2022 May Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

May 2022

December 2019

Superior Court Welcomes Commissioner Christine Hayes

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.

May Hearsay Contributors

Commissioner Erin Priest

Laurel Smith

Clark County District Court

Clark County Prosecutor’s Office

Commissioner Erin Priest was appointed to the Clark County District Court bench in 2021.

Laurel Smith is the Senior Deputy Prosecutor for the Clark County Child Abuse Prosection division.

Courtney Mendoza

Commissioner Stefanie Ellis

Petersen Rothermel Law Firm

Clark County Superior Court

Co u r t n e y M e n d o z a ’ s p r a c t i c e focuses primarily on family law, including dissolutions, custody issues , child support, and adoptions.

Commissioner Stefanie Ellis began serving as a judical officer for Clark County Superior Court in 2018.

CCBA Baby Boom! page 10

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Welcome Commissioner Hayes page 12

Beyond the Robe page 22

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Happy spring to all members of the CCBA. The weather is ever so slowly starting to warm up and the flowers have started to bloom. In this time of renewal, the Clark County Superior Court Clerk’s office is officially transitioning f rom Liberty to OnBase as the electronic means of accessing the Superior Court’s files. We understand this to occur in June.

In anticipation of this transition, the CCBA has polled our members on the their knowledge and understanding of the process. We are very pleased and thankful for the one-hundred forty-four responses we received. For reference, our judicial polls average one-hundred seventy-six responses. The poll responses are in the infographic to the left.

Many of the respondents added comments and questions to the notes section, which can be found (with identifying information removed) at this link: https:// www.ccbawashington.org/files/2022-05_ OnBaseSurvey.pdf. We have reached out to the Superior Court Clerk’s office to address the process, but were not able to get a response at those times. We look forward to working with the Clerk’s office on dissemination of any information and/or educational opportunity for our members.

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QuickBooks Desktop P&L Comparison – Previous Year & YOY by: Emanuela Sandri | Attorney Bookkeeping Services, Inc. In QuickBooks Desktop: The P&L (Profit & Loss) report can be customized to compare the previous year by checking the Previous Year box in the Display tab (run report > select Customize Report button in the upper left at the top of the report > select Display tab).

To run a P&L comparison YOY (year-over-year), when report displays, change the date range to the desired years and then select “Year” from the Columns drop down option at the top of the report.

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A special thank you from our Family Law program coordinator, Jessica Saldivar

"Family law is a special kind of program; one that is equal parts exhaustion and energy, trauma and gratitude. It takes a special kind of person to be able to navigate through these juxtapositions so fluidly, and that is precisely what our volunteer attorneys do. I have been in absolute awe at the efforts made by each person, and I want to make sure that they are all aware of how much their time and energy is valued when they volunteer with us. I also want to recognize the efforts of all their non-attorney staff who help facilitate the meetings, conduct conflict checks, and make sure we get case notes. We appreciate every single one of you!"

"Unequivocally, my favorite part of my job is hearing the relief in the client's voice after I tell them I am able to schedule them with an attorney; that we can help them. Most of our clients are facing incredible barriers, experiencing trauma, and dealing with financial insecurities. They often come to us feeling overwhelmed and hopeless. The moment they are guaranteed that appointment to look forward to, their hope is refreshed — and that is impactful."

If you would like to volunteer with any of our programs, please contact our manager, Mia Demay: mia@ccvlp.org 360-828-0423 Ext. 101 4volunteer 2

Clark County Bar Association CCBA BOARD MEETING MINUTES April 15, 2022

Minutes for the CCBA Board of Trustees Meeting April 15, 2022; Meeting via Zoom Called to order 12:05 p.m. Jacobs, Phelan, Melnick, Larson, Emrich, Wechselblatt, and Executive Director Darco March 1, 2022 board meeting minutes: Motion to Approve (Melnick/Emrich) Approved March 21, 2022 general meeting minutes: Motion to Approve (Melnick/Wechselblatt) Approved Treasurer’s Report (Melnick): Financial reports for March provided. This is a slower time of year.

Expenses up from prior years but anticipated (ie: rent). Income down from earlier years mostly from decrease in CLE and social event revenue. Not certain to break even this fiscal year.

Ongoing Action Items: Committee Reports: Hearsay Committee: (Jacobs) The committee has good content to work with.

Social Committee:(Phelan) Save the date for Happy Hour 5/12/22 at Heathen Brewing Feral Public House outside. Also planned are the Bowling with the Judges and Summer Soiree events.

CLE Committee: (Emrich) Membership Committee planned CLEs are underway; the Bench is For All CLE is next up. Emrich will be contacting those who expressed interest in joining the CLE committee. District Court is testing On Base soon. Emrich will contact Amber in District Court as well as Scott Webber regarding a CLE. Membership:(Wechselblatt) Next committee meeting is 4/20/22. There were many members of the District Court and Superior Court bench who participated in the last meeting. The committee will be choosing a title that more specifically reflects its purpose. Wechselblatt presented potential committee names that will be discussed at the upcoming meeting and a draft mission statement that will be considered by the committee.

