2023 February Hearsay

THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

HearSay

February 2023

JACOBS DON JACOBS

February 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 on criminal defense and family law, including dissolutions, parenting plans, and child support.

Josh Sherman

Jane Clark Legal, PC

Josh Sherman is an associate attorney at Jane Clark Legal PC. His practice areas focus on Civil Litigation, Malpractice, Personal Injury, and Torts.

February in the Clark County Courthouse mean it’s time for High School Mock Trial. I have volunteered in some capacity or another with this tournament since I started practicing over ten years ago, and would recommend it to all local attorneys. But I am not hear to talk about Mock Trial. I am sure there will be a much more in depth article, complete with photos, in next month’s issue, so this month I would like to share another high school program I have been actively involved for the past 6 years.

In 2017, a teacher at my former high school (Central Catholic in Portland, OR) reached out to me to see if I was interested in volunteering with something called Constitution Team. The Constitution Team, or as it is technically called the We The People Program, focuses on expanding high school students knowledge and understanding of both the United States Constitution and what it means to be an engaged citizen in our country. We start meeting at the beginning of the school year, and the program culminates in a competition which simulates a congressional hearing. At the competition, the students “testify”, or give a prepared statement, to a panel of judges on two separate topics, and then respond to questions from the panel about each topic.

There are 6 units per team, and each unit is made up of about 4-5 students and focuses on a specific topic. For many years I coached Unit 2, which focuses on the creation of the Constitution. Local attorney Jack Green joined me in coaching Unit 2 three years ago, and has been actively involved in the program ever since. In the fall, I switched to Unit 5, which focuses on the Bill of Rights. Our topics in Unit 5 this year were about privacy/unenumerated rights and freedom of the press.

In late January and early February, the Central Catholic team competed in both the Regional and State Competitions, respectively. At State, we ended up placing 3rd in the entire state of Oregon, missing a chance to go to Nationals by just a hair (the top two teams in Oregon qualify). I know that Jack would join me in saying that we were so proud of the team for how well they did in both competitions. It is really inspiring to see a group of 16-18 year olds who are thoughtful and engaged with such important topics, and gives me a lot of hope that our future is in good hands.

If anyone is interested in volunteering next year or you want more information, reach out to me. We are always looking for people to act as practices judges as we prepare for the competitions. And don’t forget to volunteer for Mock Trial at the courthouse this year!

We're Hiring!

Housing Justice Project Staff Attorney

Provide advice and representation to low-income tenants in "pre-eviction" and "non-eviction" matters. These include efforts to prevent eviction and to assert a tenant's rights to fair and safe housing.

Full benefits, $60K/year

To read more and apply, check out our posting on Indeed or send an email to mia@ccvlp.org

Volunteer of the Month

January 2023 Rachel Brooks

Rachel came to the CCVLP with a proposition to start a new, weekly clinic specifically assisting pro se individuals with lay guardian and conservator reports.

Why do you volunteer with the CCVLP?

I have a goal - and I am not perfect, but this is a goal - of helping our legal system handle the tremendous need in the area of guardianship and conservatorship, to assist lay people who are doing the real labor of caring for loved ones with disabilities, and to hopefully help people seek out alternatives to guardianship or conservatorship, such as supported decision making.

Some words from staff about Rachel:

"Rachel is a FORCE. Not only did she come to us with a plan to volunteer weekly to fill this need that she had identified, but by doing so she has totally revamped our guardianship program and injected us with her contagious enthusiasm. Watching her work is amazing, she has so much knowledge and gusto and is able to get an entire report done in her two-hour clinic. She is really going above and beyond for us, our clients, and our community. It's hard to put our gratitude into words!"

"The manner in which Rachel speaks with CCVLP clients is so full of compassion and understanding. Her 'bed-side-manner', if you will, is just amazing; clients leave her appointments feeling cared for and listened to, which is truly invaluable."

