June 2021 Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

June 2021

February 2020 2019 December

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.

June Hearsay Contributors Deb Wechselblatt Clark County Prosecutor’s Office Deb is the Senior Deputy Prosecuting Attorney and Chairperson of ARC, the Action and Reform Committee.

Judge Chad Sleight Clark County District Court Judge Sleight began serving as a judical officer for Clark County District Court in February of 2017.

Audra Morrison Clark County Volunteer Lawyers Audra has been the Program Manager at the Clrk County Volunteer Lawyers Program since 2018.

Clark County Prosecutor’s Action and Reform Committee page 10

Judge Hagensen Retires page 12

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Meet the 2021 District Court Bench Candidates page 18

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President’s Message by: Christie Emrich

Dear Members,

It’s June which means summer! Do you remember the joy of summer as a kid? Popsicles, sprinklers, and sleeping in made for perfect summer days. And if you heard the jingle of the ice cream truck and had a dollar, then the day was complete perfection. Doing cartwheels on the grass, sporting skinned knees from your last bike accident, and playing outside until dark was all you had to do.

Summer vacation takes on a different look when you are all grown up with a mortgage. For some reason you don’t get three months off?!? And you become way more interested in sunscreen and air conditioning. BBQs (I really want a Traeger for my birthday this year in case anyone needs/wants to know) and cold summer shandies become the high point of your social calendar.

Usually, summer is a pretty quiet time around the courthouse. People take vacations and most professional organizations take a break and reboot their activities in the fall. But this year, it seems like we are just gearing up for a busy season instead of winding down. District Court will have two Departments appointed by the county council. Profiles of the applicants are in this issue and the Bar is hosting a preference poll for Department 6. Please participate and let your voice be heard.

Speaking of hearing your opinions, the CCBA will be sending out a survey this summer regarding court operations. Keep your eye out for our email – we want to know what is working and what isn’t. What procedures would you like to see continue post-COVID? And if you have a colleague that is not a member of the CCBA, encourage them to join. We want to hear from everyone because the changes at court and on the bench will be impacting us and our clients for years to come.

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Toward the end of the summer, we will be hosting our first big social event.

Yes, friends, the Barrister’s Ball is back and it’s moved outside. More information to come, but we are planning on good food, music, and a little lawyer lemonade to get you all back into the swing of socializing. If your firm is interested in sponsoring, reach out to our social chair Christina Phelan.

Last year a lot of typical summer activities were put on hold. This year our calendars will be packed as we play catch up from the COVID backlog and try to make up for all of last summer’s canceled plans. Regardless, I hope you get a chance to get outside, enjoy the sun, and perhaps treat yourself to an Otter Pop or two. ~Christie

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Clark County Prosecutor’s Action and Reform Committee – A Group Working for Systemic and Institutional Change by: Deb Wechselblatt (they/them) Senior Deputy Prosecuting Attorney and Chairperson of ARC As a founder and chair of the Action and Reform Committee (ARC) within the Clark County Prosecutors office, I am proud to have been asked to write about our group and accomplishments to date.

Formed in July 2020, ARC is a group of attorneys and other legal professionals in the Prosecutor’s Office. The founding mission is to comprehensively examine and improve how the office evaluates and resolves cases, with particular attention to how these processes disproportionately impact people of color and other marginalized groups.

As part of initial efforts to increase outreach and dialogue, ARC partnered with multiple organizations to cosponsor a diversity and equity forum that was attended by several hundred people virtually, including judges and community members.

This forum was a beginning step in a community-wide conversation about how attorneys and others in the criminal justice system can identify and address systemic and institutional racism.

In response to the police-involved deaths of two young black men, and community calls for body cameras, ARC added its support by writing a letter to Clark County legislative bodies requesting funding for body-worn cameras for all local law enforcement agencies.

Internal efforts by ARC include updating recruitment and hiring processes, instituting a standard process to review implicit bias prior to making charging decisions, and facilitating ongoing anti-bias training.

Following a listening session with the local criminal defense bar, the office published its criminal guidelines online to make them readily accessible to the community and as the first step in ongoing work towards increased transparency.

At ARC’s recommendation, the prosecutor’s office expanded eligibility for diversion and treatment programs and work is ongoing to shift policy for charging certain status offenses. While these policy changes occur, ARC is also advocating for better data collection to track outcomes and focus future efforts.

