) Fees. The Board shall establish and collect fees in such amounts as are necessary to carry out the duties and responsibilities of the Board.
(xiv) Immunity from Liability. No cause of action against the Board, its members, or agents, including hearingofficers appointed by the Board or its Chair, shall accrue in favor of a professional guardian or any other person arising from any act taken pursuant to this rule, provided that the Board or individual acted in good faith. The burden of proving that the acts were not taken in good faith shall be on the party asserting it.
(d)-(m) [Unchanged.]
APR 6 LAW CLERK PROGRAM (a) Applicants. Every applicant for enrollment in the law clerk program shall:
Page 1104
(1) Be of good moral character;
(2) Present satisfactory proof of having been granted a bachelor’s degree, other than a bachelor of laws, by a college or university offering such a degree on the basis of a four-year course of study;
(3) Obtain regular, full-time employment in the State of Washington as a law clerk with (i) a judge of a court of general, limited, or appellate jurisdiction, or (ii) a lawyer or firm of lawyers licensed to practice in this state and actively engaged in the practice of law;
(4) Submit on forms provided by the Bar Association (i) an application for admission to the law clerk program, (ii) the tutor’s statement required by subsection (b)(3) of this rule, 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 Board of Governors; and
(6) Pay such fees as may be set by the Board of Governors with the approval of the Supreme Court.
(b) Tutors. A lawyer or judge may act as a tutor for only one law clerk at a time. To be eligible to act as a tutor in the law clerk program, a lawyer or judge shall:
(1) Be an active member in good standing of the Bar Association, or be a judicial member who is currentlyelected or appointed to an elected position, provided that if a disciplinary sanction has been imposed upon the lawyer or judge within the five (5) years immediately preceding approval of the law clerk’s application for enrollment, the Board of Governors shall have the discretion to accept or reject the lawyer or judge
as tutor;
(2) Have been actively and continuously engaged in the practice of law or have held the required judicial position for at least 10 years immediately preceding the filing of the law clerk’s application for enrollment; this may be acombination of active practice and judicial experience; and
(3) Provide a tutor’s statement certifying to the law clerk’s employment and to the tutor’s eligibility, and agreeing
Page 1105
to instruct and examine the law clerk in the curriculum prescribed by the Law Clerk Committee with the approval of the Board of Governors.
(c) Length of Study. [No change].
(d) Course of Study. [No change].
(e) Examination. [No change].
(f) Certificates. [No change].
(g) Termination. [No change].
(h) Advanced Standing. [No change].
(i) Effective Date. [No change].
APR 19 LAWYER SERVICES DEPARTMENT (a) Purpose. [No change.]
(b) Lawyers’ Assistance Program (LAP). [No change.]
(c) Fee Arbitration Program. [Reserved.] [No change.]
(d) Law Office Management Assistance Program.
(1) Authorization. The Washington State Bar Associationis authorized to create a program to help improve the qualityof legal services by assisting lawyers to manage better theiroffices and improve the professional delivery of legalservices.
(2) Confidentiality. Information obtained by staff oragents of the Law Office Management Assistance Programshall be confidential unless:
(i) the assisted lawyer consents to disclosure;
(ii) disclosure, based upon reasonable belief, isnecessary to prevent the assisted lawyer from committinga crime; or
(iii) pursuant to court order.
(3) Exoneration From Liability.
(i) Bar Association and its Agents. No cause of action shallaccrue in favor of any person, arising from any action orproceeding pursuant to these rules, against the BarAssociation,
Page 1106
or its officers or agents (including but not limited to itsstaff, members of the Board of Governors, or any individualacting under authority of these rules) provided only that theBar Association or individual shall have acted in good faith.The burden of proving bad faith in this context shall be uponthe person asserting it. The Bar Association shall providedefense to any action brought against an officer or agent ofthe Bar Association for actions taken in good faith underthese rules and shall bear the costs of that defense andshall indemnify the officer or agent against any judgementtaken therein.
(ii) Other person. Communications to the Bar Association,Board of Governors, staff, or any other individual actingunder the authority of these rules are subject to theprovisions of APR 19(d)(2) supra and the Rules ofProfessional Conduct.
(e) Ethics Program. [Reserved.] [No change.]
CrRLJ 3.2 RELEASE OF ACCUSED (a)-(1) [Unchanged.]
(m) Bail in Criminal Offense Cases — MandatoryAppearance.
(1) When required to reasonably assure appearance in court, bail for a person arrested for the following criminal offenses listed in this rule or comparable ordinances shall be the amount listed in this rule. In an individual case and after hearing the court for good cause recited in a written order may set a different bail amount.
(2) A court may adopt a local rule requiring that persons subjected to custodial arrest for a certain class of offenses be held until they have appeared before a judge.
(3) Forfeiture of bail shall not constitute a final disposition for a mandatory offense or comparable ordinance without a written order of the court showing the reasons. The order may be a simple docket entry. If the court allows
Page 1107
forfeiture of bail for a mandatory offense, it may accept bail in an amount no less than that set forth in these rules as full payment including all statutory assessments.
Bail
1. Driving while under the influence; physical control (RCW 46.61.502; 46.52.100; 46,61.504) $500
2. Driving while under the influence — nonhighway vehicle or snowmobile (RCW 46.09.120(2)) $500
3. Operating nonhighway vehicle or snowmobile so as to endanger human life, etc. (RCW 46.09.130; 46.10.130) $500
4. No valid driver’s license (without identification) (RCW 46.20.021) $475 250
5. Unlawful possession or use of a driver’s license (RCW 46.20.336) $100
6. Driving while license suspended or revoked in the first, and second, and third degrees (RCW 46.20.342) $500
7. Driving while license suspended or revoked in the third degree (RCW 46.20.342) $250
7 8. Violating occupational license restrictions (RCW 46.20.410) $200
8 9. Financial responsibility suspension (RCW 46.29.610, .620) $100
9 10. Transporting dangerous articles (RCW 46.48.175) $500
10 11. Unattended hit and run (RCW 46.52.010) $250
11 12. Attended hit and run (RCW 46.52.020) $500
12 13. Reports of repairs, concealing evidence (RCW 46.52.090) $500
13 14. Confidentiality of driving records (RCW 46.52.130) $500
14 15. Failure to obey police officer, flagger, or fire fighter (RCW 46.61.015) $250
15 16. Failure to cooperate with or give information to police officer (RCW 46,61.020) $100
16 17. Failure to stop and give information (RCW 46.61.022) $100
17 18. Reckless driving (RCW 46.61.500) $500
18 19. Racing (RCW 46.61.530) $500
19 20. Leaving children unattended (RCW 46.61.685) $250
20. Failure to respond or appear (RCW 46.64.020) $250
Page 1108
21. Unfair motor vehicle business practices (RCW 46.70.170) $250
22. Unlawful operation of for hire vehicles (RCW 46.72.100) $250
23. Motor vehicle wreckers (RCW 46.80.170) $500
24. Driving training schools (RCW 46.82.390) $250
25. First Degree Negligent Driving (RCW 46.61.525) $250
(n)-(s) [Unchanged.]
Page 1