January 2021 Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

January 2021

February 2020 2019 December

THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

Judge Rich Melnick Retires

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Portland 503-222-7757 Vancouver 360-695-1624 nwinjurylawcenter.com

The Clark County Bar Association is a professional organization that serves to support our local attorney community through providing education and networking opportunities designed to enhance and foster better relationships within the local legal community.

Margaret Madison Phelan Attorney at Law

Enjoying a limited virtual practice: Estate & trust planning, uncontested probate, special needs & long tem care pre-planning And, consulting with attorneys on practice development, problem solving estate and long term care plans for their clients and succession planning for their law offices

Calls returned on Thursdays 360 896-8243 Email anytime

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January Hearsay Contributors

Tracy

Christina

Reilly Kelly

Phelan

Clark County Historical Museum Tracy Reilly Kelly has recently retired as Program Manager at Clark College Economic and Community Development. She is a volunteer curator at the Clark County Historical Museum.

Phelan Law Office 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.

Nathan

Amy

Petersen

Stinnett

The Petersen Law Firm

Clark County Prosecutors Office

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

Amy Stinnett is a 3L student at Lewis & Clark Law School. She is also participating as a Rule 9 Legal Intern at the Clark County Prosecuting Attorney’s Office.

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 fee for this event but we do ask that you register on the CCBA website. https://www.ccbawashington.org/event-calendar 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 YWCA Bilingual Outreach Specialist and Legal Clinic Coordinator Ana Sifuentes 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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Mediation in a Pandemic page 14

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President’s message by: Christie Emrich

Dear Members,

January is a time of new beginnings. The mistakes of the past year are behind you and there is a new year full of possibilities in front of you. So, crack open the spine of a brand-new journal. Hang up a pristine calendar on your office wall. You have 12 new months in which you can write any story you want. It’s a time for resolutions. Do you want to learn a new language? There’s an app for that. Do you want to attempt a “Dry January”? Then more power to you. Hot Yoga strike your fancy? Sign up for a class.

Because on January 1st – you can promise yourself anything. Throw those intentions out into the world and make it happen. And January is also a time for planning. Where are you going to take the kids for Spring Break? Are you going to sign up for your first 5k? Or maybe this is the year you celebrate Octoberfest in Munich. With Google and a credit card anything is possible.

But this year, this year January feels different. Yes, we all laughed at the “end of 2020” memes that popped up on our social media accounts a few weeks ago. We collectively gave a sigh of relief when the ball dropped and some guy who said he was Ryan Seacrest, but didn’t look anything like him wished us a Happy New Year.

We had officially crossed the line into 2021. And we could hope that the concerns of 2020 would somehow stay in 2020.

Yet, here we are just a few days into this brand-new beautiful year and once again actions of a few have shaken us to our core. Still in the midst of a pandemic, we watched an assault on our Capitol. I’m not sure why you became an attorney. Maybe it was a dream 8

Rosie reciting the Pledge of Allegiance

of yours since you were a kid. Maybe you were a Liberal Arts Major looking for the next logical step. Or perhaps when comparing the GRE to the LSAT you chose the one without Math. Regardless, of how we got here, we all took the same oath: to support the constitution of the State of Washington and the Constitution of the United States.

By virtue of our chosen profession, we believe in the Rule of Law. We can analyze it, debate it, research it, and argue over it, but at the end of the day we respect it, we honor it, and we uphold it. If 2020 was a year that uprooted all of our norms, let 2021 be a year of reflection on whether those norms brought us closer to our ideals. We can choose to lament from a far the strife and upheaval shown on the news. Or we can take the far more uncomfortable path and look at where we fall short, where our community falls short, and where our local institutions fall short of the promises of this country.

On January 20th we are going to start the first of what I hope is an ongoing conversation on diversity, equity, and inclusion here in Clark County. I hope you will join in this conversation to listen to the observations and experiences of your colleagues and members of our legal community. There will be an opportunity to share your own if you are inclined. We live in a beautiful part of the country, we enjoy a collegiate bar, and we have much to be thankful for in this community. But we must not take the Oaths we uttered at the start of our careers for granted. Equal justice under the law is a promise that begins with our-selves, in our offices, in our organizations, with our legal partners, and within our courts. The Forum is free to attend and will be moderated by Supreme Court Justice Steven Gonzalez. It is a joint endeavor sponsored by the Clark County Prosecuting Attorney’s Office Action Reform Committee, the George and Donald Simpson Inns of Court, the Clark County Chapter of Washington Women Lawyers, and the Clark County Bar Association. So, let’s use these first few weeks of 2021 to take stock of where we are as a community and where we want to go.

~ Christie

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Judge Rich Melnick Retires

By Christina Phelan

Long-time Clark County attorney and Judge, Rich Melnick, has retired from his current job as Washington State Court of Appeals, Division II Judge. He will be replaced by Clark County Superior Court Judge Bernard Veljacic. I had the chance to sit down with Judge Melnick (via Zoom) and discuss his background and future plans. I also asked him for some words of wisdom.

Judge Melnick grew up in Ohio and stayed in the Midwest for his undergraduate degree, attending Northwestern University in Evanston, Illinois. He graduated from Northwestern in 1977 and took a year and half off before moving out west to attend Lewis and Clark Law School. During his third year of law school, he was hired as an intern at the Clark County Prosecuting Attorney’s Office, which marked the beginning of his extensive Clark County career.

Judge Melnick started a fulltime position at the CCPAO after he graduated from Lewis and Clark in 1981, 10

working in both the Civil and Criminal divisions there. He eventually decided to leave the office for a role on the bench, becoming a Clark County District Court Judge in 2004. In 2010, Judge Melnick was appointed to the Clark County Superior Court Bench, Department 5, where he remained until his appointment to the Court of Appeals, Division II, in 2014. While Judge Melnick greatly enjoyed being an appellate judge, he said that after working for the government for 41 years he felt like it was just time to retire.