There is much work to be done, and we welcome those in the community to reach out at CCPAARC@clark.wa.gov.

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Marc Christianson

Janet George

Elizabeth Michelson

David Starks

Jamie R. Walker

Gordon W. Wilcox

Leadership in Family Law Six McKinley Irvin attorneys are distinguished as Fellows of the American Academy of Matrimonial Lawyers (AAML).

Recognized as leaders in their field, our team is continuously committed to the AAML’s purpose to “provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law.”

we protect what our clients value most.

360.448.2631

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

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Judge Hagensen Retires by: Hon. Chad Sleight

After nearly 16 years on the bench in District Court Department 6, Judge John Hagensen is retiring at the end of June to spend time with his family and pursue his numerous other interests.

I was given the privilege to interview him and write this article because Judge Hagensen (“John Boy” or “John John” to his those who know him best) and I share many things in common. We both grew up in Camas, our families have a long history in the Camas-Washougal area, we played football and basketball for Camas High, graduated from CHS 23 years apart, both worked with Robert (Judge) Lewis at the Knapp O’Dell law f irm, both prosecuted cases for the City of Camas, and ended up together on the District Court Bench.

Judge Hagensen jokingly asked me at the end of our sit down if it felt like I was writing my own obituary?

(Yes…it did!)

John graduated from our beloved Camas High School in 1973. He began dating his future 12

wife Dawn during his Senior Year. However, Dawn went to Washougal High.

Anyone who knows anything about the rivalry between the two cities (especially back then), knows that this type of behavior is generally not acceptable. But Dawn was the Homecoming Queen and John had numerous family members who lived in Washougal, so permission and blessings were given for the courtship. John was an incredible athlete, excelling in both football and basketball. After High School, John went to Clark College on a basketball scholarship. He then went to Central Washington University to play football and earned his Bachelor’s Degree in 1978.

John and Dawn married in 1978 and soon started a family. John began working in the family business (the famous Fern Prairie Market in Camas), and after a few years began working on his MBA from Portland State University. His Business Law professor suggested that he consider law school after recognizing real aptitude in John during his time in that class. John followed that advice, enrolling at Lewis and Clark Law school in 1986. At that time, John and Dawn had 2 children (a 3rd would be born while he was in law school), and he was working in the legal department of Portland General Electric. Balancing the duties of Husband/Father, Law Student, and working for PGE was no easy task. John often rose at 4:30 am so that he could be at the Lewis and Clark Law Library early to study. He set his school and work schedule to ensure that he was home with Dawn and the kids every night.

Law school graduation happened in 1989, and John secured a job at the Knapp O’Dell law firm in Camas as an intern while waiting for the results of the Bar Exam (his bar exam story could be the subject of its own article!!). The job at the law firm was contingent on him passing the bar, and John suffered some worrisome nights not knowing what he was going to do if he did not pass. He never had to worry about that, of course, because he passed and became an Associate. At the firm, John prosecuted misdemeanor cases for the City of Camas, did criminal defense work up in Skamania County, worked on Port of Camas/ Washougal matters, and did other general practice legal work given to him by the senior attorneys. He shared a funny story involving working with Judge Lewis that I absolutely have to share: [Robert walked into my office day with a file in his hand and asked if I wanted a divorce. I said “yes…but I can’t afford the alimony.”

Robert did not say anything, and left my office with the file. Thinking that I had offended him or was in trouble, I got up and walked down to his office to get the file and start work on the case. Instead of being in trouble, Robert laughed and said “you are a pretty funny guy.”]

John left Knapp O’Dell in 1991 and opened his own law practice, focusing on criminal/family/business law, and estate planning. Attorney Tom Foley eventually joined as a Partner, and the firm had offices in Vancouver, Camas, and Stevenson.

In addition to his thriving law practice, John also served as a Port Commissioner for Camas/Washougal from 1998-05, and on the Camas School Board from 200205. I honestly do not know how he was able to balance being Dawn’s husband, father to 4 children, running a successful law practice, and being both a Port Commissioner and School Board Member. It certainly demonstrates a special commitment to family and community.

