2022 March Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

March 2022

December 2019

COMMISSIONER SCHIENBERG RETIRES

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.

March Hearsay Contributors Judge David Gregerson Clark County Superior Court The Honorable David Gregerson was appointed to the Clark County Superior Cour t bench in Januar y of 2013.

Commissioner Jill H. Sasser Clark County Superior Court Commissioner Jill H. Sasser began serving as a judical off icer for Clark Co u n t y S u p e r i o r Co u r t i n 2 0 2 1 .

Whitney Hawke Wheeler Boyd Attorneys at Law Whitney Hawke ‘s practice focuses primarily on Family Law. Whitney earned the Clark County Bar Association’s Trial Attorney of the Year award in 2020.

Nathan Petersen Petersen Rothermel Law Firm Nathan Petersen’s practice focuses primarily on family law, including dissolutions, custody issues , child support, and adoptions.

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.

vancouver | portland | seattle | bellevue | kirkland | everett | tacoma | mckinleyirvin.com

Commissioner Schienberg Retires page 12

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Double Hearsay page 18

First Jobs page 26

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CCBA CLE Series: THE NEUROLOGY OF EQUITY AND INCLUSION AT WORK A three part series

The CCBA is proud to partner with Clark County Juvenile Court for a series of CLEs focusing on the neurology of equity and inclusion. Each 2 hour session will address recognizing and combating bias in our organizations and in our personal spheres of influence.

Speakers from Clark County Juvenile Court: Dawn Young - Program Manager II Ruhi Tufts - Program Manager II LaQuinta Daniels - Juvenile Probation Counselor April 11, 2022 May 9, 2022 June 13, 2022 3:00pm - 5:00pm via Zoom CCBA Members - $40.00 per session Non-Members - $60.00 per session Non-Attorneys - $10.00 per session

C C B A

2 Personal Development CLE Credits are approved for each session 11

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Intuit / QuickBooks Phishing Campaign by: Emanuela Sandri | Attorney Bookkeeping Services, Inc.

From https://www.bleepingcomputer.com/news/security/intuit-warns-of-phishing-emailsthreatening-to-delete-accounts/:

Intuit warns of phishing emails threatening to delete accounts Accounting and tax software provider Intuit has notified customers of an ongoing phishing campaign impersonating the company and trying to lure victims with fake warnings that their accounts have been suspended.

Intuit's alert follows reports received from customers who were emailed and told that their Intuit accounts were disabled following a recent server security upgrade.

"We have temporarily disabled your account due to inactivity. It is compulsory that you restore your access within next 24 hours," the attackers say in the phishing messages, masquerading as the Intuit Maintenance Team.

"This is a result of recent security upgrade on our server and database, to fight against vulnerability and account theft as we begin the new tax season."

The recipients are instructed to go to https://proconnect.intuit.com/Pro/Update immediately to restore access to their accounts.

Clicking the link will likely redirect them to an attacker-controlled phishing site designed to infect them with malware or harvest their financial or personal information.

Those who might think twice before clicking the embedded link are warned that they might permanently lose access to their accounts.

The financial software maker said that it's not behind these emails and that the sender "is not associated with Intuit, is not an authorized agent of Intuit, nor is their use of Intuit's brands authorized by Intuit."

Sample phishing email (Intuit)

How to avoid getting phished The maker of TurboTax and QuickBooks urges all customers who have received one of these phishing emails not to click any embedded links or open attachments.

The recommended way to tackle these phishing attempts is to delete the emails to avoid getting infected with malware or being redirected to a phishing landing page that would try to hand over your credentials.

Customers who already opened attachments or clicked the links in such phishing emails should: 1. Delete any downloaded files immediately.

2.. Scan their systems using an up-to-date anti-malware solution.

3.. Change their passwords.

Intuit also shares info on how its customers can protect themselves from phishing attacks on its support website.

In October, the company also warned QuickBooks customers of phishing attacks using fake renewal charges as lures.

The same month, QuickBooks users were targeted by scammers via sites threatening them to upgrade to avoid having their databases corrupted or company backup files removed automatically with the end goal of taking over their accounts.

