March 2021 Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

March 2021

February 2020 2019 December

THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

Clark County Welcomes 3 New Judicial Officers

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Portland 503-222-7757 Vancouver 360-695-1624 nwinjurylawcenter.com

The Clark County Bar Association is a professional organization that serves to support our local attorney community through providing education and networking opportunities designed to enhance and foster better relationships within the local legal community.

Margaret Madison Phelan Attorney at Law

Enjoying a limited virtual practice: Estate & trust planning, uncontested probate, special needs & long tem care pre-planning And, consulting with attorneys on practice development, problem solving estate and long term care plans for their clients and succession planning for their law offices

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March Hearsay Contributors

The Honorable

Christina

Emily Sheldrick

Phelan

Clark County Superior Court

Phelan Law Office

The Honarable Emily Sheldrick was appointed to the Clark County Superior Court in January of 2021.

As an associate at Phelan Law Off ice, Christina focuses on Criminal Defense and Juvenile Law. Christina is also a dedicated member to both the Hearsay and Social Committees of the CCBA.

The Honorable John

Dan

Fairgrieve

Gasperino

Clark County Superior Court

Clark County Prosecuting Attorney’s Office

The Honorable John Fairgrieve served as a deputy prosecuting attorney in the Clark County from November 1994 to April 2015. He was appointed to the bench by Governor Jay Inslee in April 2015.

Dan is the Sr. DPA Drug Unit Team Leader at the Clark County Prosecutors office. He is currently serving as a trustee for the CCBA.

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2021

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Blast from Barrister’s Balls Past page 10

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Introducing: Judge Sheldrick, Judge Banfield and Commissioner Sasser page 12

Diversity Forum page 22

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President’s Message by: Christie Emrich

Dear Members,

Happy Anniversary! Someday you can sit back and tell the young people all about your Covid experiences. I am sure they will listen with rapt attention to someone who lived through all the historical moments you did this year.

Life has definitely changed around here in under 365 days. Once upon a time or in 2019 we would all go to work sick. Running nose? Who cares? Coughing up a lung in court? Just try and stand away from the mics. Fever? Well, if you can complete your docket with a 102-degree temp, then you earned a Gold Star!

I’m not sure why we all thought public illness/passing around germs in a crowed courtroom was a badge of honor, but we used to praise working through it.

Well, no more friends. Heaven help you if you sneeze in public now. Stay home! Stay Safe! And quite frankly, this is something we should carry forward in our post-pandemic lives along with Zoom appearances for routine matters.

Because if you are sick, you shouldn’t feel like you must power through it and turn the whole workplace into a petri dish.

The transition to a Virtual Courtroom this year has had it’s up and downs.

Most impressive perhaps is that we did it. The court system finally started utilizing the technology available to us. It may have been a forced modernization, but we made huge strides forward, nonetheless. Of course, with it came a few court experiences I had no wish to ever encounter.

So, here is a list of the top five things I never thought would happen in court a year ago or perhaps I should call it the top five professional reasons I buy wine in a box now:

1) Opposing Counsel’s bedroom. For the LOVE of all things good in this world, please be mindful of what your camera is showing the court. I’m all for collegiality, but some separation between work life and personal life is healthy for all involved.

2) Litigant’s appearing without shirts/in bathrobes/or in bed. Nope.

Get dressed and unless you are appearing from a hospital bed, get up. And in that case, turn your video off.

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3) People driving. I multitask, I get the temptation, but this is one step too far even for me.

4) Toilets flushing. Hard pass. Never thought I would live in a world where that would become part of the record.

5) Litigant’s kissing their significant other. Ummm, really? Although, I admit my first thought was, please don’t have an active no contact order with that chick. Followed closely by, I need to go to Costco for more wine.

So, our courtrooms have definitely changed in ways we couldn’t have imagined.

But, this last year also brought about big changes to our bench too.

In a few short months, we went from having only one Female judge on the Superior Court bench to having four. And to that I say, YES! And while it’s not the parity we have in District Court, it’s a step forward. Congratulations to Judge Sheldrick, Judge Banfield and Commissioner Sasser who all joined our bench since January.

As we acknowledge this anniversary of a new way of working, I raise my glass of boxed wine to all of your hard work, adaptability, and professionalism.

Cheers, Christie

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Barrister ’s Ball Flashback Christina Phelan

One year ago, we were all gathered in Warehouse 23 celebrating the achievements of our fellow lawyers and fake gambling. Last year’s Barrister’s Ball was probably the last time that many of us saw each other or were in a large group setting. Little did we know what the upcoming 12 months would have in store for us. Because we are unable to have a Barrister’s Ball this spring, we were feeling a little bit nostalgic, and thought we would flashback to Balls past. So here are a bunch of semi-embarrassing photos from the last 15 years. Enjoy reliving the good ol’ days, and hopefully we can all see each other at the craps table soon…

2006 circa

circa 2016

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circa 2013

2006 circa

circa 2006

circa 2009

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circa 2015 Page 10 Clockwise left to right: Judge Jennifer Snider, Lisa Martin, Lisa Ward, Teresa Foster, Jolene Sell, Karin DeDona, Crystal LambertSchroeder, Denise Lukins, Kalkadora Thangkhiew, Kathy McCann, Laura Wolosek, Carolyn Drew, Kathy Ladley Page 11: Scott Horenstein, Jeanne Rulli, Judge James Rulli, Judge Kristen Parcher, Christie Emrich, Tom Phelan, Christina Phelan, Debbie Stahanke, Judge Dan Stahnke, Chris Boyd, Mila Boyd, Jean McCoy, Giff Hancock

(Written by Dan Gasperino, Sr. DPA Drug Unit Team Leader at the Clark County Prosecuting Attorney’s Office) To those that don’t know her, here is a little background on Superior Court Judge Emily Sheldrick, assigned to our newly created Department 11. She grew up in the Bay Area of California, and then moved to Corvallis, Oregon in 7th grade. After graduating from Oregon State University (Political Science), she moved to Seattle to attend law school at the University of Washington. After graduating UW Law in 1996, Emily worked in private practice. She started advising and litigating employment and business matters in Vancouver in 2000. Along with her professional work, she has volunteered as a YMCA Mock Trial Team coach at Columbia River High School since 2013, as well as being active in the local chapter of the Washington Women Lawyers. She also has two children, Kaya and Zack.

