2022 June Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

June 2022

December 2019

Judge Collier Retires After 23 Years On the Bench

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.

June 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.

Courtney Mendoza Petersen Rothermel Law Firm

Courtney Mendoza’s practice focuses primarily on family law, including dissolutions, custody issues, child support, and adoptions.

Jim Senescu Senescu & Babich, PLLC

Jim Senescu is a partner of Senescu & Babich, PLLC. His practice emphasizes the protection of vulnerable adults in guardianships, civil litigation, and fiduciary management.

Josh Sherman Jane Clark Legal P.C.

Josh Sherman is a medical malpractice attorney at Jane Clark Legal.

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Judge Collier Retires from the Bench page 10

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One True Thing page 17

Advice to New Attorneys page 24

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Happy June to all our members. The weather is warming up and so is the CCBA’s social calendar. This month we held our beloved event “Bowling with the Judges.” Triumphantly returning after a two-year Covid hiatus, this event was bigger and better than ever! If you’d like to view the trophy we hear it will share time between Judge Smith and Judge Sleight’s offices, co-captains of the winning team.

Coming up on July 23rd is our brand new event for the summer, the CCBA Summer Soiree. A light sunshine version of our Barrister’s Ball, this event is adults only and takes place at the Marshall House. Word is that the Social Committee is close to securing a high power local band, featuring one of our own CCBA members. More news to come.

Next up is the return of the Young v. “Seasoned” Lawyers Softball Tournament.

Graciously being organized by Judge Chad Sleight and Katie Sinclair. Will the young lawyers overcome the odds and claim the top spot? We’ll find out soon enough.

Finally, the Golf Tournament returns August 31 at the Tri-Mountain Golf Course. This year the tournament is being named the “Jim Mayhew Memorial Golf Tournament” in honor of our departed colleague. We’re particularly proud the tournament is returning. Please go to ccbawashington.org to register. Picture of Jim is below and we look forward to seeing everyone.

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Reprinted with permission from Pacific Northwest Golfer:

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by Courtney Mendoza “[G]reat nations don’t ignore the most painful chapters of their past. Great nations confront them.” Juneteenth celebrates the end of slavery in the United States. It is also known as Emancipation Day, Freedom Day, Jubilee Day, Juneteenth Independence Day, and Black Independence Day. On June 19, 1865, Major General Gordon Granger arrived in Galveston, TX, and announced the end of the Civil War and the end of slavery. Although the Emancipation Proclamation came 2½ years earlier on January 1, 1863, many enslavers continued to hold enslaved Black people captive after the announcement, so Juneteenth became a symbolic date representing African American freedom.”

In June 2021, President Biden declared Juneteenth a Federal Holiday and expressly “call[ed] upon the people of the United States to acknowledge and celebrate the end of the Civil War and the emancipation of Black Americans, and commit together to eradicate systemic racism that still undermines our founding ideals and collective prosperity.” In creating the first new federal holiday since Martin Luther King Jr. Day was established in 1983, President Biden explained how “… nearly nine decades after our Nation’s founding, and more than 2 years after President Lincoln signed the Emancipation Proclamation — enslaved Americans in Galveston, Texas, finally received word that they were free from bondage. As those who were formerly enslaved were recognized for the first time as citizens, Black Americans came to commemorate Juneteenth with celebrations across the country, building new lives and a new tradition that we honor today. In its celebration of freedom, Juneteenth is a day that should be recognized by all Americans.”

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The State of Washington initially codified the Juneteenth holiday as an annual day of recognition in 2007, and later, in 2021, modified that codification to implement a new paid legal state holiday under RCW 1.16.050(1)(f). Our State Legislature expanded upon their legislative intent at the time in 2007, as well as subsequently in 2021, in their notes following the statute.

They explained in 2007, “that an annual day of recognition be observed in remembrance of the day the slaves realized they were free as a reminder that individual rights and freedoms must never be denied.” They expanded upon the ideas “that the end of slavery brought on new challenges and realities in establishing a previously nonexistent status for African Americans in the United States; that racism and continued inequality is the legacy of slavery and acknowledging it is the first step in its eradication; and that since 1980 June 19th has been celebrated as Juneteenth across the United States as a day for people to come together in the spirit of reconciliation to commemorate the contributions of African Americans to this country's history and culture.”