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Judge Hagensen credits Superior Court Judge Tom Lodge as being the person who first made him think about becoming a judge. He began to think of a move to the bench as both something he would enjoy and be good at (both turned out to be true). When the State approved the addition of Department 6 to Clark County District Court, he decided to seek the position. Three finalists were selected, and Judge Hagensen was appointed to the Bench in 2005. I asked him what his favorite thing was about being a District Court Judge: “In District Court, we are in a position to change lives. We strike a balance between punishment and assistance.” Personally, I found that to be an outstanding answer something I have often felt myself. Judge Hagensen also credited his relationship with his Judicial Assistant, Sherry Bell, as one of the highlights of his judicial career. He described them being “wired” the same, that they approach problem-solving in a similar way, and that he sees their partnership as a well-oiled machine. I also asked him about his judicial philosophy: “Whether it was on the bench hearing cases or in his past role as Presiding Judge for District Court, I strive to take a common-sense approach to justice and administration.”

Judge Hagensen will have no trouble finding things to do in his retirement.

Both of his parents are still alive, he and Dawn have four children, 5 grandchildren, and many other family and friends that he is looking forward to spending time with. And he is a “car guy.” Not only does he have his own classic car (or two??), but he enjoys travelling to car shows.

At the close of our time together in his office, I asked Judge Hagensen how he wanted to be remembered. He told me that he hoped people saw that this was his job, not his life. He wants to be remembered more as a father, husband, son, brother, grandfather than he does a judge. I think that answer tells us more about Judge John Hagensen than anything that I wrote about him in this article.

We all wish him nothing but the best, and are better off for having him pass through our lives.

In Memorium We are sorry to report that attorney Steven Tubbs recently passed away. Steve practiced at the Clark County Prosecutor’s Office and then went into private practice in Vancouver for many years. You can find Steve’s obituary here: https:// obits.columbian.com/obituaries/columbian/obituary. aspx?n=steven-bowen-tubbs-steve&pid=198180821 Jean McCoy: My best memory of Steve is an article he wrote for a CLE that I think ended up somewhere in Hearsay, or maybe he presented at a CCBA CLE only, about a tree trespass case called “Happy Bunch”. Steve acquired a bit of local notoriety for his expertise about when you can hack up your neighbor’s tree and when you are liable for timber trespass. I think he enjoyed the role of arborist – and enjoyed joking about how the Happy Bunch was not too happy, but it made litigators happy.

Craig Schauermann: In many ways Steve was a bit of a Renaissance Man. He loved the arts; including the plays at the Shakespeare Festival in Ashland; he was a Master Gardener and Docent at the Japanese Garden in Portland; he was a “life master” in Bridge; he loved to hike and camp; and he loved to travel throughout the world including China, Vietnam, Cambodia and throughout Europe and the US. He loved to write—his Christmas letters were legendary. He volunteered (and led) many public groups. He was a past President of the Clark County Bar Association and served on the Board of Governors of the Washington State Bar Association. I could go on and on.

To me—he was my friend—and I miss him a lot.

A memorial service for Steve will be held August 7, 2021 at 12 p.m. at Lacamas Lake Lodge in Camas. Memorial donations can be made to the Vancouver Bridge Club, c/o Kathy Mather 10504 NW 34th Ct., Vancouver, WA. 986852220. Or, you can pick up some litter and post a picture on social media with the hashtag #SteveTubbsLovesNature

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Volunteer of the Month: May 2021 Mercedes Riggs Unless you have been personally impacted by the need for Immigration services, you probably don't know how difficult it can be to find an Immigration attorney. On top of that, finding an attorney that has the time and the patience to take on a challenging legal issue can be next to impossible. Mercedes takes the crown for being all three; she is accessible, she is kind, and she is very skilled at navigating the scary world of Immigration. Over the years, Mercedes has provided hours of free Immigration legal services via our quarterly Latinx Legal Day and her monthly volunteer schedule with us. When many of our Immigration clients reach out to us they are full of fear or anxiety. After meeting with Mercedes, they feel at ease.

For all of the important work that Mercedes does for our legal community, we honor her as our May 2021 Volunteer of the Month. Thank you, Mercedes!

