October 2021 Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

October 2021

February 2020 2019 December

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.

October Hearsay Contributors Commissioner Jill H. Sasser Clark County Superior Court Commissioner Jill H. Sasser began serving as a judical officer for Clark County Superior Court in 2021.

Leila Arefi-Pour Vancouver Defenders Leila is currently an associate attorney at Vancouver Defenders where she serves as a public defender. Leila is also the current president of the Young Lawyers Section of the CCBA.

Judge Chad Sleight Clark County District Court Judge Sleight began serving as a judical off icer for Clark County District Court in February of 2017.

Laura S. Nelson Samuels Yoelin Kantor, LLP Laura Nelson is an associate attorney at Samuels Yoelin Kantor. She focuses on estate and trust administration, elder law, and guardianship matters.

teresa foster partner in charge vancouver

We protect what our clients value most.

McKinley Irvin attorneys are known for their relentless pursuit of successful results, whether representing individuals in financially complex divorce or high conflict parenting disputes. But perhaps our most noted distinction is our steadfast commitment to protecting what our clients value most.

mckinleyirvin.com vancouver portland seattle bellevue kirkland everett tacoma

CCBA Colleague of the Year: Rebecca Wittenborn page 11

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Welcome to the Bench Judge Abigail Bartlett page 20

Getting to Know Judge Nancy Retsinas page 10

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HEADER (CHANGE ON MASTER B)

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Why did you become a judge: It’s pretty simple: I wanted to be a contributor. I have enjoyed a gratifying legal career and I think I’ve done some good.

Stepping into this role allows me to broaden my reach and do more good. As a judge, I can be an integral part of the evolution of a justice system that is more transparent, responsive, and equitable towards the public it serves.

I absolutely could not live without: Family and friendships. And laughter.

An item from your bucket list: Volunteer at a hospice center.

What was your first car: An older model oxidized red Subaru Hatchback.

What is your favorite spot in the Pacific Northwest: The Tillamook Coast.

The most memorable trip you have ever taken: In the spring of 2002, I took my mother on a trip to New York City and London for her 80th birthday. We walked our tails off, navigated the NY subway and the London Tube, saw Trafalgar Square and Wall Street, explored Ellis Island and the Tower of London, and experienced so much more. On a more somber note, we had the honor of spending some time around the fallen towers just six months after the attack, witnessing the devastation and commemorating the victims of 9/11.

How was Clark County changed since you started practicing: For starters, the population of the county has doubled, from 250,000 to more than 500,000 in the last 30 years. And the percentage of lawyers who identify as female has nearly doubled in that time-period, from around

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20% in 1991 to about 40% today. These changes have brought much needed diversity and broader perspectives to our legal community. It is refreshing to see acknowledgements from the legal community and our justice partners of the need to promote even greater equity, inclusivity, and diversity within the profession and beyond.

What have you learned in your time as an attorney: Law school taught me how to analyze complex legal issues and advocate the heck out of a dispute. I think of law school as giving me my starter lawyer toolkit – complete with a hammer, a screwdriver, pliers, and a utility knife (with spare blades!). Over my years of practice, I expanded my lawyer toolkit – I bought a tape measure, a level, a putty knife, a flashlight. I learned how to navigate human problems within the context of a legal issue. I learned to put people before the problem, see the bigger picture, be more creative, and find better overall solutions.

What advice would you give those aspiring to be a judge: Expand your toolkit (see above) Regularly observe dockets, hearings, and trials outside of your usual area of practice to give you a broader perspective of how the law works throughout a range of legal disciplines Seek out opportunities to hone your skills as a neutral, such as: pro tempore judge, court visitor, guardian ad litem, administrative law hearings officer, school discipline hearings officer Aspire to excellence in all endeavors and be impeccable with your word Treat people kindly and respectfully

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Becca Wittenborn

Rebeccca “Becca” Wittenborn is the first winner of the Clark County Bar Association “Colleague of the Year” award, which will be presented to her during the virtual CCBA Annual Meeting. Becca is currently the judicial assistant to Superior Court Commissioners Carin Schienberg, Stefanie Ellis and Jill Sasser. She previously worked with the late Commissioner Dayann Liebman, and Judges Jennifer Snider, Scott Collier and Daniel Stahnke (when they were Commissioners). She started with Clark County Superior Court in 2004 in the Juvenile Department as a legal secretary. For years, she served both as a Juvenile legal secretary and Judicial Assistant to the Commissioners. She is an incredibly hard worker and she is very appreciated. Congratulations Becca!

Personal Status: Married; two dogs and two cats.

Hometown: Caldwell, Idaho – we moved here when I was 5 but spent every summer growing up there, camping, fishing, dirt bike riding, swimming and spending time on the family farm. Yes, we had farm animals, including goats and pigs.

Hobbies: Kickboxing, reading, spending time with family and whitewater rafting.

I have been skydiving and would like to do more but don’t make the time.

Favorite beverage: microbrews, vodka, flavored water or Fresca

by Commissioner Jill H. Sasser Favorite part of her job: I like helping people and sometimes that is part of what makes my job so difficult. I constantly have to remind myself to stay within the boundaries. The variety of matters the Commissioners handle always keeps me juggling duties, my mind expanding and always on the go as we don’t have any down-time. I love that! (and working with my amazing Commissioners.)

