February 2021 Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

February 2021

February 2020 2019 December

THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

er y w a L rts a he t e e w S

HIGH DOSAGE LEGAL REMEDY

Available for consult, association, or referral for injury claims in Washington or Oregon. Sleep better.

JESSE JACOBS OTLA Guardian WSAJ Eagle

DON JACOBS Trial Lawyer of the Year, Clark County (2015) Past President, Oregon Trial Lawyers Assoc.

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

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

margaret.phelan@comcast.net

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February Hearsay Contributors

Leila

Bennett

Arefi

Brandenburg

Vancouver Defenders

Brandenburg Law Firm

Leila is a criminal defense and animal rights attorney at Vancouver Defenders. In addition to her service as the President of the Young Lawyers Section, she also serves as the secretary of the Animal Law Section for the Washington State Bar.

As an associate at Brandenburg Law Firm, Bennett continues to litigate criminal and personal injury cases. Bennett also serves as a criminal defense attorney for participants in Clark County’s Superior Court Residential DOSA program.

Roger

Commissioner

Priest

Sasser

VanWa Legal PLLC

Clark County Superior Court

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

Commissioner Jill Sasser was hired to the Clark County Superior Court in January of 2021.

we protect what our clients value most.

For decades, McKinley Irvin has helped clients navigate through some of life’s most difficult challenges. Our attorneys are known for their relentless pursuit of successful results, whether representing individuals in financially complex divorce or high conflict parenting disputes. But perhaps our most noted distinction is our steadfast commitment to protecting what our clients value most.

MCKINLEY IRVIN

360.448.2631

2021

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Therapeutic Courts Holiday Party: Finding Cheer in a Global Pandemic page 10

Young Lawyers Section page 20

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Lawyer Sweethearts page 14

Animal Law: Raising the Bar for Animals page 22

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President’s Message by: Christie Emrich

Dear Members,

I’m tired friends. We are coming up on a year of pandemic life and I’m sure you are tired too. We are living in a constant state of flux both professionally and personally.

Are jury trials going or will they be suspended again? Does my client have to sign this document, or will an e-signature be sufficient? And whoever invented the term “wet signature” anyway? Signing things with a pen is so last decade. Is my kid going to school on the small group Cohort A schedule? Or is it changing to Hybrid Cohort B Model this week based on some metric sent in an email three weeks ago? Are we dining outside huddled around space heaters in a tent or can we sit inside if the door is open?

And this state of constant change has been happening for almost a year. And now, it’s February. I don’t know about you, but I handle pandemics a whole lot better with sunshine and 80-degree days. The grocery store was packed today because the newscasters said the “s” word.

And if the weather forecasters are to be believed we are all going to enjoy a white Valentine’s Day. So, if you need a little respite from our current state of affairs or some support as you near the anniversary of new way of life, I encourage you to check out a Zoom CLE entitled Courage to Cope – When you’re feeling stressed-out, burned-out and anxious. It is being brought to us by our local chapter of Washington Women Lawyers on March 8 from 12pm-1pm.

You don’t have to be a member of WWL to attend, just send an RSVP to WWL’s President Meghan Williams at meghan. williams@wildwoodlaw.com.

I hope you can take some time in the next few weeks to recharge. Spring is coming, COVID numbers are trending down locally, and if you did not appear in court as a cat this week, you are doing just fine. ~Christie

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Happy Valentines Day from the Rose who now goes to in-person school twice a week!!!

CCBA CLE:

CLARK COUNTY COURTS UPDATE

Presented by Hon. John Fairgrieve & Hon. Kelli Osler

WEDNESDAY, FEBRUARY 17, 2021 11:30 AM - 12:30 PM VIA ZOOM Please join us as Judge Fairgrieve and Judge Osler share the latest updates from Superior and District courts. This is a free CLE for CCBA members. 1 Law and Legal Credit has been approved. A Zoom link will be emailed to all current CCBA Members on Tuesday, February 16, 2021.

REGISTRATION FOR CCBA MEMBERS IS NOT REQUIRED. There is a $10.00 fee if you are not a current CCBA member.

Non-members can register on the CCBA Website.

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Dear Juris Prudence

Dear HELP! I sympathize with your plight. I also resonate with your anger.

Presumably opposing counsel and the opposing party are not part of the same household, are potential Covid-19 vectors (no one is immune), and are not observing mask and social distancing laws in public. Worst case scenario, they are typhoid Marys walking around without any symptoms infecting thousands of people in Clark County and causing many deaths or permanent injuries. Best case scenario, they both quarantined and then received negative Covid tests before sitting unmasked in a small conference room together. There is no way of knowing and there is really nothing you could have done differently. On the bright side, it’s possible that the arbitrator was also seething over opposing counsel’s recklessness and that factored into a favorable ruling for your client.

As a lawyer, you have a duty to represent your client and get the best possible outcome for them. In this case, that meant not disrupting the hearing over two maskless eejits sitting in a small conference room together in 10

Juris Prudence, I just finished an 8-hour arbitration via Zoom.

Throughout the proceeding, opposing counsel and the opposing party were sitting two inches away from each other in a conference room. They were not wearing masks, and not social distancing. This was incredibly disturbing, considering 300,000 Americans have died of COVID and numbers are rising. I was seething with anger, but also needed to respect professional decorum in front of the arbitrator. What should have happened in this scenario? Should the arbitrator/judge stop the proceeding until people comply with COVID safety rules?

Is it my responsibility to call them out? I reported the incident through the State’s COVID violation system, but it doesn’t feel sufficient. violation of the Governor’s Orders and World Health/ CDC recommendations. If you had spoken up, would that have accomplished anything? Even if they had put on masks and moved six feet apart, the damage (if one of them had Covid) is likely already done. You did the right thing by staying silent in the hearing and then reporting them so that the state can do contact tracing, if necessary.