Most recently, she worked with the Clark County Prosecuting Attorney’s Office, starting in 2014, and quickly moving to become a Senior Deputy Prosecutor. Soon thereafter she took over the Chief Civil Deputy position in January 2018.

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Here are a few fun facts about Judge Sheldrick: Why did you become a judge?

I truly have a love of the law and believe in our form of government. I hope that as a judge, I am able to fulfill the aspirations of our legal system by following the rule of law and providing due process and equal justice.

What is your greatest quality that will help you as a judge?

I don’t know if it’s my “greatest quality”, but I am a very curious person and have good observational skills. I am also a fast reader which should help as well.

I absolutely could not live without…

Music.

An item from your bucket list: Going to Italy. I was supposed to take my daughter for her high school graduation last year. I’m hoping we can go in 2021.

What was your first car?

A 1971 Nissan Datsun pickup truck. My dad bought it for $150. It had no power steering and was a stick shift. After a couple of years, I graduated to a gold 1974 AMC Javelin which cost me $200.

What is your favorite spot in the Pacific Northwest?

Oregon Coast. I love the ocean.

The most memorable trip you have ever taken: Going to NYC for the first time when I was nine years old in 1980. I’ll never forget staying in my uncle’s rundown Hoboken brownstone in August with no air conditioning. Next most memorable trip – a family trip to Europe in 2008 and seeing the Tower of London and Eiffel Tower.

How has Clark County changed since you started practicing?

I am amazed at how quickly the time has gone by. When I see all the new attorneys, I am excited about the growth of our legal community but pleased that is still feels like practicing in a smaller community.

What have you learned in your time as an attorney?

I have learned a great deal, but the key lessons for me have centered on establishing a work/ life balance and maintaining professionalism within our legal community. With respect to the practice of law, I became more adept at working with my clients to find pragmatic solutions.

What advice would you give those aspiring to be a judge?

Aside from demonstrating professionalism and excellence in your legal work, I strongly recommend being involved in our local legal community. This is an opportunity to meet attorneys outside your practice area – especially by joining local organizations such as the Inns of Court and Washington Women Lawyers. The CCBA has a number of committees that need volunteers as well. Volunteering is a rewarding and wonderful way to expand your understanding of our local bar. Finally, both District Court and Superior Court use pro tems. This will give one insight into the day to day aspects of being a judicial officer.

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(Written by her close friend Amy Harlan; Team Leader for the Victim’s Assistance Unit of the Clark County Prosecuting Attorney’s Office) Clark County’s newest Superior Court judge came to Vancouver when she was seven years old – the youngest of two kids raised for much of her childhood by her mother. Her journey to the bench has been punctuated with detours, disappointments, triumphs and perseverance. Camara will be the first to tell you these varied life experiences – growing up black and non-affluent, besieged at times by racial hostility, while also feeling the love of friends and thriving personally and professionally have shaped the values she brings to the bench.

She’s persevered professionally after having been passed over for judgeships in the past. The questions were asked and Camara answered them in the best way she knew how – to receive the criticism, incorporate the message, and try again. Camara will remember the moment Governor Inslee called to ask her to accept the position as one of the exciting moments of her life so far.

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She’s felt exhilaration before. First by setting state records in track and field while attending Mountain View High School. She went on to become an All-American track star at the University of Oregon. She qualified for the World Championships.

She travelled to Sweden in 1995 and won a gold medal for the 4X4 relay. She remembers standing on the podium with her teammates, hearing the crowd cheer, feeling triumphant as the national anthem played while the United States flag was raised.

Camara’s educational interests focused on International Studies and Spanish.

She studied in Ecuador her junior year of college before turning to law. She was recruited by the University of Florida School of Law. Upon completing her first year, she and her then infant son, returned to the Pacific Northwest. She received her law degree from the University of Oregon and soon moved back to Vancouver, where she has been ever since.

Camara was hired by the Vancouver City Attorney’s Office, and then soon after was hired by Art Curtis at the Clark County Prosecuting Attorney’s Office. She initially worked in the District Court and Docket Units. Camara quickly demonstrated a natural ability to lead. She was promoted to team leader of the Domestic Violence Prosecution Center. She then transferred to the Major Crimes Unit and then team leader for the Children’s Justice Center. In 2015 she became the Chief Criminal Deputy Prosecutor. She is also the co-founder of the recently formed Clark County Prosecuting Attorney’s Office Action Reform Committee.

Camara is the person you want sitting at the table when you are having difficult conversations. She is known for challenging others to take risks and to step outside of their comfort zones. She doesn’t back away from teachable moments, she embraces them. Camara is an advocate for justice; always considering the impact on the victims of crime and the impact her decisions will have on the life of the defendant. She has a genuine way of making all employees feel valued as well. Whether a senior deputy prosecutor or an entry level staff member, Camara always made sure that all positions recognized the importance of their role in the office. Camara also thoroughly enjoyed finding any opportunity to hide in her office (under her desk or around a corner) to jump out and scare a fellow co-worker.

Camara’s role as a public servant did not end when she left the office for the day.

She played an active role in the community as well, volunteering her time in many ways: Meals on Wheels, Boys and Girls Club, Vancouver Public School Board Director, and Leadership Clark County. She also has done speaking engagements with numerous schools in the area, educating teens and youth about making good choices and mentorship. She has been inducted into the Hall of Fame at Mountain View High School and at the University of Oregon for track and field.