TurboTax customers were also affected by at least four account takeover attack campaigns in 2014/2015, 2019, and 2021.

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Zoom Etiquette

by Judge Gregerson With nearly two years of hard-earned pandemic wisdom, it’s an excellent time to review the do’s and don’ts of manners while participating in court proceedings via Zoom. Here is the non-exhaustive list of the observations/admonitions from the judges and commissioners of our court, in no particular order:

1. Remain still and keep your camera still, whether you are on a computer or phone.

2. Wear appropriate courtroom attire at the same standard as if you were in the courtroom.

3. Sit in an area with an appropriate background or use a stock one. Pets, errant teenagers, and omelette-cooking spouses are persona non grata.

4..Behave with the same standards of civility and decorum as if you were physically in the courtroom.

5. When using interpreters online, remember to speak in bite-sized phrases and pause for the interpreter to relay everything to all participants on the line.

6. Stay on mute until your case is called. Turn off your video until your case is called.

7. Use the chat function with the DPA on criminal dockets to coordinate a smooth docket and not disrupt the proceedings over minutiae.

8. Make sure your computer and/or phone has the necessary software, equipment, and quality of internet service to support a Zoom transmission--including a high-quality microphone.

9. Advise your clients in advance of standards for appearing in court via Zoom, and make sure they have access to a proper device and internet connection.

10. Limit the use of breakout rooms to confer with your client except when absolutely necessary.

11. Provide original orders to your judicial department in advance well in advance according to their procedures.

12. Be conscious of docket congestion and be brief and to the point when necessary.

13. Patience and courtesy! We are all doing our best to make video appearances work for all concerned parties.

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By Roger Priest

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2022 Clark County High School Mock Trial Tournament Results

By Judge Fairgrieve

The annual Clark County High School Mock Trial Tournament took place on February 15-17, 2022, involving ten teams from across western Washington. Sponsored by YMCA Youth and Government, this year’s tournament was conducted remotely for a second straight year using the Zoom platform and was coordinated from Olympia by YMCA staff.

This year’s case, Xtreme, was written by Clark County Superior Court Judge Robert Lewis. It involves a personal injury suit brought by a mountain biker against a mountain resort for injuries suffered during a mountain bike accident. In his introduction, Judge Lewis states that the case revolves around the concept of responsibility. Specifically, when someone is injured in our society, we have rules about who will bear the burden. The dispute in this year’s case involves determining what the actual facts of the accident are, and how the law applies to those facts.

Each team competed in six rounds over the three days of the tournament. Claire McOmie of Camas High School and Steven Sanders of Seton Catholic High School of Vancouver tied for the T.O.D.A.Y. Foundation best attorney. Maximillian Keffel of Cedar Tree Classical Christian School in Ridgefield was chosen the T.O.D.A.Y. Foundation best witness.

Cedar Tree Classical Christian School Blue Team was the T.O.D.A.Y. Foundation tournament champion. Cascadia Technical Academy of Vancouver placed second, Columbia River High School of Vancouver placed third, and Camas High School Black Team placed fourth. Each school will receive an invitation to the state mock trial tournament which will occur remotely March 11-13. Trophies for the top four teams and medals for the top three student attorneys and witnesses were made possible through a generous grant from the T.O.D.A.Y. Foundation.

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

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Clark County Superior Court BENCH/BAR COMMITTEE MEETING MINUTES

February 8, 2022

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Jessi Anderson (jessi@ ccvlp.org), Le Ann Larson, (leannlarson@clark.wa.gov) Rachel Brooks (rachel@guardianship-law.com), Curtis A. Welch (cwelch@sussmanshank.com), and ( Leslie Lopez (Leslie.Lopez@clark.wa.gov) If you have matters that you would like to bring to the attention of the Bench/Bar, you are welcome to contact the above-mentioned members of the committee.