Although Judge Melnick has hung up his robe, he will be far from bored in his retirement. He has a number of exciting activities lined up to occupy his time. He will be teaching Evidence at his Alma Mater, Lewis and Clark Law School. He is slated to become the Northwestern University Director of Alumni Admissions Council for the greater Portland region.

He will remain on at least one of the statewide committees he was appointed to by the Chief Justice. He plans on staying involved in our local Inns of Court chapter. He will continue the other volunteer work he has dedicated himself to. In his down time, Judge Melnick is looking forward to traveling, playing music, and spending time with his family.

When asked about memorable moments of his career, Judge Melnick indicated that he remembers a lot of “firsts”, but the things that stick out to him the most are the people he got to work with. One of his favorite specific memories though, is swearing in his son, Ben Melnick.

With his career coming to an end, I asked Judge Melnick what advice he would give to younger attorneys in the beginning stages of their careers. “Talk to each other,” he said. A long time ago, he was given the advice that the best lawyers are the ones who return phone calls, and he believes that is still true today. Judge Melnick believes that just because we are in an adversarial system, it doesn’t have to

be adversarial outside of the courtroom. “The other lawyer is not the enemy,” he stated.

He indicated that this is why he believes Inns of Court is such a great program. It allows lawyers to break bread and really get to know one another, outside of the courtroom.

The second piece of advice he shared was: “Get involved in the community. Volunteer your time.

Make a difference.” This ideal is one that Judge Melnick has clearly embodied in his career, as he had dedicated so much of his time to both the legal community and greater community at large.

Although he is retiring from the bench, it is clear that that part of his life will remain the same.

High School Mock Trial Tournament Virtual Mock Trial is coming!

Raters are needed for the 2021 Clark County Mock Trial tournament.

The high school tournament will be held virtually on Feb 23, 24 and 25.

Raters can volunteer virtually from their homes or offices.

Please email jill.sasser@clark.wa.gov to volunteer and get more information.

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Dear Juris Prudence

Myself and three coworkers were recently laid off from our jobs at a nonprofit due to a dispute with a Board Member who happens to be our nonprofit’s retired, former President. The former President retired at the beginning of the year, and I was initially relieved that we could now actually accomplish the things that we needed to do in order to merit our nonprofit status (like file our annual 990 and apply for grants). For the last ten-odd years, the former President, who I’ll call, David (name changed to protect the guilty), did absolutely nothing except write poetry and nap at the office.

My joy at David’s retirement was cut short however, when he joined the Board and tried to block all of our efforts to move the nonprofit in a different direction.

When a big donor suggested that we change our name to something more in line with what we actually do (education), and said that their (very large) donation was contingent on a name change, David convinced a small majority of Board Members to block it. When we suggested that we should not do an in-person annual fundraiser this year because of Covid-19, David convinced a majority of Board Members that we really needed to do it in person. (Thankfully the Governor’s Order prevented this from happening, but we still lost money on an event deposit that we will not recover.)

When we suggested that we needed to have term limits on Board Members (because we have several Board Members who are in their mid-nineties and can’t follow a Zoom conversation), David once again blocked that.

Fast forward to Thanksgiving. David convinced a small group of Board Members that our nonprofit should fire me and my 3 coworkers, leaving only support staff. Sadly, 7 Board Members quit the Board in protest, 2 abstained, and David and his loyal band of followers had a majority. We were all terminated. In the middle of a global pandemic. I’m in my early twenties and I can move back in with my parents if I have to. But I’m just outraged for my coworkers who are in their mid-forties and have each worked at the nonprofit for seven years minimum. What should I do?

-Cut Loose

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Dear Cut Loose, First of all, I’m very sorry that you’ve been laid off and that you’re joining millions of other jobless Americans in this struggle. Second, I urge you to contact an employment attorney ASAP! Make sure that you were paid your final wages on time—on the next regularly scheduled payday in Washington. If the four of you belong to the same protected class, and if there are employees who were not terminated who are not part of that class (your letter does not say), then you might be looking at a discrimination case.

Dear Feeling, An attorney can help you sort out your legal options. You mention that your coworkers are in their mid-forties. They also need to seek legal counsel. It could be that their Setting boundaries with your loved ones during rights were violated by their termination. But I’d encourage you to let them fight their these last 9 months is something many of us have own fight and handle it themselves. This is not your responsibility. struggled with. But as terrible as it is, you are right My next recommendation be kind toabout yourself and take it easy for the rest of to is betoconcerned extended family gatherings December. Enjoy the Holidays. time with friendsseason. and family (over Zoom).

Eat during Spend the upcoming holiday At the time I cookies. Drink eggnog (if that’s your thing).

Do things enjoy! Then, start looking for am writing this, there is anyou estimated 71% increase a new job in the new year.inIndaily the meantime, for unemployment.

The good news reported apply Covid-19 cases in Washington is that with so many people out of work due to Covid-19, future employers areisunlikely State from just two weeks ago. Clark County itself to ask about a gap in yourclassified resume and are unlikely to ask about circumstances of as “High” on the State’s Covid the activity levels your departure. scale.

Cut Loose, it sounds like you were cut loose from a sinking ship. The nonprofit world knowwill that personally, have a number family if not is small and I’m sure that Ithere beI,repercussions for your formerof employer, much more in comfortable in- they now, then perhaps yearsmembers down the who line. are Firing 4 people a pandemicwith because disagree with you is an example of terrible leadership and bad governance. I hope you are able to enjoy the Holidays, enjoy your (temporary) unemployment, be grateful that you have parents you can move in with (if you have to), and find a better job with good leadership.