Tell us a little bit about your legal background and how you got started: I went to Santa Clara University School of law in beautiful Santa Clara, California. I majored in Product Design Engineering at Stanford. At one point, a patent lawyer came to one of my classes to give a presentation about patenting our designs. I thought patent law was intriguing, so I decided to go to Santa Clara University because they have a great intellectual property law program. The patent lawyer plan fell apart when I finished my second year in law school and realized that I didn't like patent law very much!

Did you always know you wanted to be an Immigration attorney and what keeps you so passionate about the work that you do?

I never even really thought of immigration law until after law school. I remember a friend talking about going into it, but I had no clue what immigration law was about. I graduated from law school during the last economic downturn, and was talking to one of my good friends, who also is a lawyer, about trying to gain experience while I searched for jobs and toyed around with the idea of hanging my shingle. He had recently done some pro bono immigration appellate work and encouraged me to look into immigration pro bono opportunities. Soon after, I volunteered to take on a case through Northwest Immigrant Rights Project (NWIRP). In the beginning, my client was fearful, withdrawn and anxious. She had U.S. citizen kids and my client and her kids were all traumatized by abuse. I remember the day that I told her that her case was approved and she now had legal status - you could see the weight lifted off of her shoulders. That moment was when I decided that immigration law was for me, and continued moments like that keep me doing it. I practice all areas of immigration law family immigration, business immigration, removal defense, and humanitarian based immigration.

Most of my work involves reuniting families/keeping families together, and it's always a great moment to call up a client to tell them that their case has been approved.

How did you get started volunteering with the CCVLP? In 2018, I started volunteering with CCVLP through quarterly legal clinics that CCVLP put on with Latino Community Resource Group, LULAC, YWCA and One America. In 2019, I started volunteering monthly with CCVLP and regularly take on pro bono clients through CCVLP. When you're not busy being a rockstar attorney, what are some other passions/hobbies of yours?

I love to cook and bake. I took on that pandemic hobby of making sourdough bread! I think my kids are a bit tired of sourdough everything at this point - sourdough bread, sourdough waffles, sourdough pancakes, sourdough pitas, you get the picture. I also love to garden and to hike. My kids like Round lake in Camas, so you can usually find me there with them on sunny weekends.

Attorney Volunteers May 2021 Solo Practioners/Inhouse counsel/ Emeritus: Samantha Balmes Tsering Cornell Ed Dawson Marlene Nagel Hansen Philip Foster Moloy Good Eric Hoffman Gavin Flynn Juliet Laycoe Howard Marshack Jeff Peterson Nancy Retsinas Mercedes Riggs Allison Widney

Law Firms: Caron, Colven, Robison, & Shafton: Benjamin Moody Conway Law Office: Joshua Volvovic Etengoff Pak Law Group: Nicholas Alexander Gevurtz Menashe: Erica Aquadro, & James Lutes Henderson Taylor: Jordan Taylor Navigate Law Group: Chelsey Butchard, Chelsie Elliott, Tanya Green, Amber Rushbanks, & Anna Russo Northwest Justice Project: LeeAnn Friedman, Jeff Keddie, & Laurie Garber Pabst, Holland, & Reynolds: Alexa Ritchie Philbrook Law Office: Adin Johnson Stahancyk, Kent, & Hook: Anne Ajayi & James Wriston

JULY 27TH, 2021 4PM-6PM

When: July 27th, 2021 | 4pm-6pm Where: Hidden House Market 100 W 13th Street Vancouver, WA 98660

VOLUNTEER APPRECIATION BBQ

Live Music: Warball (Reigning Champs) Food: Chef Jordan Taylor and Hidden House Drinks: Hidden House (free drink for active volunteers) Swag: Exclusive CCVLP swag raffle

During the event, we will also present our 2020 Volunteer of the Year Awards.

Please RSVP by June 15th to Audra via email: audra@ccvlp.org or phone: (360) 823-0423

MEET THE 2021 DISTRICT COURT BENCH CANDIDATES TODD GEORGE

I have served as a commissioner in District Court since July 2015, and have developed a record of treating people fairly, and with dignity and respect. As a veteran and former prosecutor, defense counsel, and Assistant Attorney General, I bring a unique perspective to the bench. Among the many excellent candidates, I am the only one with six ye ars’ experience as a judicial officer in District Court.