Count your blessings that you were not expected to be at the hearing in person and could appear over Zoom.

Your (very justifiable) anger is magnified by feelings of powerlessness, uncertainty, and the fact that this pandemic continues to rage because people refuse to follow basic instructions. While you are in the right here (there is no legitimate reason for 2 members of different households to sit close together in an enclosed space with no masks), your anger is not helping you. It’s not a useful coping mechanism for this pandemic or for the many other dangers and stressors we face in our daily lives.

Anger doesn’t prevent drunk drivers, wildfires, tsunamis, earthquakes, floods, asteroids, war, mass shootings, etc.

Anger doesn’t protect anyone against Covid.

My “advice” is twofold: 1) accept the world we live in and 2) be “selfish.” Accept that you will never convince people to listen to doctors and scientists when they distrust doctors, scientists, and the government. Accept that you cannot appeal to people’s better angels if they don’t have any.

Accept that there are a plurality of unreasonable people

Dear Juris Prudence continued from page 10...

Washington Womens Lawyers The Clark County/St. Helens chapter of Washington Women Lawyers is holding a CLE event titled Courage to Cope -When you’re feeling stressed-out, burnedout and anxious. Here are the details: WHEN: Monday, March 8 from 12pm to 1pm WHERE: Remote attendance only. Please RSVP to receive the Zoom meeting information. The Zoom meeting will be generously hosted and sponsored

by Miller Nash Graham & Dunn LLP. RSVP: Please send your RSVP to meghan.williams@ wildwoodlaw.com. WWL membership is not required to participate.

CLE CREDIT: We will be applying for CLE credit, the application for which will be generously paid for by Mila Boyd at Uptown Injury Law. If you have any questions, please email Meghan Williams, our Chapter President, at meghan.williams@ wildwoodlaw.com.

Inns of Court Our next regular meeting will be Wednesday, February 17th at 5:30pm via Zoom. We will hear from the Judge Lewis and Judge Snider’s group. In addition, the board recently met and determined that we will hold the remaining meetings for this year via Zoom (February 17, March 17, and April 21). We are hoping for in-person meetings by the fall. Finally, Kristine Foerster, our treasurer, has accepted a new position as a federal prosecutor in Tacoma. We are so happy for her, but this means she has to resign her position as treasurer. Please send treasurer nominations by February 17th to me or any board member.

on this planet (and more than our fair share in this country).

Then take a page out of the Covid-denier book and put yourself first. Focus on yourself and do stress-relieving things that bring you joy. Whether that means hiking, walking, reading, listening to music, creating art, watching Netflix, exercising, calling a friend, talking to a therapist, baking, meditating, knitting, advocacy work, praying, mindfulness, yoga, volunteering, or dancing.

Now is the perfect time to pick up a new hobby. And of course, continue minimizing the risks to your own health by wearing a mask, social distancing, avoiding the general public, and washing your hands.

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.

If you are interested in joining, please email: jill.sasser@clark.wa.gov

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Therapeutic Courts Holiday Party: Finding Cheer in a Global Pandemic

By Bennett Brandenburg

For many of us, the holiday season is a time for jubilant celebration. Even in a global pandemic, underneath our masks, we wear smiles on our faces amidst the splendor of the holiday festivities. In reflection of all our blessings, we celebrate the most wonderful time of the year. For those in substance abuse recovery, however, the holiday season isn’t always so wonderful.

In addiction recovery, the holidays can bring up painful memories from the past that trigger the urge to relapse and fall back into self-destructive patterns. As a result of the pandemic, men and women in recovery are even further isolated during the holidays and struggle to secure positive recovery resources. Accordingly, for years Clark County Therapeutic Court participants always looked forward to the annual Therapeutic Courts holiday gathering to celebrate recovery and partake in the holiday wonder of a delicious meal, festive music, and photos with Santa. Those holiday party festivities were a light in the darkness of what is historically an emotionally difficult season, especially in addiction.

When the pandemic hit Clark County, many in addiction recovery felt all hope was lost.

Nevertheless, Clark County Superior Court Therapeutic Courts had the perfect idea to bring hope in a season of uncertainty: “Grab-N-Go Grinchmas.” Shauna McCloskey, Therapeutic Specialty Courts Coordinator, was chiefly responsible for the inception of this year’s holiday gathering. When she contemplated the pressures facing folks in recovery, Ms. McCloskey observed, “It’s often highlighted that connection is the opposite of addiction; our holiday party would be in total alignment with that and help, even if briefly, the isolation that COVID has brought upon our world.” Ever conscious of the struggles of Therapeutic Court participants, Ms. McCloskey encouraged Therapeutic Court staff to pitch in to make Grab-N-Go Grinchmas a reality.

On December 18, 2020, what once seemed improbable came to happy fruition as the official Clark County Superior Court Therapeutic Court’s Grab-N-Go Grinchmas.

Located in the parking lot at the Center for Community Health, members of Drug Court, Residential DOSA, Juvenile Recovery Court, and Family Treatment Court set up tents, strings of lights, and a host of tables stacked with an assortment of treats and prizes.

Even Santa Clause made time despite his busy December schedule to drop by in the line of events for families to safely pose for a quick holiday photo. If anyone ever wondered what a drive-thru holiday gathering looked like, this was it.

Despite the cold weather and fading sunlight, slowly but surely families showed up for a quick pass through the event to exchange holiday greetings and know they were not forgotten in the chaos of a turbulent and difficult year. Marisa Vachon, a recovery support specialist for Therapeutic Courts, commented on the importance of this year’s holiday event: “During this time in the pandemic I have seen a lot of relapses, struggles 12

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B + P

and difficulties faced by our participants. Being able to see them in person at the holiday event was really important for their recovery. The smiles on their faces were extremely heartwarming and I am thankful I was able to be a part of bringing joy to others.”

