February 2022 Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

February 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.

February Hearsay Contributors Commissioner Jill H. Sasser Clark County Superior Court Commissioner Jill H. Sasser began serving as a judical off icer for Clark Co u n t y S u p e r i o r Co u r t i n 2 0 2 1 .

Amber Rushbanks Navigate Law Group Amber Rushbanks focuses her practice on family and relationship legal issues. She is a founding member of Navigate Law Group.

Courtney Mendoza Petersen Rothermel Law Firm Courtney currently practices Family Law and Criminal Defense. She recently joined the Petersen Rothermel Law Firm in November 2021 and was a Clark County Deputy Prosecuting Attorney prior to joining Petersen Rothermel.

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

Lawyer Sweethearts page 10

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Hearsay Profile: Anne Marggraf page 12

Lawyer BFFs page 18

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Happy February to everyone and happy upcoming Valentine’s Day to all those that need a reminder. For those looking for gift ideas, CCBA membership is affordable and the perfect romantic gift for the lawyer in your life. Go to ccbawashington.org or email ccbamanager@ccbawashington.org to get your loved ones signed up.

Big news! We’re officially set for the Summer Soiree in the early evening of July 23rd. The event will be held outdoors on the Marshall House lawn. Stayed tuned for more details as the planning unfolds. For those interested in sponsoring, we still have sponsorship slots available.

In other big news, our amazing Membership Committee has the details set for their excellent series of CLEs on “The Neurology of Equity and Inclusion at Work.” They got some big names coming in for the dates of April 11, May 9 and June 13. All 3:00-5:00 PM. Two credits per session. Follow the link in an upcoming email, go to our website or email ccbamanager@ccbawashington.org for details.

Sponsorships are also filling up fast on this one, so contact the bar if interested.

Congratulations to Audra Morrison who is leaving her position as program director at the VLP to become the program coordinator for jury administration in Clark County. We look forward to seeing you in your new role. Rumor has it the VLP still looking to fill a few positions. Check out ccvlp.org for details.

Reminder/announcement that our general meeting is set for March 21st at noon. All via Zoom. This time around, we will be partnering with Bleu Door Bakery for discounted lunches so that we can all (virtually) dine together again.

Watch this space for details.

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Anne is originally from Bainbridge Island, WA. She enjoys cooking, gardening, movies, standup comedy, trivia, and crafts. She is married to Steve and they have two boys, Isaac and Jerry, as well as two dogs, two cats, and a rat. Anne went to WSU Vancouver for her undergraduate degree and Gonzaga Law for her JD. 1. Why family law?

In this essay…lol! Family law started as an opportunity out of law school. But I thoroughly enjoyed the caselaw IN law school, where I took Family Law with Noted Genius Dean Kim Pearson and just loved all of it. When I started at McKean Smith, I realized I enjoy solving problems. We cannot prevent a family from evolving to the point where they need our assistance. But we can get these folks through it safely and with good outcomes. That is very important to me.

2. What motivates you to work hard?

My kids. And expensive perfume, to be utterly honest. I like nice things!

3. What makes you laugh the most?

30 Rock and my kids’ failed experiments (even when I help clean up the messes).

4. What did you want to be when you were young? A comic book illustrator.

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

Toughie. Either Italy or Maui.

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New-ish to practicing family law in clark county

Anne Marggraf

By Amber Rushbanks

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

Visit various factories so I can watch stuff being made.

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

Ribeye medium rare with caramelized onions and hedgehog mushrooms. Spinach salad from the Met in Seattle. Dessert would be pastries from Fressen.

8. What’s your favorite holiday?

Halloween.

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

Tried out for Jeopardy!

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

Well, I’m very arrogant and nosy yet I also love helping people. Assisting families during these transitions is very rewarding for me. Is there a better fit out there??

Josh Sherman joins the legal team at Jane Clark Legal Jane Clark is delighted to welcome attorney, Josh Sherman, to join the medical malpractice team at Jane Clark Legal. Josh is a passionate advocate and, prior to joining the firm, gained significant experience in the field of medical malpractice working at a premier Portland defense firm for several years. He looks forward to using his litigation skills to help injured individuals.

