Rules of Professional Conduct for attorneys in king county in the state of Washington. who advise clients on marijuana issues. also the atterneys cant be prosecuted in the state for smoking marijuana . I have encrypted a section in red
October 4, 2013
The Honorable Barbara Madsen, Chief Justice
The Honorable Charles Johnson, Rules Committee Chairman
Washington State Supreme Court
Temple of Justice
P.O. Box 40929
Olympia, Washington 98504
Dear Justices Madsen and Johnson:
Enclosed please find a request by the King County Bar Association for expedited consideration
of suggested changes to the Rules of Professional Conduct for attorneys who advise clients on
issues where state law conflicts with federal law. Our suggested changes are specifically in
response to Washington Initiative 502, which deals with the legalization of marijuana.
Founded in 1886, the King County Bar Association represents over 14,000 attorneys, judges, law
professors, and law students in King County. Our mission is to support our diverse membership
by promoting a just, collegial, and accessible legal system and profession; to work with the
judiciary to achieve excellence in the administration of justice; and to serve our local community
through organized pro bono legal services.
KCBA has engaged in a comprehensive legal analysis and education program about drug policy
reform since 2001. We have published numerous reports, studies, and recommendations, hosted
expert policy forums and educational programs, and convened leading authorities in the legal and
medical professions, educators, and the law enforcement community including judges, defenders,
and prosecutors. We endorsed I-502 and have been carefully considering legal practice issues
related to its implementation.
Two areas of concern to us are the ethical dilemmas members of the bar face (1) when advising
clients about state laws that might be seen as in conflict with federal laws and (2) when
personally using marijuana.
At its August meeting, the KCBA Board of Trustees voted to support the creation of a new RPC
to address the conflict between state and federal law. The new rule would create a safe harbor for
attorneys and would provide that a lawyer would not be in violation of the RPCs or subject to
discipline for engaging in conduct, or for counseling or assisting a client to engage in conduct,
that by virtue of a specific provision of Washington law and implementing regulations is either
(a) permitted or (b) within an affirmative defense to prosecution under state criminal law, solely
because that same conduct, standing alone, may violate federal law.
October 4, 2013
Page 2
In addition, the Board subsequently voted to support a proposed comment to RPC 8.4
(Misconduct) that would also address the issue of a lawyer who engages in legal state action,
such as personal use of marijuana. The comment recognizes that a lawyer’s use of marijuana
may cause a lawyer to violate other state laws, such as prohibitions upon driving while impaired,
and other rules, such as the lawyer’s duties of competence and diligence. Such violations may
subject the lawyer to discipline. However, consuming marijuana in and of itself — like the
consumption of alcohol — would not be misconduct.
Under the Court’s regular rulemaking process, attorneys would be without guidance on these
issues until September of 2014 -- well after I-502's scheduled December 1, 2013 implementation
date. Attorneys who in good faith wish to advise clients on Washington State law should not
face the possibility of ethics complaints. We owe them and their clients timely guidance in this
area.
Given the concerns resulting from the deadline approved by the voters of Washington State,
KCBA respectfully asks the Court to act on our request under the expedited consideration
provisions of GR 9. If action cannot be completed by December 1, we ask that the Court adopt a
temporary moratorium on disciplinary action by the Washington State Bar Association related to
these issues until the Court can complete its consideration of our proposal.
We stand ready to provide additional information and offer any support that would be helpful to
the Court.
Sincerely,
Anne M. Daly
President, King County Bar Association
cc: Patrick Palace, President, Washington State Bar Association
Paula Littlewood, Executive Director, Washington State Bar Association
Andrew J. Prazuch, Executive Director, King County Bar Association
source of article
http://www.kcba.org/judicial/legislative/pdf/...100413.pdf
October 4, 2013
The Honorable Barbara Madsen, Chief Justice
The Honorable Charles Johnson, Rules Committee Chairman
Washington State Supreme Court
Temple of Justice
P.O. Box 40929
Olympia, Washington 98504
Dear Justices Madsen and Johnson:
Enclosed please find a request by the King County Bar Association for expedited consideration
of suggested changes to the Rules of Professional Conduct for attorneys who advise clients on
issues where state law conflicts with federal law. Our suggested changes are specifically in
response to Washington Initiative 502, which deals with the legalization of marijuana.
Founded in 1886, the King County Bar Association represents over 14,000 attorneys, judges, law
professors, and law students in King County. Our mission is to support our diverse membership
by promoting a just, collegial, and accessible legal system and profession; to work with the
judiciary to achieve excellence in the administration of justice; and to serve our local community
through organized pro bono legal services.
KCBA has engaged in a comprehensive legal analysis and education program about drug policy
reform since 2001. We have published numerous reports, studies, and recommendations, hosted
expert policy forums and educational programs, and convened leading authorities in the legal and
medical professions, educators, and the law enforcement community including judges, defenders,
and prosecutors. We endorsed I-502 and have been carefully considering legal practice issues
related to its implementation.
Two areas of concern to us are the ethical dilemmas members of the bar face (1) when advising
clients about state laws that might be seen as in conflict with federal laws and (2) when
personally using marijuana.
At its August meeting, the KCBA Board of Trustees voted to support the creation of a new RPC
to address the conflict between state and federal law. The new rule would create a safe harbor for
attorneys and would provide that a lawyer would not be in violation of the RPCs or subject to
discipline for engaging in conduct, or for counseling or assisting a client to engage in conduct,
that by virtue of a specific provision of Washington law and implementing regulations is either
(a) permitted or (b) within an affirmative defense to prosecution under state criminal law, solely
because that same conduct, standing alone, may violate federal law.
October 4, 2013
Page 2
In addition, the Board subsequently voted to support a proposed comment to RPC 8.4
(Misconduct) that would also address the issue of a lawyer who engages in legal state action,
such as personal use of marijuana. The comment recognizes that a lawyer’s use of marijuana
may cause a lawyer to violate other state laws, such as prohibitions upon driving while impaired,
and other rules, such as the lawyer’s duties of competence and diligence. Such violations may
subject the lawyer to discipline. However, consuming marijuana in and of itself — like the
consumption of alcohol — would not be misconduct.
Under the Court’s regular rulemaking process, attorneys would be without guidance on these
issues until September of 2014 -- well after I-502's scheduled December 1, 2013 implementation
date. Attorneys who in good faith wish to advise clients on Washington State law should not
face the possibility of ethics complaints. We owe them and their clients timely guidance in this
area.
Given the concerns resulting from the deadline approved by the voters of Washington State,
KCBA respectfully asks the Court to act on our request under the expedited consideration
provisions of GR 9. If action cannot be completed by December 1, we ask that the Court adopt a
temporary moratorium on disciplinary action by the Washington State Bar Association related to
these issues until the Court can complete its consideration of our proposal.
We stand ready to provide additional information and offer any support that would be helpful to
the Court.
Sincerely,
Anne M. Daly
President, King County Bar Association
cc: Patrick Palace, President, Washington State Bar Association
Paula Littlewood, Executive Director, Washington State Bar Association
Andrew J. Prazuch, Executive Director, King County Bar Association
source of article
http://www.kcba.org/judicial/legislative/pdf/...100413.pdf
