February Hearsay 2026

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

February 2026 2026

December 2019

Welcome, Commissioner Lopez!

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JESSE JACOBS OTLA Guardian / WSAJ Eagle Past President, Clark County Washington Bar Association

DON JACOBS Past Trial Lawyer of the Year, Clark County, WA Past President, Oregon Trial Lawyers Association

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.

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February Hearsay Contributors

Brad Andersen

Jason Rosenbaum

Jean Mccoy

Brad Andersen Law

Chenoweth Law Group, P.C.

Landerholm, P.S

Brad Andersen is a trial

Jason focuses his practice

attorney and litigator representing a broad range of clients in a wide variety of litigation and

trial

disputes.

on real estate, business a nd com mercia l, a nd construction litigation.

Jason represents both plaintiffs and defendants.

Jean McCoy’s practice focus is real estate transactions

and

conflict resolution, landlord/tenant and creditors’

Jesse Jacobs

Courtney Mendoza

NW Injury Law Center

Mendoza Law

Jesse Jacobs is a trial attorney

Courtney Mendoza started

representing personal

Mendoza Law in 2024,

injury clients in Southwest

representing clients in

Washington.

matters involving family law and criminal defense.

rights.

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senbaum

ned at White Oak Books to discuss its . This briskly paced mystery thriller gatha Christie blush. Despite several plot c ts latter half, the group mostly enjoyed the ealized cast of characters, especially the le leads. As expected, everyone found the a strong content warning, but nothing a he Reading Bar's verdict—8 out of 10.

w.Bar's upcoming events:

Adult Entertainment page 14

cially kicking off next month on Monday, fe and Pub (603 Main St, Vancouver, WA al socializing, followed by independent

h

uled for Monday, April 13, 2026, at 5:45 p.m.

D, Vancouver, WA 98660). Up next on the tta Lacks by Rebecca Skloot, a non-fiction ortal cell line, known as HeLa, that came The book explores issues of race, class, and spark thoughtful discussion.

The Reading Bar page 17

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New and Improved: Clark County District Court page 18

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The Honorable Meghan Peyton page 20

CCBA

President’s Message

By Nathan Petersen

We had a low-key holiday with some family in town. We were able to take the kids to watch the Blazers beat the Celtics, we hosted Leaa’s family Christmas party the Friday following Christmas and, despite intentions of spending New Year’s Eve on the town, we wound up staying home so our 16-year-old could go out and see the f inal episode of Stranger Things in the theater. We also got to see the local lawyer band, Warball, play at the Atlantis Lounge in Portland.

Is there any dispute that the worst day of the year is the f irst day back in the off ice after winter break? All the fun holidays behind you. The looming end of the football season. The fact that there are no major holidays or breaks for months to come. Despite all that, there is a nice calm to this season. More time at home and more time with family.

As for life at the CCBA, the Stroll Patrol has set some new dates for the new year, the Readng Bar is meeting on February 9th, and the Nuts and Bolts CLE “Inside the Jury Box” is on February 11th.

We hope to see you there.

NATHAN PETERSEN | CCBA PRESIDENT 8 NATHAN@THEPRLAWFIRM.COM | 360.326.4577

When Whitney Hawke was president, she would often share what she was reading, watching, listening to, etc. I always enjoyed that and want to keep it going: Listening: EuroCountry by CMAT Magic, Alive! By McKinley Dixon Watching: 11.22.63 - A Stephen King adaptation about a man who has an opportunity to travel back in time to stop the assassination of John F. Kennedy.

Sinners, 28 Years Later: The Bone Temple.

We have a lot of great events coming up for the bar: Thursday, February 26th - Stroll Patrol. Meet outside of Wheeler Boyd at Noon to stretch your legs and chat with friends. This is a fun event that helps break up the day.

Saturday March 7th - Barrister’s Ball. There are only a few tickets remaining.

Reach out to Lisa to check availablity.

Wednesday, March 11th - Business Valuation Nuts & Bolts CLE Monday, March 16th - CCBA General Meeting and Lunch

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CCVLP Presents: Quiz for a Cause Trivia Night Test your trivia skills while supporting a great cause! Join us for Quiz for a Cause, hosted by Geeks Who Drink, at Loowit Brewing Downtown on March 15 at 7:00 PM. This all-ages trivia night is a fun way to gather friends, enjoy great drinks, and put your random knowledge to good use.