Camara is the first black woman to serve as a Superior Court judge in Clark County. Being first is in her lineage - first as a track athlete now as a judge. Her late grandmother was one of the first generation of women to take on the male dominated world of ship building in Vancouver during World War II. Camara is married to Glen Banfield (Senior Multnomah County Deputy District Attorney) and has three children. They spend most of their open weekends at the beach.

S+R

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Here are a few fun facts about Judge Banfield: Why did you become a judge?

I became a judge to use both my knowledge and experience in a manner that would allow me to better serve and address the needs of my community.

What is your greatest quality that will help you as a judge?

Empathy I absolutely could not live without…: Friendship or ice cream An item from your bucket list: Travel through the continent of Africa What was your first car?

1976 Honda Civic What is your favorite spot in the Pacific Northwest?

I love the coast. I know that is broad but I am drawn to the Northern Pacific Ocean.

The most memorable trip you have ever taken: I went backpacking a few years ago up the Oregon Coast with a few girlfriends.

It was challenging and transcendental.

How has Clark County changed since you started practicing?

The county itself has become more progressive and diverse. That doesn’t directly track the Clark County legal community but I personally feel that the Bar has become a more welcoming community.

What have you learned in your time as an attorney?

I have learned that I have a lot to learn.

What advice would you give those aspiring to be a judge?

First figure out why you want to be judge and then become that person before aspiring to the bench. This is something I taught myself the hard way. I wouldn’t do it any differently however, because you usually learn the most from the most difficult lessons.

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INVESTITURE: PANDEMIC STYLE

Investiture of Judge Sheldrick: January 8, 2021

Investiture of Commissioner Sasser: January 15, 2021

Investiture of Judge Banfield: February 5, 2021

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(Written by Jean McCoy, Attorney at Landerholm P.S.) Although most of us have not been attending in-person hearings at the Courthouse, and contact is being made through email, runners and Zoom calls, the Courthouse is hopping with new personnel. The newest Superior Court Commissioner, Jill Sasser, was officially sworn in on January 15, 2021. For the first time ever the female Judges and Court Commissioners outnumber their male counterparts.

Commissioner Sasser is not a new face in the Courthouse, and is well known on both sides of the bench. She has been practicing in Clark County for over 14 years and found most frequently on the Probate docket almost every Friday. Commissioner Sasser has also been acting as a pro tem in both District and Superior Court for the last 2 years– a good training ground for her new position.

In looking back, Commissioner Sasser began her training for a legal career at the University of Oregon, where she worked in the Office of Judicial Affairs and graduated with her J.D. in 2005. She worked in the family law field, and then joined Landerholm, 18

P.S. in 2006 focusing mainly in the areas of estate planning, trust and estate administration, probate, and guardianships.

Commissioner Sasser has also been very involved with the local community. She has served as President of the Clark County Bar Association, and before that served many years on its Board of Trustees and working with its beloved publication, Hearsay. She has worked for many years with the Washington Women Lawyers group in Southwest Washington, including the Judicial Evaluation committee, and volunteered with other local nonprofits, including the Clark County Volunteer Lawyers Program and Columbia Presbyterian Church. She and Judge Lewis were the bread and butter of the YMCA Mock Trial program at the Courthouse for more years than you can count, and she will continue to be involved.

While at Landerholm, P.S., Commissioner Sasser worked on some very complicated and unusual fact patterns in family disputes, including those relating to guardianships and fights over the family jewels, requiring her to come up with creative and “real world” solutions. Everything she has encountered, including being a mom to a grade-schooler and preschooler, juggling her day job with running her family life, and helping manage a busy legal practice, has prepared her to hear the cases she will encounter as a Court Commissioner. Best wishes as you begin this new part of your career!

Here are a few fun facts about Commisser Sasser: I absolutely could not live without… my kids, my friends/family, volunteering/being involved in the community, reading, being on the water, working out, and snacks.

An item from your bucket list: I really want to go to Iceland, and I would also like to go whitewater rafting in Alaska.

What was your first car?

Baby blue metallic Ford Tempo. It’s basically a post-modern classic car.

What is your favorite spot in the Pacific Northwest?

My newest favorite spot is White Pass. My kids started skiing this year so we have been going most weekends.

The most memorable trip you have ever taken: The September 11th, 2001 terrorist attacks happened while I was a senior in college at Pepperdine University. A group of us spent our spring break volunteering at Ground Zero in New York City. We primarily supported the first responders who

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were searching for human remains. It was a very powerful experience and I would like to go back to NYC to see the 9/11 memorial.

How has Clark County changed since you started practicing?

First, I really enjoy practicing in Clark County. I grew up here, and for me, this has been great place to practice. I recognize that is not the case for all people. From my perspective, Clark County is becoming more diverse and really important issues are being raised in our community right now involving diversity, privilege, and inclusivity. However, I think there is still a long way to go. I want to be a part of making Clark County a welcome place to be for all people.

What have you learned in your time as an attorney?

Do not ever underestimate the importance of relationships. Don’t burn bridges.

Don’t ever send emails or make phone calls when you are angry. Try to not get emotionally involved in your cases. Do pro bono work and volunteer. Aspire to the highest levels of professionalism. Solve the problem and don’t fight just to fight. Focus on the big picture. Remember it is your job, and it shouldn’t be your life. Bill every month. Pick up the phone. Practice self-care. I was not perfect at all things, but I tried to do these things.

What advice would you give those aspiring to be a commissioner/judge?

Here a few ideas, but I don’t think a candidate needs to do ALL of these. There are a lot of different paths to the bench. I’m happy to talk to anyone who is interested in becoming a judicial officer.

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Become a well-respected and trusted attorney.

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Serve in leadership positions in our community or join WSBA committees and sections.

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Volunteer in our community and for the Volunteer Lawyers Program.