Indeed, there were smiles on the red, rosy cheeked faces (we’re assuming they were smiling…you know, on account of the masks). Participants proudly celebrating sobriety during the holidays, some for the first time in their lives, strolled through the holiday booths in joyful communion with their significant others and children. So often in Therapeutic Courts during the holiday season, we are humbled at weekly court hearings to hear our participants proudly declare, “I’m clean for the first time in years and my kids are so excited to spend time with me.” We hear these comments and remember not just how fortunate we are, but that we can be a part of the solution for those struggling in our community. Shalisse Kasper (pictured above) arrived with her family for a festive evening with her recovery community. She commented, “I loved being able to see my people! Our recovery community is AMAZING! Thank you, DOSA Team!” Each client’s recovery journey plays a pivotal role in the lives of their families, and in our community as a whole.

A common phrase in Therapeutic Cour ts is “people, places, and things.”

One of the core principles of addiction recovery is learning to change your people, places, and things.

While people, places, and things have changed for all of us this year, those battling addiction have been affected most. Fortunately, Clark County Superior Court Therapeutic Specialty Courts were able to bring loving people together this year for a holiday gathering. We were able to secure a place, albeit a slightly colder one, to host games, thoughtful conversation, and pictures with Santa. Lastly, as a Therapeutic Court family, the “things” we achieved through the Grab-N-Go Grinchmas kept the spirit of the holiday season: community, hope, and good will toward men and women. Thank you to all who came out and thank you to the legal community for continuing to support Clark County Superior Court Therapeutic Courts!

If you’d like to know more about Clark County Superior Court Therapeutic Courts, please give the website a visit and find out how you can support the recovery community. https://clark.wa.gov/ superior-court/therapeuticspecialty-courts

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r e y s t w La hear t e e w S

By Commissioner Jill Sasser

Dear Readers: It’s February, and just in time for Valentine’s Day, we have another edition of “Lawyer Sweethearts.” This month we are lucky to feature three sets of local lawyer/ judge sweethearts. Happy Valentine’s Day to these three couples, and to everyone in our community. We hope you feel the love from the people in your life, and most importantly, yourself!

Pamela Loh (Assistant Corporate Counsel at Jensen Hughes) and Judge Bernard Veljacic (Court of Appeals, Division II)

1. How did you meet? We met in class while attending college in early 1992. We were casually acquainted but our paths rarely crossed outside of class and we were dating other people at the time. We later admitted that we definitely noticed whenever the other entered the classroom or spoke up in class (Pam’s note: Bernard spoke up more than I did. Shocking, right?!) We returned to school in the fall, both single, no longer classmates but finding the opportunity to talk in the student union before our next class (but after Bernard finished up his foosball games and Pam watched “Days of Our Lives”). After several weeks we started dating, and quickly realized that we preferred spending time with each other over anyone else--we’ve been each other’s number one since then.

2. Best/worst thing about being married to another lawyer? Of course being able to discuss the law while we are folding laundry is very convenient! The worst thing is that each of us can argue like a lawyer. We’ve learned it is best to listen to each other for understanding, not to formulate a rebuttal.

3. Favorite thing about your spouse? Bernard really likes that Pam is charming, funny, and intelligent. Pam loves Bernard’s sense of humor, character, and karaoke skills.

4. Any fun plans for Valentine’s Day? In normal times, we would enjoy a date night. In light of the pandemic, we might have to settle for a cocktail by the chimenea and then immediately fall asleep by 9:30pm.

5. Anything else you want to share about being married to another lawyer? A marriage is hard work. Having a partner who experiences some of the same professional stressors means that they really understand how you feel. This understanding makes protecting our relationship and family from that stress so much easier.

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B + P 1. How did you meet? We met during our first year of law school. We were just good friends until I broke my foot the day before our criminal law final. Ryan gave up the day studying to take me to the hospital and we have been together ever since.

2. Best/worst thing about being married to another lawyer? Christine: I love being married to someone who can truly understand what my work is like and empathize with the daily joys and struggles of lawyer life. One of the things I don’t love about being married to another lawyer is the inability to vent about how any given case may be going without receiving their legal opinion thrown right into the mix.

Ryan: Being married to another attorney is a double edged sword. Having someone who knows the stresses and struggles of the legal practice can provide calming reassurance in some of the most stressful situations, but also often times results in a confirmation that you did in fact make the wrong choice.

3. Favorite thing about your spouse?

Christine: My favorite thing about Ryan is what an amazing and involved father he is to our kids. A close second is his ability to always make me laugh no matter the circumstances.

C+

R

Ryan: Christine is a brilliant and strong woman with a heart of gold.

She is an amazing mother and wife.

4. Any fun plans for Valentine's Day? With two kids under the age of three and a pandemic, we won’t be going out this year. Ryan, the cook in the family, will be making a very nice dinner at home for us.

S+R

Christine Hayes (City Attorney, City of Battle Ground) and Ryan Busby (Morse, Bratt, Andrews and Terry LLP) 15

1. How did you meet? Comm. Ellis: Ryan was working with Nathan Petersen and we would often go to lunch together to discuss cases and bounce ideas off each other. Then one day I invited Nathan and Ryan to happy hour but only Ryan could go and the two of us hit it off immediately.

We were married less than two years after that first happy hour.

Ryan: Lawyer Lust, an online dating site for attorneys… Through mutual friends (Editor’s note: This is a joke. There is no website known as “Lawyer Lust.” I doublechecked to confirm, in the event that such business might want to advertise in this magazine).

2. Best/worst thing about being married Commissioner Stefanie Ellis (Clark to another lawyer? Comm. Ellis: The best County Superior Court) and Ryan thing by far is that he understands what Rothermel (Petersen Law Firm) I mean when I say I had a rough day at work. This is high stress work and it is nice to be able to discuss difficult situations and have a partner that not only understands what I’m talking about, but who may also be able to offer helpful solutions on how to address it. The worst thing about being married to a lawyer….I’ll have to let you know. So far I think Ryan is pretty perfect.

