GR 9 COVER SHEET   

 

Suggested Amendments ADMISSION AND PRACTICE RULES (APR)

Rule 3(c)

Submitted by the Washington State Bar Association

 

 

A.           Name of Proponent:

 

Washington State Bar Association

 

B.        Spokesperson:

Sunitha Anjilvel, Acting WSBA President Terra Nevitt, Executive Director

 

WSBA Staff Contact:

Renata de Carvalho Garcia, Chief Regulatory Counsel Washington State Bar Association

1325 Fourth Avenue, Suite 600

Seattle, WA 98101-2539

renatag@wsba.org • (206) 733-5912

 

C.           Purpose:

 

On March 15, 2024, the Washington Supreme Court entered order 27500-B-711 adopting in concept the Washington Bar Licensure Task Force’s (WBLTF) recommendation that the practice time required for admission by motion be shortened to one year. The primary purpose of the suggested amendments to APR 3(c) is to implement the Washington Supreme Court’s adoption of this recommendation. At its May 2, 2024 meeting, the WSBA Board of Governors voted unanimously to recommend these suggested amendments to the Washington Supreme Court.

To qualify for admission by motion to the Washington State Bar Association, current APR 3(c) requires that lawyers admitted to practice law in other states, territories, or the District of Columbia have active legal experience1 for at least three of the five years preceding the filing of an application for admission. The WBLTF recommended that out- of-state licensed lawyers instead be eligible for admission by motion after one year of active legal experience. In accordance with the Court’s order and the WBLTF recommendation, the suggested amendments reduce the practice time required for admission by motion to at least one year of active practice within the three years preceding the application for admission.

While the WBLTF recommendations do not suggest a period of time within which the qualifying experience must have occurred, the suggested amendments propose that the one year of practice must have occurred within the preceding three years. A period of less than three years—for instance, requiring simply that the applicant have actively practiced for the full year preceding the application—would disproportionately exclude individuals whose practice may have been interrupted by periods of leave for medical reasons and parents, especially women, who may have taken parental leave. Requiring one year of experience within a period of time greater than three years is not likely to ensure an applicant has sufficient recent experience for admission.

The suggested amendments would also eliminate the duplicative first sentence of APR 3(c) and correct a typographical error.

D.           Hearing: A hearing is not requested.

 

E.           Expedited Consideration: Expedited consideration is not requested.

 

F.            Supporting Material:

 

1.    Washington Supreme Court Order 27500-B-711

 

 

1 “Active legal experience” is defined in APR 1(e). Washington Bar Licensure Task Force February 28, 2024 Proposal for the Future of WA State Bar Admissions