HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION
June 2020
February 2020 2019 December
THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION
HIGH DOSAGE LEGAL REMEDY
Available for consult, association, or referral for injury claims in Washington or Oregon. Sleep better. JESSE JACOBS OTLA Guardian WSAJ Eagle
DON JACOBS Trial Lawyer of the Year, Clark County (2015) Past President, Oregon Trial Lawyers Assoc.
Portland 503-222-7757 Vancouver 360-695-1624 nwinjurylawcenter.com
HEARSAY MAGAZINE
Clark County Bar Association
The CCBA’s Official
CIRCA 1978
Members’ Magazine The Clark County Bar Association is a profressional 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
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HEARSAY MAGAZINE | JUNE 2020
June Hearsay Contributors
Paige
Laura
Victoria
Spratt
Nelson
Blachley
Schwabe, Williamson & Wyatt PC
Samuels Yoelin Kantor, LLP
Samuels Yoelin Kantor, LLP
Paige practices Real Estate and Construction law at Schwabe, Williamson & Wyatt. She is the current President of the CCBA.
Laura Nelson is a member of the Samuels Yoelin Kantor Estate Planning team, and an associate at the firm.
Victoria Blachly is a fiduciary litigator and Partner at Samuels Yoelin Kantor LLP.
Brad
Rajeev
Jill
Thayer
Majumdar
Sasser
Schauermann, Thayer, Jacobs, Staples & Edwards, P.S.
Washington State Bar Association
Brad’s practice focuses on personal injury, auto accident, biking accident, and insurance cases.
Rajeev Majumdar is the current President of the Washington State Bar Association.
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Landerholm Law Firm, P.S. Jill Sasser’s practice emphasizes estate planning, trust and estate administration, probate, and guardianships.
we protect what our clients value most. For decades, McKinley Irvin has helped clients navigate through some of life’s most difficult challenges. Our 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.
2020
360.448.2631
| vancouver | portland | seattle | kirkland | everett | tacoma | mckinleyirvin.com
HEARSAY MAGAZINE | JUNE 2020
A Message from the WSBA President page 12
Get your pending injury cases done— Grant will take the lead on getting your cases to a jury.
• Over 50 jury trials to conclusion in Clark County • 2019 Clark County Injury Verdicts: Insurance offer of $20,000 —Verdict of $205,000 Insurance offer of $12,000 —Verdict of $40,000 • Fee splits as per RPCs are welcome.
Grant A. Gehrmann Attorney at law
203 SE Park Plaza Dr., Suite 215 • Vancouver, WA 98684 • 360.253.3667
vancouverinjurylaw.com
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HEARSAY MAGAZINE | JUNE 2020
Not Just Another Coronavirus Article page 16
Covid-19 Lawyer Stress: SOS page 20
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President’s message by: Paige Spratt
We saw the wildfires in Australia destroying the forests, burning homes, and killing millions of animals. Then came COVID (no explanation needed). We saw snow in April and Murder Hornets in Seattle. Just when we thought we’d seen the worst of 2020, we see the video of George Floyd being asphyxiated by a police officer. Mr. Floyd is handcuffed and face down. The police officer has his hand in his pocket. For 8 minutes and 46 seconds, Mr. Floyd is suffocated. He tells the officer he can’t breathe. He calls out for his mother. He dies. As a human being, the murder of Mr. Floyd is outrageous. As a mother, it is heartbreaking. As an American, it is flat out unacceptable. There is no denying that if Mr. Floyd’s skin was White, he would still be breathing.
ty Bar iation A 1978
Systemic racism is everywhere. Bias exists everywhere. Even if implicit bias, you cannot deny its existence. Black parents have to take their Black children to police stations to introduce themselves as the new Black family in town – to be proactive and to prevent what happened to Breonna Taylor, Ahmaud Arbery, Trayvon Martin, or the numerous other Black Americans that have been needlessly murdered because their skin was Black. White privilege exists. A Black man cannot peacefully watch birds in central park without a White woman calling the police on him because she wasn’t following the rules. She weaponized the police by calling out his race in her call to the police. We cannot ignore racism or be silent about it any further. Black lives matter. Even White people (like me) can take action. 1) Use your voice. Join the protests – in person or on social media. If you’re sick of the protests, then you’re not listening and you’re not paying attention. We all should call out racism when we see it.
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2) Give your time. The Clark County Volunteer Lawyers Program serves our underprivileged community, including many minorities. Donate your time and see firsthand what it looks like to breakdown systemic racism. Reach out to the CCVLP by going to: https://www.ccvlp.org/join-us/. 3) Donate your money. Give to a cause that is working to break down barriers for minorities and create awareness. I gave to the Southern Poverty Law Center, which a former Schwabe attorney worked for. You can donate to the Southern Poverty Law Center at https://www.splcenter.org/. There are many other organizations, such as Fair Fight (https://fairfight.com/) and NAACP Legal Defense and Education Fund (https://www. naacpldf.org/). 4) Change your thinking. Be aware of your personal biases. Educate yourself about different perspectives. Read a book (I’ve added Eloquent Rage by Brittney Cooper and Heavy by Keise Laymon to my library). Watch Just Mercy or 13th on Netflix. Or take yourself out of your comfort zone by listening to a new, thought provoking podcast. The following is a list of other books, movies, and podcasts that are very informative. Movies:
I Am Not Your Negro (James Baldwin doc) — Available to rent or on Kanopy
Selma (Ava DuVernay) — Available to rent for free in June
When They See Us (Ava DuVernay) — Netflix
Books:
How To Be An Antiracist by Dr. Ibram X. Kendi
So You Want to Talk About Race by Ijeoma Oluo
Me and White Supremacy by Layla F. Saad
Podcasts:
1619 (New York Times)
About Race
Code Switch (NPR)
Intersectionality Matters! hosted by Kimberlé Crenshaw
Momentum: A Race Forward Podcast
5) Vote. Vote in the primaries. Vote in November. Systemic racism doesn’t just exist at the federal level but also at the local levels.
Diversity provides a different (and much needed) perspective. Let’s change the world for the better. 9
PROSECUTING ATTORNEY | ANTHONY F. GOLIK SCOTT D. JACKSON Chief Deputy
CAMARA L. J. BANFIELD Chief Criminal Deputy
EMILY A. SHELDRICK Chief Civil Deputy
GAYLE HUTTON Administrator
June 3, 2020 I am deeply troubled by the horrific actions of the law enforcement officer who caused the death of George Floyd. It was difficult to even watch the video. However, seeing what happened is necessary for every prosecutor. The actions of the other officers on the scene who did not intervene when George Floyd was dying is almost as shocking as the conduct of the officer who held his knee on George Floyd’s neck. My heart goes out to George Floyd’s family. The conduct of the officers in this tragic incident should make every prosecutor and every law enforcement officer reflect on our American system of justice. We must reflect on what we can and must do to win back the trust of all communities. The death of George Floyd should move all of us to confront the undeniable fact that institutional bias exists. As prosecutors, we must face the fact that our justice system needs to continue to seek reform. Vancouver Police Chief James McElvain recently said that “law enforcement is based on public service, compassion, safety and care for others. Hearing a man begging for his life, saying he cannot breathe, while other officers stand by and do nothing, is not reflective of the values of law enforcement in any way.” I believe the conduct of the officers in this incident runs counter to the core of who law enforcement officers strive to be as people. However, the death of George Floyd should move all of us to confront the undeniable fact that institutional racism exists. Bias exists. Brutality exists. As prosecutors, we must face the fact that no branch of our justice system is immune from bias. As prosecutors, we must not be complacent. We must continue to seek reform. We must be open minded to ideas that seek reform. We must be open to fair minded discussion of reform concepts even when they may feel extreme. Prosecutors must continue to require independent investigations and transparent review of use of deadly force by law enforcement officers in every case. We must ensure that we seek justice in all cases, regardless of who is accused. We must stand together in recognition that racism exists in our institutions and we must stand together in strong opposition to racism and bias. We must strive to achieve a system of justice where race never dictates an outcome and where all people know they will be treated equally.
