Hearsay December 2020

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

December 2020

February 2020 2019 December

THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

Happy Holidays from the CCBA!

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.

HEARSAY MAGAZINE | DECEMBER 2020

December Hearsay Contributors

Dan Gasperino Clark County Prosecuting Attorney’s Office

Christina Phelan Phelan Law Office

Dan is the Sr. DPA Drug Unit Team Leader at the Clark County Prosecutors office. He is currently serving as a trustee for the CCBA.

As an associate at Phelan Law Office, Christina focuses on Criminal Defense and Juvenile Law. Christina is also a dedicated member to both the Hearsay and Social Committees of the CCBA.

Roger

Jill

Priest

Sasser

VanWa Legal PLLC

Landerholm, P.S.

Roger Priest is an attorney at VanWA Legal PLLC handling criminal defense and personal injury law.

Jill Sasser’s practice emphasizes estate planning, trust and estate administration, probate, and guardianships.

CC BA

CCBA CLE

YEAR END ETHICS DECEMBER 15, 2020 1:00 PM - 4:30 PM VIA ZOOM 3 Ethics Credits CCBA Members: $60.00 Non Members: $75.00 Non Attorneys: $30.00

The Ye a r i n Re tr osp ect a n d Wh a t Li e s A h ea d - W a s h in g to n S ta te Sup re me Co ur t C h ie f Ju st i c e De b r a L . Ste p h en s J u di ci a l P a ne l : E th ica l I s s ues i n t he Ag e o f C OV I D - Wa s h in g ton St at e Co urt of A pp e als J u dg e Ric h Me l n ic k, C l a r k C o u nt y S up e r io r C o urt J udg e B e rn ard Ve l j ac i c , C la r k C o un t y D i st r ic t C o ur t J u d g e Kris t e n Pa rc h er Et h ics I ss u e s a n d C on f li c t s o f I n te re s t A n a l y s es i n t h e S ma l l L e ga l Co mm u ni ty - WS B A P ro f e s si o na l Re sp o n sib i li ty C o u ns el Je a n n e Ma rie C la v e re

Chief Justice Debra Stephens

Hon. Kristen Parcher

Hon. Rich Melnick

Hon Bernard Veljacic

Jeanne Marie Clavere

HEARSAY MAGAZINE | DECEMBER 2020

Lawyer BFFs page 1o

Movie Review: Compulsion (1959) page 14

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HEARSAY MAGAZINE | DECEMBER 2020

Court Tips from your Superior Court Judicial Assistants page 18

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President’s message by: Christie Emrich

Dear Members, The finish line is near. Can you remember a time when the entire world was collectively counting down to the new year? I’m pretty sure most people I know have been anticipating this moment since June. But now, 2020 is almost behind us. To say this year was unprecedented would be an understatement.

A year ago, we could not imagine 2020 would turn out the way it did. For me, it was going to be my year of travel. A Disney Cruise in February with the kids was going to be followed by an adult only May trip to Italy. I was going to sip wine and ride a Vespa through Tuscany. (Ok, I was going to drink wine and think about riding a Vespa.) My annual lake vacation in Michigan with my family in the summer was planned. A week of bratwursts, pontoon boats full of cousins, and evenings with lightening bugs awaited me. And in the fall, I had planned to spend some quality time under a Hawaiian sun celebrating a dear friend’s 40th birthday. Because that is the kind of selfess friend I was going to be in 2020. We thankfully managed to get that family trip in just weeks before the world changed. But none of my other well laid plans came to fruition and I haven’t traveled farther than Target since March.

Instead I learned to Zoom for court, for meetings, and even for Happy Hour. I’ve ridden in Birthday Parades instead of attending birthday parties. And I can now match my mask with my outfit. I can promise that none of those things were on my to do list a year ago.

So, what will 2021 bring us? Hopefully, a safer and happier year for everyone. Here at the CCBA we are looking forward to a year of reconnecting. We are going to start that by inviting everyone to join us for a cup of coffee on December 11th. Thanks to a generous contribution by the Peterson Law Firm, the CCBA will be outside the Courthouse offering free cups of java to all members. Stop by and let us treat you to a fancy latte. It will be great to see you in person, even if it is through a mask and from six feet away!

In January, we invite you to attend a thought provoking and informative CLE examining systemic racism, diversity, and inclusion here in Clark County. How can we as attorneys use our platforms to highlight areas where change is needed? How can the CCBA partner with you in creating a more diverse and inclusive community here in Clark 8

County? Erica Aquadro is our newest Trustee, and she is heading the CCBA’s newest committee. Our Membership Committee is focused on fostering a more inclusive and diverse community of attorneys. If you have ideas on how we can support historically marginalized or minority members of our bar we would love to have you join us. Please reach out to Erica at: eaquadro@gevurtzmenashe.com.

Traditionally, we host our annual Barrister’s Ball in the Spring. This year in an abundance of caution we will be moving the Bar’s most attended social event to the summer. We will still toast our winners in 2021 but we will be flexible with the timing to ensure the comfort and safety of every member. The summer weather will allow us to get creative with our theme and venue and we are looking forward to sharing more details with you in the coming months.

I hope you take time during this last month of December to enjoy your family and friends. Pat yourself on the back for having made it through a difficult year full of change, tension, and uncertainty. If you are anything like me, you promised yourself during the first lockdown that you’d take this time to learn a new language, bake sourdough bread from scratch, and finally clean out the garage. But, if you are like me, then you are now realizing that the only thing you have completed this year is Season 6 of Schitt’s Creek.

And quite frankly, that is enough.

So, best wishes and warmest regards to 2020 and I’ll see you all in the New Year! ~Christie

The kids looking forward to a New Year!

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HEARSAY MAGAZINE | DECEMBER 2020

a-MAZE-ing Corn Maze by: Christina Phelan

Lawyer BFFs by: Jill Sasser

Dear Readers: Welcome to another edition of “Lawyer BFFs,” the column that celebrates lawyer friendships. It turns out, judges have BFFs, too! This month we are featuring Judge Sonya Langsdorf and Judge Kelli Osler, both of Clark County District Court. Thank you both for participating! If you have a lawyer (or judge) BFF, please email me at jill. sasser@landerholm.com.

We would love to feature you in a future column!

How did you meet?