The State Legislature, along with their surrounding

Washington communities and the nation, continued to grow throughout the subsequent years. Fourteen years later, in 2021, the Legislature updated their notes along with the new paid holiday codification, to provide that it “intend[ed] to designate Juneteenth as a state legal holiday to celebrate the end of chattel slavery [and] … encourage[d] that this be a day to engage in fellowship with Black/African Americans; revisit our solidarity and commitment to antiracism; educate ourselves about slave history; and continue having conversations that uplift every Washingtonian.”

The Legislature furthered it’s earlier reasonings by additionally explaining that, “[s]lavery has left a catastrophic and unrelenting legacy of trauma for generations of Black/African Americans[;] [that] [r] acism, discrimination, and inequity have been prevalent throughout the United States of America since 1619, which has cost Black/African Americans life, liberty, and prosperity[;] … that June 19th has been celebrated in smaller communities across the nation as … a holiday that celebrates the emancipation of those who had been enslaved in the United States[;] [and that] [a]lthough this day has special significance for Black/ African Americans in the state of Washington, the historical and continued harms of

slavery and the rejoicing of the end of this atrocity should be acknowledged and celebrated by all Washingtonians.”

Take a moment this coming Juneteenth to reflect upon and acknowledge our nation’s painful history; not only so we can avoid repeating it now and/or in the future, but also to celebrate the incredible successes of folks and communities of color despite numerous and systemic inequities.

Juneteenth Events Nearby: • Juneteenth Freedom Celebration – Friday, June 17, 2022, from 1:00pm to 7:00pm – Esther Short Park, Downtown Vancouver, WA. Organized by Odyssey World International Education Services with support from the City of Vancouver: https://www. juneteenthfreedomcelebration. com/ • 2022 Juneteenth Oregon Celebration 50th Year Anniversary – Saturday & Sunday, June 18 & 19, 2022, from 11:00am to 6:00pm – Lillis-Albina Park, Portland, OR. Organized by Juneteenth Oregon Celebration: https://www. juneteenthor.com/

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yourself into the legal rules that apply to the situation. It is crucial that new attorneys take the time to understand how the legal rules apply to their client’s situation. Throughout my career, I used “boot camp” style CLEs that provided me with a comprehensive understanding of the law; I did my own legal research on Westlaw or Lexis; and, I re-read the applicable rules of procedure and statutes to make sure that I understood every step of the legal process.

by Josh Sherman As a new generation of attorneys emerges in Clark County, we thought it would be wise to speak with some of Clark County’s most experienced attorneys about their advice for the new generation.

Here is what attorneys Ben Shafton, William Baumgartner, and Ronald Greenen had to say.

Ben Shafton of Caron, Colven, Robison & Shafton, PS: Mr. Shafton started his career in Clark County as a criminal defense attorney in the 1970s. He went on to start a personal injury, business litigation and transaction, real estate litigation and transaction, estate planning and litigation, and appellate practice.

Mr. Shafton shared the following insights: •

What Does Every New Attorney Need? RESPECT. Like singer and songwriter Aretha Franklin, every new attorney desires to be respected by opposing counsel, their boss, the Court, and client. In order to earn respect, a new attorney must take the time to thoroughly prepare for every legal interaction – whether that be oral argument, a deposition, preparing a pleading or motion, meeting with the client, or trial. Failure to prepare often results in a bad outcome and can devastate a new attorney’s self-esteem.

In order to prepare, I recommend that you learn the facts of the case inside-out, and deeply immerse 22

A new attorney should never skip any steps or “go through the motions.” Figure out the legal issues and prepare yourself to present them in a way that makes sense. A new attorney must take the time to learn how to stand on their own two feet in order to earn respect.

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Presenting in the Courtroom 101 – Over the years, I found the following the be effective in the Courtroom:

1. Go to court and watch people and how they handle themselves. Do you get a good feeling about the person who is screaming and shouting and pounding the table? What do you think of the person who calmly but authoritatively tells the judge about the case and backs it up with declarations and references to the law?

More impressed with the latter than the former?

So is everyone else. Cultivate that.