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Become a member of one or more of these local groups: Clark County Bar Association (and serve on a committee and join one or more of the sections), Inns of Court, Young Lawyers, Washington Women Lawyers, etc.

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Apply to be on the pro tempore lists in Superior and District Courts.

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Participate in the Judicial Institute: https://judicialinstitutewa.org/about

• Review the judicial appointment process and application: https://www. governor.wa.gov/office-governor/official-actions/judicial-appointments • Participate in a judicial evaluation with one or more of the minority bar

associations: https://www.wsba.org/connect-serve/other-bars/minority- bar-associations •

Talk to judicial officers about what it is like to be a judge.

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Diversity Forum: Starting the Conversation about Race and Equity in Our Local Legal Community

by: The Honorable Emily Sheldrick

After the killing of George Floyd, the Prosecuting Attorney’s Office (PAO) decided to form the Action Reform Committee to reconsider the role of the prosecutor given the existence of systemic racism in the criminal justice system.

A significant number of PAO employees, both staff and attorneys, were interested in participating in ARC. Therefore, subcommittees were formed to address specific issues, including internal policy changes and program initiatives.

The subcommittee on Community Outreach was formed to engage with the broader community on issues of bias and equity. I participated in this group, along with then Chief Criminal Deputy Camara Banfield, Deputy Prosecutor Chad Marquez as well as legal staff members including Nabiha Doolittle, Marcy Faler, and Susan Schlosser.

We brainstormed ideas and decided to initially 22

focus on our local legal community.

Given the significance of recent events and the absence of minority bar groups in Clark County, we approached the Clark County Bar Association to form a committee to encourage engagement with bar members on issues of diversity and inclusion. To “jump start” this committee, we decided to sponsor a “Diversity Forum” to discuss diversity, equity and inclusion within our legal community. With the help of Jeffrey Keddie from Northwest Justice Project and Christie Emrich, CCBA President, we began meeting in October to organize the forum. With co-sponsorship from the CCBA, Inns of Court and the Clark County Washington Women Lawyers Chapter, we were able present the forum via Zoom on January 20, 2021.

Over 150 individuals joined the webinar to learn more

about issues of diversity, equity and inclusion in our legal community.

Chief Justice Steven González Highlights Washington Supreme Court Leadership Fortunately, Washington State Supreme Court Justice Steven González agreed to be our “keynote” panelist. He was joined by Graciela Gomez Cowger, CEO of Schwabe Williamson and Wyatt, Cindy Nosko, Court Interpreter Services, Christie Emrich, Judge Camara Banfield, and Ana Sifuentes, Bilingual Outreach Advocate for the Latinx Community at Clark County YWCA. Jeffrey Keddie acted as moderator.

The Forum started with Christie Emrich announcing the recent formation of the CCBA’s Membership Committee.

This Committee, headed

by Erica Aquadro, was

formed with the intention of encouraging membership in the CCBA and to explore how to expand diversity of our membership as well as mentorship and support to the underrepresented attorneys in our community. Ms. Emrich also discussed how the Committee will include a public outreach function in order to address barriers that exist in the legal system for our marginalized communities.

After this introductory presentation, Chief Justice González discussed the Washington Supreme Court’s progress in reflecting the diversity of our state. He noted the Court’s leadership with respect to conversations about race in the judiciary. The Washington Supreme Court’s June 4th letter from last year was the first one of any court in the country. The letter, which has been widely circulated throughout the state, addressed the role of the judicial branch in perpetuating racism and called on the legal community to join in efforts to achieve justice by ending racism.

Clark County: Historical Racism and Current Barriers Facing People of Color Next, Pam Loh and Elizabeth Fitzgearld provided an overview of Clark County’s historical racist practices and the continuing legacy of systemic racism that excludes and marginalizes our communities color. Historically, Black people began moving to the Portland-Vancouver region during World War II. However, they faced significant barriers to remaining in this community. They experienced overt racism, including real property restrictive covenants that prevented Black people from purchasing homes. Over time, this has led to fewer people of color 23

in our community and diminished opportunities to gain wealth through home ownership.

Ms. Loh and Ms. Fitzgearld highlighted a few of the disproportionate impacts on people of color in Clark County, including domestic violence survivors, the foster care system, youth in our local schools, and, of course, the criminal justice system and jail population. Here are some of the compelling statistics from Clark County:

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Black people are only 2.4% of Clark County’s population, but account for over 10% of evictions

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35% of survivors of Sexual Assault and 33% of survivors of Domestic Violence identify as people of color; but the total population of people of color in Clark County is 14.7%

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Native Hawaiian and Pacific Island children are 2.3 times more likely to be expelled or suspended from Vancouver Public Schools

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Black children are 2.2 times more likely to be expelled or suspended from Vancouver Public Schools

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Native American are 1.7 times more likely to be expelled or suspended from Vancouver Public Schools.

Panelist Discussion: Have Difficult Conversations and a Call to Action With this backdrop, the panelists then engaged in an open and frank discussion regarding bias and equity by discussing the following questions:

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Describe any barriers you have encountered or observed with bias and racial equity within our legal community.

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What actions can each of us take to influence the legal institutions we work within so those institutions adopt changes to combat systemic racism and implicit bias?

• What steps should our legal community take to increase and then maintain diversity?

The panelists shared a wide range of experiences, both personal and observational.

For example, Chief Justice González noted that although people of color are disproportionately arrested, charged and convicted of crimes, they are not disproportionally committing crimes. On a personal note, Chief Justice González highlighted how he had been subjected to racist stereotypes early in his career.

Individuals assumed he was the criminal defendant – not the criminal prosecutor.

Ms. Nosko explained we need to do a better job of recognizing, listening and understanding individuals that come into our legal system without the benefit of the majority culture or language. Judge Banfield echoed the theme of listening.

