SUSTAINING MEMBERSHIP ELIGIBILITY RULES
NATIONAL COLLEGE FOR DUI DEFENSE, INC.
The following "Membership Eligibility Rules" shall govern membership of Sustaining Members of the National College For DUI Defense, Inc.:
1. MISSION AND PURPOSE
The National College for DUI Defense, Inc. (the "College") serves a practice area within criminal defense for those lawyers who represent individuals accused of driving under the influence of intoxicants and other related crimes. The primary mission and purpose of the College is to fulfill the need for specialized education dedicated to the defense of persons in intoxication related cases. The College promotes the public welfare by providing the highest level of training in this unique area of criminal defense law so that lawyers defending these cases are armed with the education, knowledge, and skills to provide more than just the minimally competent representation guaranteed by the Sixth Amendment to the United States Constitution.
In furtherance of its mission and purposes, the College has established a "Sustaining Member" class of membership to recognize exceptional attorneys who meet the eligibility criteria established for sustaining membership by the Board of Regents and who through their knowledge, trial experience, continuing education and reputation among peers in the field of DUI defense have committed themselves to being leaders in furthering the educational mission of the College and in promoting the ideal that lawyers defending persons charged with intoxication related offenses deserve and should expect exceptionally well educated, well prepared, and competent representation.
2. SUSTAINING MEMBERSHIP TERM AND STATUS
The term of membership of a "Sustaining Member" will be for the lifetime of the Sustaining Member; provided that the membership may be terminated as provided in the Bylaws and these Membership Eligibility Rules. 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. SUSTAINING MEMBERSHIP REQUIREMENTS
An attorney shall be required to satisfy the minimum standards set forth below to become a "Sustaining Member" of the College.
An applicant for Sustaining Member status must be nominated for such membership by a current member of the Board of Regents.
3.2 SUBSTANTIAL INVOLVEMENT
An applicant for "Sustaining Member" must have substantial involvement in the practice area of DUI defense, including at least three (3) years immediately preceding the application. For purposes of Sustaining Membership, "substantial involvement" shall mean at least fifty percent (50%) of the applicant's practice is devoted to DUI defense and other related offenses. In addition, to remain in good standing a Sustaining Member must attend at least one seminar every two (2) years at a seminar sponsored/co-sponsored by NCDD or a State seminar listed on the NCDD website, and submit satisfactory evidence of such attendance to the College.
3.3 INDEPENDENT INQUIRY AND REVIEW
The applicant shall be required to submit a minimum of four (4) letters of reference. These references must be from sitting judges who have first hand knowledge of the applicant's competency in the area of DUI defense or from currently licensed attorneys who have first hand knowledge of the applicant's competency in the area of DUI defense and who currently emphasize DUI defense in their practice, i.e., that DUI defense represents at least fifty percent (50%) of their active practice. The reference letters shall attest to the applicant's competency in the area of DUI defense. The letters of references should be submitted to the College with the application. The application and letters will be reviewed by the Membership Committee and reported to the Board of Regents. An application is not considered complete until the letters of reference are submitted. Reference forms are available from the College and will be sent to the applicant upon request.
A request to become a "Sustaining Member" by an applicant shall be in writing and directed to the Membership Committee of the College. Such request shall include a current resume and complete information regarding the applicant's current practice and emphasis on DUI defense.
3.5 CURRENT ELIGIBILITY TO PRACTICE LAW
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.
3.6 PROFESSIONAL INQUIRY OR DISCIPLINE
"Sustaining Member" applicant attorneys 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 as a condition of application. Failure to do so shall constitute good cause 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.
3.7 SUSTAINING MEMBERSHIP FEE
An applicant who has been successfully approved as a Sustaining Member shall be required to pay a one time Sustaining Membership fee as set by the Board of Regents. A Sustaining Membership shall not become effective until the fee is paid.
4. CURRENT ELIGIBILITY TO PRACTICE LAW
As a continuing condition of membership in the College, applicants for membership and Members 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.
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 or 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
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. There is no "re-application" for a sustaining member, once accepted it is for the lifetime of the member unless terminated.
7. TERMINATION OF MEMBERSHIP
A Sustaining Membership shall be subject to termination for failure to maintain the standards and requirements for Sustaining 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 Sustaining Member of the College shall be permitted to use the designation "Member" or "Sustaining 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 SUSTAINING MEMBER'S AFFILIATION WITH THE COLLEGE.
10.2 A Sustaining 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 A Sustaining Member who has not received official notification from the College that he or she has successfully achieved Board Certification from the College may not 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, Harvard University and Harvard Law School in any way except as expressly permitted by these Membership Eligibility Rules without the express and prior consent of the Board of Regents.
11. SUSTAINING 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 Sustaining 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 "Sustaining Member" of the National College for DUI Defense, Inc., provided you maintain an active DUI defense practice and meet the standards for re-application.