Last book read: Fearless: The Undaunted Courage and Ultimate Sacrifice of Navy SEAL Team SIX Operator Adam Brown Bucket list trip for the future: The Mediterranean

Chriss Elliott, paralegal at McKinley Irvin: I met Becca about 20 years ago. I figured out fast how busy she was. Sometimes people would complain the Commissioners weren’t receiving their bench copies.

So I just called Becca and said, hey, I know your job is so tough, how can I make it easier. She said, bring your bench copies directly to me at Juvenile. From there, I always just dropped by to visit with Becca and bring her my bench copies. I discovered what a kind, wonderful person she was even though she had a very stressful and thankless job. I have witnessed her patience while assisting unrepresented people and the legal community.

For years, Becca and I discussed how great it would be to form a committee to assist legal support staff in making sure court rules and procedures where followed. In 2019 we were finally able to put together this committee along with Krystal Nixon, Stephanie Jones and Lisa Laurenza. We love working on this project together.

Outside of work, Becca is a lot of fun to hang out with. We laugh often, cry sometimes, and often just visit about the past and the here and now.

I am blessed to have gotten to know Becca on a professional level and a personal level and trust we will have many more times of laughter and fun along with our business relationship.

Stephanie Jones, paralegal at Wheeler Boyd: I’ve known Becca for over three years now. It’s during this time I learned what a precious hearted, hardworking, intelligent, funny, caring, beautiful woman she is. I quickly became aware of her extensive knowledge of the legal field and her passion for helping everyone around her. I came into this field having just graduated from my program and Becca took me under her wing, taught me more than I could have ever imagined and made me feel so welcome. You need to be around Becca only a short time to realize how passionate and talented she is and the love she has for those she works with. I consider myself incredibly lucky to know Becca not only as a fellow member of the legal community, but as a friend. I can’t think of anyone who deserves this Colleague award more than my sweet, Becca Boo. Cheers to you and all that you do!

Krystle Nixon, paralegal at Wheeler Boyd: I am not sure there is much to say about Becca that most do not already know.

Becca is a selfless, strong and a beautiful woman inside and out. In the 10 years that I have known Becca she has always been willing to provide guidance when needed. When I first started working in family law, and made many mistakes, Becca was always kind when reaching out about something I did incorrectly or questions she had about a case. Becca has a way to make people feel welcomed and is always willing to answer questions–whether simple or challenging.

As the years passed our friendship grew into what it is now. As I have become closer to Becca I have watched her always put work before anything else. Becca stays late often to ensure all emails are answered and calls returned. She is patient with pro se litigants and always willing to assist in whatever way she can. When there are updates with the court, new procedures, or any important information that needs to be known she always ensures to pass that information on so that it can be shared with the paralegal group that she helped form. I can only imagine the daily workload Becca has with managing calendars, dockets, and communications for three Commissioners, yet she still finds time to be a great resource for all of us in the legal community. Becca constantly remains composed and in good spirts even with everything that is put on her plate each day. Becca truly deserves to be awarded this Colleague award. Congratulations, friend!

Jill Switzer, paralegal at Spencer Law, PLLC: I’ve known Becca for over 5 years, that is when I joined the Clark County law community. From day one, Becca has been encouraging and helpful to me when I don’t file a pleading correctly or didn’t have the correct documents for the Commissioner’s review prior to a hearing or whatever mistake I have made, she is always there to help. Since then Becca and I have become friends, I have to say that I cherish my time with Becca, not two minutes go by when you are with her that she doesn’t make you laugh! She always has a great story to tell about herself and/or her world! I do have to say that she does need to work on her speed when creating a Christmas wreath from real evergreen branches and homemade bows or a paint night with a glass of wine/beer. As with her job she is a true perfectionist at her crafts. I say that with “love” Becca. I truly am blessed to call Becca a friend! Congratulations Becca, this Colleague Award is well deserved!

Commissioner Carin Schienberg: I have had the good fortune to have Becca as my judicial assistant for the past 18 years. Becca takes care of Four commissioners. And she does this with skill, patience, efficiency, a certain amount of complaining and humor. She makes us look organized and keeps the flow of documents and dockets going smoothly.

She is a good friend and confident. I cannot imagine doing this job without her.

I am thrilled that Becca is being honored with this award.

Commissioner Stefanie Ellis: Becca is amazing! She is always willing to do whatever she can to help, whether that be with a pro se litigant, experienced attorney or paralegal, or with all of the Commissioners. And she always does so with a kind word and a smile to everyone she interacts with. Becca regularly goes above and beyond to make sure that the Commissioner dockets run smoothly each week and I am thrilled that she is being recognized by all of us for her hard work.

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Unprecedented Times

By Laura Nelson

“These are unprecedented times” – a phrase I think we’re all sick of hearing. As the unprecedented times become more precedented times, I’ve had time to reflect on some of the silver linings of this COVID cloud. As we weather the storm together – apart, I’ve had the opportunity to shelter in place and work from home with my sister and her daughters, ages 3 and 1. In March 2020, my co-workers were highly intelligent, skilled and trained professionals. In March 2021, my co-workers were still highly intelligent, learning social and interpersonal skills, but not 100% toilet trained.