A barrier she has experienced is not being allowed to share her experiences as a woman of color. All the panelists agreed that having conversations about race,

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bias and equity are difficult, uncomfortable and emotionally taxing – but necessary and essential if any progress is to occur.

Ms. Sifuentes shared that it is especially difficult to have these conversations about racism but not see tangible change. Access to justice remains a critical issue, and the individuals she works with need change now. Compounding the problem issue is the lack of understanding and perpetuation of stereotypes from those in the positions of power. Mr. Keddie noted that it is the responsibility of those of us in the majority culture to educate ourselves on issues of racism and to get onboard with making changes.

Ms. Cowger noted there is a significant problem with the lack of diversity in the legal profession. She emphasized that it is incumbent on those recruiting attorneys to work harder to hire people of color and take steps to retain these attorneys. Ms. Emrich agreed and acknowledged that her firm needs to do a better job of recruiting and retaining attorneys of color. Ms. Cowger and Chief Justice González explained that if we want women and people of color to work in Clark County’s legal community, we need to make them feel welcome. That means being proactive in having difficult conversations and engaging people of color in a meaningful way. Ms. Cowger said this takes effort and intentionality. We need to echo and elevate their voices, even when it makes you feel uncomfortable.

Judge Banfield championed this perspective by explaining that someone at PAO amplified her voice after the tragic killing of George Floyd and this is what led to the formation of ARC. The conversation turned to the question regarding action – what can be done?

Ms. Emrich and Ms. Loh noted we need more information on the current status of racial inequity in our justice system if we are going to make real change. For example, we need the statistics to understanding the disproportionate impact on communities of color for certain criminal charges, release conditions and referrals to the therapeutic courts – just to note a few examples. Chief Justice González emphasized this point by stating, “If we aren’t measuring it, we don’t care about it”. He explained that being aware of implicit basis is not enough. There must be steps to track the information with financial backing to follow through on this action.

As the evening’s Forum came to an end, the panelists emphasized the Diversity Forum was only meant to start the conversation about race and equity in our legal community. Join the CCBA Membership Committee to explore how you can make a difference locally. There are also many resources available to educate yourself on these issues. Here are a couple of places to start: https://wareji.org/ resources/ and https://justleadwa.org/learn/. Finally, stay engaged on a personal level – continue to have these difficult conversations and remain open to learning and listening. To have a productive discourse requires humility and respect.

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Law Library

Leveraging Your Case to Find Additional Authority in Westlaw

You have f ree access to Westlaw during the library’s closure using the link on the Law Library homepage. (https: //clark.wa.gov/law-library) At the time of this writing, they are allowing up to 20 hours over a 14 day period per email address.

Our subscription covers primary law f rom all states and federal, as well as many secondary sources and practice aids such as Washington Practice, Am Jur, sample pleadings, etc.

After you f ind a case in Westlaw, that case can help you f ind additional authority.

First, within the headnotes section, you can click on the Key Numbers to see other cases on that point of law. By using these Key Numbers you can leverage a case that you f ind to see what other cases discuss that same issue. In the example below, clicking on 253k1276 brings you to other cases involving evidence of committed intimate relationships.

Second, along the top of the page are several blue tabs. When viewing the case, you are in the Document tab.

Each of the other tabs offers you routes to f ind more authority:

1. The Filings tab shows you the documents related to the case such as the briefs or motions.

2. The Negative Treatment tab lists cases that have direct negative

treat-ment of the underlying case as well as negative citing references.

The chart displays the depth of treatment of your case, so you can focus on cases that discuss it rather than cases where your underlying case is merely a string citation. It also shows you the headnotes discussed in that case so you can focus on the points of law for which you are interested in the underlying case.

3. The History tab shows a graphical display of the appellate route your case has taken.

4. The Citing References tab shows the cases, statutes, or secondary sources that have cited your case. You can also f ilter within this screen by making selections in the column on the left.

5. The Table of Authorities tab shows you all the documents that your underlying case relies on. This chart also includes treatment flags, depth of treatment, and headnote indicators to help you evaluate those cases.

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2021 Clark County High School Mock Trial Tournament results by: The Honorable John Fairgrieve The annual Clark County High School Mock Trial Tournament took place on February 23-25, 2021 involving eleven teams from across western Washington. Sponsored by the YMCA of Greater Seattle, this year’s tournament was conducted remotely using the Zoom platform and was coordinated from Seattle by YMCA staff.

This year’s case, The Statue, was written by Clark County Superior Court Judge Robert Lewis. It involves a criminal prosecution for malicious mischief, criminal conspiracy and assault which occurred in the wake of the destruction of a statue and the injuring of a public employee during a protest. It involves the tension between free speech and the use of language that arguably “solicits, commands, encourages, or requests another person to commit a crime” which, in certain situations, could expose the speaker to criminal liability as an accomplice.

Each team competed in five rounds over the three days of the tournament. Reagan Vogel of Cascadia Technical Academy of Vancouver was named best attorney and Arnav Sood of Henry M. Jackson High School in Mill Creek was chosen best witness.

The Cascadia Technical Academy team was the tournament champion. Henry M. Jackson High School, Cedar Tree Classical Christian School, Team 1, Hockinson High School and Columbia River High School rounded out the top five. Each school will receive an invitation to the state mock trial tournament which will occur March 17-21. Trophies for the top five teams and medals for the top three student attorneys and witnesses were made possible through a generous grant from the T.O.D.A.Y. Foundation.

I would like to take this opportunity to thank all the teachers and attorneys who coached the teams and got them ready for the tournament. Your hard work and dedication are remarkable. I would like to thank the approximately one hundred judicial officers and attorneys who judged and rated the rounds and provided comments to the students. I would also like to thank Commissioner Jill Sasser who worked tirelessly to recruit judges and raters and coordinated logistics with the YMCA Seattle staff. Finally, I would like to thank all the student competitors who put in so much time and effort on the mock trial competition in this particularly difficult year.