Ryan: Every argument is logical and articulate.

3. Favorite thing about your spouse? Comm. Ellis: He can always make me laugh. I try not to give him too much credit in the comedy department because I don’t want it to go to his head, but he is always ready with a quick quip and is really quite hilarious.

Ryan: Our common interests.

4. Any fun plans for Valentine's Day? Comm. Ellis: No. I’ve never been one to celebrate Valentine’s Day. Ryan: Neither of us are into Valentine’s Day so likely a brewery, if open.

5. Anything else you want to share about being married to another lawyer? Comm. Ellis: I think the best thing about being married to Ryan is how unlike a lawyer he is in our personal life. Neither of us love talking about work when we aren’t on the clock so our weekends are spent doing home projects, trying out new breweries and watching sports. Taking this break helps both of us recharge and get ready for the work week again. Mostly I just really love being married to Ryan, the fact that he’s a lawyer is just a bonus.

Ryan: Best decision I ever made and consider that your Valentine’s gift :) 16

CCBA NUTS & BOLTS CLE WHAT EVERY PI DABBLER NEEDS TO KNOW ABOUT HANDLING A PI CASE Presented by: Craig Schauermann Scott Edwards Advice, how-to’s, and traps for attorneys in practice areas other than personal injury who find themselves counseling or representing a personal injury client. We’ll cover everything from case intake through settlement and litigation.

March 10, 2021 3:00pm - 5:00pm via Zoom 2 Law and Legal CLE Credits pending $30.00 for CCBA Members $40.00 for Non Members $5.00 for Non Attorneys

Re g is t e r o n th e CC B A We b si te !

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The Young Lawyers Section of the Clark County Bar would like to introduce its new Board for the 2021 year...

L E I L A

A R E F I

-

P R E S I D E N T

Leila is a criminal defense and animal rights attorney at Vancouver Defenders. In addition to her service as the President of the Young Lawyers Section, she also serves as the secretary of the Animal Law Section for the Washington State Bar. Leila received her undergraduate degree from The University of Louisiana at Lafayette in Political Science with a concentration on pre-law and a minor in Criminal Justice. Leila is graduate of Southern University Law Center in Baton Rouge, LA and also received her LL.M in Animal Law from Lewis & Clark Law School in Portland, OR. In her spare time, Leila enjoys hot yoga, painting, and exploring the PNW with her two beautiful rescue dogs, Joseph and Jolee.

A N N A

V U J O V I C -

V I C E

P R E S I D E N T

Anna graduated from Portland State University with a Bachelor of Science in Criminal Justice and is currently a family law attorney at Elizabeth Christy Law Firm. Anna has been a board member of YLS since 2018 and currently serves as Vice President. Outside of the office, Anna enjoys spending time with her friends and family and taking her Chihuahua-corgi, Rambo, on adventures in the PNW.

B E N N E T T

B R A N D E N B U R G - S E C R E T A R Y

Bennett practices criminal defense and personal injury at The Brandenburg Law Firm. He also serves as Clark County’s defense attorney for participants in Superior Court’s Residential DOSA program. He attended George Fox University for his undergraduate degree and then graduated from Washington’s APR 6 law school program in 2017.

Bennett enjoys playing music with a local soul band called Glitter & Grits, golfing, and sipping a fine beverage at one of Vancouver’s local breweries or coffee shops. He and his wife, Crystal, live in the Lincoln neighborhood in Vancouver and are the proud owners of an eight-year-old long haired miniature dachshund named Happy.

O W E N

S U T A N T O - T R E A S U R E R

Owen is from Los Angeles, CA and attended Law School at Whittier College School of Law. Owen was admitted to practice law in California in 2018 where he worked in Personal Injury. Owen moved to the Pacific Northwest in January 2020 to be with his wife Teela. He was admitted to practice law in Washington in 2020 and now practices as a Criminal Defense attorney with Vancouver Defenders in Vancouver, WA. He lives with his beautiful wife Teela, their Corgi Poppy, and their little flock of rescued chickens. In his spare time, Owen enjoys paintballing, helping any animal in need, and eating all thefood his new home has to offer.

D A V I D

C O M M I S S A -

S O C I A L

C H A I R

David is a serving as the Social Chair of the Young Lawyers Section. He is from New Smyrna Beach, FL. He is currently practicing Criminal Defense, Family, and Personal Injury Law.

The Young Lawyers Section (YLS) is dedicated to supporting and welcoming new lawyers in Clark County to the practice of law and to our legal community. Generally, the Section meets for monthly happy hours and various social, networking, sporting, and philanthropic events throughout the year to foster a spirit of camaraderie and 18

mentorship among each other and the senior members of the local bar. The YLS also hosts a CLE for young lawyers in Clark County each year. However, due to Covid-19, our events will look a little different for the foreseeable future.

The YLS is currently looking for senior attorneys in the community who would like to serve as mentors for young lawyers to touch base with periodically on legal questions that they may feel timid asking their boss or law firm or simply want a fresh set of eyes to help assess the best plan of action on a matter. Further, the mentor could provide practice tips, local customs, and resources as well as guidance and reassurance to their mentee.

Additionally, the YLS is currently planning a series of one-hours CLE’s via Zoom for the coming year. Prior to the pandemic, the Section had several events in the works such as a volunteer day at Odd Man Inn Farm Sanctuary, Couve Cycle, and various sporting events. The planning of these activities will resume once it is safe to do so.

Though our work and presence in the legal community is different due to the pandemic, the YLS is still here and excited to help make Clark County Bar a place for new lawyers to feel supported in the legal profession.