Tony Golik Clark County Prosecuting Attorney
1013 Franklin St | PO Box 5000 | Vancouver WA 98666-5000 Telephone 360-397-2261 | Fax 360-397-2230 Relay Service 711 or 800-833-6388
Law Library
due to COVID-19 but we The Law Library remains closednty reaches stage 3 of will likely reopen when our cou tim e, we are providing the governor’s plan. In the mean ing emailing from reference service remotely, includ rs from books in the Westlaw, scanning short chaptesw ng your questions by library, selling form kits, and an eri phone or email. r closure, you can call If you need to contact us during ou ail lawlibrary@clark. the library at 564-397-2268 or emess hours of 9:00 - 3:00 wa.gov. During our normal businreturning calls and emails Monday through Friday, we are that phone calls are within an hour. Please be awareer, so if your phone doesn’t returned from a blocked numb ch you. accept these calls we cannot rea is and Westlaw Did you know that you can use Lex ormation is available remotely during our closure? Inf//w .clark.wa.gov/lawon the library homepage https: vicww library on how to access this ser e. soon. Meanwhile, let We hope to see you again in person us know if we can assist! Maria Sosnowski Linda Swenton
REMOTE COURT REPORTING ?
WHAT IS IT?
IS IT LEGAL?
WHAT WILL YOU NEED?
Parties taking part in the deposition are in different locations (i.e. office or home). They connect via telephonic conference or Zoom-video.
The short answer is YES. A statement will need to be put on the record when the court reporter is not present with the witness. Council can offer to do this, or the court reporter can.
For Zoom-video depositions: -A viewing device; as in iPad, tablet, or laptop with camera. -Stable internet connection - Link to the meeting (from us)
LOCATION?
Our Clark County conference suite is available to host your depositions.
QUESTIONS?
QUESTIONS?
Info@RiderAndAssociates.com www.RiderAndAssociates.com 800-869-0864
Contact Teresa Rider Teresa@RiderAndAssociates.com 360-281-4828
HEARSAY MAGAZINE | JUNE 2020
Letter from Rajeev Majumdar - WSBA President Dear Colleagues, My inbox has flooded these past few days with member concern about the events of the last week stemming from the killing of George Floyd and the resulting national discourse about racism, unlawful use of force, and civil disorder. Similarly, over the last few months I have heard concerns from members regarding the racist treatment of East Asians by parts of society during the coronavirus epidemic. Those events and issues have weighed heavily on my heart and mind and have been brought to an apex by the protests spreading across our country. It has been a challenge contemplating how I am allowed to respond as a leader of a very diverse bar while setting aside my personal opinions and adhering to the rules that bind us together as an association. Through GR 12.2, the Supreme Court of Washington has charged our bar association with promoting an effective legal system, accessible to all—and while I believe Washington holds itself to a higher standard, it is clear to me from the protests across our nation that people have lost confidence in many parts of our legal system. Like many in our nation, I am still looking for answers and a pathway forward; but as the president of the Washington State Bar Association—which upholds the integrity of the legal profession and champions legal access and justice for all—I feel the call of my conscience to speak and share some thoughts about how we as a profession—as sworn officers of the court—must embrace our responsibility by responding to this lack of confidence and by speaking up whenever the legal system falls short of the expectations of the rule of law. The killing of George Floyd at the hands of Minneapolis police officers—who have now been charged with murder—has stirred all too familiar unresolved tensions and conflict in our society over racism and the use of violence. Faced with weeks of isolation at home due to the coronavirus, a potential economic downturn, rapidly rising unemployment rates, and mistrust and misinformation about legal rights, many people in our country are left feeling hopeless, powerless, and fearful of speaking up. The result is a continued cycle of violence and defensiveness, ever more fraying the fabric of our society. There is no equity without access to the justice our legal system can provide, and there is no access to justice without our profession doing its part to solve problems. It is up to each one of us to stand up and speak for others who cannot so that we may substitute true dialogue and good policy for violence in our society. That is the very point of an effective legal system, and as officers of that system we bear a large share of the burden in its failures if each of us do not work to ever reform it. 12
HEARSAY MAGAZINE | JUNE 2020
When I find myself overwhelmed by the state of the world, I recommit to and find purpose in the responsibility and privilege I shoulder as a lawyer. We are all in a unique and powerful position to support our communities to engage in difficult conversations, to critically examine data, and to facilitate the true and honest dialogue our country needs to have about policy, law, and the equal application of that law. Sometimes that dialogue comes through litigation, sometimes it comes through designing better processes and policies. As lawyers, we should champion peaceful solutions to the serious systemic challenges facing us in these troubling days and nights, but we should also reject silence following tragedy. We as legal professionals should be doing what we can to ensure that people can be truly heard; people should not have to feel that they have to turn to violence or protest to address their legitimate grievances and frustrations. Our society will not change—it will remain in a cycle of ebbing and flowing violence and frustration—if we, those who have sworn to uphold the rule of law, remain frozen in place. Each and every one of us are privileged with legal training and an understanding of how our systems work and how change happens; so let each and every one of us, as sworn officers of the court, redouble our efforts at home, in our communities, and at work to bring our problem-solving skills to the table. If we want a society that relies on honest discourse and a trusted legal system to solve its problems and grievances, we must make sure the pathways to dialogue and dispute resolutions systems are clear. These events intersecting race and violence must not come to define our legal system, and we must stand for the principle of equal access to justice for all. While my heart is hurting and there is much I am grappling with personally—as a person of color, as a father, as a community member—I rely on the rule of law as the bedrock for positive change and hope for the future. We must do better, together. To that end, I will be facilitating the Board of Governors at its June meeting in a discussion regarding our mission statement and how they can re-focus it to bring forward our charge of promoting of an effective legal system, accessible to all. My hope is that each of you will also begin using your training and expertise to have this same conversation with the people around you and find the solutions our nation needs. In service,
Rajeev D. Majumdar Washington State Bar Association President 13
MYTHBUSTERS: PRO-BONO WORK
by: Brad Thayer
"I couldn't possibly provide pro bono assistance in the wake of COVID-19; I can't even go into my office nor meet with a client face to face!" In wake of the COVID-19 pandemic, the Clark County Volunteer Lawyers Program has started offering virtual advice clinics via Zoom and teleconference. For attorneys that are willing to provide advice at this time, it is so easy you don’t even have to leave the comfort of your own home! We will do all of the work to set up the clinic, all you have to do is dial in. To see how easy it is, email audra@ccvlp.org and get signed up to do an advice clinic.
