2022 January Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

January 2022

December 2019

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.

January Hearsay Contributors Bennett Brandenburg Brandenburg Law Firm 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.

Caitlin Dennis McKinley Irvin As an associate at McKinley Irvin, Caitlin focuses on Family Law. Caitlin serves as the Vice President of the Clark County Bar Association Family Law Section, and volunteers with the Volunteer Lawyers Clinic.

Roger Priest VanWA Legal PLLC Roger Priest is a Vancouver, Washington attorney lawyer handling DUI/DWI and criminal defense. He handles DUI, domestic violence charges, felony matters, drug charges, expungement, firearm restorations, and other criminal defense charges.

Steve Horenstein Horenstein Law Group PLLC Steve’s practice focuses on business planning, transactions and f inance; commercial real estate transactions, leasing and f inance; land-use and environmental permitting; and government relations, advocacy and public policy.

lisa ward partner

Announcing Partner Lisa Ward McKinley Irvin is pleased to announce that Lisa Ward has been named a partner of the firm. Lisa is known for her relentless pursuit of successful results, whether representing individuals negotiating complex property division or in high asset divorce litigation.

As a family law attorney and our partner, Lisa also exemplifies our firm’s most steadfast commitment—to protect what our clients value most.

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

Introducing Commissioner Erin Priest page 24

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Hearsay Profile: Maelena Holmes page 14

Holiday Traditions page 18

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Happy New Year to the Clark County Bar. Wishing everyone a great year and fresh start in 2022. The CCBA is cooking and we have great things to look forward to.

Our Membership committee has some awesome CLEs planned for Spring. The CLEs will focus on The Neurology of Equity and Inclusion and be three parts—Part 1: Neurology and Our Six Core Needs; Part 2: Ingroup-Outgroup Bias and The Paradox of Belonging; Part 3: Creating an Inclusive and High Performing Workplace. Major thanks to the CCBA Membership Committee for working to bring those together. Look for more details and Zoom links as the dates are set. If anyone is interested in joining the membership committee you can contact Erica Aquadro at eaquadro@gevurtzmenashe.com or Deb Wechselblatt at Deb.Wechselblatt@clark.wa.gov.

Barrister’s Ball is back, but just delayed a bit and as a Summer Soiree. This year we will be holding our yearly event/soiree in the warm summer breeze, on the lawn at the Marshall House. Iron your most formal board shorts and watch this space for more details.

Coming soon is the Clark County Bar’s General Meeting. The meeting will be held on March 21 at noon via Zoom. We will update you on the work of all our sections and fill you in on more to look forward to in the new year. Following the meeting will be an excellent soon-to-be-disclosed CLE. You won’t want to miss either. Watch your email inbox for more details and how to register.

New baby smell is all about the CCBA Board. We have had an unprecedented number of new moms and dads over the pandemic tenure. For those in the know, my darling daughter Elsie Jean Jacobs was born earlier last year. Following were Christina Phelan and her daughter Margot, Ben Melnick and his daughter Parker, and Whitney Hawke and her son Booker. All children are currently going through vigorous leadership training for their future service to the CCBA. Christina Phelan is rumored to already be strategizing “Royal Tenenbaum” tracksuits. Happy New Year everyone.

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Save the Date! The Clark County Mock Trial tournament will be held February 15-17, 2022. The tournament will be virtual this year. If you are interested in volunteering, please email jill.sasser@clark.wa.gov

Getting to Know Battle Ground Municipal Court Judge Andrew Wheeler

by Bennett J.D. Brandenburg Many of us may think we know Andrew Wheeler. He’s earned a reputation in our community for his intricate defense of DUI allegations and for his professionalism among clients, colleagues, and the bench. As of January, 2022, however, you’ll notice a change in Andrew’s practice. It’s now official that that Andrew Wheeler will take up the position of Municipal Court Judge for the City of Battle Ground. What’s the story behind this, you may ask? This reporter sat down (at my desk and sent an email) with Judge* Wheeler to better understand how this journey started and the future awaiting him on the bench. *Disclaimer* Andrew Wheeler will be a part-time Judge in Battle Ground. As such, it is preferred that he remain Andrew or, Mr. Wheeler, around town and in Clark County Courts unless we are appearing in front of him in Battle Ground.