Anyone who is interested in joining the Young Lawyers Section or participating in the above-mentioned Mentoring Listserv, please contact our president, Leila Arefi (larefipour@barrarlaw.com) for more information.

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You r CCBA Executive di rector is kind of a big deal....

On January 6, 2021, Clark County Bar Association’s very own Executive Dirctor was awarded the WSBA’s Professionalism in Practice award. Lisa Darco is an exceedingly excellent Director in every aspect, but her professionalism is beyond compare. We are lucky to have you Lisa, and we are so proud of you for earning this well deserved award.

Clark County Bar Executive Director Lisa Darco Receives Professionalism in Practice Award.

The WSBA was proud to shine a spotlight on someone who rarely vies for it yet is instrumental in nearly all aspects of the Clark County Bar Association (CCBA), by presenting Executive Director Lisa Darco with the Professionalism in Practice (PiP) award.

PiP awards are given to those whose behavior exemplifies professionalism, based on nominations from friends and colleagues who believe their actions significantly advance professionalism in the legal community.

And, according to Darco’s enthusiastic nominator, former CCBA President Jill Sasser, “Lisa epitomizes the ideals of professionalism.”

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Having worked at the CCBA for nearly a decade, Darco began in the role of office manager, but by a vote of the CCBA Board of Trustees was quickly reclassified as executive director in order to recognize the myriad contributions she makes. Working quietly behind the scenes, Darco has a hand in almost everything the CCBA does to support its members and carry out its mission, while displaying outstanding organizational skills, professionalism, and creativity in her work.

To name a few of Darco’s regular contributions: she coordinates CCBA continuing education programs, manages multiple social events for CCBA members, handles production of the monthly Hearsay magazine, identifies new benefits for CCBA members, answers member questions, organizes swearing-in ceremonies for new Clark County lawyers, handles finances, and even answers the phones when needed. As part of her role, Darco works closely with each new CCBA president and has been the consummate professional and problem-solver with each of them.

“She never says it’s not her problem,” Sasser said. “Lisa says ‘here’s the solution’ — every time.”

Darco also regularly identifies opportunities for the CCBA to give back to the local community. She spearheaded a project for the CCBA to support low-income housing for seniors, which has been ongoing for the past several years. And Darco has continued to provide top-notch support for CCBA members and coordinate bar programs despite the many challenges of the COVID-19 pandemic.

WSBA President (and Vancouver-based lawyer) Kyle Sciuchetti helped the CCBA surprise Darco with the PiP award at the CCBA Trustees virtual meeting on Jan. 6.

“Lisa Darco embodies the spirit behind the Professionalism in Practice Award. Every day, there are people who quietly provide exceptional professionalism, integrity and collegiality for Bar members and the public. Today was an opportunity to highlight the importance of Lisa’s contributions,” said Washington State Bar President Sciuchetti.

Article was previously published by the Washington State Bar Association. https://www.wsba.org/news-events/media-center/media-releases/clark-county-barexecutive-director-lisa-darco-receives-professionalism-in-practice-award-jan.-6-2021

Animal Law: Raising the Bar for Animals

By Leila Arefi

Ahhh, Animal Law. When someone hears the term “Animal Law”, most people automatically think of laws that might surround companion animals or those pets that we commonly have in our homes that we interact with daily: dogs, cats, hamsters, guinea pigs, and the occasional bunny rabbit; however, animal law encompasses so much more.

Animal law can be addressed at the state and local level as well as the federal level depending on the case. As legal practitioners, we all need to be aware of this area of law and the avenues for advocacy under the umbrella of animal law even if it is not the primary focus of our legal practice. “Why?”, you might ask. Well, animal law is a unique area of law that will reach out and touch every area of law. As diligent attorneys engaged in the noble profession, we must not miss an opportunity for advocacy. We need to raise the bar for animals and speak up for them in our cases where their rights and liberties are compromised.

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Whether your practice area is criminal law, family law, contract law, sports and entertainment law, tort law, personal injury law, or any other area of law; animal law is intertwined. For this reason, an animal law related case will most likely come across each of our desks at some point in our legal careers. For example, people going through divorces often feud over the custody of the family dog. Domestic violence cases often involve the abuser harming or killing the victim’s animal to further abuse the victim. Animals are at the center of various contracts such as horse racing contracts, breeder contracts, housing contracts, and many other types of contracts. Animals that are used as sports mascots are subjected to contract law as well as sports law. Animals in movies and TV shows are the subjects of entertainment law. Animals are abused in factory farms where worker rights are jeopardized as well as insufficient federal protections of animals are not enforced due to ag-gag laws. Factory farms are strategically set up in lower income neighborhoods which calls in housing issues, civil rights law, human rights law, and real estate law. Animals are also subjected to horrific testing, experiments, and even death with no pain relief in medical and cosmetic testing which is approved and funded by the federal government. Animals are involved in car accidents with their owners where personal injury law comes into play. Some insurance companies even have provisions within its policies to cover veterinary bills for animals harmed in car accidents which can become a problem for a client seeking additional compensation for bills or the loss of their pet. Unfortunately, these are just a few instances of the interconnectedness of animal law and other practice areas of law.

The prospect of advocating for a case that involves some aspect of animal law can be unnerving even for the most seasoned legal practitioner because animal law is still developing; however, animal law is growing quickly which is great news for animals and attorneys alike. During

the 2019-2020 Washington State legislative session, there were over thirty animal law related bills on the agenda. Depending on the case, the most obvious place to start with any animal law case is to look at local ordinances, jurisprudence, statutes, and federal code articles; however, because laws directly protecting the rights of animals are either nonexistent or insufficient, an attorney may need to get creative.