As a commissioner, I have conducted countless arraignments, changes of plea, and sentencings. I have presided over more than a dozen jury trials, hundreds of protection order and small claims hearings, and prepared more than sixty written decisions. As an experienced judicial officer, I would have no conflicts requiring reassignment of my workl oad and would step into the role without disruption to the community.

As a veteran, now in the National Guard, I have tried courts-martial in Iraq as rockets impacted near the courthouse and argued before federal courts of appeal. I serve as State Military Judge, presiding over military justice and administrative actions involving serious Soldier misconduct. As an Army officer, I have led Soldiers an d civilians of countless different backgrounds and personalities.

Throughout my twenty-year career, I have strived to treat everybody fairly and equitably. Each person who appears in court is a human being with their own experiences. Although people can sometimes be frustrated, angry, or scared, I treat each person in my courtroom with dignity, respect, and empathy. Continuing this practice as a judg e would be a great honor.

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JON SCHEKTY

I have prosecuted cases in Clark County District Court since 2009. As a result, I am very familiar with its many different functions. I have appeared for first appearances, review hearings, motion hearings, bench and jury trials, domestic violence cases, and a variety of other matters. I have extensive experience working in Therapeutic Specialty Courts and believe they play an essential ro le in the criminal justice system. There is little that occurs in District Court that I have not experienced firsthand, and the amount of time I have spent practicing in District Court gives me a thorough understanding of what is required of a District Court Judge. Further, as a prosecutor, my highest ethical responsibility is to see that justice is done rather than zealously advocating for one side ov er another.

This approach is unique to prosecutors in our legal system, and is not dissimilar to the responsibilities of a Judge. Prior to becoming a prosecutor, I taught 6th grade with the Teach for America program in an underserved low socioeconomic area, worked with the Boys and Girls Club, and I have travelled and studied abroad in Mexico and Europe. My professional and personal experiences would gi ve me the perspective to view all sides of a matter before the Court and the ability to treat all participants with fairness, objectivity, impartiality, and respect. I would be honored and humbled to serve as a District Court Judge in Clark County.

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JAMES SMITH

Last fall, I began working to join the Clark County bench. Since then, I have been humbled by the support and positive feedback I’ve received from our legal community. Now, I am continuing to pursue this goal by seeking appointment to the Clark County District Court. I would greatly appreciate your continued support in the upcoming bar poll.

I have spent my entire career focused on solving complex prob lems, inside and outside the courtroom. I’ve tried notorious murder cases, successfully advanced new legal doctrines in the appellate courts, and helped lead large public organizations.

I’ve also worked collaboratively with a broad range of people to improve society, including therapeutic courts and community-based organizations. As one example, I worked with District Court staff and others in 2019 to expand the Veterans Therapeutic Court to appropriate felony offenses.

Throughout my career, I’ve always believed in the importance of professionalism and respect for others. It has been deeply rewarding to meet and work with people from all backgrounds and walks of life, while seeking justice for them through the courts.

If appointed, I would strive to ensure that every person appearing in court is treated with dignity. The promise of equal justice under the law is not self-fulfilling, and must be made real by the court each day. With my experience and character, I’m well suited to serve as a District Court judge and to render well-reasoned and fair decisions in every case based solely on the facts and the law.

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ABBIE BARTLETT

Dear Colleagues, It has been a privilege to serve our community as a District Court Commissioner for the past four years. I am writing to express my interest in continuing to serve our community as a District Court Judge.

The work we do in District Court is unique and incredibly important. For many members of our community, the only interaction they will ever have with the judicial system occurs in Dist rict Court. Whether a person is filing a small claim, seeking an anti-harassment order, contesting a traffic ticket, changing their name, or has been charged with a misdemeanor offense, the experience that person has in District Court will shape how they perceive Clark County and how they perceive our system of justice. As a District Court Commissioner, I am patient, careful, decisive, and fair. I work to explain court proceedings to parties in a way that makes sense. It is critical to me that, even when I rule against a party, they understand the court’s ruling, know they have been heard, and know they have been treated fairly.

District Court is my passion. I am committed to engaging in the work to make District Court a place where all people are respected and valued for our differences in gender id entity, race, ethnicity, sexual orientation, native language, country of origin, culture, religion, and ability. I am committed to working to provide alternatives to custody that promote rehabilitation and reduce recidivism. I am committed to being available and accountable to our community.