Teams can have up to 6 players, with a $5 buy-in per person. Proceeds support our work to expand access to justice in our community.

Bring your team, bring your brain, and come ready for a fun night out.

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Clients Don't Often See the Whole Board

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Theresa Springer, CDLP® : 360.798.4161 l Dale Carstensen, CDRE : 541.659.1370 12 2ndsaturdayclarkcounty@gmail.com

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ADULT ENTERTAINMENT

By Jean McCoy and Jesse Jacobs

Now that we have your attention, this is not that kind of article. You may have noticed that along with a new Pinball venue in downtown Vancouver, many if not most establishments are also hosting trivia night and/or bingo night, with a little karaoke thrown in. You may go for the food and drink and stay for the fun – or the other way around. Let’s explore!

If you have not already been to the Silver Ball Social Club on the corner of Evergreen Boulevard and Broadway, it is a must visit.

Your intrepid reporters went around the holidays, and it was a common venue for office holiday parties. Along with the retro food choices (multiple corn dog options anyone?) the drinks were diverse with fun names (Ms. Pac-Man and Life Finds a Way). Add to that for $12.00 you get a wristband for unlimited Pinball play. As young players who would waste their quarters only to see that silver ball plunge directly toward the exit, it was refreshing to keep hitting reset and play over and over.

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Not only does the Silver Ball Social Club host Pinball Tournaments on Tuesday nights, but there is also Bingo, Trivia and Karaoke on other nights. Look up events here: https://silverballsocialclub.com/events.

This is not your childhood corner video game shop. No one under 21 is allowed.

The age restriction cuts down on the whining and running around, but only a little bit. Everyone looks better under neon lights, so plan your next girls’ night or date night here. They are also open for Brunch on Sundays from 11 am to 3 pm (the loaded hash browns look amazing).

Then if you finish your Pinball but you aren’t ready to go home, around the corner is the Full Heart Irish Pub, open until 2 am on Friday and Saturday. This is a really authentic Irish pub and somehow the Guinness tastes better from their tap. The Irish Whiskey choices on the menu is extensive and four different flavors of Drumshanbo Gunpowder Irish Gin. This venue also hosts trivia and bingo on certain nights, but the draw is the ambiance of the neighborhood Irish pub. Have a Toasty or Guiness Stew.

If you have never participated in trivia you may want some tips of the trade. You are best to include in your group both men and women, and from diverse age groups to answer the different range of questions. There needs to be someone who is good at sports, history and current events.

Remember Trivia Pursuit? Reading those cards is a good starting point to hone your skills. The internet is also full of tips and tricks.

If you are interested in trivia nights, check out your favorite pub or bar and most likely there is an opportunity for more adult entertainment. Five Star Trivia is one of the vendors and you can look directly on their site for the gig nights: https://5startrivia.com/ Your authors of Bottom’s Up will join you if you tell us where you are going. (Full disclaimer: No guarantee on the quality of our trivia knowledge, but we will buy the first round!)

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CCBA CONNECTS:

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The Reading Bar

By Jason Rosenbaum On February 9, the CCBA Reading Bar convened at White Oak Books to discuss its second book—Pretty Girls by Karin Slaughter. This briskly paced mystery thriller features enough twists and turns to make Agatha Christie blush. Despite several plot contrivances and implausible situations in its latter half, the group mostly enjoyed the book's many setups and payoffs and well-realized cast of characters, especially the troubled relationship between the two female leads. As expected, everyone found the book to be utterly disgusting and worthy of a strong content warning, but nothing a strong cocktail at Wahi Hana couldn't fix! The Reading Bar's verdict—8 out of 10.

Please mark your calendars for The Reading Bar's upcoming events: The Reading Bar’s Silent Book Club is officially kicking off next month on Monday, March 9, 2026, at 5:45 p.m. at Brewed Cafe and Pub (603 Main St, Vancouver, WA 98660). Join us after work for some casual socializing, followed by independent reading.

The Reading Bar's next meeting is scheduled for Monday, April 13, 2026, at 5:45 p.m. at White Oak Books (1700 Main St., Suite D, Vancouver, WA 98660). Up next on the reading list is The Immortal Life of Henrietta Lacks by Rebecca Skloot, a non-fiction book about Henrietta Lacks and her immortal cell line, known as HeLa, that came from Lack's cervical cancer cells in 1951. The book explores issues of race, class, and ethics in medical research and is sure to spark thoughtful discussion.