Membership Update Members: 404; Non-Renewed:63; New Members:44; Last year total members:417 Previous Action Items: Bench Bar Committees/Court Eval (Jacobs) Discussed next steps in a court evaluation. At the last Superior Court Bench/Bar meeting, Judge Fairgrieve stated that the Superior Court consultant would be returning for some further interviews and recommendations are expected in June. The board would like to give members an opportunity for input before decisions are made, but not be duplicative of the consultant’s court improvement project. Board discussions predated the announcement of the court process improvement consultant.

CCBA Judicial Evaluation Update Subcommittee formed to evaluate our current bar poll: Jacobs, Phelan, Wechselblatt, Larson. Discussed suggestion that Darco ask WSBA to connect bar association directors around the state so that they can share practices.

Current Action Items: Motion to Ratify board email vote to add demographic questions to the last bar poll regarding years of practice and area of practice (Phelan/Melnick) Approved The CCBA had a visitor that created a safety concern. The door will be locked during business hours. You are still welcome to stop in, just knock.

Reminder that a swearing in ceremony will be held on 4/21/22. A YLS Happy Hour will follow the ceremony.

Adjourned 12:49

Clark County District Court

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BENCH/BAR COMMITTEE MEETING MINUTES April 20, 2022 Present: Judge Parcher, Andrew Wheeler, Comm. Erin Priest, Judge Sleight, Beth Robinson, Don Esau, Jessi Anderson, Alex Uskowski, Kevin McClure, Comm. George, Lauren Boyd, Bryan Farrell, Amber Emery, Katie Sinclair, Gabriella Laddusaw.

Judge Parcher: • CCBA Swearing in Thursday, April 21 in Judge Smith’s courtroom at 4pm • In person dockets begin May 2nd • City and County PAs and Vancouver Defenders have gone paperless, and court is working with IT to ensure wi-fi connectivity needs are met. Additional connectivity points are being added on the second floor. Tuesday, April 26 at 3pm, the court is offering courtroom tours and check connectivity issues for any attorneys interested.

• Attorneys – please remind clients when they need to appear in person.

• Dockets will no longer be streamed on YouTube as of May 2nd. Observers will likely not be allowed into Virtual Hearings unless they are participants.

• OnBase training have begun internally. Training for attorneys: end of May or beginning June. OnBase will go live on June 22nd.

• Encourage people to participate in Neurology CLE offered y the CCBA. Bench just completed the training.

• MHC will present at the next bench bar meeting.

• Reminder to attorneys to file NOAs on infractions and anti-harassment orders!

• DP Orientation Tuesday at 3pm – over Zoom. Contact District Court to sign up for it.

Judge Sleight & Beth Robinson: Presentation on DUI Court and SAC • Washington Traffic Safety Commission Grant awarded to our DUI Court to pay for EHM for DUI participants in 2022 and possibility that this will be extended into 2023.

• Grant pays for 60 days of EHM and set up fees for Indigent Participants. Participants can request additional funds. Near-Indigent clients can receive 30 days and set up fees of EHM. • Beth noted changes in Therapeutic court: • Not punishing people for trying, focus on diversity, equity, and inclusion, eliminating financial barriers for participants (housing/EHM costs) • Total grant funded this fiscal year: $30,000, which can allow more than initial 60/30 days of EHM to be paid for • Grant allows EHM to be started within a week of opt-in • Court is voluntary and Beth would encourage potential participants to observe court before opting in • SAC started in 1999. DUI court since 2017.

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• Andrew Wheeler asked about possibility of 24/7 Alcohol Monitoring. Judge Sleight indicated that bench is interested looking to start a workgroup to create a Certified Program.

• Any questions about DUI Court or SAC, please contact Beth at beth.robinson@clark.wa.gov Additional Issues raised by attendants: • Christie Emrich: brought up concerns about County Cases not resolving. Caseloads are increasing and if cases don’t start moving through the system, Vancouver Defenders may be in a position where they cannot accept new appointments • Christie Emrich: asked to clarify whether Court in Camas/Washougal would have a virtual option for attorneys to appear in court o Judge Parcher clarified that all Camas/Washougal court appearances would only be in person after May 2nd • Katie Sinclair: noticed Readiness Hearings on the same week of trial, requested they be held week prior if possible • Lauren Boyd: asked if there was a list regarding which courtrooms attorneys could access the TV monitors for trial o Judge Parcher indicated that the bench will get back to her as they are undergoing a major technology upgrade through JAVS. For now, contact the assigned JA to work through those issues prior to trial • Kevin McClure: echoed Christie’s desire to get cases resolved. Concerned with the number of Readiness cases that are continued and hopes the court is inquiring on the reason or nature of the continuance.