1. Tell us about your educational history and legal background.

I graduated from Prairie High School in 1995. I attended Principia College in Illinois and graduated in 1999 having majored in Political Science. I attended the University of Idaho in the Fall of 2000 and graduated with my JD in 2003.

2. What was your legal experience like in law school and as a newly licensed attorney?

During law school I worked my 1L and 2L (Rule 9) Summers in the Domestic Violence Unit at the Clark County Prosecutor’s Office. At the midpoint of my 3L year I served as an “extern” for law school credit as a Rule 9 intern with Anderson & Associates, which was the Clark County public defense contractor at that time.

I was licensed in November of 2003 and continued working at Anderson & Associates until February of 2005 where I handled misdemeanor public defense.

In March of 2005, I moved into private practice by partnering in the creation first of “Wheeler Montgomery & Sleight” and then shortly after, “Wheeler, Montgomery, Sleight & Boyd.” I have continued at the same office with my law partner, Chris Boyd, as “Wheeler Boyd.”

3. Why did you choose to emphasize DUI in your practice?

I call DUI a neighbor crime. A DUI charge is an event that can take place to folks with no criminal history, no designs on committing a crime, and no past contact with law enforcement. The charge is intimidating, scary, and carries some life changing sanctions. My job is to assist folks through this one-time issue and preserve as much of the life they had before the charge as possible.

DUI defense can be highly technical. It is emotional, but also very rewarding. I have been lucky to work with an immensely talented co-counsel, Alex Uskoski, for almost 9 years, and two wonderful paralegals, Kristi Straight and Chanel Eaton. I am a big believer in the power of a team and I am exceedingly grateful for mine.

4. What has your journey been like at your Firm over the years?

I think the biggest advice I could give to any firm, whether it is just starting out, or has been together for a long time, is to check in with your partners and determine whether your goals are still aligned. In my journey as a member of a law firm, I found our group was able to stay on course when we regularly engaged, talked through issues, and really worked on communicating. It is important to recognize we are always growing and changing; no one will understand our personal journey if we do not engage.

5. Tell us about your family.

My wife, Christina, and I have been married for 14 years. We met in undergrad in 1996. Christina went on a date with my roommate – a few weeks later, after clearing it with my roommate, I mustered up the courage to ask her out. She chose to walk the long(er) way home following our evening which, (even at 18) I knew was a good sign. We have two sons: Ben is 11 and in the 6th grade. Max is 9 and in 4th grade.

6. What are you doing when you’re not lawyering?

I enjoy watching both of my boys play sports. I have coached both in soccer and basketball over the years. In my personal time I enjoy exercising early in the morning and playing finger-style guitar.

7. Favorite vacation with your family?

Christina and I were able to travel to Maui with my parents and the boys in January, 2020. I am so grateful that we were able to travel before the pandemic hit and have those memories to get us through Zoom schooling, court being shut down, and the emotional rollercoaster of COVID parenting.

8. First concert and favorite music?

My first concert was in 1994 seeing the band CAKE at the Roseland Theater on their first tour. The band passed a hat after the show as their van had broken down earlier in the day. My favorite musician is Ben Folds. I enjoy most observational singer/songwriters.

9. If you weren’t a lawyer, what would you be doing?

I come from a family of teachers. Teaching is the act that resonates with me most and I have no doubt it’s what I’d be doing if I weren’t an attorney.

10. What motivated you to seek the Battle Ground bench?

Battle Ground is the only contract (I am aware of) in Southwest Washington that allows an attorney to maintain a private practice while serving as a judicial officer. During the 19 years I have been practicing, I can only recall Battle Ground accepting applications one other time. It really came down to the proposition that it was now or never.

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I submitted an application because I wanted to be able to tell myself that I tried a third window into our justice system. I have some understanding of being a prosecutor, I have served for a long period as a defense attorney, but I have never stood at the nexus of the two; to understand the perspectives and responsibilities of a judge. It’s the balance of the position, the ability to weigh decision, that motivated me in the end.