2. Preparation is crucial. Prepare, prepare, prepare, prepare for each hearing no matter how insignificant you think it is. Remember that there is no insignificant hearing. This is where the payoff is on knowing everything that there is to know about the case. If you prepare for the hearing, you will impress. Judges tell me that they are impressed with a certain lawyer because that lawyer is always well prepared.

They are also impressed with lawyers who are not well prepared. Take a wild guess as to what impression they form about those lawyers.

3. Can you extemporize easily with good organization and references? If so, you will certainly be a star. If you are like the rest of us, you will

need notes to guide you. This is your script for the hearing. Take your notes with you and use them but don’t read them.

4. Know your audience. Don’t use the words “like” or “literally” if you can avoid it. Those words grate on older people. Judges are older people. So are a lot of jurors. I also recommend to dress conservatively.

5. Be the adult in the courtroom. Don’t interrupt even if the other lawyer interrupts you. Believe me, the judge is on your side when someone interrupts you.

6. Less is more. Keep your presentation reasonably short, especially on a domestic relations docket.

7. If the judge asks a question, answer it directly. If you don’t know the answer, say so. Figure it out when it is the other side’s turn and give the answer when your turn comes around if at all possible.

8. Be yourself. You can’t be anything else. We all have perceived strengths and weaknesses in the way we present ourselves. Remember that what you perceive as a weakness may actually be a strength and vice versa.

9. Be courteous to the judge but not obsequious.

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Relationships with Lawyers: It is important to be courteous and friendly to all lawyers regardless of how they treat you. We are all colleagues.

Conversations with opposing lawyers should be limited to normal pleasantries, discovery consultations, and the types of discussions about conduct of a trial that are needed in every case. Don’t get on the phone to talk about your cases with opposing lawyers. You will give up more information than you will learn. As Don Vito Corleone once said, “Don’t let anybody outside the family know what you’re thinking.”

Use email to convey offers of settlement or to respond to them and also to set up meetings such as depositions. If you are conveying an offer, simply convey it. Don’t write a lengthy discussion trying to justify it. Make your emails short and to the point. Do not argue with other lawyers about the merits of the case in emails. You may see those emails in a declaration used against you.

Don’t be cowed by older lawyers. If you have followed the case preparation methods above, you’ll be fine. If an older lawyer starts telling you what a lousy case you have, that lawyer is signaling weakness. Give a brief but cordial response.

Then, make it your business to kick his butt at trial. If an older lawyer is cordial and respectful to you, you better prepare even harder. This lawyer knows the case as well as you should.

Older lawyers may convey unfavorable offers to you. Don’t be afraid to say “no” and to go to trial. If you are prepared, you will do a good job.

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Relationships with Clients: New attorneys must remember that the client is the most important person in the case. Treat the client that way. Return all calls from clients the same day if at all possible. Communicate with the client often even if you have nothing particularly new to report. There are several reasons for this: the client may tell you something in these conversations not previously discussed that is important; the client is more likely to trust you and take your advice on how to proceed if there is significant and ongoing communication; and, the client will have a better impression of you and will recommend you to others. Finally, figure out how your client prefers to communicate. Some clients are happy to communicate by email or text. Others like a phone call. Adhere to the client’s preferences.

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Relationships with Others: Be courteous and cordial to everyone—even the opposing party. Let this courtesy show at trial when you cross examine this person. It will help you. Be especially courteous to court clerks, judicial assistants, and clerical staff at other law offices. They will remember.

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Take Care of Yourself: Legal work takes physical and mental stamina. I recommend exercising every day, eating healthy, limiting the intake of alcohol, getting sufficient sleep, engaging in hobbies, and maintaining solid relationships. Most importantly, avoid anger. It hurts you more than it hurts anybody else.

You are going to make mistakes. We all do. Beat yourself up for no more than ninety seconds after you realize that you have made one. Then figure out what you are going to do to set things right and what you will do to avoid making the mistake again.

If you are in a practice area that you don’t like, get out of it and into a different one.

If you decide you don’t want to practice law for a living, you are in good company. Find a new occupation. There are many where a legal education and legal experience can be helpful.