Judge Langsdorf: I met Judge Osler when she was on the hiring committee when I was interviewed in 1995 for a Deputy Prosecutor Position with the Clark County Prosecutor’s Office.

As most of you know, her personality is disarming; it was the most at ease I have ever felt in a job interview.

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Judge Osler: We met when Judge Langsdorf was being interviewed for a job at the Clark County Prosecutor’s Office. I was on the panel interviewing her and recalled telling my co-workers “we need to hire her as she answered all the questions the same way I would have.”

What makes you judge BFFs? Judge Osler: We have a lot of similarities. We both grew up in Seattle and moved to Vancouver to take a job at the Prosecutor’s Office. We have worked together for almost 25 years as Deputy Prosecutors, Court Commissioners and ultimately judges. We also have similar views and values on family, work, and home life.

Judge Langsdorf: We have been friends for 25 years and have a similar back ground : We both grew up in Seattle, attended Seattle public schools, attended UW for undergraduate, attended UPS for Law school, we both moved to Clark County to work for the prosecutor’s office, both were appointed District Court Commissioners and now both District Court Judges. People think we are sisters; sometimes they think we are each other. Case in point: In 1995 I was a district court prosecutor along with Katie Hart; Judge Osler was a Deputy Prosecuting attorney in Superior Court. One defense attorney in particular would always get my name wrong. One day, the attorney looked at me, smiled and said “Hi Katie”. Frustrated by continually being addressed by the wrong name I said, “Dude, I am not Katie and I am not Kelli; I am Sonya.” I felt much better knowing that I had straightened it out once and for all. The next day Kelli told me she was talking to the same attorney about a case and as he walked away he

HEARSAY MAGAZINE | DECEMBER 2020

said “Bye Sonya.” It was then that I gave up.

Kippur was unavailable on the currently scheduled court date. (:

Favorite thing about your judge BFF?

Judge Langsdorf: My favorite memories are our decade birthday celebrations: Las Vegas, Sun River, Disneyland, Scottsdale.

Judge Osler: When you first meet Judge Langsdorf she may appear private and reserved but when you get to know her you will find out that she is very funny, smart, compassionate, caring, loyal, honest, reliable and a great listener. I can’t tell you how many times over the years that she has been there to support me through good and bad times. I believe we are a good support system for each other.

Judge Langsdorf: My favorite thing about Kelli is she can laugh at herself, she makes me laugh and she is genuine - what you see is what you get.

Favorite memory with your judge BFF? Judge Osler: My verbal gaffes or talent for messing up adages is very well known.

It is rare, if ever, that you will catch Judge Langsdorf doing the same except for this one time. She was covering a docket for Judge Melnick (before he was a judge) and he had left a note on one of his files that he needed a continuance because of Yom Kippur. Judge Langsdorf (before she was a judge) boldly requested Judge Ladley to continue the case and when he asked her why she stated our witness Yom

Favorite thing to do with your judge BFF? Judge Osler: Anything but running. I’ve most enjoyed our girls’ away travel trips with Trish Mahre and Katie Hart to Sunriver, Las Vegas and Arizona. Although I can’t divulge any details of those trips let’s just say there was a lot of laughter and fun enjoyed by all of us.

Judge Langsdorf: My favorite thing to do with her is to laugh, sometime until I cry; you may be surprised how often this actually happens.

Anything else you want to share about being judge BFFs? Judge Osler: I feel so blessed to be able to call Sonya my friend for as long as I have. I can’t wait to make more memories for the next 25 years.

Judge Langsdorf: The best thing about our relationship is she “gets” me. I can be myself around her and feel completely accepted; what more can you ask of a friend?

Dear Juris Prudence

“My family is pressuring me to see them in person over the holidays, but I don’t think it is a good idea because of the pandemic. I am not sure how to stand up to them. Any ideas on how to make the holidays less depressing without being able to see extended family?”

-Feeling the Pressure Dear Feeling, Setting boundaries with your loved ones during these last 9 months is something many of us have struggled with. But as terrible as it is, you are right to be concerned about extended family gatherings during the upcoming holiday season. At the time I am writing this, there is an estimated 71% increase in daily reported Covid-19 cases in Washington State from just two weeks ago. Clark County itself is classified as “High” on the State’s Covid activity levels scale.

I know that I, personally, have a number of family members who are much more comfortable with in-person, indoor gatherings than I am. While I have not always successfully avoided succumbing 12

to this family pressure, here are a few boundaries statements I have found helpful: “I am still not comfortable hanging out in person, let’s set up a virtual visit instead” “As the numbers are increasing again, I am taking more safety precautions” “I know you want to visit and spend the holidays together, as I do it, but it is not a safe time to do so” “The Governor’s Order right now prohibits indoor gatherings with people outside your household unless we all follow specific quarantine guidelines” While it may be uncomfortable to say some of these things to your family or friends, these statements can help make sure you are not being pressured to do something you feel is unsafe or could impact you or your household members.

As for surviving the holidays without our normal family gatherings, the most important thing to remind yourself is that this is temporary. This will hopefully be the only holiday season we have to endure these limitations on gatherings. While I will miss seeing all my family this year, I am going to look on the bright side and take advantage of the time I will save by not having to run back and forth between multiple family members’ households. I am trying new recipes, creating new traditions, and enjoying a much more mellow holiday season with my immediate family.

If you aren’t totally suffering from Zoom fatigue, set up a video visit with your family members during the holidays. Maybe even play a game or two during your Zoom call (I recommend the Jackbox Party Packs or the classic game of Mafia).

This isn’t ideal for most of us, but we all need to stay safe and do our part, so that we can get through this.

We are almost there!

If you are in desperate need of advice on a particular issue that is not associated with the law, please send your question to: ccba.jurisprudence@gmail.com Your questions will be published anonymously, and you will receive world class (or at least adequate) advice in response.

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Compulsion (1959) - Crime of the Century by: Roger Priest, a roving movie review reporter

Compulsion, released in 1959, is a crime drama starring Orson Welles and Dean Stockwell that retells the famous Leopold and Loeb murders of 1924 and subsequent criminal case. Dubbed the “crime of the century” long before anyone had ever heard of OJ Simpson, Nathan Leopold and Richard Loeb were a pair of wealthy genius teenagers from the southside of Chicago who hatched a scheme to carry out the perfect crime.