I. OLD BUSINESS: No old business to report.

II. NEW BUSINESS: a. Jessi Anderson: Audra Morrison has taken new position at Courthouse. Community partners now can reach out to jessi@ccvlp.org or Elizabeth Fitzgerald (Hiring for positions at CCVLP. Job posted on Indeed or our website ccvlp.org. b. Curtis Welch: Mock trial – district tournament next week. State tourney will be virtual too. Tuesday through Thursday of next week. c. Le Ann Larson: we are going to miss Comm. Schienberg after she retires on March 4, 2022. d. Judge Sheldrick: Commissioner Schienberg has announced her retirement effective on March 4, 2022. Superior Court anticipates having the open commissioner recruitment announcement ready by the end of this week. Please check the Superior Court website for details. The first application review date is set for Friday, February 18, 2022.

• Jury trials are suspended until February 28th. Trials are expected to resume starting on that date.

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Mock Trial competition is set for Zoom trials at 2:30 p.m. and 5:30 p.m. on February 15, 16 and 17. Please volunteer to be a rater by contacting Jill Sasser. We are expecting to have 10 high schools competing this year. Your feedback is greatly appreciated by the students.

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We continue to need attorneys for minor guardianship matters representing biological parents of the minor child. The Superior Court will pay $125/hour for appointed attorneys. Please find information on applying here: https://clark.wa.gov/superior-court/recruitment-uga-parentrepresentative-attorneys

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Superior Court has also recently issued an updated order on the Eviction Resolution Pilot Program.

This order confirms the current procedures for the ERPP. The order should be available soon on the Superior Court webpage.

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A survey was recently sent out to local attorneys seeking feedback on suggested changes and additions to our local court rules. Here is a link for the survey: https://www.surveymonkey. com/r/X9MLTHZ

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Superior Court continues to accept and review applications for Pro Tempore. The link is here: https://clark.wa.gov/superior-court/pro-tempore

MEETING ADORNED 12:12 pm.

Respectfully Submitted, Nicholas Alexander

Clark County Bar Association CCBA BOARD OF TRUSTEES MEETING MINUTES February 1, 2022

Minutes for the CCBA Board of Trustees Meeting February 1, 2022; Meeting via Zoom Called to order 12:06 p.m. Jacobs, Melnick, Larson, Emrich, Aquadro, Wechselblatt with adorable blueberry juice face toddler assistant (Darco present) January 2022 board meeting minutes: Motion to Approve Aquadro/Jacobs Approved Treasurer’s Report (Melnick): Financial reports for January provided. CLE income loss and office expense increases were expected. Financially trending in the right direction.

Ongoing Items: Trustee Assignments Hearsay Committee: (Jacobs) Doing well. New content always welcome.

Social Committee:(Emrich) Summer Soiree planned for 7/23/22 at Marshall House.

CLE Committee: (Emrich) Spring CLEs have been planned by the membership committee. Looking to plan a DUI CLE for August.

Membership:(Aquadro and Wechselblatt) Juvenile court CLE series will be April 11, May 9, and June 13; Bench Is For All CLE is planned for 4/22/22. CCBA members are encouraged to contact Erica Aquadro, Deb Wechselblatt, or Lisa Darco if they are interested in joining this committee.

Previous Action Items: Bench Bar Committees/Court Eval (Jacobs)

The Superior Court consultant has set up interviews. Emrich will seek clarification as to the focus of the project and attorney input in her meeting. Idea for a Hearsay article about the scope and goal of the consultant project for Superior Court. Regarding court Bench/Bar committees, Emrich suggests an email portal for CCBA members to be able to submit questions that bar representatives would ask at the meetings.

Bylaw Amendment (Jacobs) Discussed proposed changes to CCBA bylaws Article 6.02 Standing Committees; motion to approve submitting proposed changes to the membership for vote at the March general meeting Emrich/Larson Approved Current Action Items: Membership Update (Darco) Members: 391, Non-Renewed: 66, New Members: 35, Last Year:417 Bar Polls Judge Collier is retiring June 30th and the application deadline is 2/28/22. Commissioner Schienberg is retiring March 4th. It is not certain there will be a bar poll for her commissioner position.

General Meeting March 21st Summer Soiree July 23rd Bowling with the Judges date to be determined, Adjourned 12:51 p.m.

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