May 2021 Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

May 2021

February 2020 2019 December

THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

Art Bennett Retires

HIGH DOSAGE LEGAL REMEDY

Available for consult, association, or referral for injury claims in Washington or Oregon. Sleep better.

JESSE JACOBS OTLA Guardian WSAJ Eagle

DON JACOBS Trial Lawyer of the Year, Clark County (2015) Past President, Oregon Trial Lawyers Assoc.

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

Calls returned on Thursdays 360 896-8243 Email anytime

margaret.phelan@comcast.net

margaretmadisonphelan.com

May Hearsay Contributors

Courtney

Jesse

Mendoza

Jacobs

Clark County Prosecutors Office

NW Injury Law Center

Courtney Mendoza is an attorney at the Clark County Prosecutors Office.

Jesse Jacobs focuses his practice on representing injured plaintiffs in Oregon and Washington.

Commissioner Stefanie Ellis Clark County Superior Court Commissioner Ellis took the bench in July of 2020. Prior to this she was a practicing attorney for twelve years with experience in family and criminal law.

Lori Volkman Attorney at Law Lori Volkman is an attorney in Clark County and co-founder of the Military Spouse JD Network (MSJDN.org).

Beyond the Robe page 10

Memorial Day page 10

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Art Bennett Rides into the West page 18

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President’s Message by: Christie Emrich

Dear Members, Happy Mother’s Day to the moms and mother figures in our legal community.

Pre-kids I had a more romantic view of motherhood. Now, I know it’s just signing up for worrying for the rest of your life. A fact my own mother never tires of reminding me. As moms we worry about everything. If I had a dollar for every CLE I’ve seen or attended talking about the achieving the “work life balance” I would retire and hire a live-in nanny who cooks. Why do we have so many CLEs on this topic? It’s because as working moms we are constantly worrying.

If you put your kid in before-school and after-school daycare, you will worry about working too much. If you hire a nanny, you worry your baby will bond with them over you. If your partner stays at home with your kids, you worry because one minute you are jealous of their time together and the next minute you worry because you are so grateful to go into the office. If you work a flex schedule to accommodate your family, you worry about the impact on your colleagues. If you go part-time you worry about the impact on your career. If you work full-time you worry about the affect it has on your kids.

So, this Mother’s Day I hope all of the working moms out there give themselves a little grace this year. Dentist appointments can always be rescheduled to accommodate court hearings and sometimes you have to take a client call while waiting for the school bus, but you are doing a great job regardless of the chaos!

The expectation that a good mom or a good attorney is all in all the time is what causes us to worry even more. This myth or idea that to be successful you have to be 100% focused on whatever you are doing at this moment was created by someone who never had to juggle breastfeeding with a court appearance. It’s just not how this working mother jig works. You multitask. Some days more successfully than others, but that’s ok.

Yes, glass ceilings are shattering, and more women than ever before are in places of influence and power not only in our world, but in our legal community. Yet, this last year has shown me that the burden of making the world go around for families still falls overwhelmingly on the shoulders of the women around us.

The expectation is you manage your work calendar and your family calendar simultaneously. In this last year I‘ve watched female colleagues leave firms because of the lack of reliable daycare and known moms who taught third grade while at their desk. And to the women who were told that they need to “reduce work stress” in order to conceive, know you are not alone in the struggle.

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My kids and I have a thing we do – which ever kid I am with – I always tell them they are my favorite. So, when I tuck one into bed at night I’ll whisper “you are my favorite” to them. They smile and giggle because they know I tell their sister the same thing. But inside, I hope that they believe it. I want them to feel loved, I want them to feel special. Because that feeling never goes away. My mom always made me feel like I was the most important thing in her life. No matter what else was happening in our lives, I knew I was loved by her. And no matter what my brother might think – I am her favorite! It’s a feeling that never leaves you. I hope my girls feel it always too.

I’ve come to realize there is no work life balance. There is just a constant balancing of needs and making the best decisions you can in that moment at that time. And if this year has taught us anything, it’s that everything changes. So, what works for you and your family today, may need to be changed tomorrow. What works for your mentor may not work for you. There is no one right way to juggle career and kids. No matter how much you worry, no matter how many things feel like they are falling through the cracks, no matter how many times you cry in the car on the way home, everything you have managed to do today was enough if your kid feels like they are your favorite.

So Happy Mother’s Day to all of the moms in our legal community, I wish you a year of restful sleep and healthy kids – Christie

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Beyond the Robe Commissioner Stef Ellis

In the inaugural Beyond the Robe expose,' we are getting to know Judge Collier, former presiding Superior Court Judge and his Judicial Assistant, Tracy Haxby.

Judge Collier is a graduate of Washington State and Gonzaga School of Law. He began his legal career working first for a private law firm in Spokane, then quickly relocating to Vancouver where he spent many years practicing with Horenstein and Duggan. Judge Collier practiced in a number of areas, including family law, real property litigation, torts, and criminal law. In 1994 he began his own firm. Shortly thereafter, he was approached by the Superior Court bench to begin working as a part-time Court Commissioner, and then as a full-time Commissioner in 1999.

Judge Collier reports that he enjoyed working as a Commissioner and especially enjoyed the dependency cases, which he presided over for the majority of his many years as a Commissioner. He started Family Treatment Court in 2006, which is a therapeutic court designed to help the parents of dependent children recover from substance abuse addictions and reunify with their children. Family Treatment Court is still going strong today and has helped many families in our community.