Nathan Leopold was a child prodigy who completed his undergraduate studies at the University of Chicago and had been accepted to Harvard Law School by the 14

age of 19. He spoke over a dozen languages and was a renowned ornithologist (studier of birds). Richard Loeb held the distinction of being the youngest person to ever graduate from the University of Michigan at age 17. Both boys forged a friendship and soon found a shared interest in crime and the philosophy of Friedrich Nietzsche. They were particularly interested in Nietzsche’s Ubermensch (“beyond-man”) theory from his 1883 book Thus Spoke Zarathustra. A little background into this book is relevant to Loeb and Leopold’s motives for committing the crime.

In Zarathustra, Nietzsche argued that mankind’s enlightenment proved that “God is dead” (or that he had never truly existed). He argued that mankind must set new values to drive humanity forward that are not based on Abrahamic law, but instead based on a love of this world and of life. Nietzsche believed that Abrahamic law was reactionary against life and instead placed an unhealthy focus on laws that served the afterlife rather than the real world.

While Nietzsche’s philosophy was presented as a tool to help defeat the possibility of nihilism that might otherwise surge from a godless world, multiple nihilistic movements conscripted Nietzsche’s works to support their own cause.

Nazism is the most commonly known of these movements and was starting to grow popular around the time of the Leopold and Loeb murders in 1924 (Hitler had been jailed and written Mein Kampf the year before).

Like Nazism, young Leopold and Loeb had muddled the distinction between the Ubermensch theory and the nihilism it warned against. Leopold and Loeb fancied themselves amongst the “beyond-man” class of humans because of their superior intellect, so they believed they were not bound by society’s ethics or rules.

These clever yet dangerous young sociopaths laid out their plans for seven months and finally took action on May 21, 1924. Their plan was to kidnap and murder 14-year old Bobby Franks, another wealthy child from their neighborhood. In order to misdirect the police, they planned a concurrent kidnap ransom scheme. They lured Bobby Franks into a rented vehicle and killed him with a chisel before hiding his body in a culvert several miles away.

A ransom phone call and note to Bobby Franks’ parents soon followed. Before the ransom could play out, Bobby Frank’s body was discovered. After the press became interested, the story and the police investigation grew to find the evasive kidnappers and murderers.

Leopold, who was himself interested in criminology, offered to help the police and spoke regularly with reporters during the investigation. He would offer theories to the police in order to direct their investigation into directions of his choosing.

In the film as well as in real-life, Leopold and Loeb were ultimately identified as suspects when police found a pair of eyeglasses near Franks’ body that was manufactured with a unique hinge that was not widely used. A check with the manufacturer revealed that only three Chicago residents were known to possess such unique glasses. One of them was Nathan Leopold.

The boys were officially questioned and claimed to have taken the Leopold family car out to pick up girls on the day of the murder. However, they eventually confessed once the Leopold chauffeur told police that the family vehicle was under repair and inoperable that day.

Although, the film deals with the murder and investigation, it’s most sustaining merit is its courtroom scenes in the final act of the film. The master of suspense, Alfred Hitchcock, had already adapted the Leopold and Loeb murder in 1948’s Rope. That film predictably focused more on the murder itself and the subsequent attempted coverup.

Rope took far more liberties with the facts of the actual case in order to make a more compelling suspense thriller, where Compulsion plays things more straight-ahead as a pure police procedural.

Compulsion really shines once it introduces Orson Welles as the criminal defense attorney analog of Clarence Darrow (of the Scopes ) who famously defended Leopold and Loeb on the charges of murder. It is at this point that the film reveals itself as an allegory tackling the morality of capital punishment.

Orson Welles is magnetic in his portrayal of Darrow. Much of the drama revolves around the sentencing hearing where Welles argues passionately for mercy so that the boys will not be hanged. In the real sentencing hearing, Clarence Darrow made a twelve-hour15

long speech that is now considered legendary. Thankfully, the film widdles it down to a more popcorn-ready twelve minutes.

Meandering in its path towards its ultimate thesis, the film does an interesting job of highlighting both the savagery and the humanity of the boys before bringing the audience into the courtroom to learn whether Leopold and Loeb will die at the hands of the state.

Compulsion sits interestingly at a crossroads of American cinema. Released in 1959, it is one of the final films of the golden era of Hollywood. It remains rigidly obedient to the moral code and stylistic formula that dominated American cinema throughout the 40s and 50s. However, two films would be released in 1960 that would drastically change the course of filmmaking and end the golden age. Jean Luc Goddard’s A Bout de Souffle (Breathless) would challenge narrative structures and filmmaking techniques that were deeply ingrained in films like Compulsion. Likewise, Alfred Hitchcock’s Psycho would soon spark the initial kindling of the rising antihero movement in cinema. In Psycho, Hitchcock would play with the murderer archetype and introduce elements of making him the protagonist, perverting the audience’s desires.

With the power of hindsight, Compulsion is an interesting study of the waning days of the old guard in Hollywood, as it handles crime and punishment with a more traditional take. It also paints around the edges of the underlying romantic relationship between Leopold and Loeb. Rather than address it head on, the film plays up their friendship as a strange obsession with each other more akin to their antisocial tendencies rather than a romantic attraction. But, this was all commonplace under the moral code that dominated Hollywood at the time.

Like so many wonderful films of the golden age of Hollywood, Compulsion is interesting both for what it achieved and the constraints that it pandered to from political influences.

It is far from a perfect film, but it showcases one of the truly great actors in Welles and also highlights the early career of Dean Stockwell who would go on to be one of David Lynch’s favorite actors in the 80s (as well as co-star in the sci-fi series Quantum Leap).

Many of its other cast members weigh the film down with needless melodrama that was popular at the time, but the film ultimately overcomes much of its foibles thanks to these powerful performances, as well as compelling source material and great set design. Whether you love old cinema or just love a good crime story, this one is worth your time as both a slice of the time and some aspects of timeless storytelling.

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Washington Womens Lawyers The Clark County/St. Helens chapter of Washington Women Lawyers will be holding spring CLEs on Equity on Monday, March 1st at noon and on Mental Health and Wellness on Monday, May 3rd at noon. We will also hold planning meetings on Monday, January 11th and Monday, February 1st, also at noon. All meetings are held virtually at this time.