--Jurisprudence

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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Mediation in a Pandemic

By Nathan Petersen

The pandemic has affected nearly every aspect of day-today life, as well as the practice of law. Mediation and arbitration are no exception. The pandemic has often necessitated that mediations and arbitrations are conducted via Zoom, which removes the human element and connection. In addition, remote mediation causes additional hurdles and challenges. Retired Judge Barbara Johnson said, “As far as challenges, learning the new technology can be a challenge and there can be glitches, as we all have experienced.” Retired Judge Nichols noted similar issues, not just with his own use of technology, but with attorneys and clients having similar problems. “The new challenge obviously is getting up to date on Zooming, fortunately, both of my daughters were able to advise me and do some trial runs.

The other challenge has been to get the attorneys and pro-se clients on board. I remember one attorney spent 20 minutes trying to get their video to work only to discover they didn’t have a camera. The last problem has been getting paid in the usual manner. As a result, I have had to send out invoices much more and the response time has been much longer.”

A widely noticed problem with remote mediations is the human 14

element – the difficulty in connecting with the individuals and their counsel. Mediator, Nancy Retsinas stated, “Zoom is great for mediations but it is harder to develop 1:1 rapport with the mediating parties or their attorneys.

Building rapport as a mediator is central to helping facilitate agreements. So, I have built in pre-mediation virtual meet-ups with all parties and a virtual 2:1 meetup with professionals in order to prepare for mediation day and allow the parties to share what’s important to them in a private environment, before the stress of mediation day.” Judge Johnson shared a similar concern and observations, “Creating trust with the parties seems more difficult by remote connection, although some participants are actually more comfortable through a remote connection. I have to say, in my experience, having a necessary person by telephone only (not by Zoom) for a mediation is not very satisfactory.”

Richard Spier, a mediator based in Portland, said, “There is no better way to bond and communicate than by being in the same room. The mediator learns a great deal from observing body language, and subtle signs of stress and fatigue (or, “blood, sweat and tears”) by the parties and counsel. And the participants can better sense to what degree they are being heard and understood.” Judge Nichols noted a similar observation, “My belief is that you don’t have the captive audience leverage nor the ability to talk as forcefully. It reminds me of the days of buying a new car, once they have you in the showroom, they would hide the keys of your trade-in so you were stuck in a closed environment until they had you in the new car.”

Retired Judge James Rulli noted that difficulty and delay in scheduling was also an issue, “Before it didn’t seem that difficult to get a date for everyone. That is a minor adjustment. Adjusting to the technical issues has been getting better as time is going on.” Judge Nichols stated, “Before it didn’t seem that difficult to get a date for everyone, whereas now it is more difficult.”

While there are drawbacks to remote mediations, there are some benefits. Judge Nichols noted an ability to work

remotely and more frequent opportunities for him, the attorneys, and the parties to take a break during mediation. “If I am working from home, I can actually grab something to eat during a break. If it is an in-person session, I usually work through lunch and get pretty hangry by 4:00. However, I do miss the ability to talk with the clients and establish a rapport with them and the attorneys.” Judge Rulli noted the ability to share a screen over Zoom is helpful so that everyone is looking at the same document, on the same page at the same time.

Nancy Retsinas noted that the benefits of remote mediation was the ability to easily go into breakout rooms with the attorneys or one side and their counsel. Additionally, she noted, “Parties benefit from being able to stay in the comfort of their own homes if they like, and for high conflict and domestic violence situations, people feel it is safer to mediate remotely.”

With all the difficulties of remote mediation, it is important that attorneys do what they can to help the process run more smoothly. “I don’t know how much the attorneys are doing to educate their client as to the purpose of the mediation, and helping them understand this is an opportunity to resolve their issues. Attorneys should educate their clients in regards to the legal issues prior to mediation.” said Judge Rulli. It is also important that counsel speak directly before starting mediation in order to resolve any possible issues in advance. “Sometimes I get the impression the attorneys have not really talked beforehand.

You need to take the time to talk to opposing counsel before sitting down for mediation because there are many issues that can be resolved before you starting mediating.

You can let the mediator know what has been resolved and what issues remain to be mediated. The agreements should be incorporated into some sort of written agreement before mediation.” said Judge Rulli.

Regarding advice for attorneys in preparation for mediation, Judge Nichols said, “The first item the attorneys should do is instruct their clients on how to use Zoom and have a secure location with a good microphone. Also, if you are going to have your client with you in-person, have the ability to send them out of the room so we can have a private chat.

With regard to the binders, make sure that you also send the important sections by email as I may not be in town to review the hard copy.”

“What the attorneys can do to facilitate remote mediation is pretty much the same as with in-person.” said Judge Johnson. “Make sure your client and/or adjuster with authority is available and prepared to talk realistically about the strengths and weaknesses of the case. While venting is part of the process, emphasize the need for compromise and the benefits of reaching an agreement. At some point, it really helps to work with the mediator to develop a realistic range for what your side may accept.”

Despite the difficulties caused by the pandemic, there are positive aspects resulting from our forced embrace of technology. “In the past, pursuant to the statute, appearing telephonically was at the discretion of the Judge or Commissioner.” said Judge Rulli. “The flexibility we have had in the past year has helped everyone understand that this can be done a different way, I think you will see more people appearing telephonically or by video even after the pandemic.”

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Volunteer of the Month December 2020 Jeff Pe e son Jeff Peterson is one of our outstanding Housing Justice Project volunteers.

Among the sea of chaos in one of our most important legal clinics, he is the calm voice of reason for our clients. But don't let that fool you; he's just as strong a litigator and a force to be reckoned with in the court room. In the last 2 years alone, Jeff has provided over 80 hours of free legal advice and court room representation at the unlawful detainer docket. To honor Jeff for all the amazing work he does, we got him to answer a few questions for us. From all of us at the CCVLP, Thank you for all that you do, Jeff!