My new co-workers, who are still mastering the art of the English language, the porcelain throne, and dressing for anything other than deranged princess games, are teaching me skills that hopefully will outlast these “unprecedented times.”

Naps Are Good, but Don’t Sleep On The Job As a childless auntie observing this new toddler world while working from home, I have learned a lot from observing my nieces. When the tummies are full, the diapers are changed, and all other needs have been met, if your toddler is still fussy, you might try a nap. Naptime is crucial for the toddler (and the weary caretaker), as it usually resets the attitude button, and gives much needed respite to the caretaker. Put your toddler down for a nap too early, and it’s a battle. Put your toddler down for a nap too late, and you risk cranky attitudes and a late bedtime. If my sister has taught me anything about toddlers, naptime is magic and timing the nap is as precise a science as looking into a crystal ball.

So, what – I’m telling everyone to take a daily nap? Hmmmm… maybe! But precisely, professionals who work from home need to rest and establish good boundaries with work, especially in this work from home era. Like my sister timing naptime with the precision of a cardiac surgeon, professionals need to consistently check in with themselves, and take the time to rest and refresh when we need it. The work and 20

home lines have blurred, and it’s harder than ever to turn off our computers, phones, etc. since the work is at home, staring us in the face. A good way to avoid burnout is taking breaks when we need it, whether it’s a midday nap (when appropriate), or a quick walk around the block.

All Work And No Play Makes Jack A Dull Boy Before working from home, I had a highly regimented schedule, which included 10am snack, 12pm lunch, 3pm coffee snack, and dinner around 5pm. Rarely did that schedule include any “play” time, although I’d sneak away from the office to shop on occasion. Now, it’s not uncommon for me to hear my toddler co-workers chant (at any time of day) “fashion show, fashion show, fashion show at lunch!” It is then expected that all occupants of the house drop what they’re doing to either observe or participate in said fashion show. My new co-workers also demand to be chased or for a rousing game of hide and seek at the drop of a hat. Play time is any time.

Since engaging in brief bursts of play throughout my workday, I’ve learned that my favorite roles include “lava monster”, wicked stepmother from almost any Disney movie (also, should we talk about how stepparents are demonized?!?), and Miss Hannigan.

Taking breaks for play – especially in a highly demanding and sometimes emotionally draining field – refreshes my ability to deal with difficult matters. They allow my brain a break and the ability to disconnect personally from the problem at hand. When I come back, I am sometimes able to see the problem from a different angle or perspective. Play time can also be used to get things done – the wicked stepmother and Miss Hannigan are very effective in getting toys picked up or last bites of dinner eaten. For me, and a lot of lawyers, recording time can be a drudge, but if it’s done with a crazy hat ala fashion show at lunch, or while giving directions to your “orphans” who are also cleaning their toys, it can be more bearable.

If At First You Don’t Succeed …

Toddlers are relentless. When they want something, they want it NOW. I have never had a boss more demanding than my new co-workers. I am amazed daily at the simplicity of the tasks that they are charged with learning like letters, dressing, and yes, toilet training, that they do not master, yet they try, try again. They embrace the learning and the challenges, with encouragement from parents, teachers, and other caretakers. As a lawyer, I have learned that we do not wake up one morning, Elle Woods style, with all the abilities, knowledge, skill, and training that we need to be excellent lawyers – *sigh* that’s why they call it the practice of law. I suspect it is this way in every field – we are born with innate talents, but the talents must be carefully honed and our skill crafted to make us great in our chosen profession.

Surrounding myself with family, friends, and excellent mentorship has helped me, as a baby lawyer, try, try again, even when I wanted to throw a tantrum and quit.

My new co-workers will never replace my old co-workers, but I have learned some very valuable lessons from my sweet, funny, frustrating, and adorable nieces, who have helped shepherd me through these “unprecedented times.”

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District Court Welcomes Judge Abigail Bartlett to the Bench by: Judge Chad Sleight

Abigail Bartlett was

selected by the Clark County Council on July 20th to replace retiring Judge John Hagensen and become the second District Court Judge in the history of Department 6. Her Investiture took place on August 5th in f ront of family, f riends, judges, others f rom our legal community.

I t wa s a wo n d e r f u l event. Judge Langsdorf, Judge Kelli Osler, and Prosecutor Tony Golik were the distinguished speakers. Judge Langsdorf performed the oath.

Personally, there were two moments of the Investiture that were my favorite and really left an impression on me: One, when Judge Bartlett spoke about the role that her Mom played in her life and helping her become the person she is today. Two, Judge Bartlett described being so grateful that the only three female District Court Judges in the history of the Court were present and that she was going to get to work with all of them as colleagues.

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Since Judge Bartlett had been a District Court Commissioner since 2017, a “welcome to the bench” article did not seem quite right to me. So, I thought an Entrance Interview format would be fun, and Judge Bartlett graciously agreed to answer all my questions.

I began with some fun and easy ones, and then hit on some deeper and more meaningful things: -What was your first car: Maroon Pontiac Grand AM -First CD: Pearl Jam -First Concert: Morrissey at the Starlight Bowl in San Diego -What were you like in High School: A straight-arrow.