Inns of Court The George and Donald Simpson Inns of Court enjoyed a hilarious skit presentation on Zoom ethics from Judge Parcher and Commissioner George’s group in October and an excellent wellness presentation from Judge Melnick and Commissioner Ellis’s group in November. We will not be meeting in December. On January 20th, our Inns chapter will serve as a co-host for the Clark County Prosecuting Attorney’s Office Action Reform Committee’s Diversity Forum. Our remaining 2021 meetings will be held at 5:30pm on February 17, March 17, and April 21. At this time, all meetings are being held via Zoom. If you are interested in joining, please email jill.sasser@landerholm.com

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HEARSAY MAGAZINE | DECEMBER 2020

Court Tips from your Superior Court Judicial Assistants

By Dan Gasperino

For those of us practicing in Superior Court, we all know (or should know) that if there is one group of individuals you want to keep on your good side it’s the Judicial Assistants, or JAs for short. Each Superior Court Judge has their own JA assigned for each Department.

As we know, each Judge can have their own preferences and it’s always smart to be aware of those. During this time of Emergency Orders, Zoom, and increased electronic transmission of pleadings, we on the Hearsay crew felt it would be a good idea to see if we could obtain some helpful tips for our reading members.

LeeAnn Kunze with Judge Veljacic in Department 5: The main thing that comes to my mind is do not send us electronic copies of all your pleadings on an upcoming motion when there is enough time to deliver them by courier and/or regular mail. I typically will not print anything that’s over 20 total pages. Judge Veljacic is one that does prefer hard working copies.

Do email a proposed order for an upcoming motion, or hard copy when delivering the working copies. Do not e-file orders and expect that they will be signed by the Judge.

Those are filed as “proposed” orders.

The Clerk will not present them for signature.

Reminder that the Zoom link for all dockets is on the Superior Court webpage (https://clark.wa.gov/ superior-court/zoom-information).

Please do not email the JA for the link; it’s not easy for us to forward since we did not create them. JA’s are only creating Zoom hearings for special sets. And definitely mute your audio while on the Zoom hearing, until your case is being heard.

Lastly, it’s not necessary to leave a voicemail AND an email. One or the other is sufficient, preferably an email.

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HEARSAY MAGAZINE | DECEMBER 2020

Rhonda Stockman with Judge Gregerson in Department 2: Please don’t e-mail us during the docket attempting to get the Zoom invite (Lots of times there is another e-mail below the one they have just sent us saying they had accepted it).

We are extremely busy during these dockets, running multiple programs. Please make sure you have it the day before if possible.

Yes, we need the bench copies and proposed order before the day of the hearing. We have people sending them to us minutes before the docket starts and we are trying to get the docket started.

Dress appropriately on your upper half at least.

There are some attorneys in PJs and sweatshirts.

These are actual court hearings.

Donelle Wade with Judge Fairgrieve in Department 6: I only speak for myself in that I don’t want e-mailed courtesy copies. If they are filed timely there is time to put them in the mail or have them run over by a courier. My email inbox is overflowing on most days and if I’m on a criminal docket or otherwise unavailable it’s difficult for me to track/open e-mails, print all the attachments, and get them sorted/stapled.

I would like all courtesy copies to be file stamped to ensure that I’m giving the Judge materials that have been FILED. Either a cover letter setting forth the date/time of the hearing, or have it written in the upper right corner so that I can get them into the proper stack for their respective hearing or docket. This way I don’t have to look it up, which causes additional work and delay in getting it to the Judge for review.

An example of what this practice helps to avoid: We had a special set hearing the other day, set at the last minute, where counsel indicated at the time of hearing that materials had been e-mailed to me. At that point, the Judge had to step down from the bench, I had to sort through the e-mails and print what I’d missed and the Judge had to read (during the time set for hearing) all the materials that I’d missed, resulting in what should have been a 15 minute hearing turning into an hour.

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HEARSAY MAGAZINE | DECEMBER 2020

If you consider how much things have changed due to the COVID-19 Pandemic and the responsibilities now placed on the JA’s shoulders we are receiving a much larger number of e-mails from every direction, deputy prosecutors, civil case attorneys, defense counsel, probate attorneys. Suffice to say it’s a lot of e-mails and if things are filed timely there is time for hard copies to make their way to the Judge. *Not to say that ON OCCASION I’m not willing to print a small e-mail attachment/ courtesy copy if there is a timely last minute filing so long as it shows the FILED stamp and indication that all parties have been cc’d with the same materials.

There is a drop box directly outside of chambers next to the security buzzer which I get faster than I do materials left in Court Administration.

Please do not include courtesy copies in with originals going to the Clerk’s office as I don’t pick up from the Clerk’s office as frequently as I do Court Administration/or the Department 6 drop box. Nor am I guaranteed that the copies will be put in our box.

Again, I only speak for Dept. 6 Jennifer Wolfe with Judge Vanderwood in Department 3: Judge Vanderwood accepts courtesy copies e-mailed (to me, and I print and forward them to Judge Vanderwood) or hard copy delivered to the annex or Court Administration.

Unattributed general tip: For attorneys who are doing a trial by Zoom, please do not staple the hard copy exhibits sent to the court. Some departments scan the exhibits, and this delays the process if staff is having to remove all of the staples before scanning.

Conclusion: It’s a great idea to contact the JA for the assigned Department on any hearing you have, AHEAD OF TIME, to get them courtesy copies in the format they prefer and to ask them any further questions you may have. We are all busier these days trying to keep up with the ever-changing emergency orders and corresponding court policies, but remember, so are they!

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HEARSAY MAGAZINE | DECEMBER 2020

Clark County Superior Court is accepting NEW applications for the following separate Pro Tempore lists: 1.

2.

3.

4.

5.

Juvenile Criminal calendars Domestic Relations calendars Truancy/CHINS/ARY calendars Guardianship/Probate calendars Dependency calendars

All applications must include: 1. A resume, which outlines the applicant’s professional knowledge, skills, years of experience, training/ certifications, professional affiliations and references.

2. A cover letter, which specifies which opportunities for which the applicant is applying.

The letter must indicate; • the number of years of experience in the area of family law and/or juvenile law; and • number of years experience and proficiency using Liberty and/or other case management software; and • the applicant’s ability to accept assignments on short notice.