Will Search We are searching for the last Will and Testament of Eileen D. Sorrells. If you have any information please contact Donnita Krebs at: dkrebs1225@gmail.com.
APRIL 2020 VOLUNTEER OF THE MONTH:
tim murphy Volunteers:Â Elizabeth Arwood, Samantha Balmes, Brandon Campbell, Tresa Cavanaugh, Ed Dawson, Chelsie Elliott, Philip Foster, Laurie Garber, Tanya Green, Jeff Keddie, James LeBlanc, Scott Matthews, Joseph Mintz, Benjamin Moody, Marla Rapp, Michael Reid, Emily Roberts, Deanna Rusch, Amber Rush, and Anna Russo.
Tim Murphy has always had a passion for providing legal aid to marginalized communities. He firmly believes everyone, especially those who are systemically oppressed, must have meaningful access to equitable justice. Before landing in his current position as a Northwest Justice Project housing attorney, Tim spent 3 years working as a public defender, handling over 1,000 criminal cases. Whether he's helping teach our re-entry class, supporting our organization in the fight for equal justice, or providing advice, he's the ultimate probono rockstar. For these reasons and many more, we salute Tim as our April 2020 Volunteer of the Month.
Legal Aid Fact Corner DV survivors rate the filing of a protective order as one of the two most effective tools for stopping domestic violence, second only to leaving the abuser. A domestic violence survivor Is almost three times more likely to receive a protection order if an attorney helps them apply.
Our staff are continuing to work remotely to bring legal advice to the community. We are currently providing advice via Zoom. If you are interested in volunteering, please email: audra@ccvlp.org
COVID-19Â Update
Scott HEARSAY MAGAZINE | JUNE 2020
MAY 2020 VOLUNTEER OF THE MONTH: Scott Matthews
Volunteers: Samantha Balmes, Ed Dawson, Chelsie Elliott, Philip Foster, Laurie Garber, Tanya Green, Marlene Hansen, Jeff Keddie, Robin Krane, James LeBlanc, Eli Marchbanks, Scott Matthews, Benjamin Moody, Jeffrey Peterson, Deanna Rusch, Amber Rush, Anna Russo, Jill Sasser, Leah Watson, & 16 Wriston. James
Matthews Is one of our most tried and true volunteers. While his candor and legal skills alone set him apart, many people are surprised to learn that he also holds a Ph.D In experimental nuclear physics! What we love most about Scott is his passion for helping those navigate the complex legal system, whether that be through his private practice or in our free clinics. Our housing justice project is forever indebted to him for his willing to take even the most difficult cases. Since Scott began volunteering with us 2 years ago, he has put in over 220 hours of free work. For his kindness, passion, and commitment, we honor Scott as our May 2020 Volunteer of the Month.
Legal Aid Fact Corner Seventy percent of all low income households experience at least one important civil legal problem each year. Those who experience one civil legal problem on average experience nearly nine often interrelated legal problems. Nearly three-quarters do not get the legal help they need to solve their problems. During 2019, the amount of donated attorney billable hours we received was valued at $639,250.
We are currently only providing advice via Zoom for the foreseeable future. If you are interested in volunteering, please email: audra@ccvlp.org
COVID-19 Update
HEARSAY MAGAZINE | JUNE 2020
Bookkeeping Tips:
QuickBooks Desktop - How to Change Report Fonts Here is a quick way to change report font, font style, size, effects and color in QuickBooks Desktop: · Run and report (if unsure what report to run, go to Reports menu at the top, select Report Center and run Profit & Loss Standard; or from Reports menu, go to Company & Financial and select Profit & Loss Standard) ·
Right click on the left side of the displayed report ·
In the window that appears, select preferences ·
Click OK and Yes to Change all related fonts?
A MESSAGE FROM SUPERIOR COURT: NOTICE OF APPEARANCE AND WITHDRAWAL Effective Immediately Filing of Notice of Appearance and Notice of Withdrawal To ensure the Superior Court has accurate contact information (email addresses and telephone numbers) for Zoom-supported remote hearings: ·Superior Court is requiring that attorneys file a NOTICE OF APPEARANCE in each case they have before the court and provide accurate contact information for themselves and their clients. ·Additionally, attorneys need to file a NOTICE OF WITHDRAWAL at the end of their representation in each case so that the court has notice that they are no longer the attorney of record.
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HEARSAY MAGAZINE | JUNE 2020
Not Another Coronavirus Article by: Laura Nelson
As 90s kids would say – psych! A quick Google search reveals that all we can talk about lately is the coronavirus, COVID – 19, or ‘Rona (if you’re feeling frisky),[1] and this is yet another article discussing the impacts that COVID – 19 has had on changes to legal networking and marketing efforts, as compared to a local nonprofit’s marketing and fundraising efforts. Whether you’re an introvert, extrovert or ambivert (yes, that’s a thing), you know the importance of networking and marketing on your business. Whether it’s concerted efforts to target particular clients or referral sources, picking juuuuuuusst the right font on your website, or just doing great work for your clients, a lot of what we do as lawyers is driven toward perpetuating our business. Our marketing and networking efforts have changed since the Governor’s Stay at Home – Stay Healthy Order, and may be forever changed in light of what we’re learning on an almost daily basis about ‘Rona’s effects (ew, that did feel cringey). In the same way, our community nonprofits are also having to adapt their fundraising efforts to adapt to the coronavirus (ah, much better). There are millions of resources out there about how to market effectively, but my recent experience has taught me that it can be boiled down into three simple categories: 1) getting the word out, 2) shifting focus to what you can do (versus what you can’t do), and 3) tapping into and capitalizing on the resources you already have. I served as a member of the board for CDM Caregiving Services (“CDM”) until April 2019, and am still passionately supportive of their mission. CDM is a non-profit that provides caregiving services to elderly people and people with disabilities in Southwest Washington[2]. In addition to the caregiving services that so many folks depend on, CDM provides an adult day center, and many other unique programs that support its mission. CDM is adapting their fundraising efforts to the pre/mid-corona virus world, and found success by: 1) getting the word out, 2) shifting focus to what they can do (versus what they can’t do), and 3) tapping into and capitalizing on the resources they already have. To get the word out, CDM developed a Development Committee, which focuses on raising community awareness. CDM’s Development Director, Lisa Capeloto told me that it’s unfortunate that a worldwide pandemic brought CDM’s needs and services to the forefront of peoples’ minds, but that visibility is higher than ever. People are really listening and caring about CDM’s mission and services now, because corona virus could impact or kill their mom, gramma, or other close family members. CDM is an organization that can help. CDM is also passionately pursuing the newly established CDM Halvorson Legacy Society, which allows donors to support the continued efforts and growth of CDM through their wills, trusts, or beneficiary designations (see an me or another estate planning attorney if you want to geek out about all the potential tax benefits for clients)[3]. To focus on what they can do (versus what they can’t do), CDM is shifting their fundraising efforts to online platforms, by participating in events like Giving Tuesday Now and Give 65. Finally, to capitalize on resources they already have, CDM is focusing their efforts on tapping into the wealth of supporters and community resources already within CDM’s purview. 18
HEARSAY MAGAZINE | JUNE 2020
