WA Attorney Reinstatement

For attorneys in Washington the current Rules for Enforcement of Lawyer Conduct [ELC] has a very specific and apparently fatal/permanent requirement under ELC 9.3:

A respondent lawyer who desires not to contest or defend against allegations of misconduct may, at any time before the answer in any disciplinary proceeding is due, or thereafter with disciplinary counsel’s consent, resign their membership in the Association in lieu of further disciplinary proceedings.

                See (8)(c):

Resignation is Permanent. Resignation under this rule is permanent. A respondent who has resigned under this rule will never be eligible to apply and will not be considered for admission or reinstatement to the practice of law nor will the respondent be eligible for admission for any limited practice of law.

However, if such resignation is through reciprocal discipline (resignation in another jurisdiction) or without discipline here, then the practitioner may apply for reinstatement through the Clerk of Court, who will transmit the petition through the Chief Judge—they still must demonstrate that they are qualified and able to practice law before this court and that the circumstances that led the suspension or disbarment elsewhere have changed—why not here?  I.e., if someone who resigned in Washington in lieu of discipline, not reciprocated from actions in another jurisdiction, had circumstances that have dramatically changed as to the underlying allegations here, why can they not petition for reinstatement? 

It makes no rational sense and seems to be an arbitrary rule under the ELC, to permanently ban Washington attorneys for surrender in lieu of discipline for allegations that arise here but not for allegations that arise from other jurisdictions.  Also, attorneys who resign in Washington may very well be aware of an impending complaint, and circumvent this system, before a genuine complaint is made against their licensure but then be reinstated later. 

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