11. What are you most looking forward to about the new position?

I understand that ultimately any judge is a caretaker in a much longer continuum of those who have held the position and those that will hold the position in the future. I am looking forward to having my service in Battle Ground viewed as assisting the court into a more technology-based future. We have seen technology serve as a life raft to court systems, keeping us afloat through the pandemic. Now our eyes have been opened to the long-term viability of a number of platforms.

I am excited to aid in, and grow into, this transition.

12. What advice would you have for younger lawyers appearing in front of you?

Candor to the bench is extremely important. Younger attorneys can sometimes be overwhelmed with the scope of information they believe they need to know.

I always sought to acknowledge to the judge when I do not know an answer.

After you have sufficiently humbled yourself, the follow up of researching and understanding the question posed and formulating an answer for the next time is a great way to organically grow in the practice.

13. Any Final Thoughts?

I would be remiss if I did not mention the tremendous contributions that Judge Bennett has made both to the Battle Ground Municipal Court, and to greater Clark County. I hope to embody many of the ideals I saw exercised by Judge Bennett during my time in his court. I learned that a jurist can be both respected and kind, and have a balanced overall approach while being receptive to individual needs. Judge Bennett truly cares about the people and participants that make up the Battle Ground Court.

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Tennessee and on the Task Force Assigned to Tennessee Senate Joint Resolution 678 Regarding Exploitation of Elder Adults. Maelena obtained her license to practice law in Washington and was sworn in April 2020.

Maelena is passionate about representing and advocating for her clients. Maelena has 14 years of practice in the field of law. Her years of experience have given her the ability to examine and analyze complex situations while communicating with her clients about solutions and strategies.

Prior to moving to Washington, Maelena was one of the Assistant General Counsels for the Tennessee Department of Human Services responsible for prosecuting cases of elder abuse, neglect, and financial exploitation under the Adult Protective Services Statute. Maelena was the recipient of the Governor's Excellence of Service Award for two years for her litigation protecting the elderly. Additional experience includes representing the State of Tennessee Department of Children’s Services for the 13th Judicial District; being an associate with Wimberly Lawson Wright Daves & Jones, PLLC, and having a general private practice. Since relocating to Washington, Maelena has worked as an escrow officer and has facilitated many real estate closings including purchases and refinances.

Maelena received her Doctorate of Jurisprudence from Nashville School of Law in 2006 and a Bachelor of Arts from the University of Tennessee Knoxville.

Maelena served on the Department of Justice Elder Justice Task Force for

When she is not working, Maelena is spending time with her family, supporting their daughter’s dream to become a commercial pilot, dog sitting for their daughter's golden doodle, and exploring areas of the Pacific Northwest.

1. Why family law?

I believe in families and the important role they play. I believe in helping people and families be the best they can be even in the midst of a dissolution or separation.

2. What motivates you to work hard?

My passion and heart to help others.

3. What makes you laugh the most?

My husband and daughter.

4. What did you want to be when you were young?

FBI agent 5. What’s your favorite vacation you have been on?

Cabo 6. If you could choose to do anything for a day, what would it be?

Spend the day flying with my daughter to her favorite destination.

7. If you could only eat one meal for the rest of your life, what would it be?

It is a toss up between Mexican and Italian as they are both my favorites.

8. What’s your favorite holiday?

Christmas 9. What’s one of the most daring things you’ve ever done?

Jumped out of an airplane.

10. What’s your favorite thing about your career?

Working to make a difference for others.

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LAW LIBRARY: Build Your Productivity (or 10 Things Lawyers Should Do Now) Did you make a resolution for 2022 to work smarter, increase productivity, or bill more hours?

Here are things you can do to reach those goals. This article summarizes a white paper published

by Lorman Education Services, written by Jay Harrington, titled 10 Things Lawyers Should Stop Doing. And because it’s better to focus on the positive, I’ve flipped it to be the ten things you should start doing.

1. Say no to things you don’t want to do. When friends and family ask you to do them a legal favor, or to meet with them to pick your brain about their situation, say no straight out rather waffling or saying you will think about it. Save yourself the time and the emotional energy of dealing with having to deal with it later.