January 2023 Attorney Volunteers:

Samantha Balmes, Josh Bean, Rachel Brooks, Conor Buie, Chelsey Butchard, Gideon Caron, Mark Carter, Ed Dawson, Chelsie Elliott, Peter Fels, Philip Foster, Moloy Good, Marlene Hansen, Jess Hardy, Lincoln Harvey, Scott Horenstein, Jennifer Joslin, Jeff Keddie, Juliet Laycoe, Beatrice Lucas, Jeffrey Peterson, Mercedes Riggs, Amber Rushbanks, Anna Vujovic, Marisa Nelson, Michelle Prosser, and thank you to support staff at Stahancyk, Kent & Hook.

If you ' re interested in volunteering, email mia@ccvlp.org

Volunteer of the Month

December 2022

Jennifer Joslin

Jennifer has been an attorney volunteer in our Family Law Program for almost a year!

Why do you volunteer with the CCVLP?

I have always been very civic-minded. I got into practicing law to truly help individuals. I feel that, as attorneys, if we have the ability to give back, even if it is just for one person, that is something we should do. Honestly, there is no secret, it is just something that I feel I should do.

Some words from staff about Jennifer:

"All year long she has been a consistent force in our Family Law community of volunteers, but in December specifically, she stepped up for us in a big way and provided services to a client with a difficult situation in both CA and WA. I appreciate how much she seems to care about each client she meets with, and how well she communicates with us here at the CCVLP. She deserves to be recognized!"

"I was lucky enough to work an event with Jennifer, and I was blown away watching her work. She was so thorough, helpful, and gave each client her undivided attention. Also, she is just an absolute joy to be around! We feel very lucky to have her in our CCVLP world."

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.

We protect what our clients value most.

teresa foster partner in charge

vancouver

CCBA’s DEI Committee is partnering with VPS and looking for volunteers!

By Courtney Mendoza (she/her)

The CCBA’s Diversity, Equity, and Inclusion (DEI) Committee has been diligently working with folks within the Vancouver Public School (VPS) District to better connect the education system with the justice system in a positive way, help break down barriers, and promote equitable access to justice in a number of ways. At this time, the Committee has the following two primary goals.

First, the Committee is in the process of jumpstarting a “Street Law” type of program in our local schools. The Committee is still working out the details of what this program will look like for our students in Clark County; but they were inspired by the international and well-respected organization called Street Law, Inc., who just celebrated their 50th anniversary last year in 2022. (https://streetlaw.org/). “In 1972, a small group of visionary law students at Georgetown University Law Center developed an experimental curriculum to teach District of Columbia high school students about law and the legal system. The lessons were an immediate success, and, responding to their practical nature, the high school students called them ‘Street Law.’ The name stuck. The efforts of [the] founding law students launched a movement to teach ordinary people about law and government using student-centered, interactive teaching methods. Street Law, Inc. was born from this movement and has been a leader in the field for more than five decades.” More information will be shared as the DEI Committee develops the local program alongside folks with VPS.

Second, the Committee is gathering a running list of volunteers who would be willing to speak at local schools and/or participate on panels to discuss their specific profession and/or legal topics as needed and organized by local teachers. Depending upon how many volunteers are received, the goal would be for a teacher to be able to review a resource list; select the attorney/judicial professional(s) within the specific practice area needed (if any preference); and email the potential volunteer(s) with the requested date, time, and detailed summary of that teacher’s needs (panel speaker, individual speaker, topic, etc.). The attorney/judicial professional(s) would then respond if they are available and willing to commit to volunteer, or alternatively if they will be unavailable to volunteer. As the Spring Semester is quickly upon us, and teachers are requesting potential volunteers (especially for their Constitutional year-end project for Seniors), the Committee is seeking the Clark County Legal Community’s help in compiling that resource list.

Please reach out to Deb Wechselblatt, DEI Committee Chair (Deb.Wechselblatt@clark. wa.gov) or to Lisa Darco, CCBA’s Executive Director (ccbamanager@ccbawashington. org) if you’re interested in being added to the resource list of volunteers and stay tuned for more information!