I was in Student Government, Rotary Club, Choir, and all-Girls community service group.

-What did you want to be when you grew up: U.S. Ambassador; I wanted to live abroad, experience other cultures, and interact with the people -Favorite TV Show: The Office (she also confessed to loving a number of shows on Bravo!)

-Favorite Movies: Knives Out, Gosford Park; Get Out; Clue (1980’s classic!!)

-Favorite Board Game: Clue (of course!)

-Favorite Animal: Hippopotamus; I loved the George and Martha books as a kid and then got to see hippos in their natural habitat on a trip to Kenya -Nicknames?: Abs, Babs, Yahbie -If you could only eat one thing for the rest of your life, what would it be: Brownies with chocolate frosting -Favorite Season: Summer; I love being outdoors and I LOVE being warm -What is the one thing (not family or people) that you can’t live without: Nescafe coffee; It tastes incredible and drinking it makes me feel like I am on vacation in a foreign country.

pictured from left to right: The early years with my husband, Aaron – this is us at the 2007 Vancouver Defenders Christmas party; Me and my sister as kids – I thought my Wonder Woman bathing suit was the absolute best.; Kenya with my mom, 2008; This is me in pre-school, back center row; A typical weekend in high school for me – just dressing up with my best friend for no reason.

-What movie makes you laugh every time, no matter how many times you have seen it: Pineapple Express -What do you listen to in the car: NPR’s daily podcast, Daily Show w/Trevor Noah, Real Time w/Bill Maher, and Wait, Wait Don’t Tell Me -What do you think about when you are alone in the car: As is the case for every working parent, so many things have happened before I leave for work in the morning and so many things will happen when I return home at the end of the workday. When driving to work, I try to set-aside whether I packed the right stuff in the backpacks or who freaked out about me putting gel in their hair because it’s “too pointy.” Instead, I try to think about what is on the agenda for my day and how I am going to approach it. When I drive home, my mind goes to what happened in court that day, whether it went well, whether I should do things differently next time…and then transition to thinking about whether the Boys have practices, what we are going to do for dinner, and whether or not I am going to have time to work out (the answer to the last question is typically no… which I justify because I am too busy with other things).

-What is your favorite thing about being a Mom: Talking/chatting with my Boys is the best because I get to hear what they think about things (also how they say it). Kids have a unique sense of right and wrong, and I love their perspective. I also get advice from my kids sometimes…and it’s usually good!

-Favorite place you have ever visited: Kenya; I went with my Mom in 2008. It is a such beautiful place, the people were incredible, and seeing the animals on our safari’s was something I will never forget -Where is the place you still most want to go: Costa Rica; I want to take the Boys there to see the Sloths -If you could have one Superpower: Time Traveler -If you could travel back in time to one historical event: (she said it was impossible to pick just one, so she gave me a few): Witnessing the event that lead to the dinosaur extinction; the building of the Pyramid of Gaza (so I could ask someone what was the purpose of the secret chambers); visiting Pompei before the eruption of Mt. Vesuvius; the March from Selma to Montgomery; the inauguration of Nelson Mandela; the Women’s March in Washington D.C. -If you could have dinner with 3 people alive or dead: Greta Thunberg, Kofi Annan, and Michelle Obama -If you had a day completely to yourself, what would your Perfect Day look like: Sleep-in until 9:00, have a latte and a muffin, watch a Bravo show (one of the Real Housewives), go for a trail run outside, call family members who live far away to catch up on their lives and hear their voices, go shopping, and then meet friends for a nice dinner -Best advice you have every been given: Own what you do, but learn from what you do

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-Favorite things about being a Judge: Problem-solving; I love the law because it is like a puzzle to try and solve; I enjoy talking to people and learning about their circumstances; Explaining things to people in terms they will understand; Demystifying the court process -Is there anything else you want people to know about you: I am a recovering perfectionist. I think many of us who share this personality trait go into the practice of law. We expect a lot of ourselves, we try to do the best job possible, and perhaps (we believe) if we can just do things perfectly, then we can be beyond reproach.

I have come to find that the goal of perfection is set-up for nothing but failure.

My goal now is to always be learning and to always strive to do better and be better. I do not expect perfection from anyone who comes into my courtroom, and I only expect that them to do the same. I care deeply about District Court and the work we do here. I will always be working to make decisions that are fair and just. I want to increase access to justice in our Court, and to bring meaningful diversity, equity, and inclusion to our court and our community. If you would ever like to talk about the law, how things are going in court, or anything else, my door is always open and I love to get coffee. Please feel free to email me at: abbie.bartlett@clark.wa.gov I want to thank Judge Bartlett for being a good sport, and being so open to answer all of my questions. I hope that you all enjoyed getting to know her better.

She has been and (in her new role as Judge) will continue be a great asset to the District Court Bench and to the citizens of Clark County. I am grateful that she is my colleague and my friend.

QuickBooks Desktop 2021 Will Be The Last Non-Subscription Version by: Emanuela Sandri | Attorney Bookkeeping Services, Inc. With version 2022 to be released this Fall, QuickBooks Desktop is going to subscription only. QuickBooks Desktop 2021 will be the last non-subscription version.

