Rule 31.19 - Certification and pro bono participation of emeritus attorneys(1)Purpose. This rule establishes the emeritus attorneys pro bono participation program.(2)Definitions.a. Emeritus attorney. An "emeritus attorney" is any person who is admitted to practice law in Iowa and is on inactive, active, or retired status at the time of application, or who is or was admitted to practice law before the highest court of any other state or territory of the United States or the District of Columbia, and: (1) Does not have a pending disciplinary proceeding.(2) Has never been disbarred or had a license to practice law revoked in any jurisdiction.(3) Agrees to abide by the Iowa Rules of Professional Conduct and submit to the jurisdiction of the Iowa Supreme Court, the Iowa Supreme Court Attorney Disciplinary Board, and the Iowa Supreme Court Grievance Commission for disciplinary purposes.(4) Neither requests nor accepts compensation of any kind for the legal services to be rendered under this chapter.(5) Is certified under this rule.b. Active. For purposes of this rule, "active" describes lawyers with the status of corporate, full-time, part-time, government, judge, or military service for purposes of the Client Security Commission.c. Approved legal aid organization. For purposes of this rule, an "approved legal aid organization" includes a program sponsored by a bar association, law school, or a not-for-profit legal aid organization, approved by the Iowa Supreme Court, whose primary purpose is to provide legal representation to low-income persons in Iowa. A legal aid organization seeking approval from the court for the purposes of this rule must file a petition with the office of professional regulation certifying that it is a not-for-profit organization and reciting with specificity: (1) The structure of the organization and whether it accepts funds from its clients.(2) The major sources of funds the organization uses.(3) The criteria used to determine potential clients' eligibility for legal services the organization performs.(4) The types of legal and nonlegal services the organization performs.(5) The names of all members of the Iowa bar the organization employs or who regularly perform legal work for the organization.(6) The existence and extent of malpractice insurance that will cover the emeritus attorney.(7) The number of attorneys on the organization's board of directors.(8) The availability of in-house continuing legal education.(3)Activities.a. Permissible activities.An emeritus attorney, in association with an approved legal aid organization, may perform the following activities: (1) The emeritus attorney may appear in any court or before any administrative tribunal in this state on behalf of a client of an approved legal aid organization.(2) The emeritus attorney may prepare pleadings and other documents to be filed in any court or before any administrative tribunal in this state in any matter in which the emeritus attorney is involved. Such pleadings must include the attorney's status as emeritus attorney and the name of the approved legal aid organization, except as permitted by Iowa Rule of Civil Procedure 1.423.(3) The emeritus attorney may provide advice, screening, transactional, and other activities for clients of approved legal aid organizations.b. Determination of nature of participation. The presiding judge or hearing officer may, in the judge's or officer's discretion, determine the extent of the emeritus attorney's participation in any proceedings before the court.(4)Supervision and limitations.a. Supervision by attorney. An emeritus attorney providing legal advice through the COVID-19 Legal Information Hotline program may do so without supervision. An emeritus attorney must perform all other activities authorized by this chapter under the general supervision of the approved legal aid organization.b. Representation of status. Attorneys permitted to perform services under this chapter may only hold themselves out as emeritus attorneys.c. Payment of expenses and award of fees. The prohibition against compensation for the emeritus attorney contained in rule 31.19(2) (a)(4) does not prevent the approved legal aid organization from reimbursing the emeritus attorney for actual expenses incurred while rendering services under this chapter or from paying continuing legal education attendance fees on behalf of the emeritus attorneys, nor does it prevent the approved legal aid organization from making such charges for its services as it may otherwise properly charge. The approved legal aid organization is entitled to receive all court-awarded attorneys' fees for any representation rendered by the emeritus attorney.(5)Certification. Permission for an emeritus attorney to perform services under this chapter is effective upon filing with and approval by the office of professional regulation of:a. A certification from an approved legal aid organization stating that the emeritus attorney is currently associated with that legal aid organization and that all activities of the emeritus attorney will be under the general supervision of the legal aid organization or a certification from the attorney that the attorney has completed the training provided by the COVID-19 Legal Information Hotline and will limit the attorney's activities to the pro bono provision of legal advice only to individuals referred through the COVID-19 Legal Information Hotline.b. A certificate from the highest court or agency in the state, territory, or district in which the emeritus attorney previously has been licensed to practice law, certifying that the emeritus attorney is in good standing, does not have a pending disciplinary proceeding, and has never been disbarred or had the license to practice law revoked.c. A sworn statement from the emeritus attorney that the emeritus attorney: (1) Relinquishes status as an inactive, active, or retired lawyer and requests placement in emeritus status for purposes of the Client Security Commission and Commission on Continuing Legal Education.(2) Understands and will abide by the provisions of the Iowa Rules of Professional Conduct.(3) Submits to the jurisdiction of the Iowa Supreme Court, the Iowa Supreme Court Attorney Disciplinary Board, and the Iowa Supreme Court Grievance Commission for disciplinary purposes.(4) Will neither request nor accept compensation of any kind for the legal services authorized under this chapter.(6)Withdrawal of certification.a. Withdrawal of permission to perform services. Permission to perform services under this chapter must cease immediately upon the filing with the office of professional regulation of a notice either: (1) From the approved legal aid organization stating that the emeritus attorney has ceased to be associated with the organization, which notice must be filed within 30 days after such association has ceased; or(2) From the Iowa Supreme Court, in its discretion, at any time, stating that permission to perform services under this chapter has been revoked. A copy of such notice must be mailed by the office of professional regulation to the emeritus attorney involved and to the approved legal aid organization.b.Notice of withdrawal. If an emeritus attorney's certification is withdrawn for any reason, the approved legal aid organization must immediately file a notice of such action in the official file of each matter pending before any court or tribunal in which the emeritus attorney was involved.(7)Discipline. In addition to any appropriate proceedings and discipline that may be imposed upon the emeritus attorney by the Iowa Supreme Court under the court's disciplinary rules, the Iowa Rules of Professional Conduct, or the Code of Iowa, the Iowa Supreme Court may, at any time, with or without cause, withdraw certification under this rule.(8)Fees and annual statements.a. Annual report to Client Security Commission. A lawyer certified under this rule must file the annual questionnaire required by Iowa Court Rule 39.11 and the annual statement required by Iowa Court Rule 39.8(1) but is exempt from the annual disciplinary fee and fund assessment provided in Iowa Court Rules 39.5 and 39.6.b. Annual report to Commission on Continuing Legal Education. A lawyer certified under this rule must fulfill the continuing legal education attendance, reporting, and fee payment requirements set forth in Iowa Court Rules 41.3 and 41.4. However, a lawyer is not required to comply with the continuing legal education requirements set forth in Iowa Court Rule 41.3 for the calendar year in which the lawyer is first certified under this rule. The approved legal aid organization may pay the continuing legal education reporting fee on behalf of the emeritus attorney.Court Order March 1, 2013; December 13, 2017, effective 1/1/2018; Order April 17, 2020, effective 4/17/2020.