Josh graduated from Lewis & Clark Law School in 2019. While in law school, he clerked at the United States Attorney’s Office and served on the editorial board of the Environmental Law Review. He received the Law Review Excellence Award for his outstanding writing and editorial skills.

Josh grew up in Northeast Portland. He enjoys skiing, mountain biking, and the great outdoors.

Jane Clark Legal

1014 Franklin Street, Vancouver

360.859.3823

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The Ups and Downs of Practicing Law During COVID

By Courtney Mendoza

With almost two years of this Pandemic under our belts, we decided to get an update from folks about what they feel are some of the ups and downs of practicing law throughout this Pandemic.

A big thank you to those who contributed such great input: Hon. Kristen Parcher, Hon. Chad Sleight, DPA Laurel Smith, DPA Deb Wechselblatt, and several anonymous contributors. Here’s what folks had to say: I have been so impressed with our legal community’s ability to accommodate all the changes both in court and their own practices. For the most part people were really willing and able to set their offices up quickly to handle remote hearings and practice. However, I do really miss seeing people in person. I think a lot is missing from attorneys, court staff and judges not having informal conversations outside of court. I like practicing in a community where it is easy to get to know one another – I think it promotes civility and compassion among the parties. Also, it is easier to get opinions and ideas on the nuances of different departments and practice tips.

Sending an email or making a phone call can feel more formal than chats after dockets or around the office water cooler.

And I do think as the pandemic drags on it gets more and more tempting for participants to be less professional over Zoom than

we might otherwise see in person in a court room (my small pitch to continue reminding everyone and their clients to dress/act/mute like they mean it).

As much as I am looking forward to seeing people in person, I do think we will always have a much better ability to accommodate folks who use our court services. We will most likely continue to conduct certain hearings virtually to save time, parking, alleviate transportation issues, child care issues, etc. so that people can resolve their matters as soon as possible.

We have also been able to accommodate people that have moved out of state or are being held in custody somewhere else to resolve their matters and take care of warrants instead of having to wait to appear in person. As a court we don’t want to go backwards in regards to access to justice.

COVID policies certainly have their pros and cons. My favorite thing has been not having hours long dockets where people are spilling out into the hallways. My least favorite thing is having to say “you’re on mute.”

Like much in life sometimes there are silver linings to what may look like a disaster. I am so ready for us to move beyond the pandemic and to feel safe being with people again. That being said, the push it gave us to be creative as a court and as practitioners cannot be discounted.

On the whole, I think that our system has made a lot of positive changes, which has been a silver lining of this pandemic. I hope that we can keep virtual court appearances indefinitely.

It has been so helpful for both victims and defendants to not have to worry about transportation, extensive time off of work, childcare, etc. Improving access to justice has been a primary goal for all of us in the legal community, and virtual court has been a significant development in furtherance of that goal. On the flipside, the thing I have found most tedious is being able to truly connect with folks via Zoom/Teams/telephone/etc. In court, it is much harder to be compelling from a screen. In the office, it can be really challenging having meaningful conversations with people when so much of our communication as humans is non-verbal. Whether an attorney is meeting with a victim, a criminal defendant, someone going through a divorce or custody battle, or something else, so many of us are regularly having difficult conversations with folks who have just gone through some type of major trauma and I think the ability to exude empathy is often hampered by a virtual format.

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CCBA CLE Series: THE NEUROLOGY OF EQUITY AND INCLUSION AT WORK A three part series

The CCBA is proud to partner with Clark County Juvenile Court for a series of CLEs focusing on the neurology of equity and inclusion. Each 2 hour session will address recognizing and combating bias in our organizations and in our personal spheres of influence.

Speakers from Clark County Juvenile Court: Dawn Young - Program Manager II Ruhi Tufts - Program Manager II LaQuinta Daniels - Juvenile Probation Counselor April 11, 2022 May 9, 2022 June 13, 2022 3:00pm - 5:00pm via Zoom CCBA Members - $40.00 per session Non-Members - $60.00 per session Non-Attorneys - $10.00 per session

C C B A

2 Personal Development CLE Credits are approved for each session

WSBA & MBA Dues, Mileage Reimbursement Rates, & QuickBooks Desktop Mileage Tracker by: Emanuela Sandri | Attorney Bookkeeping Services, Inc.