I hope you will support me as I seek appointment as District Court Judge.

COLIN HAYES

Dear colleagues: I respectfully request your support in the upcoming bar poll. I currently work as a Senior Deputy Prosecuting Attorney in the Clark County Prosecutor’s Office. I graduated from the Seattle University School of Law in 2004. Over the last seventeen years, I have gained extensive experience working as a prosecutor across multiple offices in Washington. I have tried 110 jury tr ials, including 86 felony trials. I have handled all types of cases but have spent the most time on sexual assaults, domestic violence, and crimes against children. In Clark County, I supervised the Children’s Justice Center unit for over four years, managing attorneys, advocates, and staff. I enjoy legal research, legal writing, and problem solving. Previously, I have worked part-time as a municipal c ourt judge and found it to be insightful and rewarding. It provided me an opportunity to interact with court participants from a different vantagepoint and gave me a renewed sense of empathy. I look forward to new challenges and continued personal growth working as a judge. My work ethic and passion for learning will enable me to be prepared, efficient, and competent. As a prosecutor, I have never view ed my goal as winning, but instead as doing the right thing and seeking justice. That same commitment will help me succeed as a judicial officer. The bench has a duty to ensure just implementation of the law and to treat all people with dignity and respect. As a judge, I would strive to uphold these values.

LISA TOTH

Dear colleagues: I have submitted my application for the Department 6 vacancy in District Court. I ask for your support in the Clark County Bar Association poll.

My exposure to the court processes, procedures, challenges and successes over the last 24 years as a private practice attorney has provided me with a unique perspective of District Court. I have seen the court change and evolve for the benef it of our community, and I pledge to continue seeking innovations that will benefit court participants and practitioners alike.

Presiding as a pro tem District Court Judge since 2017, I have covered a variety of dockets including driving while suspended, impound hearings, antiharassment/stalking petitions, criminal first appearances, review dockets, mitigation and contested infraction hearings as we ll as small claims.

I began my career in Clark County in 1997 as a public defender for the law firm Boyd and Gaffney working in both Clark County District Court and the Municipal Court in Camas/Washougal. In my time with Greenen and Greenen I have been actively practicing in family law, administrative law, and criminal defense. I have more than 22 years of experience in both civil and criminal jury and bench trials, both misdemeanor and felony.

My breadth and depth of legal experience make me well qualified for this position and my service as a pro tem judge has provided me with a strong foundation to assume the role of Judge.

ZEED MEYER

The last ten years of my life have been spent working with the judges, staff, prosecutors and other attorneys in District Court. Throughout that time, my reputation of being prepared, responsive and diligent in my work has created a sense of mutual respect with my colleagues and clients alike. I built genuine relationships with our legal community, and I held myself accountable to treating m y clients with dignity and compassion.

Justice isn’t static. It is an ideal we must strive for at every opportunity. Being fair and impartial does not mean a judge must set aside their own sense of what is just or unjust as it relates to happenings in the courtroom. If appointed to District Court, I would be a grounded, mindful judge with a strong work ethic, a collaborative spirit, and a devotion t o both the law and justice.

I am committed to the personal work of accountability and cultural humility to create a more inclusive, equitable justice system in Clark County. My lifelong career ambition is to become a judge who is committed to both equitable access and trauma-informed practice. Both are necessary to prevent bias and unintended injustices for marginalized populations. Right now, our com munity is hurting.

Recent events have exposed problems within our system of justice and the result is a great loss of trust. I would work diligently with court officers, staff, and our community to repair damage done and build healthier, safer relationships between District Court and the people we serve.

ANDREW LAWHON

Dear Colleague, My name is Andrew Lawhon and I have applied for the open positions on the Clark County District Court. Because my practice is mostly criminal law, I would like to take some time to briefly introduce myself.

I was born and raised in San Francisco and attended Gonzaga University. At Gonzaga, I met my wife, Kate. I went on to attend Gonzaga University School of Law. Kate grew up in Vancou ver, so we settled here to raise our growing family (we just welcomed child number six!).