William Baumgartner of Baumgartner, Wagner, & Jahn, PLLC: Mr. Baumgartner’s practice focuses on personal injury and malpractice. When he first started his career in Clark County, there were 43 attorneys in the community, and he has watched it grow immensely over his career. Mr. Baumgartner had the following tips for new attorneys: •

“It’s a long road that never bends.” New attorneys should always be professional and friendly with opposing counsel. You never know when you will be dealing with opposing counsel next, and you may even end up sharing office space with them as the years go by.

Every new attorney should network and get to know as many other attorneys as possible. A vast and friendly network can serve as a resource of information when encountering new legal issues. It can also serve as a source of business.

Many of my clients over the years came from referrals from other attorneys I took the time to develop a friendly relationship with. ● Find Experienced Mentors. In my experience, you learn the most by talking to other attorneys. For example, other attorneys may have dealt with the specific issues you are facing or had a similar case in the past. If you discuss the issues with an experienced mentor, you will find that you will be more comfortable and confident about the problems you are facing, because you will know how similar situations were resolved in the past.

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Be Creative. I always find it beneficial to be creative when an appropriate opportunity arises. Creativity and doing things “outside the box” will make your client’s story more compelling. For example, I once presented the actual rib of a client at trial in a case

where my client suffered a serious rib injury that required its removal. The jury found it very compelling. Be creative and don’t be afraid to use unique methods while telling your client’s story.

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“You’re talking when you should be listening.” You will learn more from your client and opposing counsel if you talk less and listen more. For example, you need to carefully listen to your client and ask follow-up questions so that you have all of the facts. You should avoid talking with opposing counsel, because you do not want to give them clues about your case. Lots of lawyers get this wrong and talk too much.

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Avoid Surprises. Surprises can ruin a case. Avoid surprises by preparing. Discovery is so important. Make sure to conduct discovery thoroughly and follow-up on any factual issues that need clarification.

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“Don’t fight over things that don’t matter.” Be tactful. Fighting over insignificant things will not help your client.

For example, I once had a trial where opposing counsel had difficulty following the rules of direct examination.

Instead of objecting to every leading question, I limited objections to questions that mattered. By doing so, I did not come off as a nitpicker to the jury, and I helped my client when it mattered.

Ronald Greenen of Greenen & Greenen, PLLC: Mr. Greenen started practicing law as a second career after working as engineer. His practice includes personal injury and estate planning. Mr. Greenen had the following tips for new attorneys: •

“Don’t assume that everyone knows what you know.” When I first started practicing law, I would sometimes assume that the judge knew all of the things that I knew. It is important to remember that we all come from different experiences and backgrounds.

Use your background to your advantage, and always make sure that you are explaining things logically so that others understand.

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Client Relations. Oftentimes, clients will not understand what they are requesting you to do, or they will not know what they want. Listen carefully. If they ask you to do something that you do not know, tell them that you do not know the answer. Don’t be afraid to refer them to another lawyer because you can get into trouble when you step outside your area of expertise.

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Courtroom Mechanics. It is essential that you be honest and maintain your credibility with both the judge and jury. Neither the judge nor the jury will like you if you are not straightforward and honest with the facts. Also, it will be very difficult for the opposing party to come at you with counter arguments if you argue things for what they truly are.

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Practicing Law in Multiple States. If you are practicing law in Washington, it is probably best that you not practice in Oregon. The rules are different. If you are going to practice in both states, always make sure that you know the rules that apply — this means checking whether the rules have changed.

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Running a Business. When I first started practicing law, I thought about going out on my own, but I decided to join a firm because I realized that I did not know much about practicing law. Looking back on it, I would recommend that new attorneys start their career at law firms so that they can acquire knowledge from experienced attorneys and staff.

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“Love what you do, or don’t do it.” Practicing law is hard enough as it is. Don’t make it more difficult by doing things you do not want to do. Love what you do, or don’t do it.

QuickBooks Desktop Changes with 2022 Versions by: Emanuela Sandri | Attorney Bookkeeping Services, Inc.