3. Proof of Washington State Bar Association membership.

4. A signed release allowing the Washington State Bar Association to disclose complaint and resolution information to the Court Administrator. (A link to the disclosure form is on Superior Court website and also available by contacting Tia Testerman at 564-397-2150 or tia.testerman@clark.wa.gov) All applications must be postmarked by Friday, December 18, 2020 and addressed to: Clark County Superior Court Attn: Jessica Gurley, Court Administrator PO Box 5000 Vancouver, WA 98666-5000 The names of the applicants and application documents are not confidential. Input will be solicited from the Clark County Bar Association, specialty Bar groups and the public. If you have any questions concerning the application process, please contact Jessica Gurley at 564397-4266.

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HEADER (CHANGE ON MASTER B)

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Sip Sip Hooray!

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Masks required and social distancing enforced

Volunteer of the Month November 2020 Amber Rush Have you seen Amber Rush around town? More than likely.

Whether she's managing the super cool law firm Navigate, fiercely advocating for a family law client in court, volunteering in a legal clinic, or just straight up running around - this energizer bunny can't be missed.

After graduating cum laude from Gonzaga School of Law, Amber instantly made a name for herself in the family law community in Clark County. We were lucky enough to snatch her up as a volunteer early on in her career. Since we started logging hours for her in 2017, Amber has provided over 60 hours of free family law advice.

For the last 2 years, Amber has committed to hosting a monthly family law clinic for the CCVLP. Her passion and love for guiding family law clients, is what we love most about her.

Whether pro-se or not, she truly gives each and every client she meets with her full attention. If she can't represent a client, she will give them a solid game plan for what they should do moving forward. When she's not putting in volunteer hours with us, she is volunteering at one of the many free advice clinics around town that she has helped to establish. For these reasons and SO many more, we honor Amber as our November 2020 Volunteer of the Month.

November 2020 Volunteers: Law firms: Caron, Colven, Robison, & Shafton: Benjamin Moody Etengoff Pak Law Group: Nick Alexander Gevurtz Menache: Erica Aquadro Landerholm: Jill Sasser McKean Smith: Laura Mancuso Navigate: Chelsie Elliott, Tanya Green, & Amber Rush Northwest Justice Project: Jennifer Hill-Hart & Jeff Keddie Stahancyk, Kent, & Hook: James Wriston

Solo Practioners/In-house counsel: Louis Byrd Brandon Campbell Ed Dawson Robin Krane Sherri Farr Scott Matthews Jeff Peterson Mercedes Riggs Allison Widney

The Law Library has free access to Westlaw, LexisNexis, and NOLO for you to use remotely.

(NOLO is currently accessible through the end of 2020 and access in 2021 is still uncertain) Go to the Law Library home page: https://clark.wa.gov/lawlibrary and use the links to sign up. Each vendor has their own rules for use.

.

And as always, please email us at lawlibrary@clark.wa.gov if we can provide any reference help to you during our physical closure. We are still working remotely, are happy to answer questions, and I come in once a week and can scan any physical materials you may need, subject to copyright limitations.

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HEARSAY MAGAZINE | DECEMBER 2020

CCBA

Commissioner

Evaluation

Poll

We are happy to share with you the bar poll results for the Clark County Commissioner position, below. We wish the best of luck to all the candidates!

Superior Court Commissioner Poll 1. Legal Ability: Answer Options

Exceptionally well qualified

Well qualified

Qualified

Not qualified

Insufficient information

Response Count

Louis Byrd, Jr. Colin Hayes Jeffrey Keddie Therese Lavallee Nancy Retsinas Jill Sasser Katie Sinclair Kasey Vu

10 18 21 43 80 96 23 39

34 27 29 47 53 62 38 50

66 47 27 46 29 19 45 49

46 14 6 5 1 3 19 11

39 89 112 54 32 15 70 46

195 195 195 195 195 195 195 195

Well qualified

Qualified

Not qualified

23 25 23 46 45 45 45 45

53 40 26 38 24 15 29 42

66 16 5 4 7 3 6 11

Well qualified

Qualified

Not qualified

31 25 22 49 50 44 43 42

62 41 23 31 25 16 26 41

43 12 6 5 5 2 5 11

Well Qualified

Qualified

Not Qualified

35 24 22 50 44 57 35 41

72 50 31 42 23 28 44 51

24 19 8 10 3 7 22 18

answered question

195

2. Temperament Answer Options Louis Byrd, Jr. Colin Hayes Jeffrey Keddie Therese Lavallee Nancy Retsinas Jill Sasser Katie Sinclair Kasey Vu

Exceptionally well qualified 10 15 29 50 86 119 40 44

Insufficient Information 43 99 112 57 33 13 75 53

Response Count 195 195 195 195 195 195 195 195 195

Insufficient information 48 97 115 60 35 17 76 49

Response Count 195 195 195 195 195 195 195 195 195

Insufficient Information 41 89 107 53 30 15 72 47

Response Count 195 195 195 195 195 195 195 195 195

answered question

3. Integrity Answer Options Louis Byrd, Jr. Colin Hayes Jeffrey Keddie Therese Lavallee Nancy Retsinas Jill Sasser Katie Sinclair Kasey Vu

Exceptionally well qualified 11 20 29 50 80 116 45 52

answered question

4. Relevant Legal Experience Answer Options Louis Byrd, Jr. Colin Hayes Jeffrey Keddie Therese Lavallee Nancy Retsinas Jill Sasser Katie Sinclair Kasey Vu

Exceptionally Well Qualified 23 13 27 40 95 88 22 38

5. Choice Answer Options

Response Percent

Response Count

Louis Byrd, Jr. Colin Hayes Jeffrey Keddie Therese Lavallee Nancy Retsinas Jill Sasser Katie Sinclair Kasey Vu NONE

4.10% 4.10% 5.13% 11.79% 22.05% 36.41% 7.18% 6.67% 2.56%

8 8 10 23 43 71 14 13 5

answered question

195

answered question

HEARSAY MAGAZINE | DECEMBER 2020

27

HEARSAY MAGAZINE | DECEMBER 2020

DIVERSITY FORUM A CONVERSATION WITH OUR LEGAL COMMUNITY REGARDING DIVERSITY, EQUITY AND INCLUSION Wednesday , January 20, 2021 5:30pm - 7:00pm via Zoom 1.5 Ethics CLE Credits Pending There is no cost to attend this CLE.

