Rule ELPOC 7.2 - INTERIM SUSPENSION IN OTHER CIRCUMSTANCES(a)Types of Interim Suspension.(1)Discipline Committee Finding of Risk to Public. Disciplinary counsel may petition the Supreme Court for an order suspending the respondent LPO during the pendency of any proceeding under these rules if: (A) it appears that a respondent's continued practice as an LPO poses a substantial threat of serious harm to the public; and(B) the discipline committee recommends an interim suspension.(2)Board Recommendation for Revocation. When the Board enters a decision recommending revocation, disciplinary counsel must file a petition for the respondent's suspension during the remainder of the proceedings. The respondent must be suspended absent an affirmative showing that the respondent's continued practice as an LPO will not be detrimental to the administration of justice or be contrary to the public interest. If the Board's decision is not appealed and becomes final, the petition need not be filed, or if filed may be withdrawn.(3)Failure To Cooperate with Investigation. When any LPO fails without good cause to comply with a request under rule 5.3(e) for information or documents, or with a subpoena issued under rule 5.3(e), or fails to comply with disability proceedings as specified in rule 8.2(d), disciplinary counsel may petition the Court for an order suspending the LPO pending compliance with the request or subpoena. If the LPO complies with the request or subpoena, the LPO may petition the Court to terminate the suspension on terms the Court deems appropriate.(b)Procedure.(1)Petition. A petition to the Court under this rule must set forth the acts of the LPO constituting grounds for suspension, and if filed under subsection (a)(2) must include a copy of the Board's decision. The petition may be supported by documents or affidavits. The Board must serve the petition by mail on the day of filing. In addition, a copy of the petition must be personally served on the LPO no later than the date of service of the show cause order.(2)Show Cause Order. Upon filing of the petition, the Chief Justice orders the LPO to appear before the Court on a date set by the Chief Justice, and to show cause why the petition for suspension should not be granted. Disciplinary counsel must have a copy of the order to show cause personally served on the LPO at least ten days before the scheduled show cause hearing. Subsection (b)(5) notification requirements must be included in the show cause order.(3)Answer to Petition. The LPO may answer the petition. An answer may be supported by documents or affidavits. Failure to answer does not result in default or waive the right to appear at the show cause hearing.(4)Filing of Answer. A copy of any answer must be filed with both the Court and disciplinary counsel by the date specified in the show cause order, which will be at least five days before the scheduled show cause hearing.(5)Notification. The LPO must inform the court no less than 7 days prior to the show cause hearing whether the LPO will appear for the show cause hearing, or the hearing will be stricken and the Court will decide the matter without oral argument.(6)Application of Other Rules. If the Court enters an order suspending the LPO, the rules relating to suspended LPOs, including Title 14, apply.Wash. Admi. And. Prac. R. ELPOC 7.2
Adopted effective 1/1/2009.