APR 22
      FITNESS DEFINED; INDEPENDENT FITNESS EXAMINATION


  (a)   Fitness - defined. Fitness is the absence of any current
mental impairment or current drug or alcohol dependency or abuse
which, if extant, would substantially impair the ability of the
Applicant or Petitioner to practice law.

  (b)  Testimony and Evidence:  If it appears that the Applicant
or Petitioner has engaged in conduct that was or may have been
caused in whole or in part by a mental impairment or drug or
alcohol dependency or abuse, the Applicant or Petitioner may
present testimony or evidence from a licensed or certified mental
health professional (hereafter "examining professional").

  (c) Independent Fitness Examination: If after reviewing such
testimony or evidence the Board finds that further examination is
necessary, the Board by majority vote may require an examination
of the Applicant or Petitioner by an examining professional
approved by the Lawyers' Assistance Program of the Washington
State Bar Association.

  (d)  Failure to Comply: The failure of an Applicant or a
Petitioner to agree or submit to a required independent fitness
examination shall result in the Applicant's or Petitioner's
application or petition being denied.

  (e)  Costs: The cost of any examination required by the Board
shall be borne by the Bar Association.

  (f)  Report: The examining professional shall issue a written
report of his or her findings which report shall be provided to
the Applicant or Petitioner and his or her counsel, Bar Counsel
and the Character and Fitness Board.

  (g) Confidentiality: Any report and testimony of an examining
professional may be admitted into evidence at a hearing on, or
review of, the Applicant's or Petitioner's fitness and
transmitted with the record on review by the Disciplinary Board
or the Supreme Court.  Reports and testimony regarding the
Applicant's or Petitioner's fitness shall otherwise be kept
confidential in all respects and neither the report nor the
testimony of the examining professional shall be discoverable or
admissible in any other proceeding or action.


[Adopted effective September 1, 2006.]