Prior to being an attorney, you served in the military. Can you tell us a little more about that?

I enlisted in the Army and graduated from Office Candidate School in 2003. After I completed Infantry training at Fort Benning, Georgia, I went to my first duty station in Korea. My second duty station was at Fort Drum, New York, and in 2006, I deployed to Iraq for 15 months with 2nd Brigade Combat Team, 10th Mountain Division. I got out of the Army and went to law school in 2008.

What made you want to volunteer and what keeps you coming back to the CCVLP? I volunteer with the CCVLP because I believe that public service is a privilege and obligation for members of the bar. Lawyers should provide pro bono services to help the most underserved and underrepresented members of our community and to increase access to justice. I signed up to volunteer because I wanted to do my part. I continue to represent pro bono clients with the Housing Justice Project because it is deeply rewarding. My professional life is consistent with my principles and beliefs, and I get to help people who would be much worse off if they did not have a lawyer representing them.

December 2020 Volunteers: Solo Practioners/In-house counsel/ Emeritus: Cliff Coulter Sharon Cousineau Ed Dawson Eric Hoffman Sherri Farr Peter Fels Phil Foster Brian MacKenzie Scott Matthews Howard Marshack Jeff Peterson Mercedes Riggs 16 Widney Allison Phil Wuest

Law firms: Caron, Colven, Robison, & Shafton: Benjamin Moody Martin & Richards: Christie Martin McKean Smith: Deanna Rusch Morse, Busby, Andrews, & Terry: David Commisa Navigate: Chelsie Elliott, Tanya Green, & Amber Rush Northwest Justice Project: Jennifer Hill-Hart, Jeff Keddie, & Laurie Garber Stahancyk, Kent, & Hook: Anne Ajayi & James Wriston

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@clark.wa.gov

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Early Women Leaders of Clark County

By Tracy Reilly Kelly

This year the United States celebrated two important, linked centennials – the 19th Amendment, granting women suffrage, was ratified by 36 states, becoming law on August 26, 1920, now known as Women’s Equality Day. In April 1920, the League of Women Voters was established by President Carrie Chapman Catt of the National American Suffrage Association.

It had taken almost a century of direct action to achieve this right - no one “gave” them this right.

Women who marched, spoke, worked, and rallied were called suffragists – not “suffragette”, which is a diminutive pejorative.

Their legacy incorporates the intersection of class, race and gender. Most suffragists were women of privilege, who had the means and time to pursue higher education and join organizations for the common good. As political operatives they resisted

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collaboration with women of color and working women. In particular, there was frank racism in the movement after the passage of the 14th & 15th Amendments (concept: if all women were not included in the vote, it should not be granted to all Black males) and later, continuous appeasement with Southern state ideologies and systemic racism throughout the United States.

It is a challenge to look back at this movement with modern eyes. There is irrefutable evidence of discrimination – yet does this negate their historic achievements? What standards should we use to judge progressives and radicals of 150 or 100 years ago?

They were products of their times, and might be described, as Peter Drier writes, “heroes, not saints”. Susan B. Anthony began her work on the abolitionist stage, as did Elizabeth Cady Stanton and Lucy Stone. Stone, lost to current history, broke away from Anthony and Stanton and formed a rival organization called the American Women’s Suffrage Association (AWSA), heralding the primary rights of Black men to gain their vote.

Three Black women stand out for their suffrage efforts. The Pulitzer 2020 Prizewinner Special Citation was posthumously was awarded to anti-lynching journalist Ida B. Wells. Wells founded the Alpha Suffrage Club, the first suffrage club for Black women in Illinois. Frances Watkins Harper was a Philadelphia lecturer and a founding member of the AWSA. In 1873, Harper told the convention, “As much as white women need the ballot, colored women need it more.” She clearly defined race as a factor in the denial of women’s rights. Mary Church Terrell was a writer, educator, suffragist, and civil rights activist. Focused on the notion of racial uplift, her words—“Lifting as we climb”—became the motto of the National Association of Colored Women (NACW), the group she helped found in 1896. Terrell was among the founders and charter members of the NAACP. Locally, the expanse of the west allowed historic women in Washington state to find opportunity more fluidly than in eastern states. Due to the rigors of the trek westward, women performed roles usually given to men - accidents and disease were common and a women might find herself suddenly the head of a family. Intrepid women created culture and family out of wilderness, no matter what time and era. In 1883, women in Washington Territory won the right to vote, but lost in courts..

In 1884, the Clarke County Equal Rights Association was formed, with local suffragists Ella Whipple and Mary Hayden leading efforts locally. Clark County women were connected to national trends – Susan B. Anthony, known well for being everywhere – was here speaking in 1896. Women would have traveled to Portland in 1905 for the convention of NAWSA, to see Anthony’s last speech. In Clark County, women followed the lead of famous Temperance activist Frances Willard – who also came here, in 1883. Brilliant strategist Willard, a friend of Anthony, exhorted her followers to “Do Everything”, not only work for prohibition of alcohol, but also for suffrage. All women knew that overconsumption of alcohol not only might destroy family finances, but also to domestic violence. The vote could ensure that women could have a say about the fiery issue of temperance.

In 1889, when statehood was granted, suffrage was not, although it would be brought up every year until Nov 8, 1910, when the state passed all suffrage for women. In 1920, Washington ratified the 19th Amendment on March 22.

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Clark County Law Library is here for you!

We’re physically closed, but mentally open.

Let us help you with your legal information needs.

Remote reference: Let us “keep you on track” with your legal information needs.

Call us at 564.397.2268 or email us at lawlibrary@clark.wa.gov to let us know how we can help.

