ELC 8.9
PETITION FOR LIMITED GUARDIANSHIP
(a) Guardian Powers and Qualifications. A guardian may be appointed
under this rule to take any action deemed advisable related to the
respondent lawyer's license to practice law and any disciplinary or
disability investigation or proceeding.
(b) Referral to Review Committee. A hearing officer or panel, the
Association, the respondent, or respondent's counsel may request that
a review committee authorize the filing of a petition for a limited
guardianship of a respondent as described in section (a). The person
requesting the petition must give notice to the parties at the time of
the request. The Association and the respondent may submit
declarations or affidavits relevant to the Review Committee's decision.
(c) Review Committee Determination. The review committee may
authorize the Association to petition for the appointment of a limited
guardian as described in section (a) when the review committee
reasonably believes that grounds for such an appointment exist under
RCW 11.88.010(2). The review committee may require the respondent to
submit to any necessary examinations or evaluations and may retain
independent counsel to assist in the investigation and the filing of any petition.
(d) Action for Limited Guardianship.
(1) Upon authorization of a review committee, the Association
may file a petition in any Superior Court seeking a limited
guardian to act regarding the respondent's license or any
disciplinary or disability investigation or proceeding.
(2) Notwithstanding any other provisions regarding the
qualifications of a guardian ad litem, any guardian ad litem
appointed under this rule must be a lawyer qualified to maintain
and protect the confidences and secrets of the respondent's clients.
(3) Upon application to the Superior Court, the respondent may
have the matter moved to the county where the respondent is
domiciled or maintains an office or another county as authorized by law.
(4) The guardianship proceedings must be sealed to the extent
necessary to protect confidences and secrets of the respondent's
clients or on any other basis found by the Superior Court.
(5) The costs of any guardianship are paid out of the
guardianship estate, except if the guardianship estate is
indigent, the Association pays the costs.
[Adopted effective October 1, 2002.]
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