Esther Short Park and a Motion to Transfer Venue

by Josh Sherman

Esther Short Park sits in the heart of downtown Vancouver. It is the oldest public park in the state of Washington, dating back to 1855, and it even predates when Washington became a state in 1889. Before Esther Short Park became the public space we know and love today, it was the subject of one of the West’s first land rights disputes between local residents and a contentious murder trial.

Amos and Esther Short first arrived in Fort Vancouver on Christmas Day in 1845. The current residents of Fort Vancouver were not thrilled with Amos and Esther Short’s arrival because they were American, and Britain sought to maintain control over the land north of the Columbia River.

At the time, caretaker David Gardner watched over the plot of land where Esther Park sits today. An increasingly hostile relationship ensued between Amos Short and David Gardner, and it ended with Amos shooting David at the border between Amos’s homestead and Fort Vancouver.

Amos was arrested and feared that he would be convicted of murder in Fort Vancouver because he was unpopular with the locals to say the least. In an effort to avoid an unfair trial, Amos successfully moved to transfer venue to Hillsboro, Oregon (what is now Washington County). It proved to be a brilliant move. Amos successfully represented himself before an Oregon jury, who found that Amos acted in self-defense and acquitted him.

After his acquittal, Amos used his pro se murder trial experience as a springboard to become a successful lawyer and then judge in Fort Vancouver. As judge, Amos acquired the land where Esther Park sits today. Amos then sought to develop the area, encouraging the arrival of other American settlers.

Tragically, Amos died in a shipwreck at the Columbia River bar. After his death, wife Esther Short made it her mission to help build what is now the City of Vancouver. Esther donated the land where Esther Park sits today to the city in 1855.

Clark County Judicial Mentorship Program – A Preview

by Judge James Smith

The Clark County Superior Court Diversity Committee, in partnership with Clark County District Court, is working to implement a local judicial mentorship program. The program is expected to begin in the fall of 2023 with the goal of expanding diversity on the local bench. With this goal in mind, the intent is to provide information, training, and mentorship for local attorneys from a wide variety of perspectives, life experiences, and legal backgrounds. Additionally, the hope is to increase awareness and interest in the possibilities of a judicial career among attorneys from diverse backgrounds. The central component will be pairing participants with judicial officer mentors. There will also be multiple training sessions on a broad variety of topics. Judge Emily Sheldrick is leading the ongoing development of this program and the local bar can expect more information to be released in the coming months about the application process and curriculum.

The Coolest Thing I Have Done as a Lawyer

By Courtney Mendoza (she/her)

As lawyers, we’re oftentimes considered “boring stiffs,” but if you knew the folks practicing in Clark County, you’d think otherwise. Over the years, many interesting and impactful things have come up for our practitioners, here are a handful of those moments:

Judge Clark once had a client acquitted on a residential burglary charge, where the allegations included the client having taken a shower in the victim’s basement while high on drugs. Judge Clark worried that the client may be back with new charges, or worse, because of the client’s drug addiction and high-risk behaviors; until a few years into her taking the Bench, where she was thrilled to preside over her former client’s now successful Drug Court graduation.

Judge Lewis and his wife remember the time he argued a case before the Washington Supreme Court while they sat on a stage set for “Bat Boy: The Musical.”

Commissioner George maintains that he “can’t think of anything [he’s] done (as a lawyer or not) as being interesting. Just a bunch of old war stories nobody cares about.”

Cathy Kuffner served as an Officer in the US Navy JAG Corps during September 11, 2001.

Christie Martin assisted in a medical guardianship case for a Ugandan girl who couldn’t walk.

Erin McAleer was admitted to the U.S. Supreme Court, with a few alumni from his school, and sat mere feet from the Justices during two oral arguments. Erin was able to get a picture of himself inside the room for new prospective members just prior to the Court swearing everyone in.