Sometimes the best way to advocate for an animal is to examine the effect that the harm to the animal had on a human, essentially shifting victimhood from the true victim, the animal, to the secondary victim, the affected human. For example, a New York Court found that a defendant was guilty of multiple crimes as well as aggravated animal cruelty because the defendant stomped a child’s fish to death, who was writhing on the floor, after he had thrown the aquarium that the fish was living in into a TV. (See People v. Garcia, 29 A.D.3d 255 (N.Y. App. Div. 1st Dep’t 2006). In this case, there was much emphasis on the young child as the fish was the child’s pet; however, it is debatable whether the outcome would have been the same had the animal been a wild opossum or rat where no person had suffered as a result of the crime in addition to the animal.

Another stance to take in animal advocacy depending on the case would be to argue “personhood” which is not synonymous to “human”. For example, a river in New Zealand was granted personhood. Further, a Chimpanzee named Cecelia was granted personhood in Argentina and was released from her confinement through a writ of Habeas Corpus.

(See https://www.nonhumanrights.org/). Though a more difficult argument to make considering the state of animals’ rights in the United States, it is something for every attorney to keep in their back pocket.

Additionally, in situations where there are some laws that are in place and the laws are not effectively enforced, there is a loss of or lack of evidence that otherwise would have been available to counsel. Due to this, it is important for an attorney to work fast to preserve whatever evidence may be available through discovery and Freedom of Information Act requests.

These are just a few examples of how animal law cases have been advocated for in the past. Ultimately, there are almost as many ways to advocate for an animal law case as there are attorneys engaged in the practice of law. The task of advocating for an animal may seem trivial to many; however, animals suffer silently and deserve every protection that can be afforded to them. The law has a way of overlooking the suffering of an animal due to their current status, but it is up to us to be their voice in courtrooms. We must always remember and make it known to judge and juries that they are sentient, they suffer, and they have no voice to say “I have been hurt, I shed blood, I have suffered”.

We must be their voice.

Any attorney looking for resources on animal law and advocacy can reach out to the Washington State Bar Animal Law Section (https://www.wsba.org/legal-community/ sections/animal-law-section). The Animal Law Section provides information, publications, and CLE’s each year on various topics in animal law.

Additional resources are available here: -

https://www.animallaw.info/

-

https://aldf.org/

Law Library How to Search for Cases in Westlaw 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. Our subscription covers primary law from all states and federal, as well as many secondary sources and practice aids such as Washington Practice, Am Jur, sample pleadings, etc.

When looking for cases, you can start with either the name or citation of a known case, or do keyword searching to look for cases on a point of law.

Searching by name or citation Type the citation or party name into the search box. Suggestions will appear as you type, and you can select the correct case when it pops up. Before searching, you may want to set your jurisdiction in the box directly right of the search box.

Searching with keywords You may run either a plain language or terms and connectors search in the search box.

After you run your search, the results page displays.

This page gives a sampling of results of different types.

The left column titled “View” lists content type, and you can select Cases to see only cases.

The default display for cases is by relevance.

A drop-down box above the results allows you to change this to a different sort order such as by date or most cited.

There are also filters along the left edge that you can use to limit by the subject matter of the case, publication status, a particular judge, etc.

You can search within your results by using the box in the left column. Be aware that the Search within results feature uses Boolean Terms and Connectors (more on this in the April article). A plain language search will not work correctly. If you run a search and start reviewing the cases that result, Search within results is a great way to further narrow the results list based on what you learn about which cases were found.

Related documents display on the right of the screen. This shows secondary sources, trial court documents, and briefs that are related to your search results.

You may also change how much of the case displays on the results list of cases.

On the bar above the list of cases in the top right you will see a box with one, two, or three lines in it next to the box with the envelope for email. You can click on one line to see just the name of the case, the date, and the citation, two lines to show your search terms in context within two paragraphs, and 3 lines to show your search terms in context within four paragraphs.

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Bookkeeping

Tips

by: Emanuela Sandri | Attorney Bookkeeping Services, Inc. Options to Close Open Windows in QuickBooks Desktop Following are three options to close open windows in QuickBooks Desktop: 1. Each open window has an X in the upper right corner. To close a window, click the X in the open window. (Note: The X in the upper right corner way at the top closes QuickBooks.)

2. Press Esc (escape) key on the keyboard to close the open window that is on the screen.

To close multiple open windows, press Esc several times until the gray screen appears, which indicates all windows have been closed.

3. To close all open windows in one shot, in the top menu bar, click Window and then click Close All. When the gray screen appears, all windows are now closed.

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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Volunteer of the Month: January 2021

Anne Ajayi

terminally ill clients of all ages have gained comfort in making end of life plans. People living in poverty have assured the few possessions they have go to those they care about most. Entire families find peace in knowing "all this messy legal stuff" is taken care of.

Anne is not simply a stellar attorney though.

Anne began volunteering with our organization She has an open and compassionate heart, a biting sense of humor, and a serenity that puts in 2018, and has since contributed nearly 80 her clients at ease. hours. While definitely a "Jill of all Trades", knowledgeable in landlord/tenant, real estate, At CCVLP, our vision is that everyone in our and family law issues, she has been most influential at CCVLP in our Elder Law program. community, regardless of ability to pay, has equitable access to high quality attorneys.

Anne has not only been a key player in making Clients who work with Anne in private practice will and estate planning services possible for our are lucky to work with "one of the best", and those she serves pro bono with us benefit from clients, but has been instrumental in that same excellence. streamlining our processes to increase our capacity, efficiency, and quality.

Because of Anne's leadership in this work,

For all of this and more, we are delighted to call Anne Ajayi January's volunteer of the month.