For 2021 and 2022 license fees/dues, the non-deductible portion for the WSBA (Washington State Bar Association) and MBA (Multnomah Bar Association) are as follows. Tip: To easily identify for tax preparation, setup the non-deductible portion as a separate category. 

WSBA ~~~ $3.91 for 2021 and $3.55 for 2022

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MBA ~~~ $5.00 for 2021 and 2022

The IRS optional standard mileage reimbursement rates for business miles driven in 2021 and 2022 are as follows. For a chart of mileage rates since 1991, go to https:// en.wikipedia.org/wiki/Business_mileage_reimbursement_rate. 

56¢ per mile for 2021

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58.5¢ per mile for 2022

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Go to the Company menu and click Enter Vehicle Mileage

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Click Mileage Rates

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Enter the rate (e.g., .56 or .585), and click Close

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Dear Readers: We are honored to present a special edition of “Lawyer BFFs.” As you may know, long-time Clark County attorney Jim Mayhew passed away last fall. Jim’s obituary was published in the Columbian and can be found here: https://obits.columbian.com/us/ obituaries/columbian/name/frederick-mayhew-obituary?id=23890326 Jim’s Answers : 1. How did you meet? I met Tom Phelan at one of the last Prosecutors v. Defense attorneys soccer match. Tom was the goalie for the defense attorneys and since the prosecutors did not have a goalie, I volunteered. After the match, most players retired to the spot Tavern for liquid refreshment. Therese Lavallee, Tom and I the last to leave the tavern so we all became fast friends that evening.

2. What makes you lawyer BFFs? Both Tom and I practice criminal defense so we have that going for us. We would exchange points of law at lunches.

3. Favorite thing about your lawyer BFF? My favorite thing about Tom is his wicked sense of humor.

4. Favorite memory with your lawyer BFF? My favorite memory with Tom is standing at the southernmost point of Key West. We flew to Florida on a golf trip in Naples, Florida. Steve Leatham organized this golf trip. Tom and I decided to fly into Miami a day early for a road trip to Key West. We rented a convertible for a high-speed run down to Key West. The next day we drove across Alligator Alley to the West Coast of Florida. We stopped for a tour of Alligator National Park and then on to Naples for golf, sun and surf.

5. Favorite thing to do with your lawyer BFF? My favorite thing to do with Tom is to go on road trips and spend time in Las Vegas. Of course, we need to stop at In N Out Burger for a fix.

6. Anything else you want to share about being lawyer BFFs? Tom is a great friend and always willing to help others.

Tom’s answers: 1. How did you meet? Jim and I met after a soccer game between the defense bar and the prosecutors. I played goalie for the defense and Jim volunteered to play for the prosecution. The defense bar cleaned up and won handily, mostly due to my brilliant goal keeping and Jim’s probably not trying very hard to stop defense bar goals. We drank long into the evening after that at the Spot tavern on fourth plain. I’m pretty sure Jim got in trouble that night. Me? I made a lifelong friend.

2. What makes you lawyer BFFs? We would often , in Jim’s words, do “head raps” about local judges, prosecutors and other friends we had in common. Early on in our friendship, we talked on the phone a lot and pretty soon we were talking once a day on the pone and eating lunch together several times a week. I think what made us lawyer BFFs was that we both made each other laugh and had a lot in common.

3. Favorite thing about your lawyer BFF? This is easy. Jim was one of the funniest and most entertaining people I have ever known. We always found a way to laugh together.

Jimmy had a way of telling a story that would be interesting and without fail, make damn near any situation hilarious.

4. Favorite memory with your lawyer BFF? This is hard. There are so many of them.

Jim and I traveled on many boys golf trips and several local boys outings. Many revolved around golf, and in Jim’s case, often large quantities of scotch on the rocks.

We would always be roommates on these trips and that never got old. Jim describes a trip to Florida that ranks up there as one of my favorite memories with Jim. My absolute favorite memory of being with Jim was when he and I were out one warm July night in 1996 at a local bar. We were both single and there was a table of four beautiful women sitting next to us. Despite my persistent urging, Jim refused to go talk to them. There was one in particular I was eyeing. I eventually got up the courage and went by myself to strike up a conversation with the table. Eventually, Jim made his way over to the table and we all went dancing into the early morning hours. That woman I was eyeing?