In the same way that CDM is adapting it’s fundraising efforts, lawyers and law firms also will find success by adapting their marketing and networking strategies by: 1) getting the word out, 2) shifting focus to what they can do (versus what they can’t do), and 3) tapping into and capitalizing on the resources they already have. We all know that lawyers have the reputation of loving to talk about ourselves. It’s the subject we know best and are most qualified to talk about. Getting the word out can involve perfecting your “elevator speech” for emails, phone calls, and updating your website or LinkedIn profile. Since our potential clients and referral sources can’t really go out into the world to find us right now, our online presence is more crucial than ever. If business is light, take this time to refine your most valuable commodity – you! By refining your product, and defining what services and practice areas you practice in, you’re helping to get the word out about you and your business, thereby helping clients find the right lawyer. You can also get the word out by writing articles, writing blogs, and sharing those on your website and LinkedIn profile. I promise this is not a paid advertisement for LinkedIn. Ac-Cent-Tchu-Ate the Positive – an old classic that can be revived nicely now. Lots of us are used to a seemingly endless number of marketing and networking events, happy hours after work, and fundraisers to keep us connected. Right now, it’s easy to think about ALLLLLL the things we can’t do, but I encourage you to think about creative things you can to connect with others. In addition to getting the word out (above), you CAN arrange a Zoom happy hour or lunch with friends, clients or referral sources, you CAN attend virtual fundraisers (perhaps CDM’s?), and you CAN … fill in the blank. Once I started thinking outside my narrow lawbot framework of marketing and networking, the possibilities started to feel more real and more endless. This last tip is my favorite, because it’s the one that comes most naturally to me. Checking in and connecting with people (my assistant might call it nagging) is one of my favorite parts of this job. Some of you are probably a recipient of a “thinking of you” or thank you note from me, or a pre-Covid lunch or coffee invite. The people are what make this job funny, interesting, challenging, maddening, and so rewarding. Within our virtual rolodexes (or real rolodexes?) are a wealth of people to connect with, including former clients, current clients, referral sources, and other connections. I encourage you to connect with these people on a genuine level to see how they’re doing, and if it comes up, give them that bright, shiny new elevator speech that you perfected. The benefits from checking in are immense, not only is the human connection (and break from my housemate) nice, but I’ve gotten some good self-care tips and tricks from these calls, cards and emails too. In a world of thousands of marketing and networking opportunities, tricks, hacks, and advice, take a word from me and CDM: 1) get the word out, 2) shift focus to what you can do (versus what you can’t do), and 3) tap into and capitalize on the resources you already have. [1] Author’s note: apparently referring to the coronavirus as ‘Rona is tragically uncool and is not recommended by the youths of Instagram. [2] https://cdmcaregiving.org/. [3] To read more about the Legacy Foundation’s namesake, Dick Halvorson: https:// www.cityofvancouver.us/messenger/page/richard-halvorson-lifelong-advocate-aging 19
HEARSAY MAGAZINE | JUNE 2020
COVID-19 Lawyer Stress: SOS by: Victoria Blachly MBF Board Lawyers like to fix things: we help people solve problems; we research and resolve; we take charge and plot a path; we are pretty much unstoppable. But then COVID-19 arrived and screamed, “Not so fast there, all of you cool cats and kittens!” While it is uncertain how long COVID-19 has been laying waste to people’s plans, let alone their very lives, we have now all been living with this new reality for the last several weeks. (And if I hear or read “these are unprecedented times” again, I will scream.) With all of the Paycheck Protection Program news, remote working tips, and even how to make yourself look better on Zoom (yes, there is a filter you can use, and I do - don’t judge me), I keep turning, time and time again to my lawyer friends and colleagues to ask, “What are you doing to get through this? How are you keeping yourself from breaking down from the stress?” I read articles that say scary things like, “The coronavirus pandemic could have a ‘profound’ effect on people’s mental health - now and in the future, say psychiatrists and psychologists who are calling for urgent research.” Philippa Roxby, BBC News (April 16, 2020). That [COVID-19] can be transmitted asymptomatically has forced us to envision everyone as a potential threat. ‘We are training people to see the world as a dangerous place. This invisible enemy could be anywhere,’ says David Spiegel, a professor of psychiatry and behavioral sciences at Stanford University. How a ‘quarantine state of mind’ will define an era, Vox, Eleanor Cummins (April 16, 2020). Some of us find that COVID-19 isn’t making a substantial impact - maybe you have a small office that allows appropriate social distancing, sufficient financial reserves to weather the storm, or are enjoying the break from the often unrelenting pressures of the legal profession. But there are many more of us that find this time of paralysis frightening and stressful, because we are trained to take action and simply cannot take the action we want to take, in many instances. But there is hope. There should always be hope. And there are tools. This article provides several healthy coping mechanisms for you to choose from, opting for your own adventure for how to focus on positive mental health. But first, The Requisite Lawyer Disclaimer: I am, in absolutely no way, qualified to give actual mental health advice, through experience or training, and we cannot minimize the serious impact COVID-19 is having on some of us that would require professional mental health assistance. Please be kind to yourselves and seek appropriate care. Rather, this article is meant to share some tips that have worked for other lawyers - or tips that haven’t worked at all - in an effort to get us all talking about this scary, scary time. We have to stay strong to get through to the other side to the “new normal” or the “new abnormal.” Attorney Tanya Durkee Urbach puts it into a better focus, “The idea that this 20
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is all temporary and someday it will return to ‘normal’ can cause a tremendous amount of impatience to return to that state of normalcy. Early I realized that ‘return to normal’ is nothing more than an idea. The truth is, whatever the future holds, it will not be the same ‘normal’ we once knew, at least not possibly for many years to come. That realization was key. It reminded me that today’s normal is normal today. So, with intentionality, I decided to wake up every day knowing, this is what life is right here, right now. I realized that if I do not find the joy, make the most, do what I can today, while this is what life is, and tomorrow, while this is what life still is, months maybe even years will go by and I will have lost time and opportunity for joy.” These many tips and tricks are offered for you to try to find that “opportunity for joy.” We’re Gonna Zoom, Zoom, Zoom-a-Zoom Where is the room in your home or a space outside that is quiet enough to keep you focused on the meeting, but interesting enough to make the other attendees jealous of your yard, your curated and intellectual bookshelf, or your cute cat that magically knows when the Zoom meeting starts? Or is it more like, “Where is that mute button?!?” because your children have come screaming into the room, or everyone else in your household is already on their own Zoom meetings, so you are stuck in the laundry room, balancing your laptop on a pile of dirty clothes? Dan Duyck’s theory is that your real estate may well increase in value, if you promote your separate, private, well designed “Zoom Room” as a feature. My own firm has a standing Friday Zoom Happy Hour, and we’ve tried charades, Pictionary, theme nights, and trivia. In some ways it’s forced family fun, because you can be certain that not everybody feels like attending every event, but it’s also necessary, because we miss each other. Zoom or FaceTime with friends, family and colleagues can be a good stress reliever. It’s easy and you only have to wear a clean shirt with your pajamas or sweatpants. Go for a theme: western, 80’s big hair, Jersey shore, Hawaiian shirts, fun cocktails, cooking tips - the list is endless. Leslie Johnson calls her Zoom lunch with friends, “Really good medicine.” Michael Walker attended a webcast gala for the Oregon Symphony, enjoying the live performance and calling it “a breath of fresh air.” One of my first Zoom experiments was when Chris Costantino taught my 12-year-old daughter how to make macarons via Zoom. Chris’ were picture-perfect and ours...well, not so much. Melanie Marmion shares, “I would say I’m coping with the stress by being more in touch with my extended family and friends who are scattered across the states. We’ve done Zoom birthday parties together and figured out how to play virtual card games. Prior to COVID-19 much of my favorite socializing involved live music. With that outlet off the table, we’ve adjusted. Every weekend my friends pick a live concert that we can all watch on YouTube and we have a Zoom virtual dance party. It’s been nice to connect with friends and family in ways that we never did before COVID-19.” Hilary Newcomb says, “Basically there’s no such thing as over-communicating lately. People desire that connection, feedback and it’s necessary for our cases to stay on task and for us to be coordinated and productive.” Paul Gilles reiterates that point, “Most important for us/me, is to be visible and available for folks. Let them know what we’re doing, be open about our struggles and wins. Everyone is anxious, so this transparency (even if only so that they can plan) is very important.” 21