2. Overestimate how long things take. This allows for unforeseen circumstances and increases your flexibility in getting things done. It also makes it easier to say no to things you don’t want to do, as your schedule will be too full to say yes.

3. Do your most important work when you start your day. Instead of immediately responding to emails and phone calls, plan what is most important to accomplish that day and do it first.

This will allow better time management, get the hardest things done when your brain is fresh, and avoid scrambling at the end of the day.

4. Dump difficult clients. You know the ones – they suck up your time and energy, and leave your good clients wishing for more of your attention. Prune the difficult clients over time to focus on good clients that will free up your time and mental energy.

5. Focus your marketing. How many clients do you really need? Focus on that question and organize marketing to be more targeted to your ideal client. Quality is better than quantity.

6. Selling is not a dirty word. Selling is informing potential clients of the types of problems you solve and offering to solve their problems in exchange for payment. There is no need for the pushiness and sleaziness some people associate with selling.

7. Plan rather than react. Develop a niche where you are a Master Craftsperson rather than trying to be a Jack of All Trades where you take whatever walks in your door. More focus means less time getting up to speed in a variety of areas.

8. Practice failure. Stretch yourself to improve, seek growth, and practice new skills. Fear of failure will keep you stuck.

9. Well-being comes first. Avoid burnout and dissatisfaction with the law by taking care of yourself. Plan your work time and then leave the office. Pursue your interests outside of work.

Parkinson’s Law says that work will expand to fill the time available. Don’t give it more time than you want it to have.

10. Be in the moment. Don’t focus on the future so much that you miss the here and now. It’s good to have goals, and to revisit them. But focus on current happiness, not just happiness at some mythical future time.

Here’s to a more productive and happier 2022!

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y s a il d tionnis o di en H ra itlin D As we enter into our second “COVID” holiday season, the holidays again look different than many of us are used to. While events of the last couple T a By

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of years have limited many of the holiday celebrations and gatherings that would traditionally be held by the CCBA and local firms, that has not stopped many of your colleagues from enjoying holiday traditions of their own! Here is a peek at some of the traditions shared by members of the CCBA: LAURA NELSON: “I come from a VERY competitive, big family.

One of the way we’ve learned how to torture each other is through making “traditions” for each other to have to endure on Christmas.

My particular holiday torture device (tradition) includes a family coloring contest, wherein each person selects a coloring page, colors the page to the best of their ability and then submits the coloring page to yours truly for judgment (perhaps there’s a judicial appointment in my future?). I like to give snarky prizes appropriately tailored to each participant’s submission – just to keep them humble. As the song goes, “there’s no place like home for the holidays”, and my family could finish it “if you want family judgment in a million ways/for the holidays, you can’t beat home sweet home”!

NATHAN PETERSEN: “Every year we buy Christmas pajamas for the whole family, mom and dad included. We open the pajamas the weekend of Thanksgiving and throughout the month of December have nights where we all put them on while we watch a movie or The Simpsons together.”

PATRICK ROBINSON: My wife and I have a tradition where, sometime around Thanksgiving, she gently yet firmly suggests that I put the lights up and I get on the roof and risk my life… see attached photo”

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AMBER RUSHBANKS: Instead of presents, we mostly gift each other family experiences! For example, we have done go karting, indoor skydiving, zip lining, boat tours, Airbnb weekends at the beach or the mountains - all as a big family (or whoever can make it). So fun and much better than getting a bunch of stuff. Give memories not things!

WHITNEY HAWKE: Meaghan McCredie and I have an annual “Friendsmas” dinner with our spouses and closest friends. We’ve been carrying on this tradition since 2012. At some point during dinner, we go around the table and everyone has to share their top-three highlights from the past year, and one thing they are looking forward to in the year ahead. Our friend Ashley writes down all of them in a book so we can track everyone’s top moments over time. It’s a great way to recap the memories we’ve made together and get excited for the new year!

TERESA FOSTER: My family’s Christmas tradition is to make tamales! I try to go each year back to Arizona where me, my mom. sisters and friends (all women) spend the day drinking beer and making tamales.