She later became my wife and is the love of my life, Valda.

5. Favorite thing to do with your lawyer BFF? I loved to travel with Jim, play golf (even though he and Barry Brandenburg are the slowest players on earth) and I loved the daily conversations we would have, where we’d talk about everything from law, to family, to politics.

6. Anything else you want to share about being lawyer BFFs? Treasure the moments you have with your friends. Never take friends or family for granted. In the words of Don Henley: “one day they’re here, next day they’re gone”.

Epilogue Jim Mayhew and I both volunteered to write answers for the Lawyer BFF series.

It was just before Jimmy retired. Jim hurriedly slapped his answers to the questions we were given and sent them to me on January 23, 2020. He told me to edit them as I saw fit. I figured I’d get my answers together and send them into Hearsay along with Jim’s answers. But like everything else, I got too busy and eventually lost track of it. I figured I’d always have time to answer them. I guess I wanted to have more stories to share about me and Jimmy, and the new memories we were going to make.

In July, 2020, Jimmy closed up his solo practice and fulfilled a dream to move to South Carolina and live on a golf course. For the next year, he did what Jimmy 19

always did. He lived life to the fullest, made new friends at every turn and no doubt entertained all he came in contact with no matter when or where. We talked often about the curse of Covid, about the trials of learning to play golf better, and about how we couldn’t wait to see each other in person again and play golf all over the Carolinas.

I’d still call him on the way to work a few times a week, mostly on days I knew he wasn’t golfing. Often, we’d shoot the breeze about trivial things, like sports, or how we (mostly Jim) sucked at golf. Of course, we also managed to poke fun at each other and some of our other friends.

One day last summer, Jim told me he was going to drive with his daughter Amanda and his grandchildren from Colorado to Charleston and they were going to visit for a week and then fly home. A few weeks later, Jimmy went on his annual trip to upstate New York to what he called “water ski camp”. After these trips, the calls took a more serious tone. He told me his back was really hurting after those long drives and said he was eating Ibuprofen like candy. He went to see a doctor and learned he had a growth on his lower spine. He asked that I not tell people in Vancouver here until he knew what was going on. For the next few months, I’d call Jimmy to see how he was doing and we’d do our usual chatting about life. I told him that he was going to get through whatever it was and we’d be playing golf in no time, I told him that I was praying for him.

In what seemed like the blink of an eye, Jimmy wasn’t returning calls. We weren’t having our regular conversations. On August 8, 2021, I received text from Jim’s wife, Sharon. Jim had cancer she said and it was not good.

In an instant, Jim’s life, and our friendship took a dramatic turn. In the next few weeks Jim learned that the growth had rapidly spread to other parts of his body. I was fortunate to talk to him , but the calls became farther and farther apart and I was mostly left with communicating with his wife. I told Jim that he’d get through this and that I was sending him lots of good thoughts and love. For more than 3 weeks, Jim didn’t talk to anyone. He underwent several radiation and chemo treatments.

By September 15, Jimmy was getting hospice care at home. His wife said Jimmy wanted to see me. The trip I planned to South Carlina to play golf with Jimmy and have our usual fun and laughs became a trip to say good bye to my dear friend. On September 18, 2021, I flew out to see him. When I arrived, it was late in the evening.

He was awake, and couldn’t speak very well, uttering a word that was recognizable every so often.

My heart hurt, looking at my friend who was so full of life and not being able to somehow make it better. Yet, it was touching to see the person who had made me laugh so many times, try and smile when I walked into his room. Before I left for Charleston, I asked other friends of his from Vancouver to write letters to Jim, which I took with me and read to him that night. His eyes lit up when he saw me and as he heard from his friends he loved. I talked to Jimmy for a while, holding his hand and telling him what a good friend he was to me. I returned the next day and saw him again. He was weaker. We both knew it was his time to go. I talked to him some more and thanked him for the ride he and I had taken together in life as friends. I told him that I loved him and kissed him on the forehead. I left and drove to the airport. Just as I landed home, I received a text that Jimmy had died on September 19, 2021. He was not only my lawyer BFF, he remains one of my best friends in life. To those who knew Jimmy, you know what I mean when I say that despite his sometimes gruff persona, 20

he was a kind person who cared for his clients. More importantly, Jimmy loved and cared deeply for his family and friends. To those who did not know Jim, you missed a hell of a lot of fun and an opportunity to know one of the funniest and kindest humans you’d ever meet. Good bye, Jimmy. Until next time.