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Hobby Anyone? There is an unrealistic expectation that one should be massively productive with this time in quarantine, learning a new language, knitting your own safety masks from your organic silk worms, and/or solving world peace. But do we really need added pressure to perform right now? As one person told me, “My new skill is finding a place to hide my potato chips from my kids.” Some people have enjoyed this time to read those novels stacked by their bed, but give me television like “Tiger King,” because - say what you want about it - I did not think about COVID-19 once the entire time I was watching that train wreck. Never have lawns and gardens been so well-tended. Never have dogs been more walked. Marie Kondo now makes her organizing process look like a cakewalk, compared to how quarantined over-achievers have taken to their homes. Laura Nelson suggests virtual wine tasting (www.ardenpdx.com/virtual-wine-tastings) and acrylic paintings of pets. How about shopping, that age-old-hobby? Ginger Skinner reports, “There are three new Porsches in my neighborhood. I think people are spending money to have a sense of control.” Valerie Sasaki cut her own hair, and was so excited about her success that you would have thought she had won the lottery. Both Ginger Skinner and Joe Willis recommended the same bird feeder - that crazy one that spins squirrels right off of it. That’s what passes for entertainment in this day. Not to be outdone, Lane Shetterly reports, “I’ve come to look forward to weeding on Saturdays.” And there’s a lot of truth in this: take joy in small things. But it is good that Lane is outside stretching his legs, when Francine Shetterly is baking and cooking more, to which Lane states, “I heartily endorse.” Indeed, my own 12-year old daughter, beyond bored, recently cooked a four-course meal for me and my husband, which I also “heartily endorsed.” Cooking is a very popular stress-relieving hobby. Bonnie Richardson shares, “It’s actually therapeutic to me and reminds me of the time before kids when I used to cook all kinds of wonderful meals from scratch and on a super budget, feeding all of my law school friends who were my family back then.” Rosemary Colliver is also cooking more: “Super fun to spark up the BBQ for lunch and grill some brats!” And Hilary Newcomb is seizing the day when she says, “It’s fun and delicious to bake a cake every week! Sheesh, why not?” Pilar French finds her entertainment with podcasts, “I love them - you can exercise, clean the house, cook, garden, and listen to some great free entertainment. My favorite is Business Wars: the rise of Patagonia and The North Face and every single season of American Scandals - lots of white collar crime and governmental corruption historical stories.” Carl Bjerre is another podcast fan who says, “Walks are great, especially with the wonderful toasty Spring weather that arrived recently, and especially with podcasts or a piano piece.” Anne Steiner listens to music with her children, taking the opportunity to teach them about The Beatles, Led Zeppelin, Rolling Stones, and other eras and genres of music, like Motown. 22
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“I try to do things that make me laugh, like watching videos or TV shows,” Holly Somers says (another Peloton devotee, but more about Peloton later). Check out SGN (Some Good News) with actor John Krasinski on YouTube, for something that will make you smile - although it might also make you cry. It is heartwarming. Steve Kantor, ever the humanitarian, wants to know how he can help others during this crisis, because he “can’t sew,” so aside from making face masks, what are the options? And while this is certainly admirable, it’s also important to take a step back from such pressures and take a time out. However, always the social creature that he is, Steve has also enjoyed lunches in his neighborhood cul-de-sac, with everyone at an appropriate distance, but also enjoying each other’s company. Eric Wieland is another attorney who has found that assisting others helps to reduce his stress: “Being of service to other people gives you a sense of meaning and purpose, and that service can look different for everybody.” And maybe it’s not picking up a new hobby, but dusting off an old one that helps with stress. The Honorable Stacie F. Beckerman reports, “I have returned to playing the piano after 30 years, finding music to be my most effective stress reliever right now.” Parna Mehrbani’s hobbies include a combination of activities and rest: “I’m baking, finally learning how to use my sewing machine, knitting, planning knitting projects, just sitting, spending time with my plants, maybe over-watering them? Reading, cleaning, breathing. I have nowhere to go, which I feel like is a place I’ve been looking for, for a long time.” My favorite story about a hobby was shared by Joe Willis: “Someone suggested doing puzzles. Our family always had one spilled out on a dedicated card table for family gatherings. It would generally be completed with the help of the many gathered. [My wife,] Judy and I tried it. Finished one over more than a week. Next was harder and took longer. In part because there were three missing pieces. One was at a crucial point for finding others. I spent several frustrating hours and gave up. We finally laid all the pieces to discover three missing pieces. I accused the little terriers of eating them but they gave their cutest looks of innocence. Who knows? My take on all this: Puzzles are not relaxing.” Get on the Move (Just Do It) or Relax (Don’t Do It). You can go one of two ways: (1) Look at this extra time I have, now that I don’t commute, brush my teeth or hair, or care what I wear? I’m going to exercise like crazy. Or the second option is (2) We are all doomed, so I better take this entire bag of chocolate chips, make a bunch of gooey cookies, and eat them all in one sitting, because I haven’t worn anything with a waistband for a month and I’m in denial about the consequences of what I eat. Never before have we had access to more free online exercise classes. And there’s a valid reason Peloton’s stock has increased - people love it, like it’s an elixir. “People are exercising in my neighborhood like their life depends on it,” says Ginger Skinner. Bob Banks, (yet another Peloton devotee, by the way) takes a drive with his other bike to unpopulated country roads to ride outside Vernonia, Mountaindale and North Plains. Sara Butcher walks to and from work, both to avoid public transportation and for her mood, saying, “It is very helpful in dealing with stress and just being outside helps elevate my mood.” 23
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Julie Engbloom is an inspiration for multi-tasking, when she shares, “Now I’m lunging around the house with leg weights on, doing bicep curls at my desk, and riding my stationary bike most days. It is so much easier to fit it in when there’s no commute and everything else that goes with getting oneself to and from the office every day.” Robert Koury has focused some energy on exercise, “I have been trying to increase my step count every day/week (with mixed success). I have a good friend who is doing the same thing and some evenings I drive to his house and we walk his neighborhood (on opposite sides of the street) and catch up. He has taken this walking thing to a whole new level even hitting over 26.2 miles of walking in one day.” Although, maybe the emphasis on exercise right now should be exercising for our mental health, more than for our physical health. It’s not a competition. This is a massive stress test in our lives, and there is no grade on your exercise plans. We each need to do what we can to get through, so whichever path you choose, just try for some moderation. But let me submit another idea: Moving doesn’t necessarily have to be physical. Move out of your comfort zone. If you move in the same way, all of the time, physically or mentally, that can create a rut where you are not growing. Author Heidi K. Brown is an associate professor of law and director of legal writing at Brooklyn Law School. She is the author of The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy (ABA 2017) and Untangling Fear in Lawyering: A Four-Step Journey Toward Powerful Advocacy (ABA 2019). Brown wrote an article for the April/May 2020 ABA Journal titled, How to Cross-Train for Peak Lawyering. Brown discusses how athletes use cross-training to become better athletes, and lawyers should do the same. “Real athletes and performers - and their employers and coaches attend to numerous other facets affecting individual performance. These drivers include emotions such as fear, anxiety and self-doubt; challenges like ego or temper; the realistic need for rest and recovery; the ability to process feedback and critique; and the capacity to rebound from losses and mistakes.” “We can challenge and inspire each other to attend to multiple well-being dimensions on a daily, or at least weekly basis. We can carve five minutes, 15 minutes, maybe even 30 minutes out of our billable calendars each week to: •
Acknowledge a work task we find satisfying and enjoyable.
