[WSBARP] Important Update Regarding Legislation

[Brent Williams-Ruth]

This message is being sent on behalf of the RPPT Executive Committee.
Apologies if you already saw this on the PT ListServ.

*GR 12.2 and Keller Case Change How Sections of the WSBA Engage in
Legislative Process*

In the U.S. Supreme Court case, *Keller v. State Bar of California *(1990),
the Court ruled that a bar association may not use mandatory member fees to
support political or ideological activities that are not reasonably related
to the regulation of the legal profession or improving the quality of legal
services. In the last few years, there have been more frequent legal
challenges to mandatory bar organizations, including *Crowe v. Oregon State
Bar* (2024).



In the past, sections of the WSBA were able to comment on and take a
position on legislative changes. In light of recent legal challenges, under
GR 12.2(c), sections of the WSBA are not allowed to comment on legislative
changes unless the proposed legislation “relate(s) to or affect(s) the
practice of law or the administration of justice.”



Members of the WSBA in their *individual capacities* are still allowed to
propose new legislation and take a position on legislation. They are
allowed to bring other members of the WSBA together to comment, support
and/or oppose legislation. But the WSBA’s position as an organization (
*e.g.*, Board of Governors, WSBA Sections, WSBA Committees) cannot take a
position on legislation unless it relates to or affects the “practice of
law or the administration of justice.” Essentially limiting the WSBA as an
organization from advocating for legislation unless the issue is directly
related to the functioning of the legal system.



Pursuant to GR 12.2(b)(17), the WSBA is authorized to “maintain a
legislative presence to inform members of new and proposed laws and to
inform public officials about the organization’s positions and concerns.”
Therefore, each section of the bar still receives notice of new bills that
impact such section and is asked to respond to the legislative affairs
staff of the WSBA with one of four options: (1) bill is not relevant or of
interest to section, (b) track bill but do not take a position, (3) provide
technical drafting comments (typographical errors, mis-citations,
ambiguities, possible conflicts with other RCWs, suggested amendatory
language), and (4) taking a position on a bill after affirming the section
followed the WSBA legislative process (determined the bill meets GR 12.2;
and the executive committee of a WSBA Section voted and reached 75% or more
consensus).



This is a change we think has gone unnoticed by many individual members of
the WSBA. We want to bring this to your attention to make sure you
understand that while the leadership in the RPPT Section of the WSBA is
still working hard to keep our members informed by putting on CLEs,
providing the RPPT Newsletter, and sending out occasional updates on
legislation that may impact our section. In light of GR12.2 and *Keller*,
the RPPT Section cannot actually take a position on most legislation. The
RPPT Section will continue to review legislation, forward important
legislation on to the section members, and provide resources for members to
participate in the legislative process.



Current Bills that may be of interest to the Real Property side of the RPPT:

   - SB 5129 Concerning significant revisions to WUCIOA:
   https://app.leg.wa.gov/BillSummary/?BillNumber=5129&Year=2025&Initiative=false



To sign up for the 2025 legislative tracker, please email
sevierm at ballardspahr.com from your preferred email address.



You can find more information on how to participate in the lawmaking
process here: https://leg.wa.gov/learn-and-participate/



To take a position on legislation, we recommend utilizing the RPPT listserv
to find other individuals that would like to propose new legislation or
comment on proposed legislation.





Liberty Upton

WSBA RPPT, Probate and Trust Council Member

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /
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