Tom A few of Jim’s other friends also sent in some remembrances of Jim: Barry Brandenburg: “Here’s to Jim: Jim could be a bit “salty” at times with his language and his opinions. As he couldn’t help expressing that opinion, he’d nearly get us in trouble on our boys’ golf trips around the country. However, when it came to relationships, Jim was unmatched in the love he shared and generosity he gave to each of us. Every year at Christmas, Jim would drop by my office with a framed photo of a golf outing we enjoyed that year. As you would imagine, I’ve got quite a few of those photos in my office. I treasure every one.”

Jim Senescu: “Every single year since 1998, Jimmy would insist we take a picture of us, then he would hand deliver a framed pic to me, Barry, Seeley and Nichols at Christmas. So sweet. Me, Jimmy and Barry played together EVERY year since 1998 [CCBA golf tournament] and we won many of those years.”

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New Attorneys at Clark County Prosecuting Attorney's Office by: Kristen Arnaud

Over the last year, the Clark County Prosecuting Attorney’s Office (CCPAO) has added several attorneys to our team. Some are familiar faces in the Clark County legal community and some are brand new to the area. Please join us in welcoming all of them to the office. We look forward the great contributions that they will bring to the Clark County community.

Toby Krauel graduated from Gonzaga Law School. Go Zags!

He brings his years of prosecution experience at both the Cowlitz County Prosecutor’s Office and the Whitman County Prosecutor’s Office, including a stint as the Chief Criminal Deputy in Cowlitz County. He has lived in the area for twentytwo years. He came to CCPAO to be closer to home and join a great team. He’s assigned to the Major Crimes Unit handling high level, complex felony cases. After work, he likes to play tennis to wind down.

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Cord McCabe graduated from Gonzaga Law School.

Before working for CCPAO, he was a Deputy District Attorney in Coos County, OR and then worked as a staff attorney for Youth, Rights and Justice in Portland. He’s lived in the Vancouver area for just over a year. He came to CCPAO because he enjoyed his previous prosecution work and felt a desire to get back into it.

He currently works in the Domestic Violence Unit handling felony cases.

After work, he enjoys taking his dog on long walks and playing some fetch to decompress.

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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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Clark County Bar Association CCBA BOARD OF TRUSTEES MEETING MINUTES January 4, 2022

Minutes for the CCBA Board of Trustees Meeting January 4, 2022; Meeting via Zoom Called to order 12:10 p.m. Jacobs, Phelan, Larson, Emrich, Aquadro, Wechselblatt (Darco present) December 2021 board meeting minutes: Motion to Approve Aquadro/Wechselblatt Approved Treasurer’s Report (Jacobs): Financial reports for December provided. Good reserves. Need CLE income.

Ongoing Items: Trustee Assignments Hearsay Committee: (Jacobs) no updates Social Committee:(Phelan) no events at this time CLE Committee: (Emrich) 2022 plan is coming, CLEs in December went well, hopes to have a On Base training update for the February board meeting as On Base is expected in March.

Membership: (Aquadro and Wechselblatt) planning an April/May/June juvenile court training, dates will depend on availabiltiy of judges.

Previous Action Items: Bench Bar Committees/Court Eval (Jacobs) The Superior Court consultant is scheduling interviews.

Bylaw Amendment: Committees/Trustee Roles (Jacobs) Tabled to February meeting Current Action Items: Membership Update (Darco) Members: 383, Non-Renewed: 71, New Members: 31, Last Year:417 Board members will make calls regarding renewals Barristers Ball will be pushed out to July or August for a second try at a Summer Soiree General Meeting in March discussed CLE topic idea to follow the meeting; discussed dates for meeting Adjourned 12:35 p.m.