•
Give thought to one financial goal.
•
Check in with our emotions.
•
Think about moving our physical bodies in a different way or at a different time.
•
Try one healthy(ier) food or drink option.
•
Learn one new thing.
•
Ponder our purpose.
•
Connect with someone familiar or new.
•
Check out something cultural.
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•
Do something artistic.
•
Rest and recover like athletes and performers do.
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*** This endeavor does not have to be expensive or time-consuming. It does have to be deliberate, intentional and inclusive.” So many options, and you now have the time to try one or more. Namaste Ohhhhhhhmmmmmmmmmm (Get it….Nama Stay Home….<groan>) Tied with walking the dog, meditation/mindfulness was the most popular tip I heard from attorneys for a tool that helped with the stress of the times. Although, one could easily argue that walking your dog is indeed a type of meditation, in and of itself, so maybe that’s why they were so close. And before I leave the topic of pets, how many people have new puppies right now? Tim Resch’s justification for that adorable new puppy was, “When would we all be at home to train a puppy?” Kali Jensen calls those animals, “Pandemic puppies.” Tanya Durkee Urbach shares her experience with meditation, “I have found such joy and contentment from sitting in gratitude for this moment right here right now. And, knowing I have had 10 minutes of silence helps me face what I need to do.” Lawyer/coach Jill Long offers this easy meditation called, “Three Breaths.” 1. “Take a first deep breath in. As you exhale acknowledge what’s happening for you name it in your mind (I’m anxious, I’m scared, I’m overwhelmed, etc...). 2. Take a second deep breath in. As you exhale really land in your body - focus on feeling the weight of your feet on the floor or if sitting, weight of your seat in the chair, let your arms hang at your side and feel the weight of gravity as they hang. 3. Take a third deep breath in. As you exhale, turn your attention to what’s next (the next thing in your day: a meeting, making dinner, not yelling at your kids, etc.) and focus on how you want to show up. It can be helpful to evoke a quality in your mind, like calm, loving, compassionate, etc.” Jill also uses a daily gratitude journal, as a form of meditation and stress relief. Daniela Holgate suggests a midday yoga break in your backyard, or meditating in front of an open window. Take a Time Out It is entirely okay to not click on the news as soon as you wake up. Could it be possible that checking that continuous count of people dying from COVID-19 might not be the very best option for starting your day? But as lawyers, we crave information and knowledge, and have an expectation that press briefings should help us to better understand what is occurring. We want instructions. We want knowledge. We want to know why Congress cannot take charge, or why PPE’s are so difficult to obtain. But satisfying answers often are not provided (don’t even get me started on bleach), so taking a step back might be just what we need. Denise Gorrell, with two small children, gives herself a break by hitting that glorious snooze button on the alarm, because she can afford to take those few extra minutes, with the flexibility of working remotely. 25
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Bob Banks says, “One thing not to do: look at your retirement account every day!” Administrative Law Judge Holly Somers says she limits the amount of news she reads or watches to one hour per day. And it is too easy to get sucked into the news, due to our very nature as lawyers, compelled to gain information, isn’t it? Sonia Montalbano shares how unplugging helps her, “I completely unplug for at least half a day on the weekends, always at the end of the day. No phone, no computer, no TV. That brings my stress level down significantly. It’s hard to do because we feel so isolated. However, the first time I did that I woke up the next morning feeling better than I had after a one-week vacation.” Think about the fact that while we are quarantined and isolated and reaching out through technology to connect, technology can also be a large psychic drain, so taking a break from it can actually reduce stress. Jan Friedman shares, “Do the best you can with work and clients - then allow away time even if it’s not physically away. Remember that we are resilient, we can change, we have this opportunity to do so - to go through the portal.” Kali Jensen sums it up perfectly: “Be forgiving with yourself, especially when you see others who have more free time now. Don’t expect yourself to learn new skills or accomplish incredible feats during this time. Many of us are working harder now than we were before, and we need to remember what a great contribution that is, and that we will come out of this better lawyers than we were before. If you have the time to develop new skills or do cool new stuff, that’s great - but it’s not expected. Taking care of yourself is expected. Treat yourself like you’re someone you are responsible for taking care of.” Structure or Free-Flow? Each of us had a routine for our workdays. Often those routines varied somewhat, but getting to the office at a certain time, pouring that cup of coffee, saying hello to your colleagues - there’s a certain rhythm and pace that kept the beat of your day. With working remotely, does your day have that same type of structure, or is it more like a jazz scat routine where the rhythm is a challenge to follow? Do you ever get to the afternoon and think, “Hmmmm...maybe I should make some effort and brush my teeth today?” (That can’t be only me.) Nellie Barnard has found that structure is important to her, and her young children: “My daughter comes and gets me at 5 p.m. every day and I am ‘off the clock’ until my kids go to bed. This and similar daily rituals are very grounding for us. We also read a book as a family in the morning after breakfast and my three-year-old walks me to work in the morning down the hallway.” “Productivity Coach Heather Decker, JD, says, “My main coaching advice is to reduce expectations of ourselves and others. Identify your most important task to complete each day and get that done. Prioritize remaining tasks, and if you can complete a couple more tasks each day, bravo!” Laura Nelson suggests you change your work location to break up the monotony. She moves throughout her house during the day, from the kitchen table, to the basement, and then to the office in her attic. I can see how this would be helpful, because at our “normal” offices, one can take a break by walking down the hall and talking to a colleague, so take a break and move around. 26