Then, I eat tamales for a week non-stop, they are so good. One year coming back to Portland from Arizona, I was at curbside check-in and was told my bag was overweight and I would have to pay $50. Well, I was not happy. I told the guy kind of as an aside, I have tamales in there, maybe that’s it. He was the only one working that stand and said “I will waive the fee if you give me four”. So, I opened my suitcase, gave him four tamales, and saved $50. A win-win, although now I wish I had the tamales. I cannot go this year, unfortunately, but next year, it is tamale game-on!

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REFLECTIONS ON JUDGE J. DEAN MORGAN

BY STEVE HORENSTEIN

We lost with Ta Hchampion E FITZG E Rthe A Lpassing D F A of M Judge I L Y IDean N V I Morgan.

TE YOU TO A We all have just a fewC people E L E B in R our A T Ilives O N when O F we L I Fare E .young that influence how we grow and develop and who we become. Dean Morgan was one of those 20 people for me.

Little did I know that when I signed on to work in the Clark County Public Defender’s Office for my required law school clinical experience that the attorney I would work for would shape my career for 40 plus years and counting.

He taught me to care for those people who are involved in the criminal justice system and their families.

He taught me the work ethic necessary to become a good lawyer. He told a group of us in the public defender’s office that it takes 5 years to become a good lawyer. At the 5-year mark I realized that it took Dean 5 years given his intellect, photographic memory for case law and dedication to his craft. It took the rest of us longer.

He modeled what integrity, responsibility and accountability mean in lawyering and in life.

He worked incredibly hard and was always fully prepared both as a lawyer and a judge.

Under Dean’s tutelage learning was fun. We were his colleagues, not his employees.

Few realize what a good musician Dean was. He and I were the front line of Legal Tender, Dean on Trumpet, and me on saxophone. Our rhythm section included Ben Shafton on Bass, lawyer turned businessman Marty Wolf on Piano and Dick Gorini on drums. Our first gig was for a Swift Auction, and we went on to donate our time and talent for many community events and even a jazz festival or two.

It was an honor to have Dean officiate at Cindy’s and my wedding as we approach our thirtieth anniversary!

Jack Welch, who along with Dean was another role model for me in his work ethic, thoroughness and kindness to all, joined the Public Defender’s Office as a staff attorney the year I became a legal intern. Jack has many memories and positive observations of Dean, and he, like many of us in the defender’s office also became lifelong friends with Judge Dean.

Jack’s memories about Dean include : Dean’s devotion to public service and determination to look for the good in everyone. In 1972 he left a lucrative position as a founding partner in a growing Seattle law firm to answer the County’s and the Bar’s invitation to start a public defender’s office in Vancouver. After relocating, he began recruiting volunteer law students and hiring young lawyers willing to work for subsistence wages to gain trial experience and represent indigent criminal defendants under court appointments. They learned from Dean’s example and mentoring, and later became leaders in the community.

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Dean’s standing reservation at a local restaurant where he conducted weekly 7:00 a.m. evidence classes for his legal staff. (In later years, after becoming a Superior Court and then Court of Appeals Judge, he taught evidence to a more distinguished student body for many years at Seattle University School of Law and national judicial colleges.)

Dean’s desire to give everyone possible a second chance in life, he developed sentencing alternatives for all defender clients who could benefit from alcohol, drug, mental health treatment or vocational schooling and encouraged use of extensive pre-sentence reports to be presented by the attorneys to the Court as alternatives to prison or jail. The local judges appreciated this input and often followed these recommendations.

Dean’s office provided high quality representation to its clients and excellent value for the City’s and the County’s tax dollars expended. Attorneys worked in the public defender’s office for the experience and the cause. Wages for the attorneys did not come close to compare with private sector jobs. Rule 9 interns and many other volunteers did not get paid.

Dean had high professional standards and relentless work ethic. As a defender he set a daunting example and encouraged everyone to give their best for clients within the ethical standards.

It was a superb learning experience.