Starting with 2022 versions, QuickBooks Desktop Pro, Premier and Mac are only sold as an annual subscription in either the Pro Plus, Premier Plus, or Mac Plus versions (Enterprise version has been subscription for a while). Once the subscription is activated, it must be renewed annually or the user will be locked out of their company files. Current pricing for the new Desktop subscriptions are $349/year for Pro Plus and Mac Plus, and $549/year for Premier Plus. Users must run at least a 64-bit Windows operating system to install QuickBooks Desktop in 2022. This change will help the Desktop version to be quicker and better maintain third-party integrations.

Founding, new and emeritus members joined together for the 25th year of the Annual Deschutes Snakebite Fly Fishing Excursion and CLE in Maupin, Oregon last month. In this photo, taken from an undisclosed location, one can view mostly local Couvian lawyers and a couple from Portland.

From left to right are attorneys Don Jacobs, Darian Loiselle, Jack Green, Beau Harlan, Mike Wise, Greg Ferguson, Joe Laughlin and Colin McHugh, all depicted in various stages of sobriety. The multi faceted program included numerous opportunities for wise legal sages to impart wisdom and share inarguably exaggerated war stories with attendees a little less long in tooth. Multiple topics of the day were discussed including a number of weighty legal issues. This embedded reporter can’t remember any of it now, but we did catch some fish. Founding members and prominent attorneys Greg Ferguson and Mike Wise both agreed this year’s event was pretty much like all the others.

The CCVLP is looking for volunteer help in our Housing Justice Program!

Are you. . . a) A Washington licensed attorney? b) Familiar with housing laws or would like a safe space to learn them? c) Passionate about helping folks in your community? d) Generally just an awesome person?

Come volunteer with us at the CCVLP! Our clients need assistance in dealing with: Habitability concerns Fair housing claims/discrimination Harassment from landlord or another tenant/neighbor Lease violations 14-day notices (to pay-or-vacate) Any other pre-summons notices The Eviction Resolution Pilot Program If you would like to volunteer or want to learn more, please contact our Volunteer Manager: mia@ccvlp.org 360-695-5313 Ext: 101

The CCVLP's current demand for housing assistance: March: 71 calls from clients April: 91 calls from clients

Clark County Bar Association Minutes for the CCBA Board of Trustees Meeting May 3, 2022 Minutes for the CCBA Board of Trustees Meeting May 3, 2022; Meeting via Zoom Called to order 12:04 p.m. Jacobs, Phelan, Melnick, Larson, Hawke, Aquadro, Emrich, and Executive Director Darco April 15, 2022 board meeting minutes: Motion to Approve (Melnick/Jacobs) Approved Treasurer’s Report (Melnick): Financial reports for April provided. Reserves are healthy, so while it is not all rosy news, it is not bleak. Revenue is way down due in major part to CLE revenue. We will likely be in the red for this last fiscal quarter and could lose $15k this year. Emrich is hopeful that in person CLEs and social events will make a come back, which would improve the revenue picture.

Ongoing Action Items Committee Reports: Hearsay Committee: (Jacobs) Still have lots of content to work with; meeting on Friday.

Social Committee:(Phelan) So much fun is planned! Happy Hour 5/12/22 at Heathen Brewing, Bowling with the Judges, Summer Soiree, and Jim Mayhew Golf Tournament events are around the corner. Get outside of your Zoom box and come see your colleagues!

CLE Committee: (Emrich) no update Membership:(Aquadro) There will be a stand alone committee that is separate from the Membership Committee, which will focus on diversity, equity, and inclusion. The committee has previously met and is still discussing the committee name and mission statement. The board reviewed the draft mission statement that Erica will present to the committee. There are two more upcoming trainings in the Neurology of Equity and Inclusion at Work series and an additional CLE is planned for this fall.

Membership Update Members:405; Non-Renewed:63; New Members:44; Last year total members:417 Previous Action Items: Bench Bar Committees/Court Eval (Jacobs) Board discussed a member survey regarding On Base. Jesse could incorporate the results in his President’s message in The Hearsay. The board discussed what we know about the Superior Court’s consultant from the National Center for State Courts info gathering process. There will be a late June judges meeting about the consultant’s recommendations, which will be made public in July.

CCBA Judicial Evaluation Update No update Current Action Items FYI Upcoming events: Happy Hour (May 12th), Bowling (June 9th), Soiree (July 23rd) Our dear colleague Art Bennet has passed away. There will be a service on June 12th. Adjourned 12:54 28

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JOIN US This event benefits families in need of civil justice.