January 2021 Attorney Volunteers: Solo Practioners/In-house counsel/ Emeritus: Cliff Coulter Sharon Cousineau Ed Dawson Nelli Doroshkin Jeffrey Holmes Philip Foster Juliet Laycoe Joseph Mintz Jeff Peterson Mercedes Riggs Allison Widney

Law firms: Caron, Colven, Robison, & Shafton: Benjamin Moody Etengoff Pak Law Group: Nicholas Alexander Gevurtz Menashe: James Lutes Navigate Law Group: Chelsie Elliott, Tanya Green, & Amber Rush Northwest Justice Project: Jeff Keddie & Laurie Garber Stahancyk, Kent, & Hook: Anne Ajayi & 27 James Wriston

Animal Law: Raising the Bar for Animals

A Pair of Paralegals

By Roger Priest

Erin Arata Battle Ground City Attorney’s Office Paralegal to Christine Hayes

Erin Arata is the first paralegal to work for the Battle Ground City Attorney’s Office, which was first established in August 2017. Erin was brought into the department in January 2019, having previously worked as a clerk for the Battle Ground Municipal Court. As this was still a relatively new department, she was tasked with the unique responsibility of creating and implementing new processes to streamline the functions of the department. With her extensive

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knowledge of court functions and prior experience as a paralegal, she was able to utilize her unique skill set to exceed all expectations in undertaking such a task. She single handedly created a new filing system that had never before been used within the City. Prior to Erin joining the department, several systems had been tested, but were not successful in satisfying all of the external needs of the many agencies that work with the department on a day-to-day basis. Erin created a master file index which uniquely categorized all files and case types handled by this office. Once a file name/number is assigned, it is then attached to both a physical and electronic file, which are both connected to associated e-mail correspondence. This allows any document that flows through the office to be easily maintained in both a physical and electronic format such that all other individuals and agencies in need of the documentation are able to obtain it in a format suitable for their unique systems.

Erin’s job is highly demanding and it often requires her to work long hours, but she constantly exceeds expectations without any real complaint (just a bit of well-placed sarcasm and humor). When Erin actually takes time away from her work, she enjoys rock climbing, standup paddle boarding, skateboarding, and practicing yoga. She has a unique ability to remain calm under any circumstance and ensures everyone around her is able to keep a smile and truly enjoy being able to work with her each day.

Brittany Gray Peterson Law Group 1. Hometown – I was born in Spokane, WA. 2. Favorite legal movie or TV show – There are so many legal shows and movies that I love to watch. If I had to choose just one, I think I’d pick the movie “True Story”.

3. Favorite drink – This is a hard one! There are so many to choose from! Coffee is for sure on the list, flavored lemonades, Mint Julep’s are refreshing or even a dirty martini with blue cheese stuffed olives. Depends on the day and season!

4. Something you love about your job – I love that every case is different and no day is the same. I also love fact that I am continually learning and expanding my knowledge.

5. Hardest thing about your job – The hardest part of my job is keeping emotions hidden to clients when they/their children are in terrible situations 6. First thing you’d buy if you won the lottery – The first thing I’d buy if I won the lottery would be a large plot of land to build a large house on!

7. If you could go anywhere in the world on vacation all-expenses paid, where would it be? – I have always been interested in traveling to Greece or even a cruise around the Greek Islands!

8. What’s the coolest car? – I think the coolest car is the Bentley Continental GT. 9. Favorite dessert – My favorite dessert is red velvet cheesecake!

10. Favorite musician or band – My favorite musician is Billie Eilish!

11. If you had to live in another time besides the present, which would you choose and why? I think I would choose to live during the 80’s. The music, the hair and makeup, I think it would have been fun!

12. What’s your best scar story? – I actually don’t have a cool scar story :/.

13. Who was your childhood celebrity crush? – I would have to say Ryan Gosling although there were a lot!

14. Iphone or Android – TEAM IPHONE! 15. Worst high school job – My worst high school job was probably attending high school. I was working two jobs during so it was a lot to juggle back then on top of the sports I did.

16. Who is your mentor? – I am not certain I actually have a mentor. I have had to figure a lot out on my own. I do look up to my friends and family for all the support I receive from them though!

Clark County Bar Association

HEADER (CHANGE ON MASTER B)

CCBA BOARD OF TRUSTEES MEETING MINUTES CLARK COUNTY BAR ASSOCIATION January 6, 2021

Minutes for the CCBA Board of Trustees Meeting January 6, 2021 Virtual Meeting Via Zoom Called to order 12:25 Emrich, Larson, Phelan, Aquadro, Melnick, Gasperino (Darco present) Lisa Darco received the Professionalism In Practice award from the WSBA. Guests present for Washington State Bar Association Award: Kyle Schuetti, WSBA President; Terra Nevitt, WSBA Executive Director; Jennifer Olegario, WSBA; Sue Strachan, WSBA; Sara Niegowski, WSBA; Commissioner Sasser. Lisa was nominated for the award by Commissioner Sasser in recognition of her hard work, creativity, humor, intelligence, problem solving, and ability to keep the CCBA moving forward in a positive manner. The WSBA recognized Lisa for her contributions. We are lucky to have her as our Executive Director!

December 2020 board meeting minutes: motion to approve (Phelan/Aquadro) Approved Treasurer’s Report (Melnick): Darco took on a project to compile four years of financial history data in order to give context to analyze current revenue and expense patterns. The CCBA will have its first negative month in a while. However, it is normal due to revenue patterns.

Ongoing Items Trustee Assignments Hearsay: Gasperino has no updates Social Committee: Phelan said they are meeting this week. The coffee cart went well. Thank you to the Peterson Law Firm for sponsoring! The Hearsay Committee also meets this week.

Membership: Aquadro said they are working on a launch and involvement/engagement

Previous Action Items Clark County Courts Processes Evaluation (Emrich) The committee provided a survey about court processes to the Superior Court judges for review

Current Action Items Membership Update (Darco) 391 members as of 1/5/21. 43 people remain non-renewed. Board members will remind people they know to renew.

