Military Lawyers Sworn into Washington Civilian Courts

Seattle Washington, October 15, 2002 — Eleven JAG officers were sworn in to practice law in Washington courts last week by Washington State Supreme Court Chief Justice Gerry L. Alexander. The swearing-in was the result of Washington Admission to Practice Rule 8(g), which was unanimously recommended by the WSBA Board of Governors and unanimously passed by the state Supreme Court earlier this year. The rule allows full-time, active-duty military lawyers stationed in Washington who are admitted to practice in other states, a limited license to practice law in Washington’s civilian courts. Two more Naval officers will be sworn in next week.

Those who drafted APR 8(g) envisioned a rule that would significantly improve access to justice and legal services for junior enlisted personnel and their dependents, in non-criminal matters in Washington courts. Other active-duty military personnel and their dependents may be represented by military lawyers not licensed in Washington if they demonstrate financial need or hardship. Many military members and their families do not have the funds to hire private lawyers, and may be further disadvantaged by being stationed at sites far away from the states in which their legal problems need to be resolved. APR 8(g) effectively expands the pool of attorneys available to provide pro bono (free) legal services to junior military personnel in Washington, and it helps relieve the burden on local volunteer legal-service programs.

Kenyon E. Luce, chair of the WSBA Legal Services to the Armed Forces Committee and a driving force behind APR 8(g), said: "The passage of the rule was a collaborative effort on behalf of military personnel. Capt. Bruce MacDonald, Commanding Officer of Naval Legal Service Office Northwest; Col. Larry Rouse, Staff Judge Advocate at Fort Lewis; and Washington State Supreme Court Justice Charles Johnson were instrumental in getting the rule passed by the Supreme Court and putting military personnel on a more equal footing before the justice system."

The Washington State Bar Association is a private, nonprofit organization authorized by the Washington Supreme Court to license the state’s 27,300 lawyers. The WSBA both regulates lawyers under the authority of the Court and serves its members as a professional association — all without public funding. As a regulatory agency, it administers the bar exam, provides record-keeping and licensing functions, and administers the lawyer discipline program. As a professional association, the WSBA provides continuing legal education for attorneys, in addition to numerous other educational and member-service activities.