In 2008 Judge Collier was appointed to the Superior Court Bench, where he has remained for the last thirteen years. When asked why he made the transition to judge, he replied “I was looking for the next challenge in my career. Being a judge meant having more variety in the types of cases I would hear, and jury trials.” Judge Collier reported that jury trials were his favorite aspect of private practice and presiding over them as a judge was something he very much looked forward to. Judge Collier is currently in the Family Law rotation and presiding over Drug Court. He plans to retire in the summer of 2022 and already has his first trip planned: Hiking the Camino de Santiago, a six week hike!

Tracy Haxby began her career in the District Court Clerk’s Office in 1991. She moved to the Superior Court Clerk’s Office in 1991 and eventually became an “in-court” clerk where she got to know then, Commissioner Collier. She reports the two worked well together and when he got appointed to the bench in 2008, she interviewed for the new JA position and was selected. Tracy reports learning the job with Judge, as it was a newly created Department. They had to work together to create a system that would work for them for years to come. The comradery between Judge and Tracy is obvious and it is clear Judge Collier made an excellent decision with his JA selection.

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Q&A

Favorite Food:

Judge: Thai food Tracy: Thai food (and make it spicy!)

Favorite Libation:

Judge: Good Irish Whisky—Green Spot Tracy: Red Wine—Syrah or Barbera

Hobbies:

Judge: Skiing and traveling (Fun Fact: Judge Collier is a member of the Mount Hood Ski Patrol and spends about 25 days each year on the slopes as Hill Captain. He has undergone extensive OEC Tech and medical training so if you ever have a medical emergency at the Courthouse, you may want to call his chambers first).

Tracy: Running, hiking (especially those with a great view), working out. (Fun Fact: Tracy rewards herself with a glass of wine at the top of every hike, so if you run into her on the trail you may want to ask her to share).

Judge/JA Pet Peeve:

Judge: Arguments without any legal merit.

Tracy: Being cc’d on emails going back and forth between attorneys.

After a year of pandemic court proceedings what would you keep the same/What are you looking forward to resuming when it’s over:

Judge: Keep Zoom hearings for litigants as it creates improved access to justice.

Looking forward to seeing people’s faces without masks.

Tracy: Keep the flexibility of working from home. Looking forward to a jury trial not taking up three court rooms.

That’s it for now! Stay tuned for the next expose' featuring 11 another one of our amazing Judge and JA teams.

Adopting New Traditions

by L o r i Vo l k m a n In 2010 my husband Randy was called to active duty military service.

Though I grew up in a military family, and my husband was active duty for the first part of our marriage, our kids had only experienced military life f rom a reservist's perspective. Their dad was usually gone for a few days once a month, and attended some annual training events.

This time, he'd be in the Middle East for 15 months.

It was a tough explanation for a 4 and 6 year old.

He had only been gone a few weeks when my kids' school announced they would hold a military appreciation assembly, and since our family was the only military family at school, the teacher coordinated with me to arrange a live video message surprise from my husband. Unfortunately the morning of the planned surprise I received an abbreviated message: "Urgent. Going in-country for a few days.

No assembly. Sorry."

It was a very patriotic and uplifting program, with trills and choruses from 12

most of the songs you'd expect, a girl in sparkly silver pants who asked us to join her in the "Pledges of Allegiance" and a toothless boy describing why we celebrate "Vet-vet-veterinarians Day!" But toward the end of the program, the room darkened and a quiet hush fell over the room. A projection bearing the words "America's White Table" came up on the screen and a spotlight shined down on a small table covered with a white cloth. A chair was leaning against the edge, as if it had been saved for someone. Though most of the kids and families looked on with curiosity, this was a military tradition I was very familiar with.

For military families, The White Table is a somber reminder of fallen or missing military members who will never be able to celebrate. I saw it for the first time at a memorial service for a pilot in my father's squadron whose plane went down during a training mission.

After that I noticed it at nearly every dance, promotion, dinner or celebration. There was even one set in the corner of my own wedding reception. Most Americans have never heard of this common military tradition but its meaning is simple: as we celebrate, we remember those who sacrificed their lives to keep our country free.

In the dark, the teacher read off a list of items, and each child approached in silence to deposit their symbol on the table, one by one. I wondered what "going in-country" meant, and wiped away all signs of tears before the lights came up.

Inspired by the assembly, we set up our own White Table that evening. We didn't have everything we needed on hand, so we improvised. My 6 year-old Olivia made a rose out of tissue paper and a pipe cleaner.

A sheet stood in for the spotless white table linen.

My four year-old Cooper carefully etched the word HERO with his chubby finger into the salt sprinkled on the plate. As we stared at it in silence, I suddenly found Olivia's little hand in mine, so I squeezed it three times: once each for "I – love – you." Randy's departure was still fresh, but I didn't want to cry again. "Daddy would want us to be happy," I said that

very morning, talking more to myself than to the kids. But as I gave her a pained smile, an unwanted tear raced down my cheek. Seeing it, she smiled back with a tear in her own eye, and squeezed my hand four times: "I – love – you – too."

Our little table stayed up several weeks that year, and it allowed me to strike up deeper than usual conversations with those who saw it about things like Peace, the difference between military service and politics, and the value of true Freedom.