Jeff Holmes is living many of his fellow colleagues’ dreams as he’s currently off doing the coolest thing he’s ever done as a lawyer, taking amazing vacations and championing a healthy work-life balance! Jeff explains that one of the coolest things he’s ever done as a lawyer was to establish a routine of taking roughly two months of vacation each year, including a longer vacation of at least a month away from the office. He underscores how his time away from the office makes him a better lawyer because it allows him to have things to look forward to, the ability to completely unplug and forget about his caseload while traveling, and ultimately led him to pursuing his longer-term sabbatical. Jeff is currently five months into his sabbatical and sent us a picture from he and his wife’s October 2022 four-day backpacking trip in the Milford Sound in New Zealand.

Clark County Bar Association

CLARK COUNTY BAR ASSOCIATION BOARD MEETING

January 3, 2023

Minutes for the CCBA Board of Trustees Meeting January 3, 2023

Called to order 12:05 p.m. Phelan, Hawke, Melnick, Larson, Aquadro, Jacobs, Wehselblatt, and ExecutiveDirector Darco

December 2022 board meeting minutes: Motion to Approve (Phelan/Aquadro) Approved

Treasurer’s Report (Melnick): Reviewed financials. The deposit has been paid for the Barrister’s Ball event space.

Ongoing Action Items

Committee Reports:

Hearsay Committee: (Phelan): disussed upcoming articles

Social Committee:(Phelan) meets this Friday

CLE Committee: (Aquadro) The next meeting is in February. They are working on speakers for March and April. A mediation CLE is being planned. The committee considered the monthly CLE brown bag idea, the cost and the time necessary; they will plan one or two a year as a CCBA membership benefit. An additional judge is needed for the trial skills CLE practical day. Discussed partnering withother bar associations for CLEs and speakers.

DEI Committee: (Wechselblatt) They are meeting 1/28/23 with Vancouver Public Schools representatives regarding a Street Law program. Working on a possible Pride CLE; Wechselblatt is on the board of Q Law Foundation and is inquiring into cohosting a CLE with that board. Discussed having a co-chair for the DEI committee.

Membership Committee (Phelan) Discussed a membership survey .

Previous Action Items:

Judicial Survey: (Phelan) no new updates; will develop a workgroup

Current Action Items

Membership Update (Darco) 2022/2023: 383 members, Nonrenewed: 67, New Members: 31, 2021/2022: 409 members; CCBA board members will continue to reach out to those who haven’t renewed their memberships.

Lunch CLEs (Phelan) Idea for monthly brown bag CLEs that are free to CCBA members. CLEs could be held downtown in the Park West community room (where the Coffee with Colleagues event was held). The CLE committee considered the cost and time required to plan. Decided to do one or two a year.

CCBA March General Meeting (Phelan) Darco is looking into availabiltiy of the Red Cross Building. The meeting will be in person.

Adjourned 12:38

HEADER (CHANGE ON MASTER B)

Clark County Superior Court

BENCH/BAR COMMITTEE MEETING MINUTES

January 10, 2022

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Leann Larson (LeAnn. Larson@clark.wa.gov) Rachel brooks (rachel@guardianship-law.com) Dan Lloyd (Dan.Lloyd@cityofvancouver.us) Rachel Rodgers (Rachael.Rogers@clark.wa.gov) Jessi Anderson (jessi@ccvlp.org) Curtis Welch (cwelch@sussmanshank.com) Leslie Lopez (Leslie.Lopez@clark.wa.gov) Jeff Keddie (jeffreyk@nwjustice. org) Judge Fairgrieve (John.Fairgrieve@clark.wa.gov) and Judge Retsinas (nancy.retsinas@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.

OLD BUSINESS:

No old business to report.

NEW BUSINESS:

Judge Fairgrieve: Superior Court fully into organization structure changes. Now two elected officers, three divisions, with each having a chief (presiding) judge. Criminal: Chief is Judge Fairgrieve, with Judge Clark, Judge Lewis, Judge Gregerson, and Judge Snider also assigned to the criminal division. Civil: Chief is Judge Retsinas, with Judge Sheldrick and Judge Vanderwood also assigned to the civil division. Family law: Chief is Judge Gonzalez, with Judge Banfield, Judge Cornell, Commissioner Ellis, Commissioner Sasser, and Commissioner Hayes also assigned to the family division. We’ve accepted many of the process and procedure recommendations from the consultant. Among them:

We created an Administrative Leadership Team (ALT) consisting of Judge Snider, Vander wood, Cheryl Stone, and Chris Simonsmeier, who meet on a weekly basis.