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Clark County District Court

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Bench Bar Committee Meeting May 18, 2022 Called to Order at 12:01

Present: Judge Parcher, Judge Osler, Beth Robinson, Kris Carrasco, Kevin McClure, Bryan Farre, Roger Priest, Amber Emery, Andrew Wheeler, Alex Uskoski, Gabriela Laddusaw, Comm. Priest, Katie Sinclair, Donald Esau, Anya Crossland Judge Osler & Beth Robinson: Presentation on Mental Health Court Capacity for 50 participants, but only 25 active right now 6 participants only have District Court cases, 4 have both Misdemeanors and felony cases, the remainder have only Superior Court cases Curt now has a contract with treatment Providers – they have a seat at the table Columbia River Mental Health (CRMH) & SeaMAr CRMP provides a MHP & SeaMar provides a CDP & will have a MHP as well in June Switching to multi track court

- Historically MHC only for high risk

- Beginning in June: lower risk participants – will be heard on separate docket, less court

appearances, still 12-month participation model Best Practices: 50 days from arrest to opt-in

- MHC can now do assessments in custody

Trainings for MHC Team:

- NADCP Equity and Inclusion Training in September

- Ongoing training through WSADCP

Return to in-person hearings 6/1/22 Switching to 2WM for random drug testing in MHC Website overhaul For more information/questions please reach out to Beth Robinson 564-397-2431 or beth.robinson@clark.wa.gov Court will be organizing a training for Defense attorneys and for Prosecutors on MHC in the near future

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Judge Parcher with District Court Updates: Amber Emery District Court Administrator will be leaving and assuming the role of Deputy County Manager – District Court will host a “god-bye” party for her May 31st Bryan Farrell will be the new Court Administrator Deputy Court Admin position will be open until filled Work Crew is closed until May 21st Regarding IN person dockets – reminder to review the policy regarding which matters are held in person and which will be virtual Change of Plea documents - E-Signature still ok as long as it complies with the current court rules Court Rules Updates – are currently on the website and open to public comment - Infractions - Small claims - Protection orders Cases that are cited in by an Officer or summoned into Court – and also have warrants the warrant cases will now be cited in at the same time. District Court is trying to get away from adding cases at the last minute Requests to add on COPs to VARR/DVARR – contact assigned Department and Judge will review requests and place on appropriate docket OnBase switch from Liberty – is now scheduled to occur at the end of July to beginning of August, if you are already subscribed to Liberty, you will automatically be subscribed to OnBase - Court working on extending the platform for Liberty New e-file software coming, but District Court forms will still be available - For current efileing users: Text files are being placed in efile folder, entitled DEMAIL TXT – please don’t delete they are part of the migration from Liberty to OnBase

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Additional Issues raised by attendants: Kevin McClure Congratulations to Amber & Bryan - Motions to Continue – aren’t being filled and are being routinely done orally, The City would like to see written Motions file Christie Emrich - Request made to have written guidelines from the bench for ongoing COVISD procedures (i.e. what should a defendant do if they test positive and have an in person court appearance) - Question regarding how to facilitate Bench Warrant cases on dockets where the attorney is appearing virtually - Judge Parcher indicated that the Zoom booths for defendants are now operational - Request for Bench to give guidelines on COVID Roger Priest - Need more COP dockets, suggestion to move toward general cop dockets regardless of assigned department - Concern re: Internet Explorer gap with Liberty

- Amber Emery indicated that the Court is testing Chrome and Edge as a platform to support liberty in the interim

- Reminder that District Court will be using OnBase until 2025 when Odyssey is expected to ready to support District Court 2025

Alex Uslowski -Concern about seeing automatic warrants issued for FTCs

- Judge Parcher: Bench is reviewing FTCs and not automatically issuing warrants, intent of the bench is these should be summoned in

Katie Sinclair - Concern regarding Waivers of Presence, looking for more consistency from the bench

- Judge Parcher: they need to be in writing, cops shouldn’t be over ZOOM absent extreme circumstances, requests for virtual hearing need to in writing and filed ahead of time

Kris Carassco - Requested guidance for people who want to quash warrants etc. when they are out of State or out the Country

- Judge Parcher: communicate with PAs office to facilitate these warrant quashes

- Regarding Camas/Washougal : Can clients appearances at Mandatories be waived?