We may be able to direct you to information that will be helpful, email you some links to try, tap into sources outside the Law Library, or tell you about material that we can email to you.

Document scan and email If you need a particular citation we will email it to you.

If you need more general help, let us know as much as possible about the topic and situation you need to research.

We will locate and scan some appropriate materials from CLE books, practice guides, or whatever we have that might be helpful.

We are physically in the library once per week and will browse the collection for you.

Legal research – from home We currently offer remote access to LexisAdvance, Westlaw, and Nolo through the Law Library homepage at https://clark.wa.gov/law-library.

This is free for you to use, subject to the rules of each provider.

Do your research in your pajamas, and we promise nobody will know. (Nolo is subject to funding for 2021 access)

Rule Nine

By Amy Stinnett

3L at Lewis & Clark Law School Rule 9 Legal Intern at the Clark County Prosecuting

Attorney’s Office There is so much you cannot learn in a classroom, despite yours and your instructor’s best efforts. Fortunately for me, I’ve had the chance to work as an intern at the Clark County Prosecuting Attorney’s Office for the past year and a half, which has allowed me to see how what I’m learning in the classroom plays out in the courtroom. I’ve also been able to draw on the expertise of many of the attorneys here, who have continually impressed me with their graciousness and willingness to take time out of their busy schedules to explain the ins and outs of criminal practice to me – all while earning course credits, too, through my school’s externship program.

In Washington state, law clerks, recent grads who’ve not yet been admitted to the bar, and students who have completed two-thirds of their program and are in good academic standing can apply under Washington Supreme Court Admissions and Practice Rule 9 to become licensed legal interns. Rule 9 interns are subject to the same Professional Rules of Conduct as attorneys who have been admitted to the bar. And while Rule 9 interns can do largely the same tasks as practicing attorneys, even appearing in court and conducting trials, they must do so under the supervision of a licensed attorney. In our office, Rule 9 interns manage an entire caseload, which allows us to see how cases progress through the court from arraignment to trial and even on appeal. We are encouraged to practice our own discretion, but APR 9 requires that our supervising attorney review all of our work, including signing off on documents presented to the court.

Because I spent a year interning with the office before rejoining the team as a Rule 9 intern this past summer, I had already gotten some amazing opportunities. As an intern during my second year of law school, I spent the first four months working in the Children’s Justice Center, learning about the unique challenges in prosecuting crimes against children. From there, I went to the District Court Unit, where I got to experience a more fast-paced, more trial heavy environment. I rounded off my 2L internship by spending my last four months in the Appellate Unit, where I got to work on several of our office’s response briefs.

After the Washington State Bar Association approved my application, I began my Rule 9 internship in mid-July, first by doing some additional training and observing several Zoom dockets. I received a lot of support and encouragement from my supervisor, Luka Vitasovic, as well as the rest of the attorneys and support staff on the District Court team.

To say it was challenging under these circumstances is an understatement, but I quickly realized that coping with the pandemic and working remotely has been challenging for everyone, and for that reason there is a lot of patience and understanding among the many participants in these virtual courtrooms, not just the team in our office, but also judges, court staff, and the defense attorneys.

22

This has been one of the most striking aspects of my internship, the collegiality among the attorneys. I’ve received lots of advice and encouraging words from many of the defense attorneys. As I have stumbled along a lot of the time – like trying to figure out how best to do remote witness interviews, for instance – the vast majority of the defense attorneys have demonstrated genuine patience and professionalism. In fact, I have begun telling my classmates who are looking for post-graduate employment, many of whom are interested in criminal defense work, that they should consider applying in Clark County.

Most importantly, the hands-on experience that the Rule 9 internship provides has allowed me to learn more about the kind of attorney I want to be. Regardless of your chosen profession, learning the tools of your trade and how to wield them well takes time and diligence. I imagine this is a constant learning process for attorneys.

As a prosecutor, the additional ethical considerations compel you to continue thinking deeply about how to wield those tools in the most responsible way, and I feel that this kind of approach to prosecution has been strongly encouraged in our office, which has been affirming for me as I consider my path after law school.

I would recommend the experience to any law student, regardless of whether they intend to practice civil or criminal law and, if the latter, regardless of whether they believe defense work or prosecution is a better fit for them. Working alongside folks who are committed to doing this job with integrity and always with an eye toward justice and fairness has been deeply rewarding. I’m grateful to have received mentorship from the practitioners in this office during my formative years as a new attorney.

LAW LAW LIBRARY LIBRARY Do We Have That? What Westlaw Content is Available at the Law Library How do you know what is available to you in Westlaw? You can use the “My Content” feature. In the top right corner of the screen, click on the person icon, then pick “My Content.”

An alphabetical list of titles will come up. Our content includes everything on the list, whether they appear in blue or black. Some resources have their own page, and they are blue links. Clicking that link will take you straight to their table of contents. It will also limit the search box to that title, so that you can run searches within your selected resource.

If you prefer to sort the list by content type, there is a drop-down box to the right of the alphabet string where you can switch from alphabetic view to content type view. When you sort it this way, a drop-down appears on top of the list showing the types of content so that you can jump to the section you want.

You can also download a PDF of the content list to save to your computer. This could be handy to do searches for keywords, such as finding out what Rutter titles are available, or looking for a specific law review. Be aware that if you do this while using the remote access through the library home page, you are getting a broader list than our actual subscription. If you would like a PDF of the Westlaw contents in our subscription, please contact the law library and we will email it to you. At 324 pages, it is bound to have some content that would be helpful to your practice!

Another way to find a specific resource is to start typing the title into the search box. For example, if you start typing in “Washington P” Westlaw suggests “Washington Practice Series” and you can click the link to go to that resource. Typing a title into the search bar is a great way to quickly search within a resource that you know exists.

