Judges And Legal Practice: Washington State's Unique Scenario

In Washington State, the answer is no – no judge of a court of record shall practice law in any court of the state during their continuance in office. However, there are alternative routes to becoming a lawyer in Washington State. For example, the Washington State Bar Association's Law Clerk Program is a four-year alternative to law school, where applicants must have full-time employment with a lawyer or judge. This route, however, only qualifies you to practice law in Washington State.

Washington State Bar Association's Law Clerk Program

The Washington State Bar Association's Law Clerk Program is an alternative to law school. It is a four-year program that provides educational and practical experience through a combination of work and study with an experienced lawyer or judge. The program is authorised under Rule 6 of the Washington Supreme Courts Admission and Practice Rule (APR 6).

To qualify for the program, applicants must have good moral character, a bachelor's degree, and regular, paid, full-time employment in Washington with a lawyer or judge who has at least 10 years of active experience and will serve as the applicant's primary tutor. Applicants must find their own employment, and neither the WSBA nor the Law Clerk Board can assist with finding an employer/tutor.

During the program, each month, the tutor will prepare and administer an examination based on what the clerk has studied. Tutors will submit monthly certificates to the Board and a certificate of completion at the end of the program. After completing 30 courses, a law clerk is eligible to apply for a Rule 9 license. A Rule 9 application can be accessed via the online admissions portal and must be submitted with a Rule 9 tutor approval form.

Upon completion of the program, a law clerk is eligible to apply for the Washington lawyer bar examination. However, it is important to note that the program is not accredited by the American Bar Association (ABA). It meets the requirements for eligibility to sit for the bar exam in Washington state only and may not satisfy the requirements for admission in other states.

In addition to Washington, several other states offer apprenticeships in place of completing law school, including California, Vermont, Virginia, New York, Maine, and West Virginia. However, these states may require some completion of law school or have other specific requirements that must be met.

Qualifications to practice law in Washington

To practice law in Washington, one must meet the qualifications stated in the Washington Supreme Court Admission and Practice Rule (APR) 3. All applicants are subject to a character and fitness review prior to being admitted to practice law in the state.

To qualify to take the Washington lawyer bar exam, one must have:

• Graduated from an ABA-accredited law school with a Juris Doctor degree.
• Completed the Washington Supreme Court APR 6 Law Clerk Program. This program requires full-time employment in Washington as a law clerk with a judge, a lawyer, or a law firm, and includes 120 hours of study each month for four years.
• Graduated with a Juris Doctor from any U.S. law school and earned an LLM degree that meets the requirements of Washington Supreme Court APR 3 from an ABA-approved law school.
• Graduated from a university or law school outside of the U.S. with a degree in law that qualifies the applicant to practice law in that jurisdiction and earned an LLM degree that meets the requirements of Washington Supreme Court APR 3 from an ABA-approved law school.

Alternatively, in California, Vermont, Virginia, and Washington, one can take the bar exam without going to law school through a structured apprenticeship program known as a Bar Apprentice. This route is time-consuming and limits one from practicing law in any other state in the country.

Washington Court of Appeals

In Washington, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts. The Washington Court of Appeals was created in 1969, with its judges elected to six-year terms. The 22 judges of the Washington Court of Appeals are selected through contested nonpartisan elections and must run for re-election when their terms expire. To serve on the court of appeals, a judge must be a resident of their district for at least one year and admitted to practice law in the Washington courts for a minimum of five years.

The Washington Court of Appeals is an important part of the state's judicial system, handling appeals from lower courts. The court is made up of three divisions, with a presiding chief judge chosen through a peer vote and serving a one-year term. In the event of a midterm vacancy, the governor appoints a replacement until the next general election.

The Washington Court of Appeals is also involved in judicial conduct and qualifications matters. A commission on judicial conduct, consisting of judges from the court of appeals, superior courts, and district courts, as well as lawyers and non-attorneys, exists as an independent agency of the judicial branch. This commission addresses issues related to the conduct of judges and can make recommendations for censure, suspension, or removal if judicial conduct rules are violated.

Additionally, the Washington Court of Appeals plays a role in the admission and practice of law in the state. The court's decisions can impact the requirements and regulations for individuals seeking to become lawyers or judges in Washington. For example, the court's Admission and Practice Rules (APR) outline the Law Clerk Program, an alternative to law school that allows individuals to gain admission to the practice of law in Washington without a J.D. degree.

Becoming a judge in Washington

In Washington, judges are selected either through nonpartisan elections or by appointment. Judges are elected by the people, and candidates are listed on the ballot without a label designating their political affiliation.

To be eligible to serve as a district court judge in Washington, a person must meet the following requirements:

• Be a registered voter in the district court district and electoral district.
• Be admitted to practice law in the state of Washington for at least five years prior to taking office.
• In districts with a population of fewer than 5,000 people, a person must have taken and passed, by January 1, 2003, the qualifying examination for a lay candidate for judicial officer as provided by the rules of the supreme court.

In Washington, one can take the bar exam without attending law school through a structured apprenticeship program known as a Bar Apprentice. This program requires studying under the supervision of an attorney or judge for a specified number of hours each week for a certain number of years.

Alternatively, one can choose to attend an ABA-accredited law school and take the LSAT for admission. After completing law school, one can then take the bar exam and become a licensed lawyer.

It is important to note that if one chooses to take the bar exam without attending law school, they may only practice law in Washington and cannot practice in any other state in the country.

Washington State Bar Association

The Washington State Bar Association (WSBA) offers a four-year Law Clerk Program as an alternative to law school. The program is authorised under Rule 6 of the Washington Supreme Courts Admission and Practice Rule (APR 6) and combines work and study with a lawyer or judge. The program qualifies participants to take the Washington lawyer bar examination.

To apply for the Law Clerk Program, applicants must have good moral character, a bachelor's degree, and full-time employment in Washington state with a lawyer or judge with at least ten years of experience. Applicants must find their own employment and will be tested on their character and fitness before being admitted to practice law in Washington.

The WSBA also offers a Judicial Status membership for lawyers who hold a qualified judicial or adjudicative position. Those on Judicial Status are not permitted to practice law and are not eligible to vote in Bar matters. Judicial officers who are no longer eligible for judicial status and take no action to change to another status will be transferred to inactive status and must comply with the requirements.

The WSBA has 28 sections, including the Administrative Law Section, which serves the interests of attorneys, administrative law judges, hearing officers, and other judicial personnel.

Frequently asked questions