2022 December Hearsay

HearSay

Happy Holidays from the CCBA Board

law in

JESSE JACOBS

DON JACOBS

Trial Lawyer of the Year, Clark County (2015)

Past President, Oregon Trial Lawyers Association

JESSE

December 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.

Commissioner Erin Priest Clark County District Court

Commissioner Erin Priest began serving as a judicial officer for Clark County District Court in 2021.

Nathan Petersen Petersen Rothermel Law Firm

Nathan Petersen’s practice focuses primarily on family law, including dissolutions, custody issue, child support, and adoptions.

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.

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.

lisa ward partner

Happy Holidays from the CCBA Board!

page 10

History in the Making

Clark County Mock Trial Case Released

My husband, John Terry, turned the big 4-0 last month. We decided that we should celebrate this momentous occasion by taking our first trip without the baby (eek), and we settled on Mexico as our destination. After some discussion and lots of searching on Airbnb, we found a great house in a little surf town outside of Puerto Vallarta called Sayulita (I would highly recommend visiting if you get the opportunity). The house had room for 12 people, so we started inviting friends to come celebrate with us, and we somehow ended up with a group of almost all lawyers. The crew consisted of: Amber and Eli Rushbanks, Nate and Leaa Petersen, and Scott Edwards and Colin McHugh plus their significant others.

In the weeks leading up to the trip, I was naturally freaking out about leaving my daughter overnight for the first time. And instead of doing the responsible thing and leaving for a weekend to go to the coast or Bend, I was leaving for a week. To another country. Multiple time zones away. When we first started planning the trip months before, it seemed like it would be totally fine. Margot would be 1 year old by then, and we assumed we would be ready to get away and take a much-needed

break. Yet as the trip got closer, John and I were regretting our choice. We felt like we were not ready to leave her yet and didn’t feel confident that she was ready to be apart from us. But the tickets were booked, the house was reserved, and there was no turning back. Luckily, I had some excellent childcare lined up—the now-retired, superstar grandpa, Tom Phelan—and that helped ease some of my anxiety. After lots of planning and preparation (including a ten-page typed up “Margot Manual”) and a few tears, John and I boarded a plane to sunny Mexico. And we all had an amazing time. We did group surf lessons and a boat excursion to an exclusive hidden beach in a National Park. A smaller group went deep sea fishing one day (but unfortunately came back empty-handed). A few of us went to the spa. We ate delicious meals and drank a lot of margaritas. It was a perfect little getaway, and by the end of the week, John and I were READY to get home to see our daughter. Going was absolutely the right decision for us. We were able to recharge from parenthood, Margot was able to do have some special bonding time with her grandparents, and we made some amazing memories with great friends.

By Whitney Hawke

Paralegals, judicial assistants, clerks, and support staff make the legal world go round. When mid-December arrives you may be wondering what gift to give to show your appreciation. We can all agree there is nothing worse than receiving a dud gift and having to feign interest. “Wowww, these post-it notes are a really pretty shade of yellow. Is this pen a fine point? You really outdid yourself this year!” We surveyed legal staff in Clark County to see which gifts from their bosses really hit the mark.

The most important gift a boss must give is a thoughtful card. Let your support staff know how much you appreciate them -- and be sincere about it! Material gifts are great too, but telling your support staff how important they are is a must. They are the first line of defense when people are clamoring for your attention. They are experts at coming up with little “white lies” so clients give you space. Make sure they feel appreciated first and foremost with a heartfelt card.

In addition to a card, you can be a good elf by considering the list below:

-Something that shows you pay attention to their interests outside of work. Some examples:

-A gift card to their favorite coffee shop/restaurant

-Tickets to a play/concert/sporting event they have talked about

-An Airbnb or hotel gift card if they like to travel

-An extra day or two of “floating holiday” time to use whenever they would like

-A gift certificate to a fancy spa for a massage or facial

-Desk décor

-For crafty/DIY people, a gift card to a craft workshop (Kindred Homestead Supply has great options!)

-A cozy winter blanket

-Coloring books or stress release balls to use while handling frustrating phone calls at work

-A bottle of their favorite beverage (alcoholic or otherwise)

-Cold hard cash – the universal love language

My own paralegal offered this terrifying suggestion: “I always love things that are useable – like the high-end $600 keyboard I sent you?” Isn’t she SO FUNNY? SEND HELP. And happy holidays!