You have free access to Westlaw during the library’s closure using the link on the Law Library homepage. (https://clark.wa.gov/law-library) At the time of this writing, they are allowing up to 20 hours over a 14 day period per email address.

***************************************************************************************************************************

NOTICE OF COMMISSIONER’S SCHEDULE CHANGES

***************************************************************************************************************************

Effective week of February 8, 2021 DOMESTIC VIOLENCE PROTECTION ORDER DOCKET Domestic Violence Protection Order cases will be heard on Monday mornings @ 9:00a.m.

Tuesday and Friday mornings @ 8:30a.m.

Hearings will be held in the Clark County Courthouse Please check the scroller and/or courthouse signs for specific location The first Monday DV Protection Order docket will be held on February 8, 2020

NON-DV PROTECTION ORDER DOCKET Non-DV cases with the exception of Vulnerable Adult Protection Orders (VAPO) will be heard on Monday mornings @ 10:30a.m.

Hearings will be held in the Clark County Courthouse Please check the scroller and/or courthouse signs for specific location The first Monday Non-DV Protection Order docket will be held on February 8, 2020

VUNERABLE ADULT PROTECTION ORDER DOCKET VAPO cases will continue to be heard on Thursday morning at 9:00a.m.

Hearings will be held in the Clark County Courthouse Please check the scroller and/or courthouse signs for specific location

25

Bookkeeping

Tips

by: Emanuela Sandri | Attorney Bookkeeping Services, Inc.

What is Form 1099-NEC? The 1099-MISC form has been used in the past to report certain payments, including nonemployee compensation (NEC), to the IRS. Beginning with tax year 2020, the 1099MISC has been redesigned due to the creation of Form 1099-NEC. Businesses will no longer report nonemployee compensation, such as payments to independent contractors, on form 1099-MISC. Form 1099-NEC Beginning with tax year 2020, businesses must use form 1099-NEC to report nonemployee compensation if the following four conditions are met: 1.

Payment was made to someone who is not your employee.

2.

Payment was made for services rendered in the course of your trade or business.

3.

Payment was made to an individual, a partnership, an estate or, in some cases, a corporation.

4.

Payments made to the payee of at least $600 during the year.

Common examples of nonemployee compensation include:

• Professional service fees to attorneys (including law firms established as corporations), accountants, architects, etc.

• Fees paid by one professional to another (fee-splitting, for example)

• Advanced client cost for an expert opinion, such as a doctor

• Payments for services including payment for parts or materials used to perform the services if they were incidental to the service

Companies are required to furnish form 1099-NEC to the payee and file with the IRS by January 31 (February 1 in 2021, since January 31 falls on a Sunday).

26

Form 1099-NEC example:

Form 1099-MISC Beginning with tax year 2020, file form 1099-MISC for payments made to an individual, a partnership, an estate, or, in some cases, a corporation, such as attorney or medical/ health care payments, for the following in the course of your business during the year: • At least $10 in royalties or broker payments in lieu of dividends or tax-exempt interest. • At least $600 in the following: Rents.

Prizes and awards.

Other income payments.

Generally, cash from a notional principal contract to an individual, a partnership or an estate.

27

Any fishing boat proceeds.

Medical and health care payments.

Crop insurance proceeds.

Payments to an attorney (gross proceeds paid to an attorney).

Section 409A deferrals.

Nonqualified deferred compensation.

Companies must furnish form 1099-MISC to the recipient by January 31 and file with the IRS by February 28 (March 31 if filing electronically). For 2021, the due dates are February 1 to the recipient and March 1 to the IRS. For detailed instructions and examples for both forms, go to https://www.irs.gov/ instructions/i1099msc.

Distinctions: Payments to attorneys (1099-NEC) The term “attorney” includes a law firm or other provider of legal services. Attorney fees for services of $600 or more paid in the course of your trade or business are reportable in box 1 of Form 1099-NEC, under section 6041A(a)(1).

Gross proceeds paid to attorney (1099-MISC) Under section 6045(f), report in box 10 payments that: • Are made to an attorney in the course of your trade or business in connection with legal services, but not for the attorney’s services, for example, as in a settlement agreement; • Total $600 or more; and •Are not reportable by you in box 1 of Form 1099-NEC. Key Takeaways • Form 1099-NEC is used to report nonemployee compensation.

• Compensation only needs to be reported on form 1099-NEC if it exceeds $600.

• Nonemployee compensation was previously included on the 1099-MISC form.

28

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF CLARK In re the Retirement of:

Cause No. 01-29-2021

JOLENE SELL,

SUMMONS TO APPEAR

vs.

CLARK COUNTY PROSECUTING

[X] Your Action Required

ATTORNEY’S OFFICE CHILD SUPPORT DIVISION

Summons: Notice about the Retirement of Jolene Sell YOU HAVE BEEN SUMMONED. After 30 years of marriage to the Clark County Prosecuting Attorney’s Office, you are being invited to witness the proceedings of the dissolution of Senior Deputy Prosecuting Attorney, JOLENE SELL and the Clark County Prosecuting Attorney’s Office.

The Petitioner prays to dissolve her relationship to Clark County, Clark County Prosecutor’s Office and all things related to the practice of law in favor of the practice of naps, relaxation and travel.

FAREWELL PROCEEDINGS are to be held on Friday, January 29, 2021 at 2:00 p.m. in the west end of the parking lot of the Child Support Division at 800 Franklin Street, Vancouver WA 98660. If you are driving, please park in the Family Law Annex parking lot to the north of 800 Franklin Street.

