Become A Member
MEMBERSHIP ELIGIBILITY RULES
NATIONAL COLLEGE FOR DUI DEFENSE, INC.
"GENERAL MEMBERS"
The following "Membership Eligibility Rules" shall govern membership of General Members of the National College For DUI Defense (the "College"):
1. MISSION AND PURPOSE
The National College for DUI Defense, Inc. has recognized an emerging practice area within the criminal defense bar for those defenders who represent individuals accused of driving under the influence of intoxicants and other related crimes and the need for specialized education to practice in the practice area. The primary mission and purpose of the College is to promote the public welfare by providing a higher level of training in this unique area of criminal defense law. To accomplish its mission and purpose, the National College for DUI Defense, Inc. has established the "General Member" class of membership for attorneys who have demonstrated minimum standards of competence and expertise among attorneys practicing DUI defense law and who meet the other eligibility criteria established for the class by the Board of Regents.
2. GENERAL MEMBERSHIP TERM AND STATUS
The term of membership as a "General Member" will be for one (1) year; provided that the membership may terminated as provided in the Bylaws and these Membership Eligibility Rules. Membership may be renewed from year to year upon re-application and acceptance by the Board of Regents. Membership in the College is a discretionary privilege conferred by the College and is not a property right. No Member shall have any vested right to become or remain a Member.
3. GENERAL MEMBERSHIP REQUIREMENTS
An attorney licensed to practice law in any state or province of the United States, Canada or Australia and who satisfies the general requirements for membership set forth in the Bylaws and the following minimum standards set forth below may apply for membership as a "General Member":
3.1 APPLICATION
A request to become a "General Member" by an applicant shall be in writing and directed to the Membership Committee of the College. Such request shall include information about the applicant and shall be accompanied by two completed reference forms.
3.2 LICENSED TO PRACTICE
The applicant must be admitted and currently eligible to practice law before the Bar of any of the United States Courts or the highest court of the District of Columbia or any state, territory or insular possession of the United States, or admitted and currently eligible to practice law before the Bar of the highest court of the applicant's respective state or province.
3.3 SUBSTANTIAL INVOLVEMENT
An applicant must have substantial current involvement in the practice area of DUI defense and other related offenses.
3.4 REFERENCES
The applicant shall submit a minimum of two (2) reference letters from currently-sitting judges or from licensed attorneys with at least five years of practice who emphasize DUI defense in their current practice (at least 50% of practice devoted to DUI defense) who are familiar with the applicant and who attest to the applicant's competency in the area of DUI defense and are familiar with the applicant and attest to his or her good character and competency in the area of DUI defense. Reference forms are available from the College and will be sent to the applicant upon request The completed reference forms must be returned to the College together with the applicant's application for membership. The completed reference forms will be initially reviewed by the Membership Committee and reported to the Board of Regents.
3.5 PROFESSIONAL INQUIRY OR DISCIPLINE
Applicants shall be required to report to the College any professional inquiry or discipline imposed upon them in any jurisdiction in which they are licensed or permitted to practice as a condition of application. Failure to do so shall constitute grounds for disapproval of the application. A report of any professional inquiry or disciplinary action shall be directed to the Dean of the College for referral to the Board of Regents. Any disciplinary action taken against the General Member by the Member's attorney licensing authority or a judgment entered against the Member resulting from his/her conduct as an attorney in a court of competent jurisdiction shall be grounds for denying an application for membership.
3.6 ANNUAL GENERAL MEMBERSHIP FEE
Applicants who are accepted for membership as a "General Member" shall pay an annual General Membership Fee set by the Board of Regents. The membership fee is subject to change from time to time by the Board of Regents.
4. RENEWAL OF MEMBERSHIP
To be considered for membership renewal, a General Member must have adopted and satisfactorily completed a continuing course of education for the re-application period. A General Member must show continued competence in the field of DUI defense under the following minimum standards in order to be considered for membership renewal:
4.1 SUBSTANTIAL INVOLVEMENT
An applicant must have substantial involvement in the DUI defense field throughout the current membership period as demonstrated by a continuous practice of DUI defense. The requirements for substantial involvement are established in the same manner as set forth in the application for original membership under Section 3 and the applicant must attend at least one seminar every two (2) years that is sponsored or co-sponsored by the College or a State seminar listed on the College website, and submit satisfactory evidence of such attendance to the College.
4.2 INDEPENDENT REVIEW
Independent review as established in and set forth in an application for original membership under Section 3.1 is not generally required for renewal but may be required as a condition of renewal for good cause in discretion of the Dean of the College.
4.3 CURRENT ELIGIBILITY TO PRACTICE LAW
An applicant for renewal must be currently licensed to practice law before the Bar of any of the United States Courts or the highest court of the District of Columbia or any state, territory or insular possession of the United States, or admitted and currently eligible to practice law before the Bar of the highest court of the applicant's respective state or province.
5. REPORTING REQUIREMENT FOR MEMBERS
As a condition of continued membership, Members shall report to the College any professional inquiry or discipline imposed upon them in any jurisdiction in which they are licensed or permitted to practice law. Failure to do so shall constitute good cause for membership termination. A report of any professional inquiry or disciplinary action shall be directed to the Dean of the College for referral to the Board of Regents. Any disciplinary action taken against the Member by the Member's attorney licensing authority or a judgment entered against the Member resulting from his/her conduct as an attorney in a court of competent jurisdiction shall be grounds for disapproval of an application and good cause for termination of membership.