When checked, Amazon, Dell, newegg.com, Office Depot and Staples offer QuickBooks Desktop Pro 2021 non-subscription version at the regular price of $399.99 for one user. To continue without subscription, it is highly recommended that you buy your version of QuickBooks Desktop 2021 (e.g., QuickBooks Desktop Pro 2021, QuickBooks for Mac 2021, or QuickBooks Desktop Premier 2021) at your earliest opportunity.

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Inns of Court -

HEADER (CHANGE ON MASTER B)

Welcome to Inns of Court 2021-2022! Inns of Court is an association of lawyers and judges who meet regularly to build and strengthen professional relationships; discuss professionalism and legal issues; share experiences and advice; earn CLE credit and advance the highest levels of integrity, ethics, and civility. We are planning on virtual meetings for October and November, and hopefully an inperson social event in December. We will re-evaluate in December for potential in-person meetings in January, February, March and April. Any attorneys or judicial officers interested in joining or learning more about our local Inns of Court chapter are welcome to email jill.sasser@clark.wa.gov Planned schedule of meetings: October 20, 2021 (virtual) November 17, 2021 (virtual) December 15, 2021 (tentative in-person social event) January 19, 2022 (TBD) February 16, 2022 (TBD) March 16, 2022 (TBD) April 20, 2022 (TBD)

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We’re Lawyers…Now what? by: Leila Arefi-Pour Law school was like an uphill climb. You are just chipping away with no end in sight and then suddenly, 3L year, light appears at the end of the deep, dark tunnel. That light is then immediately clouded over by the bar exam. After those intense months of bar prep, the months of waiting to find out if you passed, job searching, and then finally landing in a courtroom or law office somewhere, the feeling of impending doom falls over you as you realize that you have no idea what to do.

It wasn’t so long ago that I stood before a judge with my boss behind me at counsel table, a client on the side of me, and the eyes of everyone in the court burning into the back of my neck that I realized… I had no idea what I was supposed to say or what I was supposed to be doing. All I could think was: “Oh God, please let me say the right thing”.

To make matters worse, I tipped over the judge’s pen cup when I was handing my form to him. Welcome to the practice of law!

I got back to my car feeling humiliated and exhilarated at the same time. I had really made it. I “lawyered” today! That childhood dream of becoming an attorney was finally a reality but I felt so lost. Wasn’t I supposed to know how to be someone’s attorney?

Wasn’t I supposed to have all the answers? Wasn’t I supposed to have it all figured out? I knew the law and how to apply it, but nothing could have prepared me for what lay before me, actually being an attorney.

Everybody always says it’s called “practicing” law for a reason and I had just figured this out. It was a trial-anderror process (pun intended). It was also about who you know that could guide you in the right direction…

AND all of that was before Covid…

I can’t imagine what really new, fresh out of the bar exam attorneys are going through in these uncertain times with hardly ever having been to court and only appearing via Zoom. In an effort to be a light to others who may be in the dark in their new practice of law or political aspirations, I spoke with several younger attorneys and a young politician about how they have gotten or are getting through their roles being younger, being new, being different, and all while dealing with the push back for more senior members of their communities.

Since some of us are aspiring politicians or will find ourselves inadvertently in a political role at some point in our everchanging careers, I spoke with the mayor of Aumsville, OR., Derek Clevenger about his experiences being in leadership as a millennial. Derek highlighted how he came to be the mayor and the push back that he faced from some older members of his community.

Derek never thought he would ever run for a position on the city council; however, a tax imposed on the city’s residents water bill led him to take a stand. The tax was a $12.00 tax on Aumsville residents water bill

which would cause lower income people to be in jeopardy of having their utilities shut off if they could not pay it. After some encouragement from some outraged constituents who were hoping for a fresh start with the election, he decided to run for mayor. Though some constituents in his town were all for new faces in leadership, some were not. From the conversation that I had with Derek, it sounded like the push back that he faced was due to change in policies, procedures, and council members who had been in their positions for extended periods of time.

I also got some input from fellow younger attorneys in our community. Several of these newer attorneys shared with me the obstacles they face in getting proper mentorship because of Covid, some are having to navigate virtual court rooms with no guidance, some are feeling alone and bogged down with work in which they have no idea how to proceed and are nervous about asking for help. Our Young Lawyers Section Secretary, Bennett Brandenburg shared that since Covid started, there have been far fewer social events where attorneys, young and old, could meet and discuss the struggles and stresses that we all face. Bennett also stressed that in the Criminal Law arena, because of the lack of face-to-face opportunities, there is such a chasm between the prosecution and defense, now more than ever, which had not been so prevalent previously.

Our work is hard. It is mentally draining. There is no confusion as to why attorneys have such high addiction rates. It’s because most of us take on our client’s stresses.

This becomes a lot to juggle when we have numerous interactions with clients and their families each day; not to mention our own personal lives and struggles.

At the end of the day, we carry the weight of the world on our shoulders. As a newer attorney, that weight can feel like the weight of the galaxy rather than just the world and its all riding on our shoulders. This pressure in the times of Covid for brand new attorneys is amplified because some of you have never set foot in a courtroom and have nothing to base your virtual practice of law on. However, I and my colleagues have some, hopefully helpful, words of wisdom for you.

