Rules of the State Bar For the State Court of Yap Statement of ...

Rule 8. Admission Without Examination - Attorneys from Another JurisdictionAn applicant who is otherwise qualified for admission under Rule 5 is excused fromtaking the examination required by Rule 5 (a)(4) if he or she satisfies the following requirements:(a) Required License. The applicant must be a member in good standing of the bar of oneof the states of the Federated States of Micronesia, Supreme Court of the Federated States, astate, territory, or commonwealth of the United States, the Republic of Belau, or the MarshallIslands; and(b) Required Experience. The applicant must have been a member of the bar of his or herhome jurisdiction for a period of at least two years prior to admission to the State Bar; and(c) Reciprocity. The home jurisdiction of the applicant must permit members of the StateBar of Yap to be admitted to practice upon terms at least as favorable as those set forth in thisrule.Rule 9. Admission Without Examination - Citizens of the State of YapIn order to encourage natural born or adopted citizens of the State of Yap to pursue acareer in law, any Yapese citizen who is otherwise qualified for admission under Rule 5, shall beadmitted without the necessity of taking the examination required by Rule 5 (a)(4).Rule 10. Bar Examining Committee(a) General Examination and Frequency. The State Bar Examining Committee shalldevelop and administer the general examination required by Rule 5 (a)(4) in a manner whichfairly measures the relevant knowledge of the applicant. The examination may be written, ororal, or both. The examination shall be administered to applicants on Thursdays of the secondweek of August and March, and any other times determined by the court.(b) State Bar Examining Committee. A State Bar Examining Committee is herebyestablished. The Chief Justice of the State Court is authorized to appoint five (5) members, ingood standing, of the Bar to sit as members of this committee.(1) Examination. The committee shall develop, write, and correct all General andSpecial Bar examinations.(2) Power. The committee shall have power to examine all applicants foradmission to practice law and to administer the requirements for admission to practice. Thecommittee shall certify to the State Court for admission to practice law those persons, and onlythose persons who fulfill the requirements for admission to practice law provided in the Rules ofthe State Bar of Yap.(3) Meetings. Meetings of the committee may be held at such place in the stateand at such time as may be fixed by the committee. Notice of the time and place of all meetingsshall be given at least one day prior,thereto, arid such notice may be given by mail, or orally orby telephone.

(c) Investigation and Cost. In its discretion, the Court may require an independentinvestigation of any pending application and may charge the cost of such investigation to theapplicant.Rule 11. Admissions Pro Hac Vice(a) Appearance Permitted. An attorney who is a member of the bar of any otherjurisdiction may be permitted to appear in the State Court in any proceeding for which theattorney has been engaged by one of the parties to the action.(b) Duration. An admission under this rule shall be valid only for the appearance orproceeding for which it is granted.(c) Association Required. An attorney seeking admission under this Rule shall beassociated with a member of the State Bar of Yap, who shall be the attorney of record. The Courtmay, in its discretion, waive the requirement of this section.Rule 12. Oath(a) Content of Oath. Every applicant who is found by the Court to be qualified foradmission to the State Bar of Yap, shall appear in open court and take an oath or affirmation inthe following form:"I, [name of applicant], hereby solemnly swear [or affirm] that I will uphold the Charter [orConstitution] and laws of the State of Yap; that I will represent my client to the utmost of myability; that I will faithfully abide by the Code of Professional Responsibility; and that I will atall times conduct myself in a manner to uphold the dignity of this Court and the honor of thelegal profession."(b) Enrollment. Upon the taking of the oath, the applicant shall be enrolled as a memberof the State Bar of Yap.(c) Pro Hac Vice Admissions. An attorney who is admitted pro hac vice, under Rule 11,shall take the oath prescribed by subsection (a) of this rule, but shall not be enrolled as a memberof the State Bar.Rule 13. Code of Professional Responsibility(a) Observance Required. Every member of the State Bar of Yap shall conducthimself or herself in a manner consistent with the Code of Professional Responsibility aspromulgated by the American Bar Association.(b) Discipline or Disbarment. A member of the State Bar shall be subject todiscipline or disbarment by the Court for violation of the Code of Professional Responsibilityaccording to the written procedures that the Court establishes for that purpose.Comment: Section b has been amended to allow the Court to establish disciplinary procedurespursuant to court order. The procedures established by the court’s most recent (March 20, 2012)order are as follows:

Yap State Bar Association Ethics Complaint ProcedureYap State Court[Discipline Procedure] Rule 1. Initiating a Complainta) An individual such as a client or witness, a counselor, or the Yap State Court mayinitiate an ethics investigation against a counselor by filing a Yap State BarAssociation Counselor Grievance Form with the clerk of the Yap State Court. TheForm is available at the Yap State Court clerk’s office.[Discipline Procedure] Rule 2. Commencement of Disciplinary Proceedingsa) Upon receipt of a grievance form, the Chief Justice of the Yap State Court or, in thecase of a conflict of interest, his or her designee, shall, without unnecessary delay,evaluate the complaint and decide whether to further investigate it.b) If the Chief Justice or his or her designee finds that the complaint should be furtherinvestigated, he or she shall, without unnecessary delay, appoint two members of theYap State Bar Association to conduct the hearing against the counselor underinvestigation.c) After the Chief Justice or his or her designee has selected the bar members to conductthe hearing, these bar members shall, within 15 days of their selection, send a noticethat details the complaint against the counselor under investigation, the date of his orher hearing, and the names of the bar members who will conduct the hearing. Thecounselor under investigation may then object to the bar members chosen to conducthis or her hearing on the grounds of bias. If such an objection is made within 10 daysof receipt of the notice, the Chief Justice, or his or her designee, shall decide whetherthe allegedly biased member of the Yap State Bar shall be replaced.[Discipline Procedure] Rule 3. Hearing Proceduresa) Prior to a hearing on an alleged ethics violation, the investigating bar members andthe counselor under investigation have a right to discovery and may subpoenawitnesses. At a hearing on an alleged ethics violation, the investigating bar membersand the counselor under investigation may direct and cross examine witnesses andpresent evidence.b) Upon conclusion of the hearing, the bar members conducting it may censure,suspend, or disbar the counselor in a unanimous written decision. Such a decisionmust state findings of fact, conclusions of law, the ethical rule violated, and thedisciplinary action against the counselor in plain language.[Discipline Procedure] Rule 4. AppealThe counselor disciplined may then appeal the decision by filing a notice of appeal with the clerkof the Yap State Court within 10 days of receiving the decision. After filing such a notice, the

Chief Justice or his or her designee shall hear the appeal. The counselor under investigation maythen object on the grounds of bias in accordance with the procedures stated in Rule 5 above.a) Upon conclusion of the appeal hearing, the judge who conducted it shall issue adecision containing the final decision and an explanation of the reason that the earlierethics decision has or has not been modified.Rule 14. Scope of Applicability - Municipal Courts ExceptedThese rules shall not apply to appearances before the municipal courts nor to the practice oflaw in connection therewith.Rule 15. TitleThese rules shall be known and cited as the Rules of the State Bar of Yap. The form foran abbreviated citation shall be Rule _______, R.S.B.