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The Honorable Stacie F. Beckerman takes her laptop outside to enjoy the sunshine while she works. A little Vitamin D is always a good thing. Chris Ray is a fan of structure: “Converting office routine and organizational mechanics were a definite adjustment, but keeping a schedule is key. I can start work sooner than having to drive in, but need additional time at lunch to take Bear (miniature Australian shepherd) on a walk away from everyone. For me, adding structure and calm to the chaos is helpful.” “Take it one step and one day at a time. Go slow and take breaks,” says Heather Decker. Because it is not just as simple as just taking care of ourselves, is it? As Judge Katherine Tennyson , Ret., explains, “This is not just happening to us, it is happening to the law firms, the employees, the clients who are in paralyzing positions, and everyone. This is trauma and can feel like an unrelenting sadness.” Accordingly, experiencing substantial stress is to be expected. But with our take-charge lawyer genetics, we do have some control and we do have some choices. Conclusion We are all in the same ocean paddling as fast as we can, but we are just in different boats right now. Some law practices are busy and thriving now, and some are making difficult financial choices. When I asked one friend how she was doing, she responded, “I vacillate between coping remarkably and failing miserably.” Another responded, “I have been on a roller coaster...some good days; some bad days.” And yet another said, “But in an honest moment I would say that like other tragedy-like periods in my life, my personal go-to mode is to lean in and plow through it with action (being called to the moment), and in the process I don’t really take good care of myself. The signs are all over the place, but my brain instinctively works that way. The intentional piece is real - the will is what I am fighting now.” And it’s not just our stress, but stress for our families: “It’s been a process to digest, this entire process so far, and I cried when they announced school was closed for the year.” Yet another attorney reported there can be moments of peace, “but then my little energy of flame goes out and I am back to barely keeping my head above water.” Another attorney said, “It has been like watching a tidal wave come in to shore and now being tossed about as the wave hits the shore, waiting to resurface to catch my breath.” And the stress is not just for what we are enduring now, but what is to come. Another friend shared, “Right now, I am stressed about going back to the office before there are effective treatments or a vaccine.” Can’t we all identify with these statements - some days, or some moments, seem fine, or even if they are not, we take action and plow through? That’s what problem-solving lawyers do, right? But then I walk outside and see two strangers walking, tear up with anxiety, and I want to flee, not knowing if they are carriers or not. That’s not healthy, right? But we don’t have control right now and the truth is, we never did. Keep talking to others. Keep connecting in your own way. Keep trying. It’s okay to ask for help, particularly when we are all missing or grieving something. Strive for progress, not perfection - and we will be together soon. This article will also be published in the June Multnomah Bar Association newsletter. 27
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double hearsay: Barry Brandenburg found this gem of a home video from 1994. This is a young Bennett Brandenburg sitting at his dad’s desk interviewing his parents about their car accident. Bennett now works with his dad, Barry, and that is now his desk at their office.
Steve Thayer is getting that all important quarantine makeover from granddaughter Story (daughter of Jacy Thayer).
Your intrepid Double Hearsay reporter spotted Mark Sampath supporting Black Lives Matter last week in East Vancouver. Your reporter was delighted to see Mark, but was surprised to see him in jeans!
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Amber Rush and Eli Marchbanks became chicken parents during quarantine! Welcome to their little coop full of silkies!
Bryce Sinner was surprised at Landerholm (pre-COVID) by a Brett Michaels look-alike singing telegram. Happy Birthday Bryce!
Courtney Himes and husband were spotted shopping at Costco in their new quarantine fashion. The couple that masks together stays healthy and together!
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He a r s a y P r ofi l e R o g e r P r ie s t Home: Asheville, North Carolina Age: 39 years, 2 months, 2 days, 1 hour, 29 minutes Profession: Criminal Defense Attorney Hobbies: Attending concerts and music festivals (recently attended favorites were Tool, Radiohead, Soulwax, Justice, Depeche Mode, Gorillaz, Nine Inch Nails, Eric Prydz, Beyoncé, Polo and Pan, Parcels) Last Book Read: Leviathan Wakes Legal Philosophy: Being accessible to clients is more important than anything Latest Accomplishment: Mowing the yard just before getting a sternly-worded letter from the HOA board (on which I sit) Why I Do What I Do: The modeling industry is a real stickler for requiring good looks Beverage of Choice: Vieux Carré
Clark County Bar Association Clark County Bar Association Board Meeting Minutes May 6, 2020 Minutes for the CCBA Board of Trustees Meeting May 6, 2020 Virtual Meeting Via Zoom Called to order 12:09 Spratt, Larson, Emrich, Jacobs, Phelan, Gasperino, Sasser (Darco present) March 25, 2020 board meeting minutes: motion to approve (Jacobs/Phelan) Approved February 2020 minutes will be reviewed next month Treasurer’s Report (Jacobs) Board reviewed reports prepared by Treasurer. Income nearly the same as this point last year. Some expenses down. Jacobs worked with Darco to project ahead. This is an opportunity for strategic planning. OLD BUSINESS 1. 2.
Lease Review/Finalization (Spratt) a.
Signed and submitted
Riverview Bank (Spratt) a.
Switch made to Riverview Bank
NEW BUSINESS
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1.
CLEs moved to Fall (Spratt)
2.
Upcoming Events (Spratt)
a.
CCBA BBQ – July 24 (could be canceled)
b.
Softball Game
c.
Annual Meeting – September 14th or 21st
d.
Golf Tournament – September 25th
e.
Bowling – October 22 (not confirmed)
f.
VLP Battle of the Bands: no date set as of today
3.
2020/2021 Board – Set nominating committee (Spratt)
a.
4.
CCBA Strategic Planning (Spratt)
a.
Opportunity for CLEs to move into virtual format. Can still hold in person CLEs when safe.
b.
Discussion regarding online content for Court changes, tech, etc. and keeping CCBA members informed during these changing times; developing a membership committee; finances; support the sections.
c.
Next steps: pursue Zoom, webinars regarding our new court practices/ tech, reaching out to family law section, and a Zoom happy hour.
Emrich, Darco, Sasser, Spratt, and Judge Fairgrieve will be the committee members
12:57 Adjourned
FI-
Representing Injured Workers on Their Washington Claims
REQUEST FOR QUALIFICATIONS 2021 PUBLIC DEFENSE CONTRACTS Clark County has issued a request for qualifications for one-year public defense
NSE
contracts. The deadline to submit applications is July 31, 2020. The RFQ and application are available at:
t for
HTTPS://WWW.CLARK.WA.GOV/COUNTY-MANAGER/
fense
INDIGENT-DEFENSE
ations
on are
MAN-
LARK.
Email: MATTHEW.KIMBALL@CLARK.WA.GOV
Law Office of Steven L. Busick
(360) 696-0228 1915 Washington Street Vancouver, WA 98660
With any questions.
