Wash. R. for Enforcement of Lawyer Conduct 12.4

(a) Decisions Subject to Discretionary Review. Respondent or disciplinary counsel may

seek discretionary review of Board decisions under rule 11.12(e) not subject to appeal under

rule 12.3. The Court accepts discretionary review only if:

(1) the Board’s decision is in conflict with a Supreme Court decision;

(2) a significant question of law is involved;

(3) there is no substantial evidence in the record to support a material finding of fact on

which the Board’s decision is based; or

(4) the petition involves an issue of substantial public interest that the Court should

determine.

(b) Petition for Review. Respondent or disciplinary counsel may seek discretionary

review by filing a petition for review with the Clerk within 30 days of service of the Board’s

decision on respondent.

(c) Content of Petition; Answer; Service; Decision. A petition for review should be

substantially in the form prescribed by RAP 13.4(c) for petitions for Supreme Court review of

Court of Appeals decisions. References in that rule to the Court of Appeals are considered

references to the Board. The appendix to the petition or an appendix to an answer or reply may

additionally contain any part of the record, including portions of the transcript or exhibits, to

which the party refers. RAP 13.4(d) (h) governs answers and replies to petitions for review and

related matters including service and decision by the Court.

(d) Subsequent Petition By Other Parties. If a timely petition for discretionary review is

filed by the Respondent or disciplinary counsel, and the other party wants relief from the Board’s

decision, they must file a petition for discretionary review with the Clerk within the later of:

(1) 14 days after service of the petition filed by the other party, or

(2) the time for filing a petition under subsection (b) of this rule.

(e) Filing Fee. The first party to file a petition for discretionary review must, at the time

the petition is filed, either pay the statutory filing fee to the Clerk of the Disciplinary Board by

cash or by check made payable to the Clerk of the Supreme Court, or by appropriate motion

apply to the Clerk of the Supreme Court for a waiver of the filing fee based upon a showing of

indigency.

(f) Acceptance of Review. The Court accepts discretionary review of a Board decision by

granting a petition for review. Upon acceptance of review, the same procedures apply to matters

subject to appeal and matters subject to discretionary review.