For the first time in more than 30 years, the Washington Supreme Court issued an opinion on the character and fitness test for admission under the Admission and Practice Rules (APR). In re Simmons was an appeal from the WSBA Character and Fitness Board’s denial of Tarra Simmons’ application to sit for the bar exam. Simmons, a magna cum laude graduate of Seattle University School of Law, Dean’s Medal recipient, and Skadden Fellow, also had a troubled history of substance abuse and drug-related crimes that led to prison. In its unanimous opinion, the Supreme Court overturned the decision of the Character and Fitness Board and provided some guidance as to the application of the factors for determining good moral character and fitness to practice law set out in the APRs. Simmons sat for the bar exam, passed it, and is now a member of the Washington State Bar Association.
But how did the two adjudicatory bodies looking at the same record reach opposite results? Who is Tarra Simmons? And, after a historic turn of events, what should WSBA members know about the internal workings of the Character and Fitness Board?
The July issue of NWLawyer takes a deep dive into these questions and more with an examination of the character and fitness review process, an analysis of the Supreme Court’s reversal of the Character and Fitness Board’s decision, and a first-hand account from Simmons herself. Read more
In a case of first impression in Washington, the Supreme Court recently held that the double jeopardy provisions of the United States and Washington Constitutions do not apply to lawyer discipline proceedings. In re Waechter, ___ Wn.2d ___, 419 P.3d 827, 2018 WL 2977072 (June 14, 2018), involved a lawyer who had allegedly converted client funds from his trust account. Read more
We were holed up in our apartment in Ciudad de Mexico as rain turned the streets into navigable waterways. Although the city is nestled in a vast mountain valley, “CDMX” has a great seafood scene and our hearts were set on ceviche. That we were apartment-bound turned out to be no problem. I scrolled through Uber Eats and found the top-rated spot miles away on the far side of Chapultepec park. Click, click, click. Twenty minutes later, a poncho-enshrouded biker showed up with citrusy prawns and piping hot soup.
Wow. Read more
Their story was first picked up by The Wall Street Journal, and has been covered by CBS Sunday Morning and ESPN as well. Now, after nearly 30 years of tag, the story has been made into a movie, “Tag,” released in June. WSBA Editorial Advisory Committee Chair Renee McFarland asked Schultheis about the game, how it started, and how it piqued Hollywood’s attention. Here’s their full Q&A, a portion of which appears in the July issue of NWLawyer. Read more
A recent decision by the U.S. Supreme Court over a land dispute between two Skagit County land owners and the Upper Skagit Indian Tribe provided some clarification on an earlier Washington Supreme Court precedent, but left open a much larger question concerning tribal sovereign immunity. Read more