Clark County Superior Court )
BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT May 12, 2020
Bench/Bar Committee Meeting for 5/12/20 Meeting called to order at 12:05. Present telephonically: Judge John Fairgrieve, Judge Derek Vanderwood, Judge Bernard Veljacic, James Smith (facilitating), Dan Lloyd, Emily Sheldrick, Sean Downs, Matt Kimball, Rachel Brooks, Jessi Anderson, Curtis Welch. Topics discussed were: -Judge Fairgrieve: The court has been pursuing options for remote hearings. Current info on emergency orders available on Clark County Superior Court and Washington Supreme Court websites. Jury trials will recommence no earlier than 7/6. Other timelines are contained in these orders. The focus and intent of these orders is to use remote hearings for the foreseeable future rather than in person appearances. Court is exploring different platforms for video and telephone conferences. There are some technical and logistical issues related to this, but there has been positive feedback for Zoom and this likely to be the choice moving forward. There remain issues with compatibility between Zoom and JAVS for recording the proceedings. Currently, only 2 courtrooms have the hardware needed for criminal appearances. The court is working to bring other courtrooms online. Court staff are working on training and technical issues in coordination with District Court staff. The court is beginning to schedule more hearings, to include a civil docket on 5/15. This will be a telephonic docket. There will also be a telephonic family law docket on 5/15. The court recognizes the need to restart dockets to keep cases moving. Judge Vanderwood is conducting a Zoom bench trial for a family law case today. For criminal dockets, first appearances are occurring in Judge Clark’s courtroom, arraignments in G1. First appearance and arraignments have been split into two dockets due to the additional time needed for remote hearings. Change of plea dockets are occurring but there is a low demand for now. Future plans include setting up out of custody change of plea dockets, one hurdle is fingerprinting and the need for social distancing. This remains a work in progress. For in custody hearings, transport within the jail remains an issue due to jail staffing during extended video hearings. Earlier indications are this may not be feasible for jail staff. The court will reach out to prosecuting attorney, jail, and defense bar to see what is realistic for criminal hearings. Judge Collier is on a work committee with the Washington Supreme Court for jury trial recommendations. A report is expected in the next 30 days or so. Judge Collier is open to input from attorneys on this issue. Federal COVID response grant funds may be available to use for court operations, the court is exploring this option. These funds cannot be used to supplant existing operations. Judge Fairgrieve will present a brief CLE this week on the current local and Supreme Court emergency orders and other current procedures in use locally and possible future changes as well. -Emily Sheldrick: Proposes a CLE from the court on how to use Zoom for bench trials and other hearings. Regarding COVID grant funds, the auditor’s office has a process for departments to propose expenditures. She will reach out to CCBA regarding a Zoom usage CLE. James Smith: Criminal arraignments, sentencings, and other non-evidentiary hearings work using remote platforms but take much longer. Coordination between the parties and the court is essential to making this process work smoothly.
-Judge Vanderwood: The local emergency order includes provisions for civil dockets, these will be primarily via remote appearance. Civil dockets and hearings are being scheduled by assigned departments. The court is working through issues related to Zoom/telephonic bench trials. Judge Lewis conducted one, he currently has one ongoing today in family law and it is going well thus far. Remote bench trials assume both parties are willing to participate in the process. He is not requiring a remote trial if the parties do not agree or cannot appear remotely. He is using a scheduling order with identification of witness lists and exhibit lists along with how the witnesses and/or exhibits will be presented. Exhibits must be provided in advance. The clerk is retaining hardcopy of original exhibits, copies must be exchanged in advance. Voluminous exhibits or extensive arguments over exhibits may be difficult to address, has not encountered this yet personally. There are also issues related to exhibits not being provided between parties or provided late. The process is functional though and will likely be improved going forward. Judge Vanderwood is very willing to participate in a CLE on Zoom trials. -Judge Veljacic: Held a civil docket last week using WebEx. The longer matters were split off separately, as the hearings inevitably take much more time when conducted remotely. As a result, the court can handle fewer matters on a given docket. He is participating in teleconferences with other judges and workgroups around the state to use Zoom and other new processes. Many matters may be resolved without oral argument and decided on the pleadings, similar to federal practice. It is likely this will be used more in the future to reduce the number of docket items. It is hoped that Zoom will be a more efficient platform. Judge Veljacic is also very willing to assist with a CLE on remote appearances. -Dan Lloyd: Inquired about cases currently in mandatory arbitration and the new higher ceiling for mandatory arbitration. Will these be held remotely or should the parties wait until later? Judge Vanderwood replied that if the parties believe remote participation or strict social distancing is viable for the matter, arbitration could move forward. He will not require arbitration at this point if parties don’t want to proceed in that fashion. This is his position, Judge Fairgrieve and Judge Veljacic agree. Mr. Lloyd believes formal guidance from the court would be helpful. -Jessi Anderson: CCVLP’s main focus is understanding changes to the eviction docket and other new processes. The Housing Justice Project had a physical presence at the docket before and this was the main point of contact with tenants. CCVLP has met with Jessica Gurley to answer questions regarding better ways to contact the tenants prior to hearings and link them up with volunteer attorneys. Additionally, a brainstorming meeting between volunteer attorneys and high-volume landlord attorneys is being coordinated and a small housing workgroup will meet with Judge Gregerson later this month. -Sean Downs: Judge Fairgrieve was able to get some cell phones over to the jail to help communicate with attorneys prior to or during dockets. It is still very difficult to communicate with clients during hearings. Per Judge Fairgrieve, up to 10 short criminal matters can be on the first appearance docket Tuesday-Friday. The limited number is due to concerns about how long hearings take via phone. Inquires about out of custody change of pleas for cases that do not require fingerprinting, i.e. most misdemeanors? Judge Fairgrieve replies that he was unaware of this being requested previously, but this seems workable if there is no need for prints. The court is willing to consider new technologies to facilitate fingerprinting, such as digital scanners, but this will require further discussion and consideration. Judge Veljacic notes that he has a special set plea for late May or early June for an out of custody case where fingerprints are not required. He agrees that fingerprinting is a significant obstacle to out of custody pleas. Following the discussion above, the meeting adjourned at 12:55 approximately. Respectfully submitted, James Smith
Clark County Bar Association 2019/2020 OFFICERS & TRUSTEES
Paige Spratt, President, Telephone: (360) 905-1433 Email: pspratt@schwabe.com
Christie Emrich, Vice President, Telephone: (360) 906-0211 Email: cemrich@barrarlaw.com
Le Ann Larson, Secretary Telephone: (564) 397-2265 Email: leann.larson@clark.wa.gov
Jesse Jacobs, Treasurer Telephone: (360) 695-1624 Email: jesse@nwinjurylawcenter.com
Jack Green, Trustee Telephone: (360) 694-8718 Email: jack@greenandritchie.com
Christina Phelan, Trustee Telephone: (360) 750-8750 Email: christina@phelanlawoffice.com
Dan Gasperino, Trustee Telephone: (564) 397-2261 Email: dan.gasperino@clark.wa.gov
Jill Sasser, Immediate Past President Telephone: (360) 816-2534 Email: jill.sasser@landerholm.com
Lisa Darco, Executive Director Telephone: (360) 695-5975 Email: ccbamanager@ccbawashington.org
Mariah Mantzke, Administrative Assistant Telephone: (360) 695-5975 Email: ccbaservices@ccbawashington.org