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Clark County Superior Court

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BENCH/BAR COMMITTEE MEETING MINUTES January 11, 2022

BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT January 11, 2022 Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com), Dan Lloyd (Dan.Lloyd@cityofvancouver.us), Jessi Anderson (jessi@ccvlp.org), Le Ann Larson, (leannlarson@clark.wa.gov) Rachel Brooks (rachel@guardianship-law.com) Matthew Kimball (Matthew.

Kimball@clark.wa.gov), Anna Klein (Anna.Klein@clark.wa.gov), Leslie Lopez (Leslie.Lopez@ clark.wa.gov), Commissioner Sasser (jill.sasser@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. Commissioner Sasser: Mock Trial February 15, 16 and 17– recruiting attorneys and monitors.

We have ten teams. Going to get emails from me or another source asking to volunteer.

Attorneys can also be judges, if interested, let Judge Fairgrieve know. i. Judge Fairgrieve: Civil case this year, PI case. Mountain biker gets into accident – Issues are: Liability for ski resort; obligation to repair; recklessness; assumption of risk, etc.

Commissioner Sasser Cont.: Family law section having Happy Hour at Shanahan’s. It is Lisa Darco’s birthday! Commissioner Ellis working with Safe Babies Court for very young children in dependency, if interested email Comm Ellis or Shauna McCloskey (Shauna.McCloskey @ clark.wa.gov). Hearsay – if you want to see something in the articles or announcements, email Commissioner Sasser and she will bring it up. Inns of Court going remote, contact Commissioner Sasser is interested in joining. Truancy Court resumes in February and will be twice a month.

There is an At-Risk Youth Court, for those who don’t necessarily fit into Dependency Court.

Need more attorneys and Guardian ad Litems (“GAL”) for Minor Guardianship representation –email Cheryl Stone (Superior Court Administrator) or Matt Kimball (Indigent Defense) to get on a court-appointed attorney or Guardian ad Litem lists. We are going to start a committee to look at local rules – if you want to give feedback, Cheryl Stone would be a good contact.

The Court is recruiting pro tem judges, again, contact Cheryl Stone if interested. Judge Collier retiring June 30, that department will be vacant and filled by the governor. Major changes regarding restraining orders, keep on the lookout for a CLE in the future. b. Judge Fairgrieve: Jury trial suspension update: discussed at Judges meeting and we were not suspending trials at that time. Then, Dr. Melnick was consulted, who recommended suspending jury trials. We changed our position; Trials are suspended through end of January.

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All scheduled trials during this period were reset down the road; Going to revisit the end of January. Increase prevalence of Omicron lead to discission. Trial suspension may go through February, we don’t know. Does not affect bench trials, however.

1. Sean Downs: Electronic signatures for scheduling orders? a. Judge Fairgrieve: Yes, I believe the SC’s order still stands, has not been rescinded.

Judge Fairgrieve Cont.: Transition through CASA, which was managed by YWCA. They decided that the CASA program would not be supported by them starting January 1. Cowlitz County Child Advocates (CCCA) to take over beginning February 1. Should not change too much. c. Jessi Anderson: CCVLP is having a hard time finding family law volunteers to advise on Minor Guardianship. Need attorneys to come back in every facet, not just Minor Guardianship representation. Having hard time with run-of-the-mill family law cases too, as we are losing attorney volunteers. Get CLE credits for each hour you volunteer so please help if you are available. d. Anna Klein: Rachael Rogers on medical leave for two months and will be part time after that.

Changed email for Blake cases, please email now: Blakeprosecutor@clark.wa.gov e. Leann Larson: The need for civil representation for minor guardianship cases, the attorney who handled most of the cases has a change in employment – a big loss, need to recruit more attorneys who are willing to accept appointment. f. Rachel Brooks: When are we expecting a replacement for Liberty? i. Liberty coming to end of its life. Mr. Weber may be a good person to answer questions. ii. Nothing confirmed, no dates for implementation, training – no updates.

MEETING ADORNED 12:45 pm.

