Rule ELPOC 2.3 - LIMITED PRACTICE BOARD(a)Function for purposes of these rules. The Board performs the functions provided under these rules, delegated by the Supreme Court, or necessary and proper to carry out its duties.(b)Membership.(1)Composition. The Board is composed as set forth in APR 12(b)(1).(2)Voting. Each member, including the Chair, whether nonlawyer or lawyer, has one vote.(3)Quorum. A majority of the Board members constitutes a quorum. If there is a quorum, the concurrence of a majority of those present and voting constitutes action of the Board, so long as at least five members vote.(4)Leave of Absence While Grievance Is Pending. If a grievance is filed against a member of the Board, the member shall take a leave of absence until the matter is resolved.(c)Disqualification.(1) A Board member should self-disqualify from a particular matter in which the member's impartiality might reasonably be questioned, including, but not limited to, instances in which: (A) the member has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the matter;(B) the member previously served as a lawyer or LPO or was a material witness in the matter in controversy, or a lawyer or LPO with whom the member works serves or has previously served as a lawyer or LPO concerning the matter, or such lawyer or LPO is or has been a material witness concerning the matter;(C) the member knows that, individually or as a fiduciary, the member or the member's spouse or relative residing in the member's household, has an economic interest in the subject matter in controversy or in a party to the matter, or is an officer, director, or trustee of a party or has any other interest that could be substantially affected by the outcome of the matter, unless there is a remittal of disqualification under section (d);(D) the member or the member's spouse or relative residing in the member's household, or the spouse of such a person: (i) is a party to the matter, or an officer, director, or trustee of a party;(ii) is acting as a lawyer or LPO in the matter;(iii) is to the member's knowledge likely to be a material witness in the matter;(d)Remittal of Disqualification. A member disqualified under subsection (c)(1)(C) or (c)(1)(D) may, instead of withdrawing from consideration of the matter, disclose on the record the basis of the disqualification. If, based on such disclosure, the parties and lawyers, independently of the member's participation, all agree in writing or on the record that the member's relationship is immaterial or that the member's economic interest is de minimis, the member is no longer disqualified, and may participate in the matter. If a party is not immediately available, the member may proceed on the assurance of the party's counsel that the party's consent will be subsequently given.(e)Counsel and Clerk. The Executive Director of the Association, under the direction of the Association's Board of Governors, may appoint a suitable person or persons to act as counsel and Clerk to the Board, to assist the Board and the discipline committee in carrying out their functions under these rules.(f)Restriction on Representing Respondents. Former members of the Board are subject to the restrictions on representing respondents in rule 2.11(b).Wash. Admi. And. Prac. R. ELPOC 2.3
Adopted effective 1/1/2009. Amended effective 1/1/2023.