After being appointed to the bench in 1976, Dean treated counsel and parties with respect, and patiently listened to their arguments, including pro se parties. As a judge, he brought a work ethic to the bench, and sometimes tried the patience of the local Bar with court proceedings starting as early as 8:00 a.m. and sometimes lasting into the evening. He did not tolerate deep case backlogs or unreasonable delays.

Dean’s knowledge of the law was encyclopedic, and attorneys soon learned the value of careful preparation and accurate citation of authorities in his courtroom—and the discomfort resulting from carelessness.

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Art Curtis began his legal career as a legal intern in the public defender’s office and went on to become staff attorney for several years. Art holds the distinction of being the only public defender who did not lose a felony trial during his time in the office – a string of 9 not guilty verdicts. Art then went on to try cases for what we all thought at the time was the dark as a prosecutor, eventually becoming Clark County’s elected Prosecuting Attorney.

Art echo’s all our comments about Dean and refers to him as “the most brilliant attorney I have every known.”

Ben Shafton, another staff attorney in the public defender’s office who went on to have an excellent litigation career in the private sector and who, always a man of few words perhaps said it best – “Dean insisted on excellence from all of us. It was not hard for us to figure out what excellence was. He modeled it for us every day.”

Above all, those of us who remained close to him remember Dean Morgan as a truly good man. He treated everyone with respect and dignity. His integrity and character were of the highest order. His priorities were honest and good. His sense of humor was generous, enthusiastic and shared.

I, for one, shed a tear upon learning of Dean’s passing…

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1) What first got you interested in working in the legal field? a. In college I took Constitutional Law to fill some credit hours. The professor was an attorney, and he had a way of inviting and provoking discussion and mixed viewpoints in a positive way.

That class and professor changed the trajectory of my post-college plans because I decided to go to law school.

2) To your knowledge, what’s something that’s not yet been deep fried, that should be? a. Pineapple Rings 3) What is something you are terrible at but wish you could do well? a. Run with good form. Maybe that would make it not such a chore.

4) What’s the worst advice you’ve ever been given? a. That taking out student loans would automatically be a sound investment. No need to worry about struggling to pay them back because of the good paying job waiting for me on the other side of that degree.

5) What’s the first smell you can think of that brings back a memory?

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By Roger Priest

a. The smell of hydrangeas brings back fond memories of childhood trips to my grandma’s house in rural Nebraska. She had quite a few hydrangeas in her yard.

6) What’s something you’ve done that you recommend everyone do before they die? a. Tell a boss exactly what you think of them

7) If you lived in a medieval village, what would your job be? a. Baker or maybe a horse caretaker (laughs). Not a lot of options for women in medieval times.

8) Biggie or Tupac? a. Tupac 9) What social custom do you wish would end and why? a. I’m from the Midwest and you cannot leave anywhere without a bunch of “welps” or knee slaps, or a half hours’ worth of pleasantries while attempting to leave. I’m an introvert and just want to make a beeline for the door.

10) What has most greatly changed the way you thought about the world? a. I have two answers to this. First, I would say having children. Everything about the world – its beauty, its problems, the light, the dark, all of your own priorities - becomes magnified when you have children. The second thing was when I studied abroad. It’s probably impossible to keep the same worldviews after living in another country anyway, but part of my experience was living abroad during 9/11.

It was definitely an interesting time. People felt pretty free to share their opinions with me about the United States and Americans, both positive and negative, just as I walked down the street (laughs).

11) If you were a ghost, who would you choose to haunt? a. Probably you, Roger. I think you’d get my jokes and keep the girls from being afraid.

12) What are people not grateful enough for, in your opinion? a. The millions of tiny ways each day that people show kindness and common courtesy.

13) If you could live in any fictional world, where would it be and why? a. Oz (the movie not the book), because everyone seems happy, except for a couple of witches that can be taken out with some water. Not a significant threat.

14) What is expensive but absolutely worth the money? a. A housecleaner.

