[WSBARP] Important Update Regarding Legislation

Wed Feb 5 12:28:47 PST 2025

Thank you Brent.

I signed up for the tracker. Has anyone from the RPPT analyzed SB5129 setting forth amendments to WUCIOA? It’s on the WLTA list for review to determine our position from a title standpoint.

Lindsy

Lindsy C. Doucette
VP | State Underwriting Counsel
Pronouns:  She / Her / Hers
Mobile:  (206) 619-0451
Email:  Lindsy.Doucette at fnf.com<mailto:Lindsy.Doucette at fnf.com>

I will be out of the office on business February 6 and 7 returning February 10. During this time I will have limited availability. I will also be out of the office February 17-20 with nominal availability.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, February 5, 2025 9:46 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Liberty Upton <lupton at khbblaw.com>
Subject: [WSBARP] Important Update Regarding Legislation

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,

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<https://urldefense.com/v3/__https:/app.leg.wa.gov/BillSummary/?BillNumber=5129&Year=2025&Initiative=false__;!!LyAuvDCm-53-y27wV7iK5g!xjxvblAwBJB6uhatPefNTCQJhCFEK6ztDqLB1yPi_M_kWiYu0j-PCu9UAXBsyQdnFCyZIhHWgd319_o11c1zJjt6yA$>

To sign up for the 2025 legislative tracker, please email sevierm at ballardspahr.com<mailto: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/<https://urldefense.com/v3/__https:/leg.wa.gov/learn-and-participate/__;!!LyAuvDCm-53-y27wV7iK5g!xjxvblAwBJB6uhatPefNTCQJhCFEK6ztDqLB1yPi_M_kWiYu0j-PCu9UAXBsyQdnFCyZIhHWgd319_o11c0RCaxLcw$>

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

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