Join these speakers and others to start a conversation about diversity in our legal community.

Featured panelists: Washington Supreme Court Justice Steven Gonzalez Schwabe Williamson & Wyatt CEO Graciela Cowger CCBA President Christie Emrich CCPAO Chief Criminal Deputy Camara Banfield Court Interpreter Service Administration Cindy Nasko Sponsored by: Clark County Prosecuting Attorney’s Office Action Reform Committee, Clark County Bar Association, George and Donald Simpson (Clark County) Inns of Court, and Clark County Chapter Washington Women Lawyers

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HEARSAY MAGAZINE | DECEMBER 2020

CCBA NUTS & BOLTS CLE

LITIGATING IN A COVID WORLD December 9, 2020 3:00pm - 5:00pm via Zoom Presented by: Hon. Jennifer Snider - Superior Court update Hon. Chad Sleight - District Court update Judge John Nichols (Ret.) - Remote Mediations Jane Clark - Handling civil cases during COVID and running a remote office Nathan Petersen - Handling family law cases during COVID 2 Law and Legal CLE Credits $30.00 for CCBA Members $40.00 for Non Members

Click here to register

29

HEARSAY MAGAZINE | DECEMBER 2020

Bookkeeping

Tips

by: Emanuela Sandri | Attorney Bookkeeping Services, Inc.

QuickBooks was created by Intuit, a financial accounting software program famous for its ease of use, customization and reliability. Here are three tips to help make the most of QuickBooks to save time and make work easier while using it.

• Tip 1: Make use of QuickBooks Keyboard Shortcuts QuickBooks provides various keyboard shortcuts to make work easier. Here are some shortcuts:

Ctrl+A

Displays the Chart of Accounts window

Ctrl+C

Copies your selection to the Clipboard

Ctrl+D Deletes check, invoice, transaction, or item from the list

Ctrl+E

Edit transaction selected in register

Ctrl+F

Displays the Find window

Ctrl+I

Create invoice

Ctrl+J

Open Customer Center

Ctrl+M

Memorize transaction or report

Ctrl+N

New invoice, bill, check, or list item in context

Ctrl+Q

QuickReport on transaction or list item

Ctrl+T

Open memorized transaction list

Ctrl+W

Displays the Write Checks window

Ctrl+X

Moves your selection to the Clipboard

Ctrl+Insert

Ctrl+Delete as a check.

Inserts a line into a list of items or expenses, such as a check Deletes the selected line from a list of items or expenses, such

• Tip 2: Customize QuickBooks Layout and Icon Bar 1. Customize your Layout If you like the older version of QuickBooks, set the old QuickBooks look in just two steps:

30

• Click View –> Top Icon Bar

HEARSAY MAGAZINE | DECEMBER 2020

• Click Edit –> Preferences –> Desktop View (my personal favorites are One Window, Don’t save the desktop and Switch to colored icons/light background on the Top Icon Bar)

2. Customize Your Icon Bar: Choose which links appear in your icon bar. Add, remove, or modify the icons according to your needs and preferences. So this way you can select the links which are your favorite or you use the most. a. To Remove an Icon

• View –> Customize Icon Bar

• Select the icon you want to remove and click Delete

b. To Add an Icon

• View –> Customize Icon Bar

• Click Add

• Select the desired icon from the list –> Modify the label and description –> OK

c. To Modify an Icon

•

View –> Customize Icon Bar

•

Select the icon you want to modify

•

Click Edit, make your changes

•

Click OK

• Tip 3: Reconcile QuickBooks Accounts Constant reconciliation is the only way to check that all of transactions and account details are recorded. Every account that you receive a statement has a beginning and ending balance that can be reconciled. In addition to bank accounts, also reconcile credit cards and loans. Review reconciled records for uncleared transactions and followup as needed. Confirm balances are identical in the Trust account and the client Trust liability account and client balances total, review individual client balances for oddities, and resolve any difference.

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HEARSAY MAGAZINE | DECEMBER 2020

Washington’s Law Clerk Program: A Spotlight on Tiffany Henson and Matthew Philbrook by: Jill Sasser

Washington is one of only four states that allow individuals to become lawyers without attending law school (the others are California, Virginia, and Vermont). According to the WSBA webpage, “[t]he Law Clerk Program is an alternative to law school authorized under rule 6 of the Washington Supreme Courts Admission and Practice Rule (APR) 6. It is a four-year program designed to provide educational and practical experience through a combination of work and study with an experienced lawyer or judge.” To qualify for the Law Clerk program, the Law Clerk Board must determine that a candidate has good moral character, a bachelor's degree, and regular paid full-time employment in Washington state with a lawyer or judge who has at least 10 years of active experience. Such lawyer or judge must serve as the Law Clerk’s primary tutor. Law clerks are required to find their own 32

employment prior to applying for the program. The fee to participate is currently $2,000 per year. The Law Clerk Board and WSBA staff oversee the law clerk’s participation in the program, but the law clerk and his or her tutor must work independently to complete the program. Each law clerk must spend at least 32 hours per week in work and study. The tutor must spend at least three hours per week personally supervising the law clerk. The supervision must include discussion of the law and cases and reviewing the clerk’s written assignments.

Upon successful completion of the program, the law clerk is entitled to sit for the Washington bar exam. However, law clerks do not obtain J.D. degrees and the program is not accredited by the American Bar Association. Completion of the program and passing the bar exam meet the requirements to practice law in Washington state only and may not satisfy the requirements to practice in other states.

Of interest to this author was the fact that Abraham Lincoln, John Adams, Thomas Jefferson, Daniel Webster, John Marshall and Clarence Darrow all became lawyers without attending law school, and similar to the law clerk program, instead pursued independent study or apprenticeships to become lawyers.

We are pleased to spotlight Tiffany Henson, a recent Law Clerk program graduate and her program mentor, Matthew Philbrook.

HEARSAY MAGAZINE | DECEMBER 2020

Q&A with Matthew Philbrook, Law Clerk program mentor Matthew Philbrook is the owner of Philbrook Law Office, which primarily focuses on the areas of personal injury and criminal law. Matt recently served as the mentor attorney to Tiffany Henson as she completed the Law Clerk program.