15) What character trait instantly makes you respect someone? a. Humility 25

Clark County Bar Association CCBA BOARD OF TRUSTEES MEETING MINUTES December 7, 2021

Minutes for the CCBA Board of Trustees Meeting December 7, 2021; Meeting via Zoom Called to order 12:06 p.m. Jacobs, Larson, Melnick, Emrich, Aquadro, Wechselblatt, Hawke (Darco present) November 2021 board meeting minutes: Motion to Approve Melnick/Aquadro Approved October 2021 board meeting minutes: Motion to ratify 11/3/21 email approval, Melnick/ Hawke Approved Treasurer’s Report (Melnick): Reviewed financial reports for November. Revenue is down creating a mild concern. Need to watch. Compared to the first two months of previous years, we are just below the historical income trend. Factors at play: we have less renewals and more member retirements, no CLE revenue, and no social event revenue. The budget for this fiscal year was written conservatively with projected income for this year less than the last.

Ongoing Items Trustee Assignments Hearsay: (Hawke) a holiday traditions article is in the works Social Committee: no events planned CLE Committee: (Emrich) The December ethics CLE is coming as well as an update from the Judges Membership:(Aquadro and Wechselblatt) Aquadro is planning a CLE tentatively for March/ April that will be a 2 part series. Wechselblatt is looking into contacting an organization that presented at a Washington Courts training. They have ideas for a Bench is For All presentation like King County did and a Q-Law brown bag lunch panel.

Previous Action Items: Bench Bar Committees/Court Eval (Jacobs) Discussed ideas for Bench/Bar committees interaction; decided to table at this point.

Discussed the idea of hosting a moderated interactive forum for CCBA members versus doing a survey.

Current Action Items: Membership Update (Darco) Members: 334, Non-Renewed: 111, New Members: 21, Last Year:417 Board members will make calls regarding renewals Records Retention Policy (Jacobs)

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Reviewed proposed retention policy. Motion to approve policy Emrich/Wechselblatt Approved Court Update December 15th with Judges Sheldrick and Osler Bylaw Amendment regarding Committees/Trustee Roles (Jacobs) The proposal will be reviewed by the board. It will be presented for a membership vote at the March general meeting.

Laptop The CCBA needs a laptop. Motion to approve purchase of a laptop for $850 or less.

Emrich/Melnick, Approved Adjourned

HEADER (CHANGE ON MASTER B)

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Theresa.Springer@movement.com www.TheresaSpringer.com 12500 SE 2nd Circle, Suite 120 Vancouver, Washington 98684 CA-DOC283982, OR, WA MLO-283982 | Movement Mortgage, LLC supports Equal Housing Opportunity. NMLS ID# 39179 (www.nmlsconsumeraccess.org) | 877-314-1499. Movement Mortgage, LLC is licensed by10101708“CA Department of Business Oversight under the California Residential Mortgage Lending Act” # 4131054, OR # ML-5081, WA # CL-39179, Interest rates and products are subject to change without notice and may or may not be available at the time of loan commitment or lock-in. Borrowers must qualify at closing for all benefits. “Movement Mortgage” is a registered trademark of the Movement Mortgage, LLC, a Delaware limited liability company. 8024 Calvin Hall Rd, Indian Land, SC 29707.

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Clark County Superior Court

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BENCH/BAR COMMITTEE MEETING MINUTES December 14,, 2021

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Dan Lloyd (Dan.Lloyd@cityofvancouver.us) Matthew Kimball (Matthew.Kimball@clark.wa.gov) Jessi Anderson (jessi@ccvlp.org) Leslie Lopez (Leslie.Lopez@clark.wa.gov) Sean Downs (sean@greccodowns.com) Curtis Welch (cwelch@sussmanshank.com) Rachel Brooks (rachel@guardianship-law.com) Rachael Rogers (Rachael.Rogers@clark.wa.gov) Jeffrey Keddie (jeffreyk@nwjustice.org) Judge Sheldrick (Emily.sheldrick@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. Dan Lloyd: – Body cam project for law enforcement – in preliminary testing phase to confirm the vendors product will work. Idea is that police department will be fitted to person and auto. Hopefully by spring but timeline in flux. Question about consultant? i. Judge Sheldrick – hoping for report in summer for consultant’s report/ recommendations. ii. Judge Fairgrieve – Got email identifying milestones, setting up interviews with stakeholders to process information. b. Dan Cont. If the consultant wants feedback from local bar, if they want more, I suggest standalone email from CCBA to inform bar, so those interested can provide feedback. i. January 1 - 4 first site visit to court for consultant. 2nd site visit March.