I began my legal career as an intern at the Vancouver City Attorney’s Office and then went on to extern at the Clark County Prosecuting Attorney’s Office. After I passed the bar exam, I was sworn in as a Special Deputy Prosecuting Attorney.

Then, I joined the Jeffrey D. Barrar Law Firm and have been there ever si nce.

As the son of a refugee from war-torn Vietnam, the most important aspect of my practice is working with diverse clients in difficult situations while affording each dignity and respect. Having worked in defense, prosecution, and as a judge pro tem, I have cultivated the virtue of tempering justice with compassion for the individual.

LOUIS B. BYRD, JR.

Dear colleagues: I have applied for the position(s) of Clark County District Court Judge. I am respectfully requesting your support in the upcoming selection process.

My career started in June 1981, when I began working at the Washington State Penitentiary teaching sociology and psychology classes at Walla Walla Community College’s North Campus. Prior to the implementation of Drug Courts, I was the Su bstance Abuse Program Coordinator at the Washington State Penitentiary from 1982 - 1986. During that time, I attended Western Oregon University part-time receiving my M.S. in Criminal Administration in 1985.

I graduated from Willamette University School of Law in 1989. Following my graduation from law school, I was an Assistant Attorney General for the State of Washington from 1990 - 1993. I made the decision to go into private practice in June 1993 handling criminal, family, education, L&I and PI matters through 1999.

Since 1998, my primary areas of practice in Clark County have been criminal law, family law and education law (SPED) along with my Indigent Defense contract.

My children attended and graduated from Hudson’s Bay High School. I have had the good fortune to call Vancouver my hom e for the past 22 years.

I will bring much needed diversity to the justice system in Clark County along with 31 years of legal experience and will consider it an honor to serve the people of Clark County in the capacity of District Court Judge.

HEADER (CHANGE ON MASTER B)

Mythbusters by: Audra Morrison

Myth: “It’s great what the CCVLP does for the legal community through their advice clinics. I’d love to lend my services, but I cannot because I do not do well in an advice clinic model.”

Fact: While 95% of the legal services rendered through the CCVLP come through our legal clinics, we still have clients who could use brief services or direct representation, outside of a clinic. For attorneys that want to help but do not want to do advice clinics, we can add you to our list and contact you on needed basis when we need a case picked up for more extensive service than we can offer in a clinic. Any case work that an attorney does through the CCVLP is covered under our malpractice insurance and can be credited hour per hour for general CLE credits.

Have any questions or would like to throw your hat into the ring to volunteer? Contact our Program Director, Audra Morrison at: audra@ccvlp.org

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Law Library Using the Westlaw Key Number System You have free access to Westlaw through 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.

You’re all familiar with the Key Number system that Westlaw uses – it’s one of the best features that West created for legal research. There are several ways to use these numbers to help you find additional material on a topic.

Starting with a case If you find a case on point, you can use the headnotes in that case to click on Key Numbers to find other cases on that issue. Within the headnotes section, the Key Numbers will display on the right of the chart, as below. Click on any Key Number to go directly to other cases on the same issue.

Starting in the Key Number Digest You can also start your research within the Key Number system. This allows you to start searching without finding any cases first. Find the digest of Key Numbers on the home page by selecting “Topics & Key Numbers” under the All Content tab.

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You can either go directly to a Topic Number, select it, and work your way down to the Key Number on your legal issue. This will bring up cases on point. Or you can search for topics in the search box. Either method will help you locate a Key Number narrow enough for your issue.

Once you select a Key Number, Westlaw retrieves case headnotes that have used that Key Number. You can open any of the selected cases, or change your jurisdiction, after you have your list of headnotes.

If you wish to narrow your results, you can use the Search within results box in the left column.

Remember that you must use Boolean Terms and Connectors for this function.

Starting with a Key Number If you have already found some material and have a Key Number to work from, you can enter that number directly into the search box. In the example above, if you wanted to search for representation of the principal in general under the topic Principal and Agent, you could enter the topic number, 308, and the Key Number, 92. That would be entered in the search box with a k representing the Key Number: 308k92. This brings you directly to other cases with that Key Number.

Representing Injured Workers on Their Washington Claims

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B o o k ke e p i n g

Tips

by: Emanuela Sandri | Attorney Bookkeeping Services, Inc.

