[WSBARP] Supreme Court halts bylaw reform by WSBA

Sun Sep 23 22:55:07 PDT 2018

Colleagues,

I am the District 2 Governor to the WSBA and a member of the Real Property, Probate & Trust Section.  I received the attached letter last Friday, September 21st, from the chief justice of the supreme court which was directed to the governors of the WSBA.  As you will see, it directs us to cease taking any action on the proposed bylaw amendments which were scheduled for first read at the meeting of the Board on September 27-28 (copies are attached).  It also advises that the court intends to review the structure of the bar association including governance, tells us to honor the executive director's role in overseeing disciplinary matters and to avoid interfering with her in that regard, and addresses several other matters.  This is an unprecedented action and the members need to know what the court is attempting to do.   Also attached are two charts from the WSBA showing the "chain of command" and the regulatory vs. association functions of the WSBA.

I would also refer people to the Bar Act, ch. RCW 2.48, and specifically the following provisions:

RCW 2.48.010
Objects and powers.
There is hereby created as an agency of the state, for the purpose and with the powers hereinafter set forth, an association to be known as the Washington State Bar Association, hereinafter designated as the state bar, which association shall have a common seal and may sue and be sued, and which may, for the purpose of carrying into effect and promoting the objects of said association, enter into contracts and acquire, hold, encumber and dispose of such real and personal property as is necessary thereto.
[ 1933 c 94 § 2; RRS § 138-2.]

RCW 2.48.030
Board of governors.
There is hereby constituted a board of governors of the state bar which shall consist of not more than fifteen members, to include: The president of the state bar elected as provided by the bylaws of the association, one member from each congressional district now or hereafter existing in the state elected by secret ballot by mail by the active members residing therein, and such additional members elected as provided by the bylaws of the association. The members of the board of governors shall hold office for three years and until their successors are elected and qualified. Any vacancies in the board of governors shall be filled by the continuing members of the board until the next election, held in accordance with the bylaws of the association.
The board shall not be deemed to be unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.
[ 1982 1st ex.s. c 30 § 1; 1972 ex.s. c 66 § 1; 1933 c 94 § 5; RRS § 138-5.]

RCW 2.48.040
State bar governed by board of governors.
The state bar shall be governed by the board of governors which shall be charged with the executive functions of the state bar and the enforcement of the provisions of RCW 2.48.010 through 2.48.180 and all rules adopted in pursuance thereof. The members of the board of governors shall receive no salary by virtue of their office.
[ 1933 c 94 § 6; RRS § 138-6.]

RCW 2.48.050
Powers of governors.
The said board of governors shall have power, in its discretion, from time to time to adopt rules
(1) concerning membership and the classification thereof into active, inactive and honorary members; and
(2) concerning the enrollment and privileges of membership; and
(3) defining the other officers of the state bar, the time, place and method of their selection, and their respective powers, duties, terms of office and compensation; and
(4) concerning annual and special meetings; and
(5) concerning the collection, the deposit and the disbursement of the membership and admission fees, penalties, and all other funds; and
(6) providing for the organization and government of district and/or other local subdivisions of the state bar; and
(7) providing for all other matters, whether similar to the foregoing or not, affecting in any way whatsoever, the organization and functioning of the state bar. Any such rule may be modified, or rescinded, or a new rule adopted, by a vote of the active members under rules to be prescribed by the board of governors.
[ 1933 c 94 § 7; RRS § 138-7.]

I would appreciate hearing any thoughts you or others may have.

Regards,
Carla Higginson, District 2 Governor
___________________________

Carla J. Higginson, Attorney
Higginson Beyer, P.S.    [cid:image004.png at 01D142F8.438976E0]
Friday Harbor Office:
175 Second Street North, Friday Harbor, Washington 98250 | Telephone: (360) 378-2185 | Facsimile: (360) 378-3935
Seattle Office:
701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206) 623-8888 | Facsimile: (360) 378-3935

carla at higginsonbeyer.com<mailto:carla at higginsonbeyer.com>
HigginsonBeyer.com

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