June 24th all day workshop for stakeholders to voice their input. ii. Request for attorneys who represent various areas of law to voice input/ concerns to discuss with representatives. Ms. Stone will be working with Judge Fairgrieve to facilitate requests from attorneys. c. Judge Fairgrieve: Last Friday at noon, myself and another judge discussed with senior jail personal to discuss policy. Jail initiated the conversation. Jail informed us as to their challenges, which were great. They have 22 unfilled positions, five alone in their medical unit. Recruiting in general and their long train-up period before they come online makes filing positions difficult. Working closely with Dr. Melnick for jail procedures. Positive COVID population making jail functions 29

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difficult. Recommendation to Bench given – which is mainly less inmates in jail; along with four or five other recommendations and how we could (the Bench) decease jail population. There are five major players in Crim justice, one entity can engage in unilateral decision-making which impact other players and because of that all five need to take into account other players’ needs. Good exchange of information. Been an issue since the pandemic, but major problems two months ago when defense attorneys couldn’t get in touch with clients. i. Met with Prosecutor and Mr. Downs: BLAKE resentencing process recommendations. Show cause hearing as the rule currently states, working through process to get cases moving. Looking at prioritizing cases so individuals that are coming up for release don’t need to spend additional time in jail or prison. ii. Reminders: Lots of cases being continued, our change of plea volume is low. Various reasons why, but for cases to be continued requires sighed speedy trial waiver. If not, cannot accept oral waiver. Bench knows this creates problems, but we are not accepting oral speedy trial waivers.

1. Still using emergency COVID rules for signature? Signing on their behalf in general. a. We went back to enforcement of written speedy trial waiver, from the summer when COVID was going down, now times are again different. We have not had a decision revoking that, but signed speedy trial waivers have been discussed and are required. We are open to listening to arguments, however.

d. Leslie Lopez: Miscommunication with jail requiring negative COVID test, they went back to prior recommendation that visitors do not need to prove negative COVID test to visit. If there are any suggested changes regarding visiting, PA and stakeholders will be in loop if policy changes. i. Vaccine Passport?

1. Unknown, but will be explored. What is happening now is working, but ecommendations from Dr. Melnick will be sought e. Judge Sheldrick: Bar Assoc doing court updates CLE Quarterly. The Bench will be recruiting more pro tem judges. We expect to update the Superior Court website soon with information on appointment parameters for pro tem judges. Hopefully, the revised application will be available in January

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i. UD: Docket on Thursday and Friday. Residential evictions to Judge Gregerson. Commercial evictions will go to the assigned department f. Curtis Welch: Mock trial update. Scrimmage last night, really talented group. i. If attys want to help - Reach out to Comm. Sasser g. Matthew Kimball: End of year invoices, contracts my main focus. h. Rachel Brooks: Finishing session for court visitors on new UGA, we also attended King Co training and got a few tips from them. Working on emergency guardianship forms for January implementation. i. Jeffery Keddie: NWJP seeing influx of housing and rent increase cases; Definity seeing growth in that area. We have counsel for appointment, along with CCVLP. Can get appointed at court or pre-screening. Can get appointed counsel at showcause hearing, along with link from NWJP. Information for seeking housing help pre-hearing: https://nwjustice.org/eviction-help Respectfully Submitted,

Nicholas Alexander

Winston & Cashatt, Lawyers, Spokane office is seeking to hire an attorney with 1-5 years of experience and motivated to join and continue to grow our diverse civil litigation practice. Attorneys at Winston & Cashatt are provided with strong mentorship that anticipates immediate contribution, client contact, and case involvement. We are seeking those candidates that want significant career development in a team environment and understand both short and long-term financial and career benefits. We work hard together, in the best interests of our clients. If you are interested, please submit a cover letter and resume to jobs@winstoncashatt.com.

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