Clark County Mock Trial Tournament

by Commissioner Jill Sasser

Mock Trial is coming….and it will be back in person!

The Clark County Tournament will be held IN PERSON at the Clark County Courthouse on Wednesday, February 15 and Thursday, February 16, 2023.

If you are interested in serving on the Mock Trial Committee, please contact Comm. Jill Sasser at jill.sasser@clark.wa.gov

Our own Judge Lewis has again written this year’s case, entitled “Swat the Fly.” Here is a summary by Judge Lewis: “This year’s case covers a familiar concern of the law – how far does responsibility run, especially when action (or inaction) contributes to an injury that is directly caused by others? We dealt with this issue two years ago in ‘The Statue’, when we grappled with the concept of accomplice liability. This time, the focus is on criminal recklessness and negligence. If someone recognizes, or should recognize, that a catastrophe might occur because of their behavior, is it reasonable to expect them to try to prevent or mitigate the damage? It’s much easier to assign blame with hindsight, but should we as a society punish a defendant for the lack of foresight? And where do we draw the line between “cause in fact” and “proximate cause”? The second term implies a close connection to the resulting damage, so close that this actor should share responsibility for the tragic results. But where is that line? Some acknowledgements may enhance your discussion of these issues.

First, the case is loosely inspired by a manslaughter prosecution in Michigan, the Crumbley case. That matter is also scheduled for trial early next year, so it may be resolved during our tournament. It’s not hard to find media coverage about the case; for a good starter article, try: https://www.nytimes.com/2021/12/03/us/michigan-prosecutorcrumbley-charges.html

One of the best articles on the growing problem of swatting is a detailed 2018 description of an incident in Wichita, Kansas that resulted in a police shooting: https://www.wired.com/story/ swatting-deadly-online-gaming-prank/. Serious stuff, but I’m hopeful that discussion of the issues will give students a better understanding of how the law struggles with these challenging problems. Any dated references and antiquated slang in the case are solely the result of the author’s age and lack of cool. Good luck, everyone!

History in the Making

By Commissioner Erin Priest & Commissioner Jill Sasser

On Friday, May 13th, 2022, all of the female judicial officers to ever serve Clark County, past and present, in both Superior and District Courts, met to commemorate the historic number of female Judges and Commissioners on the bench in Clark County. Special guests in attendance were retired Superior Court Judges Barbara Johnson and Diane Woolard, and retired Superior Court Commissioner Carin Schienberg. The late Superior Court Commissioner Dayann Liebman’s photograph was held by Judge Jennifer Snider.

The last couple of years have been exciting and historic for Clark County, due to a record number of female judicial appointments made by Governor Inslee for Clark County Superior Court. Among the many notable appointees, in 2021, Judge Camara Banfield became the first African-American judge in Clark County, and in 2022, Judge Tsering Cornell became the first Tibetan-American judge in the country. Additionally, the majority of the judicial officers in this photograph are the first women to hold their departments in both courts. 2022 marks the first time that a majority of judicial officers in Clark County are women.

The first female judicial officer in Clark County is retired Judge Barbara Johnson, who was appointed as a Superior Court Judge in 1987. She also served as Presiding Judge during her tenure. Judge Jennifer Snider currently serves as Assistant Presiding Judge of the Superior Court.

The first female judicial officer appointed to Clark County District Court is Judge Kelli Osler, who was appointed as a Commissioner in 2005, and as a Judge in 2010. Judge Osler has ser ved as District Court’s Presiding Judge for the past seven years. Judge Sonya Langsdorf has served as Presiding Judge, as well as Assistant Presiding Judge. Judge Kristen Parcher has served as Assistant Presiding Judge, and will become Presiding Judge of District Court in 2023. All of the women ever appointed to the Clark County District Court are currently still ser ving.

Thank you to District Court Commissioner Erin Priest for coordinating this effort, and to Rebecca DeMoss, a District Court administration employee, for volunteering her time to photograph the group.