1. What made you decide to serve as a law clerk mentor? I wasn’t very familiar with the Law Clerk program and the specific mentor requirements before Tiffany brought it to my attention. We’d been working together for six years, and over that time I’d developed a great respect for her many wonderful qualities. It made immediate sense that I should help Tiffany achieve her goal.

2. What was the best part about being a mentor? For me the best part of being a mentor was witnessing Tiffany’s knowledge of the law grow. She entered the program with a passion for the work we were doing in the office, and cruised through torts, civil procedure, etc. What impressed me the most was watching her develop such a wellrounded understanding of the law.

3. What was the most challenging part of being a mentor? The most challenging part of being a mentor was the time commitment necessary to properly review the monthly topics, as well as creating and grading her monthly exams. Tiffany is exceptionally well organized, which helped immensely. We also had a great deal of support from others in the program. Specifically Bennett Brandenburg, who was a few years ahead of Tiffany, was an incredible resource.

HEARSAY MAGAZINE | DECEMBER 2020

4. What advice do you have for other individuals serving as a law clerk or a mentor?

The Law Clerk program is similar to other types of schooling in that it’s a long slow march to the finish line.

The self-study element can be difficult at times with questions as to whether things are going the way they’re supposed to. It’s key to stay organized, be consistent, and take it one step at a time. Looking back at it now it was an incredible achievement.

5. Anything else you want to share about this experience?

I’m incredibly proud to be a part of Tiffany achieving her dreams. The Law Clerk program creates opportunity for deserving men and women, and at the same time makes the bar stronger by producing exceptional attorneys. There’s no one more deserving of their new membership into the Washington State Bar Association. In addition, Tiffany was sworn in by Judge Snider, which was a lot of fun because I shared an office with Reed, Johnson and Snider, when I first hired Tiffany when she was 19 years old.

Q&A with Tiffany Henson, Law Clerk program graduate I’ve worked in the legal field since I was a sophomore in 34

high school. My first job in High School was in a Vancouver law office. I remember absorbing as much as I could while working a few hours a week. In my senior year, I began applying for scholarships, and was granted a full tuition scholarship at Everest College for their Paralegal program.

I achieved my Associate’s in Paralegal degree in as short a time as possible at the age of 19 in 2006. Just a few days before graduation, I went to work with Matthew Philbrook.

We instantly formed a strong bond and a common drive for excellence.

In 2010, business was booming, but I realized I wanted more out of life and my career. Although I had a fantastic and supportive husband, with a two-year-old child, law school was unattainable. After long discussions and research with Matt and my husband, we discovered the Law Clerk program through the Washington State Bar Association. It was a four-year program which would allow me to continue working full time and be present and involved raising my family.

HEARSAY MAGAZINE | DECEMBER 2020

The only thing standing in my way was my education; a bachelor’s degree was required to enter the program. After I had my second daughter in 2011, I enrolled in the online program at Eastern Oregon University. I graduated with my Bachelor’s in Business in the summer of 2015.

I joined the Law Clerk program in December 2015. For those unfamiliar, the Law Clerk program consists of studying a specific subject every month, taught by a mentor and overseen by a liaison appointed by the bar association. Matt was my mentor, and we worked closely to discuss the subject in detail hours per week, in addition to our heavy workload. Matt was careful to thoroughly explain topics and issues, followed by application to the real world of law, often within our specific cases. At the end of each month, he prepared an exam for my taking. Once graded and discussed, I would upload my exam and email to my liaison, which was a flawless and quick process. Most subjects were studied two months at a time, although there were a few that required three months of study, and less that required one month of study.

In addition to monthly exams, Law Clerks are required to complete three book reports per year of study. I was able to choose the books I wanted to read from a list approved by the Bar Association. Although I originally felt the reports were a bit wasteful of my time, I came to enjoy them. I chose books that focused on the type of law I loved, personal injury, as well as women in law. I learned a great deal about the history of the law, which only made me more focused on the program and the end goal.

I completed the Law Clerk program in December 2019 and was granted permission to sit for the bar exam. With the continued support of my husband, kids and Matt, I immediately began studying for the February bar exam. Unfortunately, I came up short the first time. Having no experience with law school type exams, I chose to call it a learning experience and dove back into my study. I went into the July exam with even more confidence and determination. In my heart I knew my work over the past nine years had given me all the tools necessary to pass. I can’t say there were no nerves on the eve of results day, but I knew I had done what it took to achieve my dreams. And yes, I scored well above the pass line!

The Law Clerk program is a great alternative to law school for those like me who develop the desire and confidence to become an attorney after having started a family. I don’t see a path without financial hardship and debt where I could have gone back to school while helping to raise my girls, now ages 11 and 9. It was a long and difficult climb, and one I approached a step at a time trying hard not to consider the mountain of work ahead. At 34 years old, I’ve reached my goal of practicing law soon to be a member of the Washington State and Clark County Bars. I give great value to the knowledge and experience I’ve gained as a paralegal. Working with Matt, I’ve experienced many joys while helping clients through difficult times. I feel primed for a rewarding career, I will always be grateful for the opportunity which allowed me to get here. I may have gone about it untraditionally, but I proved to myself and my girls that anything is possible!

My future involves continuing to educate myself and growing a successful personal injury practice along with Matthew Philbrook. I have a passion for helping people injured due to other’s negligence, and a burning desire to compel insurance companies to do what’s right. I have no plans to stop learning and bettering myself with the goal now to be the best litigation attorney I can be.

35

Clark County Bar Association

HEADER (CHANGE ON MASTER B)

CCBA BOARD OF TRUSTEES MEETING MINUTES CLARK COUNTY BAR ASSOCIATION October 7, 2020

CCBA Board Meeting Minutes for the CCBA Board of Trustees Meeting October 7, 2020 Virtual Meeting via Zoom Called to order 12:16 Spratt, Larson, Emrich, Jacobs, Phelan, Gasperino, Aquadro, Melnick (Darco present) September 2, 2020 board meeting minutes: motion to approve (Spratt/Melnick) Approved September 21, 2020 general meeting minutes: motion to approve (Phelan/Spratt) Approved Treasurer’s Report (Melnick): Reviewed Treasurer’s report, dues coming in, will continue to monitor OLD BUSINESS- none NEW BUSINESS

A) Board Job Descriptions/Assignments (Emrich)

Board members expected to serve on committees. Aquadro will serve on membership committee, which will also have a diversity, equity, and inclusion goal. Gasperino will serve on Hearsay committee. The Social committee chair is Phelan. Emrich suggests a draft calendar for social committee event dates in 2021 by the next board meeting in November. Spratt will be on the CLE committee and is generating ideas on how to market/sell CCBA CLE recordings.