I encourage every CCBA member to set your own "White Table" this Memorial Day, in remembrance of those who served our country and lost their life doing so.

Here's what you'll need: • A WHITE TABLECLOTH for purity of motive • A BLACK NAPKIN for prisoners of war • A LIT CANDLE to remind us that America is a light in a world of darkness • A RED ROSE for the hopes and prayers of those awaiting their loved one's return • A RED RIBBON TIED TO THE VASE for our determination in finding them • AN INVERTED GLASS for the missed meal • A SLICE OF LEMON on a plate for the bitter fate of the missing • A PINCH OF SALT for the tears of their families We took our cues from the book, America's White Table by Margot Theis Raven.

Like us, you can always improvise. Even if you don't know anyone in the military, it's a unique opportunity to create a new tradition, have some good conversations, and show your appreciation for service members who lost their lives in service to their country.

Lori Volkman is an attorney in Clark County and co-founder of the Military Spouse JD Network (MSJDN.org). The original version of this story appeared in Hearsay in 2011, just one week after Randy Volkman's return, and subsequently encouraged readers nationwide to adopt this tradition in Woman’s Day Magazine.

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Remembering by: Trisha Van Cleave, Paralegal for Brandon Campbell Memorial Day is a time to remember, reflect on, and pay our respects to those who have lost their lives serving our county. One place locally that we can do this at is Willamette N a t i o n a l Ce m e te r y, located in Portland, OR. The cemetery grounds are located 10 miles southeast of Portland, Oregon. The national cemetery was established in 1941.

Currently the grounds are approximately 307 acres of designated National Cemetery grounds, the most recently obtained grounds being an a d d i t i o n a l 3 8 a c re s purchased in 2011. Also located at the cemetery is the Oregon Korean Veterans Memorial. This series of polished, black granite walls memorializes 283 Oregon servicemen and women who lost their lives in that conflict.

Brandon and I recently had the great honor of working with Willamette National Cemetery to coordinate a funeral for a passed veteran. We coordinated a funeral for a gentleman who had served in the Army during the Vietnam War. He had no family in the area to help with funeral arrangements. I was able

to contact Willamette National Cemetery, and they were so accommodating and helpful during this time.

Willamette made sure that the deceased had a full military funeral with the folding of the flag to a 21-gun salute. These services are rendered, as I understand,

by Honor Guard components of local Oregon National Guard units.

I am also honored to have a mother-in-law who is a Gold Star Spouse. A Gold Star Spouse is a husband or wife of a loved one who passes while serving in the Armed Forces. With her help we were able to arrange a group named the Patriot Riders to attend this funeral.

The Riders organization was founded in 2005. The Riders are a group of veterans that attend funerals of members and former members of the United States Military, as well funerals of first responders. I understand the Riders come from all over the United States to honor fallen heroes and their families. At this funeral at Willamette National Cemetery, they came from Washington, Oregon, and Idaho to pay their respects.

At a service attended by the Riders, a coin is passed amongst the members in attendance on which is written, “Standing for Those that Stood for Us.” Each member holds the coin and says a prayer or affirmation for the deceased and their family. Then the coin is given to the family, thanking them for their and their loved one’s service.

Without the gracious support of Willamette National Cemetery staff and the Patriot Riders, this gentleman’s service would likely have lacked meaningful support or attendance. More information about coordinating internments at the Willamette National Cemetery can be found online at https://www.cem.va.gov/cems/ nchp/willamette.asp#hours. It was truly an honor to attend a funeral and to have been able to help plan and coordinate everything with Willamette National Cemetery. I know that for me, I will honor him on this Memorial Day by visiting the cemetery. Thanking him for his service, for standing in the past so that we each today can have the freedoms that we are fortunate to enjoy.

Volunteer of the Month: April 2021 David Commisa David Commisa is one of the newer faces in the CCBA community that we've been fortunate enough to get to know over the last few years. Prior to the COVID-19 pandemic, whenever there was a "free" legal clinic in the community, David was the first to sign up to help out. Since then, he's gotten much busier with his day job as a criminal defense attorney. Despite that, he still answers the call whenever we need a last minute family law attorney. For his kindness and willingness to always lend a helping hand, we honor David as our April 2021 Volunteer of the Month. Thank you, David!

Tell us a little bit about yourself and how you got your start in Clark County: I am originally from Florida and graduated summa cum laude from the University of North Florida in 2011. After that I moved with my family to Idaho and attended law school at the University of Idaho. I wanted to go to law school because I wanted to serve my community and make a positive impact. After graduating law school in 2015, I moved up to Vancouver, WA and started dipping my toes in the legal community. Since 2019, I have been working as a criminal defense, family law, and personal injury lawyer.

When you're not busy working as an attorney, what are some other things you enjoy?

I love exploring the Pacific Northwest and hiking on the weekends. I also recently purchased my first home so I am spending a lot of my spare time working on fixing it up.

What made you want to volunteer with the Clark County Volunteer Lawyers Program?

I wanted to get to know my local community better and I thought what better place to do it than at the CCVLP. Volunteering at the CCVLP has given me the opportunity to provide legal help for who need it while also getting to know the Clark County legal community better.