CCBA Diversity CLE

by Nathan Petersen

On Friday, October 21st, the CCBA conducted an all-day continuing legal education course on diversity, equity, and inclusion. The CLE presented by David Hoffman focused on helping members identify and address unconscious bias. Mr. Hoffman is a founding member of Boston Law Collaborative, which is focused on collaborative law and mediation. Mr. Hoffman also teaches courses at Harvard Law School, where he is the John H. Watson, Jr. Lecturer on Law. His courses include Mediation, Diversity and Dispute Resolution, and Legal Profession.

The event, via Zoom, included both large and small break out group discussions. The presentation opened with an exercise intended to identify the similarities that we share with one another that are not necessarily visible or apparent on the surface. Learning both that we cannot understand someone else’s experience merely by looking at them and also that we often share things in common with other without realizing it. One exercise asked participants to mention some aspect of themselves, such as whether they have or are adopted, whether they have a learning disability, or are a step-parent. Then other attendees would raise their hands if they shared that trait or experience.

During a small break out room, people shared how they feared they were perceived by others based on their gender, race, sexual orientation, etc. Many also shared how they may be perceived as a result of their occupation or role as prosecutors, criminal defense attorneys, personal injury lawyers, etc.

Attendees learned the importance of identifying their own implicit bias so that it can be addressed and accounted for. A discussion of how implicit bias can have an especially negative impact in our line of work was discussed, as it effects how a case is approached in settlement and sentencing. There is demonstrative evidence that people of color typically receive longer sentences.

Micro aggressions were also discussed and identified. “Microaggressions are the everyday slights, insults, putdowns, invalidations, and offensive behaviors that people experience in daily interactions with generally well-intentioned individuals who may be unaware that they have engaged in demeaning ways.”1 A video demonstrated that people often do not realize they are engaging in a micro aggression and occasionally believe their micro aggressions are positive if they reinforce a positive stereotype. Similar to implicit bias, the importance of identifying a micro aggression and eliminating it was stressed as engaging in these micro aggressions may not be something people realize they engage in.

Similar to micro aggressions and implicit bias, privilege may be something people do not even recognize in themselves without introspection and guidance. A video of an exercise was shared where each participant stood at the same spot. Then as questions were asked, they would either take a step forward or remain where they were. Things such as having college educated parents, never having to skip meals because of income / food insecurity, having books in the home, etc. were all identified as a privilege in the sense that those things were advantages or disadvantages. Participants then engaged in a similar “privilege poll.”

Lastly, institutional racism was discussed with a focus on how courts engage in forms of institutional racisms through sentencing and treatment of minorities. Efforts to curb and address this at the prosecutor’s office were discussed.

The presentation was fantastic and allowed lawyers from all different walks of life and practice areas to better understand prejudices that impact their practice in the law profession.

1 https://www.med.unc.edu/healthsciences/about-us/diversity/jeditoolkit/microaggressionsmicroaffirmations/#:~:text=Microaggressions%20are%20the%20everyday%20slights,have%20engaged%20in%20demeaning%20 ways.%20(

Clark County Superior Court

BENCH/BAR COMMITTEE MEETING MINUTES

November 8, 2022

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com), Le Ann Larson (LeAnn.Larson@clark.wa.gov), Rachel brooks (rachel@guardianship-law.com), Judge Fairgrieve (John.Fairgrieve@clark. wa.gov), Jeff Keddie (jeffreyk@nwjustice.org) Curt Welch (cwelch@sussmanshank.com). 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 above-mentioned members of the committee.

OLD BUSINESS: No old business to report.

NEW BUSINESS:

Curt Welch: A few weeks into mock trial prep for the district tournament– had several practices. Interesting fact pattern in this year’s case about “Swatting” (calling the SWAT Team on a person). The defendant is the parent of the person who called the SWAT Team. The parent is charged with manslaughter for their actions leading up to the SWAT team’s shooting of the victim.

Jeffrey Keddie: CCVLP is hiring for Family Law program Asst. Website or Indeed for Application.

Judge Fairgrieve: Court is in the process of implementing process and procedures recommended from the consultant. Judges now fall into one of three divisions: family, civil and criminal. This change will take place in January. NO big change in criminal procedure until April of 2023; Taking time to get everything down. There is a bar listening session coming up shortly, emails will be sent out and I would suggest anyone with an opinion to use the forum. We have been modifying plans depending on input form stakeholders, so there is value to voice your opinion. Also, Governance model for the court being looked at – currently meet every other week. But had some problems, and the consultant returned proposed changes as well. They prepared draft report addressing recommendations of judicial governance structure. They were going to make modification to their draft report, and then will return to us. We are moving forward looking into changing our governance structure. Likely going from all eleven judges getting together to something different to reflect the size of our bench. Small decision-making groups for day-to-day, and broader group for bigger decisions and maybe monthly or quarterly all judges together for big policy issues.