NOTICE TO RESPONDENT(S): READ THIS DOCUMENT CAREFULLY. WHEREBY the Child Support Division requests the attendance of all respondents to this proceeding. You must appear with a mask and be socially distanced or the court will enter a default judgment against you. You are being requested to file your response with the court by uploading any photos, videos, farewell wishes and correspondence to the Petitioner, JOLENE SELL, via Google Drive by using the link below to be included in the “discovery documents” to be provided to Petitioner: https://drive.google.com/drive/folders/1Lx_QXMYHE0HRtsMm2RxmFtOySUnBfMmR?usp=sharing

For quick access to the link or any questions, please email Kelly at Kelly.mick@clark.wa.gov. ______________________________ Breeng Urown Umbrella, JustenCase Judge

CCBA

Department

5

Judicial

Evaluation

Poll

We are happy to share with you the bar poll results for the Clark County Superior Court Department 5 judicial position below. We wish the best of luck to all the candidates!

Superior Court Department 5 Judicial Poll 1. Legal Ability: Answer Options Nancy Retsinas Daniel Lloyd James B. Smith Sean Downs Tsering Cornell John L. Davis Camara Banfield Louis Byrd, Jr. Kasey Vu

Exceptionally well qualified 53 18 54 28 10 4 40 7 29

Well qualified

Qualified

Not qualified

51 15 36 37 22 17 38 18 55

30 23 18 39 23 53 31 54 38

4 3 1 4 6 28 19 46 12

Well qualified

Qualified

Not qualified

37 19 24 29 17 24 25 13 46

28 19 21 41 21 54 31 50 40

6 3 2 3 6 17 41 55 14

Well qualified

Qualified

Not qualified

38 16 30 36 22 24 24 23 39

27 19 23 38 21 55 25 46 40

7 5 2 2 4 15 34 48 10

Well Qualified

Qualified

Not Qualified

41 19 33 34 21 24 34 35 53

32 21 28 40 26 50 36 62 42

7 3 2 2 7 24 18 25 6

Insufficient information 17 96 46 47 94 53 27 30 21

Response Count 155 155 155 155 155 155 155 155 155 155

Insufficient Information 18 103 46 48 97 55 31 31 26

Response Count 155 155 155 155 155 155 155 155 155 155

Insufficient information 20 102 46 49 96 54 31 31 26

Response Count 155 155 155 155 155 155 155 155 155 155

Insufficient Information 13 99 45 48 93 54 27 27 25

Response Count 155 155 155 155 155 155 155 155 155 155

answered question

2. Temperament Answer Options Nancy Retsinas Daniel Lloyd James B. Smith Sean Downs Tsering Cornell John L. Davis Camara Banfield Louis Byrd, Jr. Kasey Vu

Exceptionally well qualified 66 11 62 34 14 5 27 6 29

answered question

3. Integrity Answer Options Nancy Retsinas Daniel Lloyd James B. Smith Sean Downs Tsering Cornell John L. Davis Camara Banfield Louis Byrd, Jr. Kasey Vu

Exceptionally well qualified 63 13 54 30 12 7 41 7 40

answered question

4. Relevant Legal Experience Answer Options Nancy Retsinas Daniel Lloyd James B. Smith Sean Downs Tsering Cornell John L. Davis Camara Banfield Louis Byrd, Jr. Kasey Vu

Exceptionally Well Qualified 62 13 47 31 8 3 40 6 29

5. Choice Answer Options Nancy Retsinas Daniel Lloyd James B. Smith Sean Downs Tsering Cornell John L. Davis Camara Banfield Louis Byrd, Jr. Kasey Vu 30 NONE

Response Percent 27.74% 5.81% 13.55% 12.90% 5.16% 1.94% 20.65% 2.58% 8.39% 1.29%

answered question

Response Count 43 9 21 20 8 3 32 4 13 2 155

answered question

CC BA CCBA NUTS & BOLTS CLE

CHARACTER EVIDENCE FOR CRIMINAL LAW PRACTITIONERS Presented by: Rachael Rogers Lauren Boyd February 10, 2021 3:00pm - 5:00pm via Zoom 2 Law and Legal CLE Credits $30.00 for CCBA Members $40.00 for Non Members $5.00 for Non Attorneys

Click h ere t o re gi st er

31

Clark County Bar Association

HEADER (CHANGE ON MASTER B)

CCBA BOARD OF TRUSTEES MEETING MINUTES CLARK COUNTY BAR ASSOCIATION December 2, 2020

Called to order 12:18 Emrich, Jacobs, Larson, Phelan, Aquadro, Melnick, Gasperino (Darco present) November 2020 board meeting minutes: motion to approve (Phelan/Jacobs) Approved Treasurer’s Report (Melnick): Reviewed Treasurer’s report for November, discussed “positive” financial position and will look to compare this year’s position to past years Previous Action Items: Clark County Courts Processes Evaluation (Emrich) Emrich, Jacobs, and Aquadro will comprise the committee. Currently gathering information about other bars’ evaluations.

Current Action Items Membership Update (Darco) 380 members as of 12/2/20. Up from 343 members January 1. 50 people remain non-renewed. Board members will remind people they know to renew. Darco continuing a Why I Join email campaign.

Bar Poll Recap (Emrich) Feedback has been positive.

Insurance Renewal is in February (Emrich) No policy changes anticipated.

Year-end Taxes (Darco) Darco will work with Treasurer Melnick on the taxes. Melnick will sign.

General Meeting in March (Emrich) Will be virtual like the September general meeting was. CLE to follow.

Save the Date: CLE/Diversity Panel (Emrich) January 20, 2021 CLE with diversity panel discussion of systemic racism in Clark County. The CCBA is partnering with Inns of Court, the Clark County Prosecuting Attorney’s Office, and the local chapter of Washington Women Lawyers to present this important CLE. Don’t miss it!

Coffee Cart (Darco) In lieu of a holiday party, the CCBA will have a coffee cart outside of the PSC building on December 11th. From 11am to 1pm, members can get a coffee drink of their choice. Many thanks to The Petersen Law Firm for sponsoring this holiday cheer.