Respectfully Submitted,

Nicholas Alexander

Clark County District Court

HEADER (CHANGE ON MASTER B)

BENCH/BAR COMMITTEE MEETING MINUTES January 19, 2022

Present: Judge Parcher, Judge Bartlett, Judge Sleight, District Court Administrator Amber Emery, Administrative Services Manager Bryan Farrell, Court Operations Manager Anya Crossland, Gabriela Laddusaw, Kevin McClure, Andrew Wheeler, Donald Esau, Lauren Boyd, Katie Sinclair, Christie Emrich 12:02 pm: Meeting Called to Order Judge Parcher: The District Court Bench will be hosting monthly Bench Bar meetings the third Wednesday of each month at noon. The next meeting will be February 16th via Zoom.

Updates: New 6-week rotation in effect as of January 1st. All Departments will now handle Civil and DV dockets. DV Dockets will remain distinct from non-DV dockets.

Probation Model has been updated as of January 1st. Bryan Farrell invited discussion of new system at the February bench bar after it has been in place for a few weeks.

Presiding Judge Osler has created Strategic Action Groups to tackle issues facing the court. They are as follows: Court Innovation: Headed by Judges Parcher and Smith. This group is tasked with reviewing current docket procedures, including the 6-week rotation, looking at postCOVID docketing (In-person vs Zoom), the transition from Liberty to OnBase to Odyssey, Courtroom technology, the court’s website, and review of the infraction process Diversity, Equity, and Inclusion: Headed by Judge Bartlett, Amber Emery, & Anya Crossland.

The bench just completed a training entitled “Books not Bars” and has another training upcoming on the Neurology of Inclusion. Both the Bench and District Court staff are attending these trainings. The group will also be reviewing current hiring processes.

Community Court: Headed by Comm. George. The planning for Community Court was put on hold in the summer of 2020, but the planning group has recently reconvened and completing polices and working on securing a location.

Civil Docket Review: Headed by Judges Langsdorf and Osler. They are undergoing a forms review, reviewing court rules, as well as civil dockets and processes.

Pretrial and Probation Services: Headed by Judges Langsdorf and Sleight along with Lisa Biffle. They are looking at the current Work Crew program, considering implementing a DV MRT program, and reviewing the current Victim Panel that is offered by Corrections.

Employee Appreciation: Headed by Judge Sleight and Comm. George. The group is focusing on showing appreciation for staff and welcomes feedback regarding positive interactions with District Court.

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HEADER (CHANGE ON MASTER B)

Legislative Updates: Headed by Judge Bartlett and Comm. Priest. They are reviewing the legislative changes to Protection Orders and cross jurisdiction issues.

Current Presiding Judge is Osler. Assistant Presiding Judge is Parcher.

Upcoming issues: The Bench will decide whether to extend the current jury trial suspension order later today.

Bench will be determining which dockets return to in person and which remain virtual Discussions: Judge Bartlett reminded everyone that Speedy Trial is currently in an excluded period from January 7th until the defendant’s next court date.

Andrew Wheeler asked if there was an expectation by the bench of when a decision will be made regarding dockets returning to in person and how much notice practitioners can expect to receive. Judge Parcher indicated that changes were not anticipated before March, there would be at least a month notice to practitioners and it is likely that only morning arraignments and change of pleas would be returning to in person.

Katie Sinclair expressed concern about State cases on city dockets. It is difficult for her team to make these appearances and would prefer not to appear for agreed set overs. It would be helpful if Jas could email the PA when their case is called so the PA doesn’t have to wait for one matter. Kevin McClure agreed that this is difficult for his attorneys as well and proposed that special sets be used for defendants that have both state and city cases.

Andrew Wheeler noticed disparity in availability of change of plea dockets between departments. Katie Sinclair and Christie Emrich agreed regarding the lack of docket availability. The Bench is open to adding additional change of plea dockets to resolve the State backlog.

Judge Bartlett indicated that it is permissible for DV change of pleas to be set on other departments dockets to resolve cases quickly.

By Roger Priest

The Court is implementing a policy to track of a defendants open cases with the same department when possible.

Judge Parcher: If you have any items to add to the agenda for the February Bench Bar meeting please e-mail them to Gabriela at gabriela.laddusaw @clark.wa.gov Adjourn.

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