April 2021 Attorney Volunteers: Solo Practioners/In-house counsel/ Emeritus: Brandon Campbell Sharon Cousineau Tsering Cornell Ed Dawson Marlene Nagel Hansen Philip Foster Moloy Good Eric Hoffman Scott Horenstein Howard Marshack Scott Matthews Jennifer Nugent Jeff Peterson Nancy Retsinas Mercedes Riggs

Law firms: Caron, Colven, Robison, & Shafton: Gideon Caron, Tom Hojem, & Benjamin Moody Etengoff Pak Law Group: Nicholas Alexander Gevurtz Menashe: James Lutes Henderson Taylor: Jordan Taylor Martin & Richards: Christie Martin McKean Smith: Laura Mancuso & Deanna Rusch Navigate Law Group: Chelsey Butchard, Chelsie Elliott, Tanya Green, Amber Rushbanks, & Anna Russo Northwest Justice Project: LeeAnn Friedman, Jeff Keddie, & Laurie Garber The Petersen Law Firm: Nathan Petersen Pabst, Holland, & Reynolds: Alexa Ritchie Stahancyk, Kent, & Hook: James Wriston 15 Wheeler & Boyd: Marla Rapp

Art Bennett Rides into the West by: Jesse Jacobs For those that missed the news—Art Bennett is retiring. Art has spent many valiant years on the Hearsay Committee and we collectively agreed that he wasn’t going to escape without an exit interview. I was the young-gun that got first dibs.

What follows are Art’s gracious answers to my many questions, including some photos worth many times their weight in gold.

1. Where did you grow up?

I grew up in Southwest Texas. My father worked for an oil exploration crew and my family lived all over west Texas and south New Mexico.

My father homesteaded a large piece of land near Jal, New Mexico, which sat directly on top of the Permian Basin, one of the largest oil deposits in the world.

However, he was swindled out of the oil and mineral rights to the property. Being an orphan and having only a sixth grade education, he was not sophisticated in business affairs. The oil company that got the oil and mineral rights to the property named a town after him – Bennett, New Mexico – which is west of Jal.

2. Are there any stories from the service that shaped your career that you’d like to share?

I spent 8 years on active duty in the Army – primarily in the Green Berets.

I actually developed an admiration for military justice, as any individual charged with a crime was provided with a lawyer, and military witnesses could be required to appear at trial regardless of where they were stationed in the world. Also, a soldier convicted of a crime would be punished, but allowed to stay in the Army – thus keeping his job and his dignity.

Nowadays, the Army simply kicks the convicted soldier out of the military with a dishonorable discharge and no benefits.

After I spent a horrific year in Vietnam in the Green Berets, I returned to the U.S. thinking of a law career. The Army offered to send me to law school with the proviso that I first serve another year in Vietnam. Knowing that the mortality stats on junior officers were not good – if you survived the first six months, your odds for surviving the 2nd six months were good. (“tours” in Vietnam were 12 months) But, if you extended for another year, your odds of surviving were poor – due to overconfidence, recklessness, etc. So, with all of that, I elected to leave active duty in the Army and go to law school on my own.

3. Why did you end up going to law school?

I went to law school for a number of reasons. One was the forlorn hope of helping my father unravel the swindle that cheated him out of the oil and mineral rights to a large portion of the Permian Basin. Unfortunately, we ran into the legal principal called statute of limitations, and that hope went nowhere.

Another reason was that, at the time, I considered making the Army Judge Advocate General Corps (JAG) a career. After Law School, I was actually accepted into JAG. However, remembering all of the numerous moves of my childhood and knowing that active duty in JAG would entail similar moves, my wife and I decided to seek a permanent residence somewhere to raise our children. I also felt that a law degree could be helpful if I went into business or politics after the service.

4. Why Vancouver?

Being active in the Army Reserve, Vancouver would be the ideal place to move, as it had the headquarters of the 104th Reserve Division with lots positions for officers. This turned out to be a good move, as I eventually retired as a Lt. Colonel in the Army Reserves. Not bad for a guy who started out as a Private!

As an outdoorsman, I also liked Vancouver, because it was centrally located for outdoor activities: two hours to the high desert, two hours to the ocean, two hours to the mountains.

When I was offered a position as Deputy Prosecutor by Clark County Prosecutor Jim Carty, I took it in an instant, and the rest was history.

5. What was your most significant case?

My most significant case occurred when I was a young Deputy Prosecutor. The criminal defendant was named Walker, and I’m still surprised that he did not get more publicity, as he was a local Ted Bundy.

His M.O. was that he would pose as a photographer and pick up young women in his van. He would then tie them up, torture, and eventually kill them. Very gruesome murders of six to eight women and possibly more. Since he worked for the Parks Department, he had keys to all of the gates and could hide the bodies on the park grounds where they wouldn’t be found for weeks or months.

The issue was he had been caught and tried on one of the murders, but was found Not Guilty by reason of insanity. However, he was eventually found to be competent, and returned to Clark County to stand trial for another young woman’s murder, whose body had been discovered.

Denny Hunter, the Chief Criminal Deputy Prosecutor, really did all of the work on the case, but it is still vivid in my mind. I remember researching for other missing young women in the U.S., and I found out there may be an astounding 50,000.

Based on Hunter’s brief, the trial judge found that Walker could stand trial, so he then took a plea deal of life imprisonment without parole.

6. What was your favorite Hearsay article that you authored?

My favorite Hearsay article that I authored was the one about my trip to Burma, now Myanmar. Being such an exotic place, I thought most Bar members would enjoy it. Being a history major, it was really awesome to visit a place with 10,000 temples and where Kublai Khan and his Mongol Army marched through.