Adjourned 12:35 32

Representing Injured Workers on Their Washington Claims

Law Office of Steven L. Busick

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

33

Clark County Superior Court

BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT December 8, 2020

Persons in attendance: Nicholas Alexander (nick@clarkcountyelderlaw.com), Sean Downs (sean@greccodowns. com), James Smith (james.smith2@clark.wa.gov), Matthew Kimball (Matthew.Kimball@clark.wa.gov), Jolene Sell (Jolene.sell@clark.wa.gov), Curtis Welch (cwelch@sussmanshank.com), ), Jessi Anderson (jessi@ccvlp.org ), Phillipe Knab(Philippe.knab@nwjustice.org), Rachel Brooks (rachel@guardianship-law.com),Curtis Welsh (cwelch@ sussmanshank.com). Emily Sheldrick (Emily.Sheldrick@clark.wa.gov) , Lisa Darco (ccbamanager@ccbawashington. org )(Judge Vanderwood (Derek.Vanderwood@clark.wa.gov), Judge Veljacic (bernard.veljacic@clark.wa.gov) and Judge Fairgrieve (John.Fairgrieve@clark.wa.gov).

If you have matters that you would like to bring to the attention of the Bench/Bar, you are welcome to contact the above-mentioned members of the committee.

I. OLD BUSINESS: No old business to report.

II. NEW BUSINESS:

a. Judge Fairgrieve: Because of the increase of COVID we’ve suspended jury trials until Jan 11.

We will monitor the situation, the week before Christmas we’ll discuss numbers. We don’t want to make decisions to put people at risk. We are only doing bench trials so in the criminal world that’s the big thing. There is discussion going on not requiring defendants to be brought down from jail to limit exposure. Order from SC contemplated that decision.

Other than that, things are continuing, change of plea and sentencing moving forward in-person, other hearings doing remotely. Fair amount of activity to keep jail population down, provide space on docket to hear reduction issues. Next judges meeting discussing bail; Addressing challenges.

b. Sean Downs: Only consideration for defendant is how it will work if they want to move to trial after waiving.

c. Phillipe Knab: Change in guardianship with regards to minors, been thinking about the changes and hoping to hear from the bench on the minor guardianship statute. Things at

NJP, moratorium on evictions is ready to end and I would expect an extension, but more limited, to keep it a trickle and not a flood. John Hopkins study on eviction show COVID spread increased when families are homeless; Preparing for that. Seeing a large uptick in family law. We are unfortunately unable to keep up with the need, much more than usual.

Capacity is limited, trying to pivot with client emergencies.

i. Judge Vanderwood: We have a workgroup for the UGA Art. II; I know they are discussing the issues with relation to County.

ii. Rachel Brooks: The UGA in 2021 will be tough for smaller counties because there are more attorney appointments. Guardianship for Minors may have multiple attorneys and a court visitor at county expense. I would be curious about appointments. Two attorneys and a court visitor could be a strain.

iii. Vanderwood: Concerned about capacity to take on the changes the 1st of the year.

iv. Veljacic: Could be delayed 30 days past the 1st to allow those cases to be processed. Not sure if anything else is in the works.

d. Emily Sheldrick: I’m wondering has Snohomish or King County been working on forms? I was also curious about when trials resume and how the event center etc. will be used in the future.

Also, the CARES Act part 2. Prosecuting Attorney’s Office Action Reform Committee is teaming up with Inns of Court and the Clark County Chapter Washington Women Lawyers, creating “A Conversation with our Legal Community Regarding Diversity, Equity and Inclusion” to be held Wednesday, January 20th from 5:30- 7 pm via Zoom . No cost, and will provide 1.5 ethics credits (pending). Fantastic presenters will be present – will have someone from the YWCA. Attorneys and legal staff encouraged to attend.

e. Judge Veljacic: www.courts.wa.gov has the new forms and info on the minor guardianship

aspect of the UGA. We are considering the event center for jury selection until safe to return to courthouse.

f. Judge Vanderwood. Workgroup formed to see how remote trials will work and continue. We are not rushing forward, complex issues especially in the criminal context. Social distancing with jury selection. Don’t know if were heading to Smaller groups, our when time at the event center will eventually end. More planning and discussions coming.

g. Jessi Anderson: – CCVLP – always more need than volunteers. Our numbers are up and volunteers are down because of the holidays and COVID concerns. New general order that talks about eviction process and program. Availability of alternative dispute resolution, concerns about Landlord attorneys not being members of CCBA and getting info to attorneys as it is an important training – wondering is court admin is willing to put info on website.

i. Emily - Public information office: we are asking them to put the flyer/order on their website.

h. Rachel Brooks: Annual Guardianship Probate Section meeting next week. Ask and I can send invite. Governors recommendations are expiring but are being extended to Jan 4th 2021.

i. Curtis Welch: Update on mock trial. Course only done by Zoom, tryouts for team recently, lots of enthusiasm and the kids are excited to participate with new format. Good to see the excitement.

Saving money on donuts this year.

j. Lisa Darco: Equity forum will be distributed to entire bar not just CCBA members via email blast.

k. James Smith: The Court conducted an informational hearing on December 4 regarding the jail

COVID-19 outbreak and sheriff’s response to that. Judge Stahnke found the sheriff’s office

was complying with all CDC and public health guidelines and was meeting its moral

and legal obligations. The hearing is available for viewing if desired, contact court admin or JA for a copy.

l. Jolene Sell: it will be nice to get a regular court commissioner instead of pro team, although they have been great. Modifications of abatement of incarcerated persons coming; a more personal note I am retiring Feb 1.

i. Have a great retirement!!

Respectfully Submitted, Nicholas Alexander

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