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Volunteer of the Month: February 2021 HEADER (CHANGE ON MASTER B) Robert Russell Our honoree this month, has been making an impact in our program for nearly three decades, with his earliest (recorded) case dating back to 1992! His hard work and passion previously nabbed him our "Volunteer of the Year" title back in 2008. For his continued commitment, we couldn't help but celebrate him again! Rob is the first to show up for us at a community event, smile on his face and hungry to get to work. Each month, since at least 2015, Rob has agreed to take two Chapter 7 bankruptcy cases from our clinic for full representation. That's well over 100 bankruptcies filed and discharged, without cost! Aside from the tremendous work he's done for our clients, Rob is kind, passionate, and has a heart of gold. Whether you're client or staff, he's always a pleasure to work with. For all that you do, thank you, Rob! You're a pretty well established attorney here in Clark County, how did you get your start?

I was not born here, but I grew up in Clark County. I graduated from Columbia River HS in 1982. While there I took a business law class. After one test, the teacher scored it far lower than I thought I deserved. We discussed it. I argued my grade up from a 78 to a 92. The teacher said I should become a lawyer. LOL. In college I took two business law classes. I enjoyed them. It was at that time I first thought I would go to law school. I decided to see if working in law looked interesting. So, I went looking for work. Ultimately, I was hired by Vancouver attorney Robert Gregg to do some investigation work for his personal injury work. It was interesting enough. In law school I was drawn to consumer protection and bankruptcy work. I even worked as an intern at the school’s legal aid clinic helping low income people file bankruptcy. (Back then we were using a typewriter to draft petitions.)

After graduating from Lewis & Clark Law School (1989) I was hired again by Robert Gregg … this time as an attorney. At the time, he did quite a bit of consumer bankruptcy and personal injuy work. He hired me to pick up the bankruptcy work so he could focus on personal injury work. That was 32 years ago. (Wow.) And I have been doing consumer bankruptcy work Photos: Rob Russell ever since.

How did you first get involved with the CCVLP? While in law school I worked in the school’s legal aid clinic helping the less fortunate with matters such as filing bankruptcy. When I became at attorney, it made sense to keep helping others through the CCVLP. When you're not running your private practice, what are some other things you are doing/passionate about?

I played a ton of sports growing up until just a few years ago. We even had a football team that would go to tournaments up and down the west coast. It was a blast. But there is a reason you don’t see too many 50-something people playing football; the knees aren’t what they used to be. LOL. I am still active in the gym (when it’s open). Now I spend a lot more time gardening and doing photography.

What's one piece of advice you have for attorneys who don't volunteer with the CCVLP but should?

I volunteer because if we all did at least a little, so many things in life would be better. You can potentially change someone’s life by volunteering. It’s nice to know that you made a real difference to someone. When I retire I want to know that I did some good for my community.

February 2021 Attorney Volunteers:

Solo Practioners/In-house counsel/ Emeritus: Samantha Balmes Michael Reid Cliff Coulter Nancy Retsinas Sharon Cousineau Allison Widney Ed Dawson Marlene Nagel Hansen Philip Foster Robin Krane Joseph Mintz Jeff Peterson Mercedes Riggs

Law firms: Caron, Colven, Robison, & Shafton: Bill Robison & Benjamin Moody Gevurtz Menashe: Erica Aquadro & James Lutes Gunn Mackenzie, PLLC: Brian MacKenzie Navigate Law Group: Anna Russo, Chelsie Elliott, Brian Grambow, Tanya Green, & Amber Rush Northwest Justice Project: Jeff Keddie & Laurie Garber 29 Stahancyk, Kent, & Hook: Anne Ajayi & James Wriston

B o o k ke e p i n g

Tips

by: Emanuela Sandri | Attorney Bookkeeping Services, Inc. City of Vancouver, Washington, Sales/Use Tax Change Effective April 1, 2021, local sales and use tax within the City of Vancouver in Washington state will increase one-tenth of one percent (.001). The new tax rate of 8.5% (.085) will be used for housing and related services. The breakdown of the tax rate is as follows: Local Sales/Use Tax Rate = .020 State Sales/Use Tax Rate = .065 Total Sales/Use Tax Rate = .085 Use tax is a tax on the use of goods (e.g., office supplies) or certain services (e.g., repairs) in Washington state when sales tax has not been paid. Use tax rate is the same rate as sales tax. Following are the Southwest Washington sales/ use tax rates and the location codes. Businesses report and pay use tax on the Washington Excise Tax Return.

Insert table here \\

To determine the proper codes and rates of local sales/use tax, access the Washington Department of Revenue Tax Rate Lookup Tool at dor.wa.gov (on the home page, click on Find a sales and use tax rate link).

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CLARK COUNTY PROSECUTING ATTORNEY ACTION AND REFORM COMMITTEE (ARC) MISSION STATEMENT We are here to comprehensively reconsider the role of the prosecutor in the criminal justice system. We are creative, forward-thinking, and inclusive in our approach to justice. We are action-oriented and will turn ideas into policies.

When we do this work, we are mindful of the power we hold in the criminal justice system. Our decisions within all levels of our office have enormous impact for the accused, victims, families, and society. We recognize that it is our responsibility to foster a diverse and inclusive work environment. We will actively educate ourselves regarding systemic injustice and existing disparities. We commit to growing current inter-agency partnerships and to building strategic new ones within the community.

We understand this is a long-term commitment and evolving process that requires daily hard work. We accept this challenge. We own the responsibility to do better, always --- as people and as the Clark County Prosecuting Attorney’s Office. We will ensure that the promise of equal justice under the law is zealously pursued in our community.