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7. Who are the people you most remember from your career?

Tough call! I have met so many outstanding and wonderful individuals in my career that I really can’t single out one or two.

8. What is your funniest lawyer story?

My funniest lawyer story still makes me laugh when I think about it. The state was moving to have an elderly lady involuntarily committed. She lived alone and had been leaving her apartment door wide open at night and throwing rocks at strangers among other acts.

I represented the state in a 12 person jury trial (this was in the 1980’s). Judge Dean Morgan, an excellent legal scholar with almost no sense of humor, presided.

During the trial, I called a psychiatrist to give his opinion on her mental competency.

He had been born and raised in one of the Latin American countries and, although now an American citizen, he had a heavy Hispanic accent, similar to that of the popular comedian, Jose Jimenez.

He testified that, in his expert opinion, the lady was mentally incompetent. I then asked him to give some specific observations for his opinion. He said she exhibited some very odd behavior at times. I asked him to give on example for the jury.

He said she would take her bra off and put the cups on her ears and talk to people in outer space.

I heard a few giggles from the jury and glanced at Judge Morgan, who was frowning at me – apparently thinking I solicited the testimony on purpose. I didn’t, and quickly moved on to other testimony.

On cross examination, the defense attorney established that the defendant had the run of the mental hospital, could take care of herself, and was a threat to no one.

The psychiatrist agreed but said she still exhibited some very odd behaviors. (I should have known what was coming.) When asked for one specific example of odd behavior, the psychiatrist said: “Well, she sneaks up behind me and puts the cups on MY ears and asks me if I can talk to the people in outer space.”

That brought down the house! Everyone in the courtroom burst out laughing – the jury, Judge Morgan, me, the defendant and her attorney, the psychiatrist – everyone.

In closing argument, the defense attorney expressed more righteous indignation than I’ve ever heard in a trial before or since. He literally shouted at the jury (only 4 feet away), arguing that the state was trying to take away this poor lady’s liberty when she was perfectly capable of taking care of herself.

Amazingly, the jury released her! I called her adult son that evening and told him what happened, and he said “You mean they are letting her out?”

However, her liberty was short lived as the police picked her up the next morning. directing traffic on Mill Plain Boulevard. This time, rather than trying to have her committed, I conferred with her adult children and a found a long term care 19

arrangement where she could stay as long as she behaved and took her medicine.

A happy ending to an amusing but sad case.

9. Big plans now that you’re retiring?

My big plans for retirement were rudely interrupted by something called Covid and cancer. The former was solved with two vaccinations. The latter with an operation and current therapy. So, once everything settles down health-wise, my retirement bucket list includes touring the western U.S., mostly by train, searching for my roots (my father was adopted out of an orphanage and never knew his natural parents), hunting, fishing, and spending time with those incredible grandkids.

Life is good!

10. Any advice for the young whippersnappers?

My advice for young whippersnappers is that once the Covid-19 virus goes away, and it will, there will be a tremendous amount of legal work for young attorneys in Clark County. So be proactive and be prepared: law office, staff, forms, procedure, work processing equipment, use of internet—it really is the genie in a bottle for legal research, marketing, advertisements.

My next piece of advice is so basic, so rock solid, that I’m almost embarrassed to give it. Don’t steal from your clients. When I first started out as a solo practitioner, about the same time three friends and acquaintances started their own solo practices. They were all young, handsome and intelligent – and had the whole world in front of them. However, within a few years, they all stole money from their clients’ trust funds, got convicted and were disbarred. One went to prison and the other two did local jail time. They simply ruined their careers and reputations because of one stupid mistake.

Another piece of advice concerns stress in the practice of law. My basic advice on stress is to recognize it and take steps to avoid it.

A lot of law deals with the darker side of the human psyche, and many young attorneys are not prepared to be exposed to it – child abuse, murder, torture, kidnapping, domestic violence, serial killers, fraud, greed, etc.

I highly recommend Professor Clyde Emery’s book, Keeping Fresh under the Pressure of Law Practice. His major theme is that the practice of law is a marathon, 20

not a sprint. His advice is from the 1950’s but still valid today. (Note that he went from the stressful practice of law to the quiet life of a law school professor .)

My last piece of advice for the young attorneys concerns legal assistants.

In my opinion, they can be worth their weight in gold! A good legal assistant can make the average attorney highly productive. (fielding incoming messages, working the schedule, working with clients, reminding clients to pay, knowing the gossip in the court house, etc.) See the movie, Erin Brockovich, who didn’t know much law but she knew people and made the clients a huge settlement.

So – treat them well: pay, bonuses, time off, recognition, training, etc. You’ll never regret it.

Good luck!

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MILITARY DIVORCE BUILDING BLOCKS: JURISDICTION by: Mark E. Sullivan

Introduction The trial or settlement of a military pension division case can be confusing, difficult and at times counterintuitive. To get the case started on the right foot, it is essential to know that the court has jurisdiction to divide the pension. Congress wrote the rules for dividing military retired pay, and they are found in the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. § 1408. The critical language is at 10 U.S.C. § 1408(c)(4): A court may not treat the disposable retired pay of a member in the manner described in paragraph (1) unless the court has jurisdiction over the member by reason of (A) his residence, other than because of military assignment, in the territorial jurisdiction of the court, (B) his domicile in the territorial jurisdiction of the court, or (C) his consent to the jurisdiction of the court.