Or Readiness appearances? Suggestion to allow off-docket appearances for these matters

- KLP: Bench will discuss and review

Clark County Superior Court

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BENCH/BAR COMMITTEE MEETING MINUTES May 10, 2022

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Whitney Hawke (whawke@vancouverlaw.net), Rachel Brooks (rachel@guardianship-law.com), Rachel Rodgers (Rachael.

Rogers@clark.wa.gov) Dan Lloyd (Dan.Lloyd@cityofvancouver.us) Matthew Kimball (Matthew.Kimball@ clark.wa.gov), Curtis Welch (cwelch@sussmanshank.com) Jeff Keddie (jeffreyk@nwjustice.org) Leslie Lopez (Leslie.Lopez@clark.wa.gov) Julie Payne (Julie@juliepaynelaw.com) and Judge Sheldrick (Emily.

Sheldrick@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 abovementioned members of the committee.

I. OLD BUSINESS: No old business to report.

II. NEW BUSINESS: a. Judge Sheldrick: Superior Court has posted proposed amendments of local rules for comment. The court is interested in hearing the bar’s feedback. The proposed rules can be found here: https:// clark.wa.gov/superior-court/proposed-local-court-rules. Attorneys can email the court administrator or complete survey to submit comments until June 5. Many proposed changes. Highlights: Certain internal governance (presiding judge, etc.) does not need to be in rules, also changes to GAL and civil rules. Two new rules, found at bottom of website; remote appearance standards (GR 19) and electronic filing (GR 30). GR 30 significant change. Currently court has e-signing Authority of court to sign via emergency order. This would codify the emergency orders, but would also create mandatory e-filing for attorneys. Clerks would have mechanism for pro-se. Working copies would be emailed to Department. Also, change to ex parte process with electronic submission updates. i. Clerk’s office: Website says OnBase will go online this summer. Court would like to have e signing of court orders integrated into the system. Encouraged to reach out to Clerk’s office for updates. ii. Superior Court expects the consultant’s report on Superior Court case management recomimendations will be released to the public in early July. iii. Judge Sheldrick will be handling the UD dockets instead of Judge Gregerson for the timebeing. The bench will likely begin rotating this function to civ/crim judges beginning this summer. b. Whitney Hawke: CCBA very interested in transition to OnBase – not a lot out there. Bar sent out poll. CCBA is also asking when the Court Consultant’s opinion will be publicly available and open for comment.

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c. OnBase: Going live in June – Liberty subscribers will automatically be transferred over to OnBase. There will be no fee for transferring over. d. Dan Lloyd: Law Enforcement union raised a concern about new GR 31 regarding redaction to juvenile records. Supreme court has stayed implementation of rule. e. Julie Payne: Guardianship Bar – Local rules were recently discussed at our meeting; we will have comments on proposed rule changes. f. Jeffery Keddie: New attorney, Michael Abrahams, on UD docket and will see him in the next few weeks. Welcome! CCBA developing DEI committee, which is welcomed. i. Is Dept 10 moving to Annex? Yes, will be Family Law judge in the annex when that position is fulfilled by Governor. ii. Looking at rotating UD docket judge. g. Rachel Brooks: Curious about transition to new system, appreciate the new rules. h. Commissioner Sasser: Superior Court administration is still recruiting minor parent and child guardianship attorneys and pro tempore judicial officers—contact is Cheryl Stone in Superior Court administration. i. CCBA happy hour May 12: contact Lisa Darco for more information. ii. Washington Women Lawyers CLE on June 6: contact Meghan Williams, chapter president, for more information. iii. Bowling with the Judges on June 9: contact Lisa Darco for more information. iv. Family Law Section CLE on June 9: contact Chelsie Elliott for more information v. Hearsay Committee is always accepting new writers and article ideas; please contact Jill Sasser with suggestions or contributions MEETING ADORNED 12:25 pm.

Respectfully Submitted, Nicholas Alexander

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