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February 22, 2021 Page 2 of 2 PROSECUTING ATTORNEY | ANTHONY F. GOLIK S C O T T SXUVXLW RI WUXWK DQG MXVWLFH 7KH WLPH KDV FRPH WR XVH WKH WRROV DQG WHFKQRORJ\ DYDLODEOH WR HQVXUH D. JACKSON RACHAEL ROGERS TAYLOR B. HALLVIK GAYLE HUTTON Chief Deputy Chief Criminal Deputy Chief Civil Deputy Administrator

ZH FRQWLQXH WR PHHW WKHVH JRDOV $V VXFK ZH XUJH ORFDO JRYHUQLQJ ERGLHV WR H[DPLQH WKLV LVVXH DQG ILQG ZD\V WR LPSOHPHQW ERG\ ZRUQ FDPHUDV IRU RXU ODZ HQIRUFHPHQW DJHQFLHV 0XFK UHVHDUFK DQG JOINT LETTER FROM THE CLARKdiscussion COUNTYhas PROSECUTING ATTORNEY'S AND must REFORM COMMITTEE already gone into this issue andACTION the next steps be taken.

Each legislative body AND CLARK COUNTY PROSECUTOR TONY GOLIK in Clark County should encourage efforts for law enforcement agencies to obtain body-worn cameras. When presented with the opportunity, our local legislative bodies must approve any February 22, 2021 budgetary appropriation for body-worn cameras. We owe this to the citizens of Clark County.

Recent events, both locally and throughout the country, have sparked many conversations about the criminal justice system. One of those conversations surround the issue of why local law enforcement officers are not wearing and using body-worn cameras. Here in Clark County, although it appears local law enforcement agencies support the use of body-worn cameras, none of these law enforcement agencies currently use them. An often-cited reason for not implementing the use of body-worn cameras is the financial expense involved in implementing such a system.

We write this letter to express the support of the Clark County Prosecuting Attorney’s Office Deborah Wechselblatt Tony Golik in implementation of body-worn cameras

by Clark County local law enforcement agencies.

We urgeAttorney Senior Deputy Prosecuting Attorney & Chairperson Clark County Prosecuting their governing bodies to practically and financially support this important law enforcement tool.

CCPA Action and Reform Committee Body-worn cameras have been widely adopted by law enforcement agencies across the country – it is time we do the same locally.

Law enforcement body-worn cameras are necessary to document police-public interactions.

Research and experience demonstrate that, when properly used, body-worn cameras assist in curtailing improper police conduct and verifying appropriate police actions. Not only do body-worn cameras create a sense of accountability for the community’s law enforcement, they also provide those agencies with a valuable risk management and training tool. The recordings generated from these cameras provide significant evidence and are important tools for prosecutors to evaluate and assess cases.

Body-worn cameras are also necessary to hold law enforcement accountable for their actions, defend claims against officers or deputies, and aid in determining the truth about what happened in situations of great community interest. A law enforcement agency that deploys body-worn cameras is making a statement that it believes the actions of its officers are a matter of public record. Doing so enables law enforcement agencies to demonstrate transparency and openness in their interactions with members of their communities.

Supporting the implementation of law enforcement’s use of body-worn cameras reflects the Clark County Prosecuting Attorney’s Office goals of fairness, transparency, accountability, and the

1013 Franklin St | PO Box 5000 | Vancouver WA 98666-5000 Telephone 564-397-2261 | Fax 564-397-2230

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Relay Service 711 or 800-833-6388

February 22, 2021 Page 2 of 2 SXUVXLW RI WUXWK DQG MXVWLFH 7KH WLPH KDV FRPH WR XVH WKH WRROV DQG WHFKQRORJ\ DYDLODEOH WR HQVXUH ZH FRQWLQXH WR PHHW WKHVH JRDOV $V VXFK ZH XUJH ORFDO JRYHUQLQJ ERGLHV WR H[DPLQH WKLV LVVXH DQG ILQG ZD\V WR LPSOHPHQW ERG\ ZRUQ FDPHUDV IRU RXU ODZ HQIRUFHPHQW DJHQFLHV 0XFK UHVHDUFK DQG discussion has already gone into this issue and the next steps must be taken. Each legislative body in Clark County should encourage efforts for law enforcement agencies to obtain body-worn cameras. When presented with the opportunity, our local legislative bodies must approve any budgetary appropriation for body-worn cameras. We owe this to the citizens of Clark County.

Deborah Wechselblatt Senior Deputy Prosecuting Attorney & Chairperson CCPA Action and Reform Committee

Tony Golik Clark County Prosecuting Attorney

property damage wrongful death personal injury product liability

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Clark County CCBA BOARD OF TRUSTEES MEETING MINUTES CLARK COUNTY BAR ASSOCIATION Bar Association HEADER (CHANGE ON MASTER B)

February 2, 2021

Minutes for the CCBA Board of Trustees Meeting February 2, 2021 Virtual Meeting Via Zoom Called to order 12:23 Melnick moves to approve Jan meeting minutes, Phelan seconds, no objection Treasurer’s report: looking good, good advertising revenue last month, below budget for mid-year projections, on pace to either break even or have profit

• Emrich asks if we should look into PPP if down 20%, Melnick says we are up

Trustee Assignments

• Social: Phelan and Darco will discuss coffee cart in March, other ideas for summer were discussed at last meeting

• CLE: no updates right now, scheduled through April, tentative CLE in May

• Membership: interest in people joining committee after Diversity Forum

• Hearsay: Commissioner Sasser will stay on

Evaluation process with Bar Polls planned for future, particularly with access to justice issues Office relocation: new office space will start in March, Darco got quotes for movers and settled on one, move-in date end of Feb Membership update: 397 as of today, membership up from last year, 39 nonrenewed Dues modification for public interest law: Melnick hasn’t run numbers; defense poll hasn’t happened yet, will table discussion for now Gasperino and Larson join at 12:34 34