Residence The first test – residence but not due to military assignment – means that the servicemember (“John Doe”) is living in a state but he is not required to be residing there due to military orders. Most of the time, John’s assignment to a base will mean that he is living either on base or in the surrounding area, which is usually in the same state. Thus this provision seldom arises.

Occasionally, when the base is near a state border, this section of the statute may allow the court to exercise jurisdiction because of John’s base being in a different state than his residence or abode. Thus if John is assigned to Eglin Air Force Base, Florida, but chooses to live just over the state line in Gulf Shores, Alabama, he is subjecting himself to jurisdiction of the courts of Alabama under 10 U.S.C. § 1408(c)(4)(A).

Domicile Domicile is a different type of “residence.” Frequently called “legal residence,” this refers to the state where John is presently living with the intention to reside there indefinitely. It can also mean the state from which John entered the military and to which he intends to return.

Thus if John were stationed at Joint Base Lewis-McChord, Washington, and he intended to remain there until his retirement and afterward, that might be his domicile. On the other hand, if John grew up in Ohio and, despite his current Washington assignment, he intended to return to Ohio when he retired, then Ohio would probably be his domicile. This is a more common example of jurisdiction and domicile in the military pension division case. Intent to return to Ohio would be shown through evidence including voter registration, bank accounts, driver’s license, car title, personal property tax records, and the payment of state income taxes. 1

Consent to the Court's Jurisdiction The third test is John’s consent to the jurisdiction of the court. Note that this doesn’t necessarily mean that John states in his responsive pleading, “I hereby give my consent to the court’s division of my military retired pay.”

Rather, this basis for jurisdiction means that John has acted in such a way as to indicate his acknowledgment of the court’s authority over his case and, in particular, the division of his military pension. This is usually called “entry of an appearance” or “general appearance.” There are several ways in which John can show his consent: a) he can file the lawsuit and, as petitioner or plaintiff, ask for the division of property acquired during the marriage; b) he can file an answer or reply, not raising the issue of lack of personal jurisdiction; and c) even if he has not filed an answer or reply, he can file documents (such as a motion to continue or a motion to change venue) which the court would construe as admitting the court’s jurisdiction over the case.

Let's Go Shopping!

The advice for John is to be extremely careful in filing or responding to a lawsuit for dissolution. Either action will most likely grant the court the power to divide the pension. Part of the issue is forum-shopping. Sometimes there is a good reason why John would want to have the military pension division heard in another state’s court. The usual reason is that the pension division in the other state is limited or non-existent. Let’s take two examples: John is stationed Naval Station Kitsap in Washington, but his domicile is Indiana or Arkansas. Neither of these states will allow the division or retired pay unless the pension is “vested,” which usually means the employee is entitled to the future payments. This entitlement in military cases means service of at least 20 years. Thus if John had only 18 years of service when the divorce filing occurred, he should not file for dissolution in Washington and – if Jane Doe, his wife, filed the lawsuit – he would want to object to the court’s exercise of jurisdiction over his pension.

John’s assignment is as above but his domicile is the Commonwealth of Puerto Rico. The law in Puerto Rico is that the court cannot divide retirement benefits which are non-contributory, that is, the employee has not contributed financially to the pension fund or account. Since military service, whether active-duty or Guard/Reserve, leads to retired pay which is solely funded by Congress (unlike the Thrift Savings Plan, which involves member contributions), the pension could not be divided if Puerto Rico exercised jurisdiction over it. Thus John would want to avoid filing suit in Washington or responding to Jane’s lawsuit without first filing his objection.

Conclusion For all of the above reasons, it is essential for the divorce lawyer in a military case to pay attention to Rule #1, “Does the Court Have Jurisdiction?” Careful investigation of the facts will inform one’s decisions about domicile and residence not due to military orders. And caution is the guiding principle in the area of “entry of an appearance.”

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For a complete list of the documents and evidence which show intent to return, or intent to remain at the present residence, see the Silent Partner info-letter, “Divorce and Domicile,” found at https://www.nclamp.gov/publications/silent-partners/divorce-and-domicile/.

Mr. Sullivan is a retired Army Reserve JAG colonel. He practices family law in Raleigh, North Carolina, and is the author of THE MILITARY DIVORCE HANDBOOK (Am. Bar Assn., 3rd Ed. 2019) and many internet resources on military family law issues. Mr. Sullivan has been a board-certified specialist in family law for over 30 years.

He works with attorneys nationwide as a consultant on military divorce issues in drafting military pension division orders. He can be reached at 919-832-8507 and at mark.sullivan@ncfamilylaw.com.

Mythbusters by: Audra Morrison

Myth: “I’d really like to volunteer but my firm doesn’t allow me to take time off during the workday to do so.”

Answer: We understand that most lawyers out there do not have any extra free time to give up during their workday.

Traditionally, we have asked our volunteer lawyers to sign up for a 3-hour clinic window, which can be a bit time consuming.

To accommodate busy schedules, we now offer the ability to schedule an advice clinic outside of regular business hours.

We will also schedule a clinic for as little or as much time that you are able to give. Only able to volunteer for an hour one month? We will find a way to make the most of that time!

If you have the time, we will schedule you accordingly and find clients to fill your clinic. Additionally, we are still operating clinics remotely via Zoom, so you do not even have to leave your home or office to volunteer.