Law Library Board of Trustees (Emrich) Two CCBA members are appointed to serve on the law library board. Presently Rachel Brooks and Meridee Pabst have served on the board for many years. An article will be written for The Hearsay to publicize this 30

board and the CCBA members’ service as board members. Awaiting information on which judge will replace Judge Veljacic as the liaison.

CCBA Office Lease (Emrich) The current lease expires 2/28/21, there is an option to renew with a 3% rent increase. Discussed issues with current office space: need additional storage, a few supplies are rented because they can’t be stored; safety; not always easy to find. Considering other space options that are within budget, near the present location, and have conference space. Discussion of space available at Phelan Law Firm that would be less isolated, have storage space, and provide space for social events outside. Christina Phelan abstained from all discussion.

Emrich will forward details for a later vote.

Dues Modification for Indigent Defense Contractors (Emrich) Discussion regarding whether dues fees should be lowered for this group. Agreed it would have to encompass public interest law lawyers. Issue tabled to determine how many attorneys practice in public interest law areas and how lowering dues for PIL attorneys would impact the CCBA budget.

Adjourned 1:05

Representing Injured Workers on Their Washington Claims

Law Office of Steven L. Busick

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

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Clark County Superior Court

BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT January 12, 2021

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.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 Welch (cwelch@sussmanshank.com). Dan Lloyd (Dan.Lloyd@cityofvancouver.us ) udge Vanderwood (Derek.Vanderwood@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 Vanderwood: Minor guardianship update - Stay was put in last month; may go to summer.

Won’t see implementation until then. Other issues in family law, we welcomed Judge Sheldrick.

On the criminal side, we have suspended jury trials. That extension continues into February.

We’ll continue to evaluate into February and reassess.

b. Judge Fairgrieve: As Judge Vanderwood indicated we extended the mortarium through February.

We looked at prevalence of COVID in community and inmates at jail to determine. Other factors were solicited from defense bar were / will be considered. Other aspects of criminal world, jail decided, as of the 4th of January, they will not process paperwork, a process we all agreed on. Now using USPS to get the signed documents back to defense counsel.

Number of conversations about this issue and the impact it will have on processing and sentencing. It was a Sheriff and Chief of Jail decision. In court, slots were decreased, at about 50% of usage, for change of plea. Unfortunately, if we can’t get paperwork processed it hinder our change of plea process. As most are aware, 95% of felony are change of plea and sentencing.

Solution is hiring a person, supervised by indigent defense, to facilitate paperwork thorough jail. Also using Zoom to conference with clients in jail. No immediate fix, probably 60 days out.

Better idea the impact next month.

i. Lindsey: On that topic, we’ve been given the go-ahead to move forward with temp employee that should move us through much faster. Zoom calls may permanent thing, we don’t want to wait 60 days. If everything moves forward like it should, can be in place in two weeks. Details will be worked out but moving forward.

ii. Fairgrieve: Court is working with defense counsel and their ability to work with clients in jail. Concerns about going into jail etc., during COVID. Very few practitioners are physically going into jail. Has been feedback that they are having problems making contact with client. Zoom process we’re talking about addresses that; Identify four conference rooms in jail to engage in Zoom calls with clients. We will be continuing issue with social distancing for the foreseeable future. Docket wise, we’re ok now, no pressure to change docket structure. Prior to pandemic we had 60 slots a week, now at 40 and not making use of slots. We need to process cases, way behind, net effect is large number of cases on readiness docket.

iii. Matthew: Temporary employee will be in soon. Talking with IT to have video schedule on our website to block out time for defense attorney to Zoom with their client; Will have break-out room to protect confidentiality.

c. Curtis: Only update I have is mock trial. Tourney next month. Scrimmage went well, all the students got a lot out of it, very little snags.

d. James: From the civil side, with Judge Sheldrick’s appointment, Taylor Hallvik has been promoted to Chief Civil Deputy for the Prosecutor’s Office. Regarding the COVID outbreak in the jail, the number of infected inmates has declined significantly and appears to be holding at less than 10. This is a positive development, but the situation is obviously dynamic.

e. Rachel: Election in our elder law section, Julie Payne is President, we are working on forms, and formed a small committee.

f. Dan Lloyd: County is putting on recruitment for chief civil attorney. Possibly later this month. City hired recruiting firm to recruit statewide. Question for Curtis, will you circulate for recruitment for raters?

i. Judge Fairgrieve will get word out.

ii. High School Tournament 23, 24, 25 of Feb. at 5:30. 12 teams. Broad swatch of teams. YMCA is sending down how everything will be operated. As far a soliciting for participants, I solicit for judicial, Jill Sasser will be sending out for attorney raters.

g. Jessi – Wanted to updated everyone on the services we offer. Doug Stevens offers courtroom prep to work with pro se for speaking and presenting well. Now, of course. over Zoom. Anytime the bench has feedback on Zoom, what is helpful or not, pass it along and I can get that info to Doug.

h. Sean: Criminal issues I wanted to touch on. Access to jail by defense attorney. Policy is professionals need n95 mask, front desk at jail was not aware jail was supposed to provide if they didn’t have one.

Other big change, new case law, State v. Gelinas, defendant’s presence not required except for certain hearings like readiness. Court rule coming out soon. Court should only require presence at hearing for change of plea, sentencing.

i. James- Some departments are will to do it, and others are not, has led to confusion.

ii. Gelinas good law at least until Feb 1.

i. Philippe: Tons of housing cases we’re seeing. Grappling with and will be for the future. Those issues at the forefront. Family law attorneys working with folks for the minor guardianship. Fair amount of bankruptcy, working to expand that. Still accepting referrals. CLEAR still main intake, but they can reach out to Vancouver office directly if it’s an emergency.

j. Jolene – new minimum wage, don’t have a new self-support reserve. On Friday is when Jill Sasser gets investiture as new commissioner. My last meeting. I am recommending Le Anne Larson takes my place.

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