2023 August Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

August 2023

December 2019

Tom Phelan receives the President’s Award from the Washington Association of Criminal Defense Lawyers

“Been there, done that.”

“Still there, still doing it.”

JESSE JACOBS

DON JACOBS

Injury law in Oregon and Washington Available for consult, association, or referral.

JESSE JACOBS Clark County, WA Bar Association President OTLA Guardian WSAJ Eagle DON JACOBS Trial Lawyer of the Year, Clark County (2015) Past President, Oregon Trial Lawyers Association

Portland 503.222.7757

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Vancouver 360.695.1624

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nwinjurylawcenter.com

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.

MEDICAL MALPRACTICE WRONGFUL DEATH PERSONAL INJURY

Law office of:

JANE E. CLARK AT TO R N E Y

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L AW

1014 Franklin Street Franklin Suites, Suite 108 Vancouver, WA 98660

Available for Referral or Association Vancouver 360.859.3823 Portland 503.974.4161 Email Jane@janeclarklegal.com

August Hearsay Contributors Nathan Petersen Petersen Rothermel Law Firm

Nathan Petersen is a partner at Petersen Rothermel Law Firm. His practice focuses mostly on Family Law and Estate Planning.

Jean McCoy Landerholm, P.S

Jean McCoy’s practice focus is real estate transactions and conf lict resolution, landlord/tenant and creditors’ rights. In 2020, she was awarded the Professionalism Award, by the Washington State Bar Association’s Annual APEX Awards.

Leila Arefi-Pour Vancouver Defenders

Leila Arefi-Pour is currently an associate attorney at Vancouver Defenders, where she is a criminal defense attorney serving as a public defender. Leila is the lead chair for the Washington State Bar - Animal Law Section CLE.

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Tom Phelan receives the President’s Award from the Washington Association of Criminal Defense Lawyers page 10

A Case For Finding Your Inner Passion page 14

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Summer vacations are underway! My family and I recently spent a few weeks road-tripping across Scandinavia, and it was quite the adventure. My husband, toddler, dad, stepmom and I piled into an SUV for a two-week trip through Sweden, Norway, and Denmark. The weather most of the time was less than ideal (think Portland in late September/early October, rainy in the high 50’s), but we had a few sunny, warm days that helped it feel like an actual summer vacation.

We started in Gothenburg, Sweden for two days, which were mainly spent adjusting to the 9-hour time difference. We then drove from there to Oslo, Norway, where we visited the Royal Palace and Gardens, the Oslo Opera House, and a few parks and playgrounds to entertain the little one. From Oslo, we drove to Stockholm, with a quick dinner stop in Vasteras, Sweden where some of my husband’s distant family lives.

We then had a few very packed days in Stockholm. We went sight-seeing at the Royal Palace, the Viking Museum, Skansen Open Air Museum, Old Town, and the Vasa Museum. We walked along the water, ate delicious meals, and took a day trip out to an island in the Stockholm Archipelago (on one of our few sunny days!). Stockholm was the highlight of the trip for me. I had been there once before about 5 years ago, but this time was even better than the first. It is absolutely beautiful there.

After Stockholm, we drove to the small town of Julita, where my husband’s great greatgrandparents lived and had owned a shoemaking shop. We were able to see where the

old shop was, and the house that his family had once owned, as well as spend more time with some of his distant relatives.

Our last stop was Copenhagen, which was fantastic. The food scene there is incredible. We went on a boat tour of the city, saw two royal palaces (are you sensing a theme…), and spent an afternoon at the Copenhagen Zoo, which was the highlight for my daughter.

The trip went surprisingly well, considering that we were traveling with a 1.5 year old, with a huge time change, and spending lots of time the close quarters of a cramped SUV. We only had a few meltdowns (mostly my daughter), one night of throwing up (only my daughter), and one minor parking garage fender bender (definitely not my daughter). While traveling with a young child, especially all the way to Europe, is daunting, I would highly recommend doing it. We had an great time, and made some amazing family memories.