WSBA Trust Accounting Booklet Washington State Bar Association (WSBA) has an excellent publication on Trust accounting, Managing Client Trust Accounts. The direct link to the booklet is https://www.wsba.org/docs/default-source/licensing/iolta/managing-client-trustaccounts-booklet(00455604).pdf?sfvrsn=29a13cf1_19 or at www.wsba.org search trust account booklet.

The booklet is a wealth of information and answers many questions, such as: • Page 29 of the booklet (page 31 of pdf): (e) A lawyer must promptly provide a written accounting to a client or third person after distribution of property or upon request. A lawyer must provide at least annually a written accounting to a client or third person for whom the lawyer is holding funds.

• Page 27 of the booklet (page 29 of pdf): Can I deposit one check into two accounts at the same time (commonly called a split deposit)?

A split deposit is not allowed. RPC 1.15A(h)(4) states: “Receipts must be deposited intact.”

If you receive a payment from a client that contains earned fees and unearned fees, the payment must first be deposited into the trust account. After the funds have been collected by the bank, withdraw the earned fee portion. The remaining funds can be returned to your client, or remain in the trust account to be used for future work.

• Page 21 of the booklet (page 23 of pdf):

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Clark County Bar Association CCBA BOARD OF TRUSTEES MEETING MINUTES May 5, 2021

Minutes for the CCBA Board of Trustees Meeting May 5, 2021; Virtual Meeting Via Zoom Called to order 12:35 Jacobs, Phelan, Aquadro, Melnick, Emrich (Darco present) April 2021 CCBA board meeting minutes: motion to approve (Phelan/ Jacobs) Approved April 2021 Treasurer’s Report (Melnick): Not eligible for PPP (or funds would be gone by the time we could qualify), but we are eligible for Employee Retention Tax Credit, so we are proceeding with that. Revenue numbers from events are down, but that’s not unexpected; overall, we are in good shape. We also have great cash reserves.

Ongoing Items Trustee Assignments • Hearsay: (Phelan) meeting this Friday; Mariah is going to keep working on it from law school.

• Social Committee: (Phelan) talking about doing a carnival in the parking lot; discussion liability issues and other logistics. The coffee cart was a great success.

• CLE Committee (Spratt/Darco): June Nuts and Bolts has been cancelled - open to ideas for another speaker. Christie suggests plugging into Young Lawyers - possibility.

• Membership: (Aquadro) Aquadro and Emrich are working together. A meeting with the Committee is scheduled for mid-May. Previous Action Items Clark County Courts Processes Evaluation (Emrich/Aquadro/Jacobs): Christie reached out to Amber Emery (District Courts Administrator) suggesting maybe we could work together. We will see if we can incorporate what the court is looking for and reach out to Jessica Gurley (Superior Court Administrator) as well. Shoot for survey before end of July.

Email Problems (Darco): Still in process. Jesse and Darco are working on it.

Insurance – Abuse Procedures Policy (Spratt): We need to create a sexual abuse policy for our coverage. May also need a training. She will take a look.

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Current Action Items Membership Update (Darco): 413 members as of 5/5/21 (last year was 377). 39 people remain non-renewed.

Bar Poll/Forum (Emrich): Judge Hagensen is retiring. County will post an appointment for his position. Once it’s posted and we have the dates of their selection process, we can schedule a bar poll.

Family Law Section (Darco): Emily Roberts has been president two years in a row.

Need to figure out a way to support her and engage that section and take some ownership. Erica will set up a lunch between Christie/Emily/Erica.

Board Gathering (Emrich): Would like to get the board together in person (outside).

Administrative Assistant Position (Emrich/Darco): Mariah leaving in July and moving out of state (San Diego area). She is willing to continue with the Hearsay (~20 hours a month). Darco suggests Emrich and Jesse get together to talk about compensation, tasks/duties, and time commitment for the role.

WSBA Local Hero Award (Emrich/Darco): Bar Association asking us to nominate someone for this award. Discussion re: location of awards ceremony and nominations. Nominations are requested by June 1st.

Set Nominating Committee for Board Vacancies (Emrich): Phelan nominated for VP. Two Trustee Positions opening - need a nominating committee to fill the two vacancies. Erica and Christie will field interest at the upcoming Diversity Meeting.

Adjourned 1:13

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