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HEADER (CHANGE ON MASTER B)

New Attorneys at Clark County Prosecuting Attorney's Office by: DPA Courtney Mendoza

Clark County Prosecuting Attorney’s Office would like to welcome and introduce some of the newest Deputy Prosecutors joining our team! Competence, diligence, and ethical integrity are key pillars within our office that each of these attorneys brilliantly displays; we’re humbled they’ve all decided to bring their shine to our office. Please join our team in making each of these folks feel welcomed within the legal community!

Steve McManamen graduated from University of Wyoming College of Law in 2014 and has been settling in well here in Clark County! He brings with him a great toolkit of experience, including prosecution, public and private criminal defense, civil litigation, and journalism. He’s spent several years dedicated to therapeutic alternatives, including participating as a defense attorney for a Juvenile Drug Court and subsequently as a prosecutor for an Adult Treatment Court. We’re so glad he’s joined the office!

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Heather Van Ness graduated from Indiana University Maurer School of Law in May 2020. She grew up in Clark County and is very happy to have the opportunity to come back and work with folks in her hometown. Heather has experience in prosecution, defense, record expungement, and judicial law clerking. The office is delighted to have her join the team!

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Amy Stinnett is about to graduate from Lewis and Clark Law School this coming May 2021, congrats Amy! Since joining our office in mid-2019, she’s done an incredible job, both as a Legal Extern and as a Rule 9 Legal Intern. She’s competently handled numerous responsibilities, including trials, hearings, motions, and dockets, amongst others. The office is really excited she’s decided to stay!

Spencer Donaldson recently graduated from Lewis and Clark Law School in December 2020.

We’ve been fortunate to have him working with the office since mid-2019, both as a Legal Extern and Rule 9 Legal Intern.

Spencer’s diligently handled dockets, hearings, trials, motions, and more.

He’s been doing a wonderful job and we’re thrilled he’ll be staying with the office!

Jeremy Bebermeyer graduated from Michigan State University College of Law in 2013. Jeremy brings a 48 great perspective with his experiences in the US Air Force, juvenile corrections, campaign finance, legislative and legal research, and in overall compliance with legal and ethical requirements at all levels of government. He’s looking forward to relocating to the Vancouver area and we’re grateful to have such a fantastic addition to the office!

Anna Joy graduated from Georgetown University Law Center in 2019. She’s excited about the Vancouver area and being closer to her nearby family. Anna’s passionate about her pro-bono legal work with domestic violence and appellate advocacy surrounding non-unanimous jury convictions. She has experience with private practice, prosecution, community advocacy, and legislative advocacy – we’re lucky to have her!

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Law Library Using the Advanced Search Function in Westlaw for Terms and Connectors Searches You have free 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 from all states and federal, as well as many secondary sources and practice aids such as Washington Practice, Am Jur, sample pleadings, etc.

Westlaw offers an alternative to doing a straight Boolean Terms and Connectors search within the search box. To the right of the search box, click on Advanced.

This takes you to the Advanced Search page. Think of this as your Boolean For Dummies page, as Westlaw will construct a Boolean search based on how you fill out the boxes.

The form includes boxes for terms that must all be in your document (AND connector), terms that must not be in your document (BUT NOT connector), exact phrases (quotation marks), or terms that are synonyms and any of which can be in your document (OR connector).

As you put terms in boxes, you can watch the search be constructed in the search box.

There is also a drop-down list of date choices so you can restrict the timeframe of your search.

The last two choices allow you to restrict your search to a specific citation or title of a document or database. For example, if you want to run your Boolean search only within Washington Practice, just type that into the title field after you construct your search.

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B o o k ke e p i n g

Tips

by: Emanuela Sandri | Attorney Bookkeeping Services, Inc. QuickBooks Desktop – Payee Name on Computer Printed Checks (Print As)

There are times that the name in a list may differ from the payee on a check.

For example, one vendor may have multiple locations so the vendor name may include an identifier, such as partial address (e.g., POB 1234). If name in list and payee differ, here’s how to print the payee name on the computer printed check.

Clients (Customers in QuickBooks Desktop)

• Open client information (Customer Center > double click name).

• In Address Info tab, address details section, invoice/bill to field, enter client name as you would like it to appear on the printed check in first line of the address section.

Vendors

• Open vendor information (Vendor Center > double click name).

• In tab Payment Settings, enter vendor name as you would like it to appear on the printed check in the field PRINT NAME ON CHECK AS.

Other Names (consideration: setup non-client payees as vendors for ease of seeing a list of checks written and running reports)

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• Open other name information (Lists menu > Other Names List > double click name).

• In the first line of the Name and Address field, enter name as you would like it to appear on the printed check.

