New Procedural Rules Suggested for Washington’s Discipline System

by WSBA

The Executive Director of the Washington State Bar Association on Oct. 14, 2020, submitted new suggested disciplinary procedural rules, known as the Rules for Discipline and Incapacity (RDI), to the Washington Supreme Court in accordance with General Rule (GR) 9. If adopted, the suggested rules would supersede and rescind the current disciplinary procedural rules, the Rules for Enforcement of Lawyer Conduct. The new rules would also supersede and rescind the Rules for Enforcement of Limited License Legal Technician (LLLT) Conduct and the Rules for Enforcement of Limited Practice Officer (LPO) Conduct.

As approved in concept by the Washington Supreme Court in June 2017, the suggested rules would create a single-portal, multi-license-type discipline and appeals system. Substantial effort was made to streamline the rules and create system efficiencies while retaining meaningful volunteer involvement in disciplinary procedures. The suggested rules would establish a professionalized adjudicative system and create one set of disciplinary procedural rules for all license types.

If the suggested rules are adopted, conforming amendments are necessary to other sets of rules that either cross-reference or give effect to the different disciplinary procedural rules for lawyers, LLLTs, and LPOs. These amendments are largely technical in nature, although some are substantive. The Executive Director simultaneously submitted suggested conforming amendments to the Court by separate GR 9.

Please review the complete GR 9 package for more information:

Under GR 9, after a rule change is requested the Court makes an initial determination as to whether a suggested rule has merit and whether it should be rejected, adopted as a technical change, or published for public comment. See GR 9(f).

Please direct questions to WSBA's Disciplinary Program Manager Thea Jennings at theaj@wsba.org.