6. MEMBERSHIP COMMITTEE
A Membership Committee is appointed to advise the College on the qualifications and credentials of its Members. The Committee is responsible for conducting an independent evaluation of the qualifications and credentials of each applicant in accordance with the Bylaws and these rules and then recommending approval or disapproval of the application to the Board of Regents.
6.1 APPOINTMENT OF THE MEMBERSHIP COMMITTEE
The Membership Committee shall be appointed by the Dean of the College and shall consist of a minimum of two members of the Board of Regents. The Committee shall serve at the pleasure of the Dean.
6.2 MEMBERSHIP COMMITTEE'S RESPONSIBILITY AND ACTIONS
The Membership Committee is responsible for reviewing all applications for membership and reporting to the Board of Regents whether the application is complete and whether the applicant is qualified and competent.
Unless otherwise extended, the Membership Committee's responsibilities shall end after a final decision on an individual application for membership has been made by vote of the Board of Regents.
6.3 RECOMMENDATION FOR MEMBERSHIP OR RE-APPLICATION
The recommendation for or against membership shall be made by the Membership Committee to the Board of Regents. The final action of the Board of Regents for approval or disapproval of an applicant is final upon two-thirds majority vote of the Regents present at a meeting called for the purpose and at which a quorum of the Board is present.
7. TERMINATION OF MEMBERSHIP
A General Membership shall be subject to termination for failure to maintain the standards and requirements for General Members contained in these Membership Eligibility Rules.
In addition, any current member of the Board of Regents may make a written request to the Dean that a Member's membership should be terminated for good cause or because termination would be in the best interests of the College. The written request must contain the grounds for termination. Due to the fact that a member does not have any rights or vested status in membership, a member waives any and all rights to seek damages and/or any other remedy or redress from the College, a Regent, or any member, officer, employee or agent of the College.
Any behavior or conduct of a Member that would, in the discretion of the Board of Regents, not be in the best interests of the college, cause substantial harm to the College's image or standing or jeopardize the success of its mission and purpose, shall be good cause for termination of membership. Any Member whose membership is terminated shall not be entitled to a refund of membership fees paid.
8. GOVERNING LAW AND JURISDICTION.
Membership in the College shall be governed by the laws of the State of Washington. Exclusive jurisdiction and venue for any dispute arising from or related to membership in the College shall be resolved by litigation under the laws of the State of Washington, in the King County Superior Court, Kent Regional Justice Center, Kent, Washington, and shall be the exclusive jurisdiction and venue.
9. VOTE ON MEMBERSHIP
Absent an abuse of discretion, the vote by the Board of Regents for approval, disapproval or termination of a membership is final and binding and shall be transmitted in writing to the applicant/member. Any vote concerning membership shall require a two-thirds majority vote of the Regents present at a meeting called for the purpose and at which a quorum of the Board is present.
10. ENDORSEMENT PRIVILEGES
10.1 A General Member of the College shall be permitted to use the designation "Member" or "General Member" of the "National College for DUI Defense" to recognize his or her affiliation with the College provided that such designation is permitted by the laws, rules, and regulations which both legally and ethically govern lawyers in their respective state(s). NO OTHER FORM OF DESIGNATION OF AFFILIATION WITH THE COLLEGE MAY BE USED TO IDENTIFY A GENERAL MEMBER'S AFFILIATION WITH THE COLLEGE.
10.2 A General Member who holds an office or appointed position of College, such as Dean, Regent, State Delegate, Committee Member, etc., may also include such designation in any statement.
10.3 Not withstanding anything to the contrary contained in these Membership Eligibility rules, no Member may represent, state, or imply, directly or indirectly, that he or she is "certified," "approved," "authorized," or "recognized" in any way by the College by virtue of having attended, or presented or spoken at, any course or program sponsored by the College or by virtue of his or her Membership.
10.4 No Member who has not received official notification from the College that he or she has successfully achieved Board Certification from the College may make any statement, reference or implication that the member has achieved such certification from the College.
10.5 No Member may state or imply any endorsement or approval from the host facility at which the College may have conducted a seminar or session that the member attended. Specifically, no Member may state or imply that attendance at a College seminar or session held at or hosted by Harvard University or Harvard Law School confers any recognition, endorsement or approval by Harvard University or Harvard Law School, or constitutes attendance or course completion at Harvard University or Harvard Law School.
10.6 No Member is authorized or permitted to use the name, logo, or other proprietary marks or symbols of the National College for DUI Defense in any way except as expressly permitted by these Membership Eligibility Rules without the express and prior consent of the Board of Regents.
11. GENERAL MEMBERSHIP INFORMATION
Upon receipt of an application for membership, the Membership Committee will review the application and the applicant will be notified whether the application is complete and the General Membership Requirements are met. The applicant will be notified of approval or disapproval after the next scheduled bi-annual meeting of the Board of Regents.
Please read the Member Eligibility Rules carefully so that you fully comply with all of these requirements.
After the Board of Regents accepts your completed application, and you are accepted, you will become a "General Member" of the National College for DUI Defense, Inc. for that year. Your membership is renewable, provided you maintain an active DUI defense practice and meet the standards for re-application.
There is an Annual "General Member" fee as set by the Board of Regents assessed for each year as a "General Member".
Thank you for your interest in the Certification Program.
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Rhea Kirk
Executive Director