• Don Esau: interested in an ex parte process for civil attorneys in District Court, need for ex parte Judge to sign orders of Dismissal etc. o Judge Parcher asked for feedback on what changes to the current process would be helpful for the Civil bar • Andrew Wheeler: concerned with pleading cases on MPTs as sometimes the court indicates the morning of court that no pleas will be taken on that docket. o Judge Parcher will bring it up to the bench regarding giving notice if no pleas will be taken on a docket • Andrew Wheeler: is the work center going to reopen? o Judge Parcher agrees with the need for the Work Center to be opened again especially for DUI defendants. Will keep everyone up to date about the status, but there is nothing in progress right now • Andrew Wheeler: inquired if current Liberty subscriptions will be the same under OnBase o Judge Parcher indicated that the Superior Court Clerk’s office handled Liberty subscriptions, but they don’t have answer yet as to who will be administering OnBase

Clark County Superior Court BENCH/BAR COMMITTEE MEETING MINUTES April 12, 2022

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Le Ann Larson, (leann. larson@clark.wa.gov) Rachel Brooks (rachel@guardianship-law.com), Rachael Rogers (Rachael.Rogers@ clark.wa.gov) Dan Lloyd (Dan.Lloyd@cityofvancouver.us) Torie Pantier, Curtis Welch (cwelch@sussmanshank.com) Jessi Anderson (jessi@ccvlp.org) Jeff Keddie (jeffreyk@nwjustice.org) 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.

I. OLD BUSINESS: No old business to report.

II. NEW BUSINESS: a. Judge Fairgrieve: Commissioner Hayes is now the new Clark County Commissioner; we are happy to have her. a. Curtis Welch: Question for Zoom jury trial. It appears most of civil jury trials in King County are done via zoom; Doesn’t seem like an option to NOT have zoom trial. Is that also status quo here in Clark County? i. Judge Fairgrieve: No, in the criminal context we have 6th amendment issue if trial done via Zoom. Civil cases, however, if the parties agree then fine. Up to the parties to move forward with that. Different procedures/process that need to be agreed upon beforehand between the parties. We (judges) have not sat down and worked out that issue. We are not forcing anyone to do remote trials, but open to it. We are doing in-person trials so it’s the parties choice. Discussions coming up relatively soon with how much of remote we will keep in the future. ii. Mock Trial Tournament: In state tournament, the Cascadia Tech team did the best they have done in the past 8 years they have been to the State tournament. Done over four days. Lots of talent and are happy/excited for this group. b. Mock Trial Tournament: In state tournament, broke 2000-point barrier. Done over four days.

Lots of talent and are happy/excited for this group. c. Jessi Anderson: Robert Sellers joining CCVLP for UD/Eviction docket – Welcome! Also wondering about switch from Liberty and upcoming trainings. i. J. Fairgrieve: No updates from bench, but will follow up with Clerk’s office. Not much feedback besides, “We're working on it”. ii. Dan Lloyd: Can access Liberty through Edge, but series of steps and need to renew every month – I have instructions available.

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d. Le Ann Larson: CCBA board has been trying to get information on OnBase for training purposes. DC and Bar Assoc working on it but nothing so far to report. i. Consultant met with attorneys and workgroups: Does Judge Fairgrieve know the next steps after the meeting with stakeholders?

1. J. Fairgrieve: Information has been exchanged, but notes and/or recommendations have not come out yet. My understanding is they (the consultants) are going to get to us their recommendations in June; Timeline is generally going to be in the summer, but I am not involved in day-to-day. e. Jeffery Keddie: A lot of new attorneys for NWJP - Megan Harney, Caitlyn Skurky, and Matt Taylor are all new and here in the office. Working on filling the open Eviction Prevention Unit in the Vancouver Office. Might also see faces from around the state on the dockets before we get the position filled. f. Dan Lloyd: Body Cam update – the vendor’s software was not compatible with the City’s systems, which required the termination of the City’s contract with that vendor. In the interim, the City secured a federal grant and issued Requests for Proposals. Expectation is that a vendor will be selected and a trial run will be completed by Summer 2022, and that the program will be fully-operational by the fall. i. Amendment to GR 31 and Crim Rule 2.1 – new rule that took effect 3/31/2022 requiring using only initials for minors in juvenile cases. Washington Association of Sheriffs & Police Chiefs (WASPC) submitted concerns that no new charges will be added to criminal history of any juvenile. Email from WASPC forwarded to Judge Fairgrieve, Chief DPA Rachael Rogers & Indigent Defense Coordinator Matthew Kimball for review. g. Commissioner Sasser: I did get an update about the transition to OnBase and that information will run in the April issue of Hearsay. Applications for pro tem attorneys and minor guardianship attorneys still welcome. Contact Superior Court administration to apply.

Commissioner Christine Hayes started April 4th—welcome and congratulations to her! h. Judge Sheldrick: The draft rules will be posted to the Superior Court website for public review on April 29th through May 31st; a survey will also be available. The local rules committee will review the comments and bring forward any recommended changes before rules are finalized in June. The deadline to file the proposed changes with the AOC is July 1st, for a September 1st effective date.

MEETING ADORNED 12:28 pm.

Respectfully Submitted, Nicholas Alexander 31