Numbers are up, especially in criminal docket. Increases in volume was felt on the bench. Utilizing change of plea docket is probably close to 100%, good thing, but creating stress in system. We are now facing situation where every case is called ready. We can handle about 5 criminal cases at a time, and we are there. We have substantial backlog that we are working our way through. Things are working well.

Curt: Would rules changes be a full slate of eleven judges?

Judge Fairgrieve: Probably what will happen is small group will make recommendation and take it to a larger group. We have not decided the scope of decision-making yet. We talked about need, but is a work in progress.

Judge Sheldrick: The court needs to adopt local rule, so would need to be adopted through the larger decisionmaking body.

Judge Sheldrick: Broadcast listening session – great feedback from Civil attorneys. What we are looking at is adding a general civil docket for every department in civil dept. Judge Vanderwood and myself will have extra general civil docket on Wednesday morning. Encourage reaching out to court admin and attend session.

REMINDER: Do not need to see GR 17 declaration anymore. Local rule was adopted that makes it unnecessary.

Le Ann Larson: Washington min wage is going to $15.74 an hour at the first of the year. Family law practitioners use the minimum wage to impute wages, etc. The November CCBA board meeting was held. The Trial Skills CLE series is on-going. The full day practical day will be held in March. Volunteers, including judicial officers, are needed! Contact Lisa Darco or Jane Clark if you’re interested in helping. There will be an ethics CLE next month.

Curt: Are there written materials available for the CLE’s? Yes, materials are available.

Rachel Brooks: Elder Law section have been doing lots of training, on Vulnerable adults, and Minor guardianship and whether you can place without consent. More in the coming months.

Jeffrey Keddie: CCVLP still looking for volunteers this Saturday for LatinX.

MEETING ADORNED 12:27 pm.

Respectfully Submitted,

Nicholas Alexander

Clark County Bar Association

CLARK COUNTY BAR ASSOCIATION BOARD MEETING November 1, 2022

Minutes for the CCBA Board of Trustees Meeting November 1, 2022

Called to order 12:06 p.m. Hawke, Melnick, Larson, Aquadro, Jacobs, Wechselblatt, Sutanto, and Executive Director Darco

October 2022 board meeting minutes: Motion to Approve (Melnick/Aquadro) Approved

Treasurer’s Report (Melnick): Reviewed financials. If you haven’t paid your dues yet, please get it done. CLE revenue is up. Revenue is up because it’s the time of year that dues are coming in.

Ongoing Action Items: Committee Reports: Hearsay Committee: (Hawke): They are taking submissions for November.

Social Committee:(Jacobs) The committee met and planning is underway for a holiday party, the Barrister’s Ball, Bowling with the Judges, and Happy Hours.

CLE Committee: (Aquadro) The committee is lining up December ethics CLE speakers. The trial skills series is underway through March. Planning has started for April, May, and June CLEs.

DEI Committee:(Wechselblatt) The committee debriefed the David Hoffman CLE and it was very well received. They will continue to plan trainings. The Coffee with Colleagues event was well attended and the committee wants to host similar future events with opportunities to introduce the purpose and mission of the DEI Committee. Street Law details are being worked out. Another goal is to have the Judicial Mentorship program started at some point next year.

Membership Committee (Sutanto) They are looking at what motivates people to join the CCBA.

Previous Action Items:

Survey of Judicial Officers: Forming a workgroup may be best for this. Discussed King County’s model and purpose and timing of a survey.

CCBA Bar Poll (Jacobs) Subcommittee meeting will be 11/14/22 at noon. The subcommittee will review the bar poll process and the current format of the poll. The subcommittee will consider feedback members have provided.

Current Action Items: Membership Update: (Darco) 2022/2023: 325 members, Nonrenewed: 120, New Members: 24, 2021/2022: 409 members

Van Vista Gift Drive: The CCBA will be collecting holiday gifts for Van Vista residents. Ho Ho Ho