B) Motion to remove Paige Spratt as a signatory to bank account and add Ben Melnick (Phelan/Gasperino) Approved

C) Membership Update (Darco)

318 Members; 17 of those are new members; 100 non-renewed. Reach out to those who haven’t renewed.

D) Google Overview and Plans (Emrich)

The Board will utilize the CCBA Google Folder for all documents needed for board meetings. Plans going forward: possibly add Court evaluations and/or Clerk’s Office evaluations like other bar associations have; Will evaluate the paper bar membership directory and whether we will do one for 2021 versus all digital; Suggestion to ask WSBA for CLE credits for Court Updates.

Adjourned 12:53 36

Representing Injured Workers on Their Washington Claims

Law Office of Steven L. Busick

(360) 696-0228 1915 Washington Street Vancouver, WA 98660

37

Clark County Superior Court

BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT November 10, 2020

Meeting begins at 12:03 via Zoom.

Present telephonically: Judge Derek Vanderwood, Judge Fairgrieve, Judge Veljacic, James Smith (facilitating), Emily Sheldrick, Matthew Kimball, Curt Welch, Sean Downs, Jessi Anderson, Lindsey Shafar, Rachel Brooks, Jeff Keddie, Jennifer Hill-Hart.

Topics discussed were: Judge Vanderwood: Family law remains very busy, possible for CARES act funding to add additional Plexiglas to the annex courtroom. Regarding electronic ex parte submission, the court is open to this but the clerk’s office has concerns about implementing this. Bar members are encouraged to contact the clerk if there is still a desire for this. Changes to the uniform guardianship process remain in the works as well.

Judge Fairgrieve: Currently in a civil trial, fairgrounds were used for jury selection. Appears to be working smoothly at this time. Expected number of jurors appeared, socially distanced voir dire worked well. On the criminal side, several issues are being worked on. The movement of paperwork from in custody defendants to the court/counsel appears to be resolved and improved. The number of pleas has increased on recent dockets, likely due to this. Interpreter services, provided

by District Court, are being clarified as to who has the duty to arrange interpreters and to create a way for counsel to explain a J&S after sentencing. Recent meeting was held on this issue. Criminal jury trials are increasing in frequency, expected that this will remain the case.

Additional refinements to the process will continue over time.

Judge Veljacic: Believes the clerk was concerned about processing electronic ex parte orders. There is some discussion of a shared drive but that presents security and other IT concerns. 3rd party services such as DropBox may be considered also, but the clerk is an independent official and has their own concerns.

COVID numbers are increasing and concerning, but there is no new guidance from the Washington Supreme Court to change the current approach. Cases are currently proceeding as the court expected. Mock Trial competition registration ends soon, will be both middle school and high school this year. Middle school will be on 1/27 and 1/28, high school on 2/24 and 2/25. Further details on how to conduct competition remotely remains to be determined once the number of teams is known.

Jeff Keddie: He and Jill Sasser are willing to participate in a workgroup regarding the minor guardianship statute changes. These changes are significant and will require new processes.

NJP is also concerned about GR 33 accommodation requests and attorney appointments.

Ideally there would be more consistency and structure for GR 33 requests.

Rachel Brooks: The guardianship section is also working on the new changes. Forms are being developed at the state and local level. Free CLE regarding accountings will be offered on 11/16 from 12:00-1:30.

Contact her if interested.

Matt Kimball: He will be returning to working from the office, new contracts will be issued soon. Megan Peyton will be the new criminal docket defense attorney, will cover the 1st app docket beginning 1/2/21.

Additional details to come.

Curt Welch: Mock Trial had a coaches’ meeting 2 weeks ago, competition will be virtual for 2021. His team has done several Zoom practices, which are going well.

Emily Sheldrick: The PA’s office Action and Reform Committee (ARC) will be presenting a diversity forum via Zoom in January. Justice Gonzalez, Christie Emrich, Graciela Cowger and others will be speaking.

Jessi Anderson: Very glad to see that Mock Trial is going forward remotely. CCVLP has hired a full-time staff attorney, Jim LeBlanc, for family law/domestic violence cases. Will be working closely with the YWCA through a referral process. Also monitoring possible changes to the unlawful detainer docket, there may be a new pilot meditation process implemented in some counties. CCVLP now has very limited office hours on Monday, Wednesday, and Thursday from 1:00 to 4:00. This is reserved for clients without internet or cellphone service. CCVLP also has a Zoom room that clients can use to connect to court hearings.

Sean Downs: Indigent Defense sent out information regarding CARES act funding for contract attorneys. Funds may be used for PPE, technology, etc. New Supreme Court order issued last month and continues many of the prior provisions. Many jurisdictions nationally have suspended jury trials into 2021 due to the COVID spike. Had a very short jury trial last week, from that experience he has proposed some changes to include displaying witnesses on a large TV screen.

Jennifer Hill-Hart: 1st bench/bar meeting, glad to participate on behalf of NJP. Following the discussion above, the meeting adjourned at approximately 12:41.

Respectfully submitted, James Smith

Christie Emrich, President Telephone: (360) 906-0211 Email: cemrich@barrarlaw.com

Jesse Jacobs, Vice President Telephone: (360) 695-1624 Email: jesse@nwinjurylawcenter.com

Le Ann Larson, Secretary Telephone: (564) 397-2265 Email: leann.larson@clark.wa.gov

Ben Melnick, Treasurer Telephone: (360) 695-4244 Email: benm@washingtonoregonlawyers.com

Erica Aquadro, Trustee Telephone: (360) 823-0410 Email: eaquadro@gevurtzmenashe.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

Paige Spratt, Immediate Past President, Telephone: (360) 905-1433 Email: pspratt@schwabe.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