Larson will take over for Sell in Superior Court Bench/Bar Email issues: something happened, people are receiving fake emails, maybe need to move to more secure site, Jacobs will assist Larson: need to ratify vote to move because it was via email and need motion and second for this vote, Larson moves, Melnick seconds, motion to move and ratify passes after vote is called, Phelan abstained from vote and discussion about the move to new space Adjourned at 12:43

Representing Injured Workers on Their Washington Claims

Law Office of Steven L. Busick

(360) 696-0228 1915 Washington Street Vancouver, WA 98660

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Clark County Superior Court

BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT February 9, 2021

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com), James Smith (james.smith2@clark.wa.gov), Jeffery Kiddie (jefferyk@nwjustive.org), Dan Lloyd (Dan.Lloyd@cityofvancouver.us), Jessi Anderson (jessi@ccvlp.org ), Lindsey Shafar (lindsey.shafar@clark.wa.org), Rachel Brooks (rachel@guardianship-law.com),Curtis Welsh (cwelch@sussmanshank.com). Taylor Hallvik (taylor.hallvik@clark.wa.gov) Dan Llyod (Dan.Lloyd@cityofvancouver.us )(Judge Vanderwood (Derek.Vanderwood@clark. wa.gov).

If you have matters that you would like to bring to the attention of the Bench/Bar, you are welcome to contact the above-mentioned members of the committee.

I.OLD BUSINESS: No old business to report.

II.NEW BUSINESS:

a. Judge Vanderwood: On the family law end, consistently working on the minor guardianship issues; RCW 26.10 has not been abolished, but any new minor guardianship must be filed under the new act. I have notes from Judge Fairgrieve: Moratorium (eviction) has been extended; Judges will convene on March 1 to see if it would be appropriate to reassess viability of jury trials. mock trial for High School teams Feb 23-25, two rounds each day. All remote. There are needs for raters and judges. Follow up with Commissioner Sasser as a rater – if interested being a judge, reach out to Judge Fairgrieve. County in process of hiring new employee in indigent defense, still in interview phase and no idea when it will be hired.

b. Jeff Keddie: observed Minor Guardianship docket this morning. am talking with Bar for attorney training for March 12 for minor guardianship. Expecting interest. Working with Commissioner Sasser, invitation will be sent out in few weeks. I am writing a bench book and can share drafts. New caselaw, Nyman v. Hanley and McCrea v. Drury, Supreme Court has accepted review of case for 60-day notice for eviction, heard during moratorium– may be precedent. For us, may make sense to stay 60-day notice cases.

i. James – Creating legal right to counsel for 60-day notice cases?

1. Jeff: Good potential for that passing, funding getting work.

2. Jessi: Bill 51-60 – depends on who you talk to as to whether it passes; Possible passage. Intensive new set of provisions.

Timeline for passage, still has a way to go.

c. Curtis: Gearing up for Mock Trial – had scrimmage against Seattle Prep, really good team; good tune-up to go against high competition. Excited.

d. James: Rachael Rogers has been promoted to chief criminal deputy, replacing Judge Banfield. The prosecutor’s office ARC (Action and Reform Committee) group is continuing to work on multiple projects and will likely reach out to other legal and community organizations in the future. Finally, COVID-19 outbreak in the jail continues to be managed effectively, with less than 5 active cases, though the situation remains dynamic.

e. Rachel: Elder law side, small group are working on forms for the UGA statue.

Many forms to do – plugging along. State committee working on plain language forms too. Had contact with two people in the courthouse without masks, I’m not the mask police but someone should say something. Wondering what the temp is or if I’m alone.

i. Vanderwood: No magic answer, we always are discussing. Follow up with security to remove them, but them it is up to them (the person reporting to security) and may not be wise depending on the person. Experience level of security may create challenge as well. There is no budget to have a monitor.

ii. Dan Lloyd: At city hall, if they don’t have mask, they have medical grade masks that they wear. If not, they are considered “not willing to comply” they can be removed - in theory.

1. Vanderwood: There are mask available and they take temperature

before entering the courthouse. Additional signage will

be considered. May be a philosophical issue

more than ability to comply. Security is supposed to secure

the entrances, and not be hall monitors. Through Court Admin, they have mechanism to monitor employees,

but don’t have bandwidth to monitor all members of the public who enter courthouse.

2. Taylor: Will court require person(s) not wearing mask if in front of judge?

a. Vanderwood: Yes, judicial officer will take the role of enforcing requirements in the courtroom. Where do you go if they refuse?

We haven’t experienced, fortunately.

f. Jessi: – Trucking along, demand is higher than ever, many more people financially qualify for our services – trying to recruit attorneys to meet demand.

g. Lindsey: Filling in for Matthew, will have someone in hopefully by next week to

start running paperwork through jail. Waiting for quote to hard-wire the jail for Zoom.

Respectfully Submitted, Nicholas Alexander

Christie Emrich, President Telephone: (360) 906-0211 Email: cemrich@barrarlaw.com

Jesse Jacobs, Vice President Telephone: (360) 695-1624 Email: jesse@nwinjurylawcenter.com

Le Ann Larson, Secretary Telephone: (564) 397-2265 Email: leann.larson@clark.wa.gov

Ben Melnick, Treasurer Telephone: (360) 695-4244 Email: benm@washingtonoregonlawyers.com

Erica Aquadro, Trustee Telephone: (360) 823-0410 Email: eaquadro@gevurtzmenashe.com

Christina Phelan, Trustee Telephone: (360) 750-8750 Email: christina@phelanlawoffice.com

Dan Gasperino, Trustee Telephone: (564) 397-2261 Email: dan.gasperino@clark.wa.gov

Paige Spratt, Immediate Past President Telephone: (360) 905-1433 Email: pspratt@schwabe.com

Lisa Darco, Executive Director Telephone: (360) 695-5975 Email: ccbamanager@ccbawashington.org

Mariah Mantzke, Administrative Assistant Telephone: (360) 695-5975 Email: ccbaservices@ccbawashington.org