We created an Executive Leadership Team (ELT) consisting of the ALT members and the Chiefs of the three divisions, who meet once a month and make recommendations, re search issues, and advise the ALT.

All judicial officers meet en banc (11 judges and four court commissioners) once a month (instead of every-other week).

There is still work to do to develop standards about scope of decision making and types of decisions made by each.

Three divisions will work primarily within their area of law for process and decisions. This new arrangement will keep judges focused on their area of law.

In criminal world the consultants recommended changes to docket system. We are con tinuing forward with current structure until April. Changes include 1st appearance in afternoon, but also changes in terms of dockets and when they occur.

Anna Klein: PTMC for staffing on 1st appearance question – is the assigned attorney needed, or can we send a proxy?

Fairgrieve: will follow up with other judges.

Judge Fairgrieve Continued: Fasttrack case resolution process: Intended for cases that require minimal work to move matters forward. Goal is to resolve before trial setting, which happens at arraignment, no more than 14 days after the preliminary appearance. Some issues are 14 days is not long enough to get discovery and discuss offer with client. Criminal rules say 14 days need to have an arraignment etc., to make this happen defendants need to waive speedy arraignment.

Anna Klein: Prosecutor’s Office (“PO”) is rolling new policy February 1st for defense interviews. Number of requests means we cannot effectively set them up. Lack of interview causes cases to drag on and PO wants to not be the middle man. Defense can now reach out to witness directly. We worked with LEO to ensure they are comfortable. So far, they have been receptive. Will help with expediting cases.

Rachel Brooks: We are soon having annual meeting for guardianship and elder law section. You can reach out Rachel personally.

Le Ann Larson: Fed Govt will update the poverty guidelines; look for that January 16 -20th to be updated. Probably won't often affect standard calculations due to the high min wage here in Washington.

https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines (When the federal poverty guideline is published for 2023, to calculate the WA Self Support Reserve (SSR), multiply the poverty guideline for 1 person by 125% and then divide by 12 months.)

Also, there is now a pattern form for 3 parent worksheets. It is on the WA Courts pattern form website.

Leslie Lopez: Nothing today.

Judge Retsinas: Ex Parte management update. In the next weeks you can expect changes. I am available for questions. Hopefully will reduce lines and make things easier. Updates will be shared soon.

Dan Lloyd: for Comm Sasser: AOC sent out updates on contested protection orders, important to use new forms! Check their website. https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=142

Curtis Welch: Update on mock trial – district tournament next month. 11 total teams. Practicing and will head to Seattle to scrimmage against Seattle schools.

Jessi Anderson: CCVLP now doing in-person guardianship clinics Friday morning. You can send people straight here. Also working with Pasitos Gigantes. To work with guardianship and related issues. Offered in English and Spanish.

Question: Concerns about civil protection order docket locations; do they move on a rotation that is predictable or not? How can we tell pro se what courtroom to go?

Protection orders rotate depending on court availability. Assignment that gets made late in the day prior to hearing. Published in elevator.

Dan Lloyd: https://www2.clark.wa.gov/files/dept/superior-court/dockets/supcrtsch.html - This link is usually updated the night before.

Jeffrey Keddie: Nothing to add.

Commissioner Sasser: YLS CLE on 1/18 (noon hour)

Inns of Court on 1/18

Mock trial is coming! Raters can email me to sign up.

New family law calendar/schedule rolling out on 3/6 for all family law judges and commissioners

New family law ex parte process—email me for more info

MEETING ADORNED 12:42 pm.

Respectfully Submitted,

Nicholas Alexander