Derek accredited his success as a young politician to perseverance, getting to know his constituents, and building trust among his co-council members. Our Young Lawyers Section Treasurer, Owen Sutanto, suggests finding a friend in the legal community who you can bounce ideas off; perhaps outside of your office so you can speak more freely. A great place to meet mentors during Covid times are CLE’s. There are plenty of CLE’s where you can reach out to speakers or attendees for assistance with cases who will be happy to help out. Observation of dockets is also a great way to prepare for court appearances and understand what is expected of you. Lastly, don’t be too hard on yourself. Lawyering is hard and you are doing better than you think.

The Young Lawyers Section is here to support you during these stressful times.

Please reach out to us if you need guidance, resources, or just someone to chat with over the stresses of day-to-day life as a new attorney. We are here even though things are different. Keep an eye out for events that will be coming up this fall.

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Law Library Finding Secondary Sources in Westlaw You have free access to Westlaw through 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. You may also use Westlaw in the library for 30 minutes per day.

Secondary sources can be a great way to start researching an unfamiliar topic.

They help you learn the concepts and terminology, as well as lead you to primary materials.

Our Westlaw subscription contains law reviews and journals, treatises, ALR, Am Jur 2d, Am Jur Proof of Facts, Am Jur Trials, and CJS. From the main page, you can click on Secondary Sources in the All Content tab to see what types of material are available by type, jurisdiction, topic, or publication series. Note that Westlaw may list material on these lists that are not included in our subscription.

To see what’s included in our subscription, go to the top right, click on the person icon and select My Content. You will see an alphabetical list of all of the content in our subscription.

Alternatively, select Secondary Sources from the main page in the All Content tab, then click on the Full Secondary Sources Library option in the right column under Tools & Resources.

This method will take you to a full alphabetical list of all secondary sources, not limited to only those in our plan. Those without labels are included in our plan, and items labeled are those that we cannot access.

Other options at Tools & Resources can help you research unfamiliar terms such as Black’s Law Dictionary or Words & Phrases.

If you are unfamiliar with Words & Phrases, this source helps you find cases in which a term was defined by the court.

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You may also run your search within all secondary source materials by selecting Secondary Sources from the main page in the All Content tab, and then using either natural language or Terms and Connectors within the search box. Note that the search box is now labeled “Search Secondary Sources” so you know your search is limited to this type of content. After running a search, you can use the options in the left column to narrow your search. You can use jurisdiction, publication type or name, etc., or use the Search within results feature to narrow your results. Remember that you must use Boolean Terms and Connectors for this function.

If you know the title of the material you want to search, type the name of the publication in the search bar to go directly to that title from the home page. You can use the table of contents or the search bar to find material within that publication.

In the next two issues, we’ll talk about some specific resources. First, we’ll cover Briefs and Trial Court Documents in November, and then Jury Verdicts in December.

Too busy to deal with an appeal?

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Clark County Bar Association CCBA ANNUAL MEETING MINUTES Septemember 22, 2021

Minutes of the CCBA Annual Membership Meeting 9/22/2021 Via Zoom due to COVID19 CCBA President Emrich Opening remarks and welcome Colleague of the Year Award Rebecca Wittenborn, Judicial Assistant to Commissioners Schienberg, Ellis, and Sasser, is the first recipient of this award. Congratulations, Becca! Thank you for your hard work.

Nominations and Election of New Officers and Trustees Slate: President: Jesse Jacobs, Vice Pres: Christina Phelan, Secretary: Le Ann Larson, Treasurer: Ben Melnick, Trustee: Erica Aquadro (year 2 of 3), Trustee: Whitney Hawke (3 year term), Trustee: Deb Wechselblatt (1 year term vacated by Christina Phelan), Immediate Past Pres: Christie Emrich No nominations from the floor. Motion to elect proposed slate of officers (Gaffney/Aquadro) Motion passed Introduction of Jessee Jacobs, newly elected CCBA President Brief remarks.

2020/2021 President’s Award Thank you to Christie Emrich, outgoing CCBA President, for your work and contributions. Christie brought her energy and ideas and helped navigate the changes Covid brought to our organization.

Christie stays on with the board as the Immediate Past President.

Annual Report of Superior Court, Judge Derek Vanderwood This has been the year of three Cs: Challenge-Change-Covid Changes: Many judicial officer changes this past year with the additions of Judge Sheldrick, Judge Banfield, Judge Retsinas, and Commissioner Sasser. Also, Cheryl Stone is the new Superior Court administrator.

Unlawful Detainer/Evictions: moratorium lifted, right to counsel, extra docket time, Judge Gregerson is hearing these dockets.

New Minor Guardianship law: new right to indigent counsel, new docket for Emergency Guardianship petitions Blake decision: dismissals and resentencings Covid: Jury trials restarted in the spring. There is a continual evaluation of circumstances with safety in mind. Masks required. Virtual court proceedings are becoming standard practice. Post Covid 32

the courts will evaluate continued use. Dress appropriate and remind clients to as these are court proceedings. There are new local rules regarding timing of filings and formats.