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NOTICE

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Effective May 1, 2021 Superior Court Presiding/Assistant Presiding Judge Designations Presiding Judge – Honorable Derek J. Vanderwood Assistant Presiding Judge – Honorable Jennifer K. Snider Departmental Location Changes Department 3 – Honorable Derek J. Vanderwood Clark County Courthouse 1200 Franklin Street, Vancouver, WA 4th Floor – Ctrm 403 Department 5 – Honorable Camara L. J. Banfield Clark County Family Law Annex 601 W Evergreen, Vancouver, WA FLA 2 Department 10 – Honorable Scott A. Collier Clark County Juvenile Justice Center 500 W 11th Street, Vancouver, WA 2nd Floor – Ctrm 2

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Clark County Bar Association HEADER (CHANGE ON MASTER B)

CCBA BOARD OF TRUSTEES MEETING MINUTES CLARK COUNTY BAR ASSOCIATION April 7, 2021

Minutes for the CCBA Board of Trustees Meeting April 7, 2021; Virtual Meeting Via Zoom Called to order 12:30 Jacobs, Larson, Phelan, Aquadro, Melnick, Gasperino (Darco present) March 2021 board meeting minutes: motion to approve (Phelan/ Gasperino) Approved March 2021 General Meeting Minutes: motion to approve (Melnick/Aquadro) Approved Treasurer’s Report (Melnick): Reviewed financial reports for March; Darco and Melnick will consult with experts to look into PPP or Employee Retention Tax Credit. Happy Birthday to Ben, who is graciously spending his birthday noon hour giving the CCBA treasurer’s report. Your dedication to the CCBA is so noted.

Ongoing Items: Trustee Assignments Hearsay: (Gasperino) met last Friday, next few issues planned Social Committee: (Phelan) coffee cart event is 4/6/21. An outdoor Barrister’s Ball replacement event is being planned for summer. The committee will also work on the golf tournament.

Membership: ( Aquadro) Aquadro and Emrich are working together. Doing outreach for committee members.

Request for Dues Modification for Indigent Defense Contractors - will review in July Previous Action Items: Clark County Courts Processes Evaluation (Aquadro) Discussion of giving CCBA membership a voice/means to be heard in Court decisions about what Court processes will be post COVID emergency. What worked and what did not work. Would also want to incorporate, in a poll or other means to gather info from our membership, any specifics the Courts want to know for decision making consideration.

Email Problems (Jacobs) Need to consider moving email to a more secure site. Issues predate the office move. Jacobs will work with Darco on the issue. Board will be updated.

Insurance – Abuse Procedures Policy (Jacobs) Spratt is working on this. We have the insurance company’s sample sexual abuse policy. We will need to draft one or hire it done.

Current Action Items: 32

Membership Update (Darco) 406 members as of 4/7/21 (last year was 377). 39 people remain non-renewed.

Bar Poll/Forum (Darco) Judge Hagensen will be retiring June 30th. Darco attempting to get a list of candidates. Board Gathering (Darco) Will discuss at May board meeting Mariah (Darco) The fabulous Mariah is leaving her present position with the CCBA in early /mid July to gear up for law school. She has agreed to continue to work on the production of the Hearsay; her hours and appropriate compensation will be decided. A job description will be drafted for seeking a new hire.

Adjourned 1:05

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 April 13, 2021

smooth so far. One case, looked for 60 jurors and 62 appeared, so rates are good.

Have not heard anything negative about not being comfortable because of COVID – I have done 2 trials, neither had jurors saying they were uncomfortable relatively smooth. As far as criminal matters, on the change of pleas dockets, we have more space than demand. Concerning because of the backlog. We can try 2 jury trials every week. In the past week we did not have any called ready, that is concerning if we have the ability to hear them. Need to look at cases not being ready to go. We have the ability to try cases. Huge backlog – very concerning that not being used in criminal realm. Ongoing conversation in criminal world around – State v. Blake - invalidated controlled substances statute. Prosecutors have done a nice job looking at cases to dismiss etc., vacated and get those individuals out of jail/prison. Resentencing for thousands across the state. Working to resentence remotely at defendants’ correctional facilities, have clerks witness fingerprinting etc., to ensure procedures. We have resentenced a handful ourselves. i. Judge Vanderwood; There was one with a single jury member’s family testing positive for COVID, which impacted trial. ii. Judge Sheldrick: I echo what Judge Fairgrieve stated, not having trials when we are able to hear them. Terry Vetter has announced retirement so will look at Family Law evaluator.

C. Rachel Brooks: We are offering free CLE April 22 – 1 -4 pm RE: DV in later life – input from social worker and go through a hypothetical and panel with Judge Gonzales. I will send it out to Elder Law Section D. James Smith: I feel the criminal trial situation is accurate – but the process worked well, smooth.

E. Dan Lloyd: Plug for city – real estate attorney position and general civil position is opening soon – Keep an eye open for posting if interested.

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transfer payment will be 50% (but no less than the $50 presumptive minimum per child) from the fourth month until 1 year after release from incarceration, when it will return to the original transfer payment amount in the order.

J. James Smith: Recently had a trial using the fairgrounds for jury selection, the process worked well and went smoothly.

K. Matthew Kimball: As you all know we have been working on communication with inmates at jail – quote back from facility way under what we thought, under 6k. We will be put in order for JAB systems – rush order. About a week before the systems comes in, we will work with wiring. Practitioners can then do secure zoom meeting i. Jeffery Keddie: share with state-wide partners to know this because sounds like low-cost solution.

L. Sean Downs: - Working on resentencing (State v. Blake) – with other counties with public defenders it is easier, but for us here it is by volunteer to look through cases for resentencing affected by possession of controlled substance. Notify client that we are filing action on their behalf. Remote resentencing done recently by DOC, worked well. Hopefully, get that going here soon. Trying to organize with volunteers and trying not to get people lost in the cracks. Also, to vacate for housing, employment, etc.

Respectfully Submitted, Nicholas Alexander

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