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honorable scott collier (ret.) of counsel

Mediating Family Law and Civil Matters Judge Scott Collier (Ret.) brings his broad judicial experience and extensive knowledge of the law to help individuals reach effective and mutually beneficial solutions that protect what they value most. information and scheduling call: (360) 830-6961 email: mediation@mckinleyirvin.com

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

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TALENT SEARCH! CALLING ALL LAWYER BANDS 8th annual

BATTLE OF THE LAWYER BANDS THURSDAY, SEPTEMBER 7TH ACTS MUST HAVE At least one lawyer as a legitimate member (no funny business)

SEND DEMO TAPE TO (OR ARRANGE AUDITION WITH): COMMITTEE CHAIR MIA DEMAY mia@ccvlp.org

"Battle of the Lawyer Bands" is an annual fundraiser for Clark County Volunteer Lawyers Program, a 501(c)3 nonprofit organization 20

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Community Court: What Is It and How Is It Helping the Community?

by Leila Arefi-Pour Community Court is the newest addition to District Court in Clark County. The court aims to address lower-level crimes which would have previously been adjudicated through misdemeanor, criminal court. The ten crimes that are handled in Community Court are: criminal trespass, disorderly conduct, intoxicating liquor in a park, park curfew violation, pedestrian interference, unlawful bus conduct, unlawful camping, unlawful storage, unlawful transit conduct, and urinating in public.

The ten crimes that the court aims to address are usually due to the offender experiencing some kind of catastrophic life event such as homelessness, mental health issues, and substance abuse issues. The previous outdated process would have resulted in the majority of defendants accruing a criminal history, fines, community service, jail time, probation appointments, etc. The old adjudication process for these ten crimes created an even further metaphorical hole for them to dig themselves out and basically forced them to continue living in their unfortunate circumstances with no way out. This was not only traumatic for the offender trying to figure out an already impossible living situation but also unsatisfactory for the community as these types of offenses pose a risk to all community members.

In Community Court, participants are connected with personalized service providers and options to assist in whatever their life predicament may be that led to the commission of the crime. When a police officer responds to a call, he/she may cite the matter into Community Court. Once a participant arrives, they will be afforded the opportunity to speak to a court appointed attorney who will go through the police report with them, explain the Community Court process and answer any questions that may come up prior to opting into the court program. Participants in Community Court will then have a needs assessment and be required to engage with providers that the court deems necessary whether for housing, healthcare, mental health, or substance abuse issues. If the participant successfully engages and completes the requirements deemed appropriate for them, their case is ultimately dismissed. Should a participant fail to comply with the requirements of the Community Court, the matter will be sent back to District Court.

The program was initially spearheaded by Christie Emrich (Vancouver Defenders), Kevin McClure (City of Vancouver), Todd George (District Court Commissioner), and eventually Amber Emrery (DC Admin), Bryan Ferral (DC Admin), Elizabeth Fitzgerald (CCVL), and Jamie Spinell (The Hart Team), and Ofc. Tyler Chavers (The Hart Team) joined in the project of getting Community Court off the ground. Community Court was also a collaborative effort which included District Court, Clark County Volunteer Lawyers, the City of Vancouver, and various agencies that provide resources for our community members who are experiencing various life events which led to the commission of these low-level crimes.

Ultimately, Community Court offers our community members who may be struggling with an alternative to the criminal court process. It affords them a chance to get some services in place and to avoid a misdemeanor criminal conviction. The court is a positive step in assisting the public and avoiding court congestion with repeat offenders.

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Clark County Bar Association CLARK COUNTY BAR ASSOCIATION BOARD MEETING July 7, 2023

Called to order 12:10 pm. Hawke, Larson, Melnick, Wechselblatt, Aquadro, Sutanto, Jacobs and Executive Director Darco June 6, 2023 board meeting minutes: Motion to Approve (Wechselblatt/Sutanto) Approved Treasurer’s Report (Melnick via Zoom while driving, chewing gum, & talking smack and finances): Still in the black for now, losses could depend on Lawyer Luau expenses and revenue.

Ongoing Action Items Committee Reports: Hearsay Committee:(Hawke) great articles coming.

Social Committee:(Darco)Lawyer Luau is up next in August. Invite your support team members to attend.

CLE Committee: (Aquadro) The committee is off to a great start plan -ning. A brown bag is scheduled for October.

DEI Committee: (Wechselblatt) The Pride CLE last week was a great success. 100 people registered to attend. The Judicial Mentorship Program application deadline has been extended; apply if you are interested in this great opportunity.

Membership Committee: (Sutanto) no update Previous Action Items Judicial Survey: (Hawke) VP Hawke is drafting an email for the membership.

Current Action Items Proposed Slate of Officers for 2023/2024: (Hawke) President: Hawke, Vice Pres: Wechselblatt, Treasurer: Melnick, Secretary: Larson, Trustee: Sutanto (in year 2 of 3), Past Pres: Phelan Board Openings: Trustee (1 year left in term), Trustee (3 year term) Please apply to the CCBA if you are interested in serving on the board Upcoming Meetings/Events Lawyer Luau 8/19/23, Jim Mayhew Golf Tournament 8/25/23, Softball 9/10/23, Annual Meet -ing 9/18/23 Adjourned 12:35 24

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