Annual Report of District Court, Judge Kelli Osler New Judicial Officers: Judge Abbie Bartlett, Judge James Smith, Commissioner Erin Priest Liberty will switch to ON BASE 1/1/22. Tutorials, online demos, user guides, and FAQ answers are coming soon to aid in the transition Docket changes coming 1/1/22: new rotations, all judges will have domestic violence cases in their rotation, will continue to have separate dv weeks The court is identifying Blake affected cases The court is continuing the conversation about eventual post-Covid court processes.

Clerk’s Report, Scott Weber Blake refunds are being worked on The ON BASE conversion from Liberty is in the works. There will be minimal changes from the function of the software. Scott expects to receive training manuals in the next few weeks. Clark County is changing bank accounts: Cash any county checks by 12/16/21! E-filing continues to grow Treasurer’s Report, Ben Melnick Barely in the red for this fiscal year. All things considered, it worked out better than expected. There may not have been a loss if the Summer Soiree could’ve been held, but that was how it worked out.

Ben presented the proposed budget for 2021/2022. Motion to pass proposed budget (Emrich/Petersen) Approved.

CCBA Section and Committee Reports Family Law Section: Chelsea Elliot There is a new board for the FLS. Chelsea is the section President. CLEs will continue and there is a social event this evening at Shanahan’s.

Young Lawyers Section: Leila Arefi-Pour The CLE series is almost completed with one scheduled in October and a rescheduled date for the criminal topic CLE. They are assessing upcoming social event opportunities. To continue with the section mission to support young lawyers, they are revisiting the creation of a mentorship program.

Guardianship, Probate, and Elder Law Section: Julie Payne Virtual court hearings have enhanced the ability for increased participation by parties with disabilities and/or transportation issues.

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The new Guardianship statute has generated a lot of calls for attorneys who do adult guardianship practice. However, most of the attorneys don’t do minor guardianship cases. If you practice in the area of minor guardianships, please let the section know so they can tell attorneys who to refer people to.

Join the section! This is an expanding area of law and it is a great time for attorneys new to this area of practice to join this section. There will be upcoming trainings on the law changes. More GALs are needed and there will be training for that too. New forms are in the works. Thank you to Superior Court for dedicating a single judge, Judge Retsinas, to these cases.

CLE Committee, Christie Emrich Upcoming CLEs being planned: 2 family law, 2 criminal, 2 civil topics. There will be an ethics CLE in December. A CLE is being planned regarding practicing in neighboring counties.

Membership Committee, Erica Aquadro The committee is planing CLEs on implicit bias and Qlaw. A spring series is in the works.

Hearsay Committee: Nathan Petersen Come join us! We are seeking a diversity of individuals and practice areas to round out the committee.

You can help in 3 ways: 1) join the committee and/or 2) write an article and/or 3) tell us your ideas for articles.

Social Committee: Christina Phalen Unfortunately the Summer Soiree and Bowling with the Judges had to be Covid canceled. Looking into a possible outdoor fall event. Additional committee members are welcome to come plan the fun.

Mock Trial, Commissioner Jill Sasser Planning is starting again. There is an October 11th planning meeting at noon being held on Zoom.

Thank you to Judge Fairgrieve and Judge Lewis. Email Commissioner Sasser if you are interested in joining the committee.

Inns of Court, Judge James Smith Contact Commissioner Sasser if you are interested in joining Board Appreciation, Christie Emrich Thank you to Paige Spratt for your 6 years of service on the CCBA board and your service on the CLE Committee.

Thank you to Dan Gasperino for 3 years of service on the CCBA board.

Adjourned 12:49

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Clark County Bar Association CCBA BOARD OF TRUSTEES MEETING MINUTES August 3, 2021

Minutes for the CCBA Board of Trustees Meeting September 7, 2021; Meeting via Zoom Called to order 12:05 p.m. Emrich, Larson, Phelan, Melnick, Aquadro, Spratt (Darco present) August 2021 board meeting minutes: motion to approve (Melnick/Aquadro) Approved Treasurer’s Report (Melnick): Reviewed financial reports for August. Our fiscal year, which runs September through August, totals are in. Ended about 4k in the red for the year. A conservative budget was proposed for next year very similar to this last one. Next year is anticipated to be better with more planned social events, which are revenue positive or neutral. Discussed proposed budget. Motion to approve the 2021/2022 Proposed Budget for presentation and vote at the upcoming CCBA General Meeting (Larson/Emrich) Approved Ongoing Items Trustee Assignments Hearsay: trying to expand the committee with more voices represented Social Committee: (Phelan) the Summer Soiree had to be COVID canceled and planning for the golf tournament and bowling events has stopped.

CLE Committee: (Spratt) looking for more members Membership:(Aquadro) looking to secure two great speakers, sponsors needed! Previous Action Items: Clark County Courts Processes Evaluation/ Survey of Membership (Emrich) Seeking family law lawyers input for questions to add to the court process survey. Insurance – Abuse Procedures Policy (Darco) Reviewed proposed policy that Ben Melnick worked on. Thank you, Ben! Corrections and edits suggested. Revised draft will be sent to board members via email for approval.

Current Action Items: Annual Meeting (Emrich) September 22nd at noon. Will present the first Colleague of the Year Award and hold board elections CCBA Admin Assistant position status (Darco) After round two of the hiring process and an offer made, it again did not work out that it was accepted. Position remains unfilled. Hiring process paused.

Formal Swearing In (Darco)

HEADER (CHANGE ON MASTER B)

A 9/22/21 noon event will be facilitated by District Court and Judge Parcher. There are Zoom and in person appearance options.

Soiree Recap (Emrich) The Summer Soiree event had to be Covid canceled. The event venue deposit has been moved for a spring date with the ability to get a summer date. Ticket money is being refunded.

Paige Spratt’s Last Board Meeting (All) Thank you to Paige for 6 years of service on the CCBA board! Thank you for your continued involvement with the CCBA on the CLE Committee. You are a star.

Adjourned

Clark County Superior Court BENCH/BAR COMMITTEE MEETING MINUTES Septemebr 14, 2021

BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT September 14, 2021 Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Dan Lloyd (Dan.Lloyd@cityofvancouver.us) Matthew Kimball (Matthew.Kimball@clark.wa.gov) Jessi Anderson (jessi@ccvlp.org) Jeffery Keddie (jefferyk@nwjustice.org) Sean Downs (sean@greccodowns.com) Judge Sheldrick (Emily.sheldrick@clark.wa.gov), and Judge Fairgrieve (John.Fairgrieve@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.

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HEADER (CHANGE ON MASTER B)

OLD BUSINESS: No old business to report.

NEW BUSINESS: Judge Fairgrieve: Superior Court contracted with consultant to review operations. Recognizing need to reevaluate and improve operations. Received scoop of work from consultant, about a 6-month process. Consultant will contact members of staff, seek suggestions, input, etc., and put together recommendations. Mid-March should have recommendations back. We will then implement recommendations if viable.

Crim Pro Workgroup: Recently made recommendations to Judges for improved operations, Judges declined until consultations recommendations are also in-hand. There will be no action in the short term, wanting to wait to see consultant’s report.

Stakeholders will be identified by consultant. CCVLP will likely be stakeholder.

NWJP and CCVLP noted their interest in input of process.

Jury trials: At a Judge’s meeting recently, it was decided not to pause jury trials – three counties in state have paused – looked at information available, and input from stakeholders to make that decision. CDC and DLI standards are being met while we conduct trials. Low number of jury trials helps; not having special distancing issues. We want to try to continue jury trials, we are sensitive to virus. If asking for a continuance because of COVID we will take that consideration seriously, but others want their case litigated, and we are sensitive to that too. Court will continue with jury trials if conditions allow.

Dan Lloyd: Will bench trials be handled remotely?

Family law has had much more experience for a number of reasons. Civil bench trials moving forward. We’ve had hybrid situation with some in-person and others via Zoom. Agreement of the parties is required if testimony is heard remotely.

Judge David Estudillo has replaced Judge Ronald Leighton at the U.S. District Court in Tacoma Supreme Courts guidance is as follows: They want us (attorneys) to do as much remote as possible, which is what we are doing.

Judge Sheldrick – Check with JA as to judge’s preference. Pretrial hearing recommended to work out details of how trial is going to be handled and to ensure the court is set up for it. Remember, there are a lot of moving parts that need to be worked out and communication is critical.

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HEADER (CHANGE ON MASTER B)

Judge Sheldrick: Cheryl Stone is the new administered, who has already started in her role.

A lot of changes in civil scheduling orders. I want to remind the Bar that amendments to scheduling order needs to go to assigned dept, NOT ex parte, even if agreed.

Ex parte Judge this week. What is emergency ex parte rules docket – UD for example, goes to the assigned dept, not Judge Gregerson, although he is the UD Judge. Check LR 40.

Jury trials – We anticipated an increase, but probably will not be the case, despite ability and capacity to do-so. Jury selection back in courtroom, which has increased the number we can handle. Still require masking for unvaccinated individuals, but as of Monday ALL individuals in the courtroom will require masks, following CDC guidelines.

Jessi Anderson: Update on right to counsel and UD docket. Thursday and Friday at 1: 30 in front of Judge Gregerson. Our attorneys still cannot be appointed by the court, but are taking matters on, helping clients. We anticipate certification October 1st for our attorneys.

Also, we are working with the clerk’s office to help with pro se clients – assisting them with electronic filing by themselves, without an attorney. Battle of the Lawyer Bands has been changed to 9/23 – virtual event.

One questions: We were going to be switching from Liberty, is that still happening?

Judge Sheldrick: Practitioners are still going to have Liberty, no immediate change for that, not sure for how long.

Law Library: is hoping an attorney will volunteer to put together a packet for UD, also a packet for emergency minor guardianship. Would be nice to get the word out. Would be good for Law Library too.

Jeff Keddie: I will see if NJP is putting together a packet.

Jeffrey Keddie: We are once again understaffed; be we are hiring for four positions soon. Working with CCVLP in LLT work, everything else going well.

Matthew Kimball: RFQ went out last month, we are going through them and will award contracts soon. Hiring for OA3, prior person in that position did not work out; because of this transition billing will be slower.

Sean Downs: Defense Bar was almost unanimous to suspend jury trials until COVID lessens.

Respectfully Submitted, Nicholas Alexander

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