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NEW AND IMPROVED

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CLARK COUNTY

DISTRICT COURT

By Courtney Mendoza (she/her)

Location: 210 East 13th Street Vancouver, WA 98660 Clark County District Court has been upgraded into an entirely new courthouse! While Superior Court will continue to remain at the current Franklin Street location, District Court has officially moved as of the week of February 5, 2026. The new District Court courthouse is located at: 210 East 13th Street, Vancouver, WA 98660.

While some may remember this building as the old City Hall, it looks nothing like it did in those days. The entire building has been upgraded and feels brand new! There are still many moving parts as this ongoing transition project continues, but the upgrades are exciting and folks are encouraged to come check out the new place!

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The Hon o ra b l e Me gan Pe y to n B Y

S T E P H A N I E

District Court Judge Megan Peyton was celebrated by colleagues, family and friends at her Investiture Ceremony on January 8 at the Clark County Courthouse.

Peyton was chosen by the Clark County Council last fall to replace Kelli Osler, who retired.

Peyton said she was honored to replace Osler, adding that it is crazy Osler was the first female judge in District Court when she was appointed in 2010. Of the six District Court judges, four are women.

She thanked the several District and Superior Court judges in 20 attendance, telling each one

R I C E

what she admired about them.

She said she has learned from all of them over the years and is looking forward to working with them.

She told the crowded courtroom that she appreciated so many current and former colleagues attending the ceremony and that it reflects well on the local bar association that she has laughed so much in her 20-year career.

“There are many times I’ve thought, or said to other people, that I enjoy coming to work each day,” she said. “I enjoy solving problems, I enjoy learning new things and teaching new things to other

people. I’ve spent more time each day finding something to laugh about than to cry about and that’s, most importantly, because of the people I’ve worked with.”

Peyton most recently worked as a supervising attorney at Vancouver Defenders.

Superior Court Judge Robert Lewis, who spoke at the ceremony, said when he learned Peyton was going to be a District Court judge, he thought it was a perfect fit. He’d observed Peyton managing the first appearance docket in Superior Court, where she would have to talk to multiple people, quickly give them advice and review material to make recommendations on release. He also singled out her extensive work helping people who had State v. Blakerelated drug possession convictions get relief. That wasn’t as simple as filling out a form, he said. Peyton had to review thousands of cases and draft orders specific to each case.

He predicted she’ll do well on the District Court bench, where judges must work quickly.

“It’s knowing the law, knowing how to do things in court, handling yourself in court and dealing with high-pressure, high volume-situations,” Lewis said.

Peyton graduated from Willamette University College of Law in 2007.

Vancouver Defenders attorney Neil Anderson recalled when Peyton worked with him at his aunt Jan Anderson’s practice right out of law school. He said the defense bar’s loss is the judiciary’s gain.

“Even back then, as a Rule 9, she had a mind of her own,” Anderson said. “She wasn’t shy, in fact she was eager to disagree with senior attorneys.”

He said criminal defense attorneys often are talking to clients who are having the worst day of their lives and that stress can burn some attorneys out.

“Megan did not burn out. She thrived,” Anderson said. “I’m notorious for telling people, ‘Don’t fall in love with a problem. Solve the problem.’ I never had to tell Megan that because she knew it long before I met her.”

Anderson mentioned a serious felony Peyton worked with him on that ended with a great deal for the client. He said he wouldn’t have been able to do it without her, and that the client was so grateful he still calls the office once a month to tell Peyton about his life.

“Now I’ll have to take those calls,” Anderson lamented.

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Anderson’s aunt’s firm merged with Jeff Barrar’s Vancouver Defenders.

Peyton later left Vancouver Defenders to work at Greenen & Greenen before rejoining Vancouver Defenders.

She returned to Vancouver Defenders after telling Barrar, a few years after she became a mother, that she’d been stressed wondering how she was going to continue practicing law without losing her mind.

“He said, ‘Come on back, and we’ll figure it out.’ And Christie and I did,” she said, referring to then-managing partner Christie Edwards.

She then addressed Edwards, who took over from Barrar after he retired in April 2020.

“I will repeat that again. April of 2020. You had a fifth grader, a kindergartner and 20 other children, we’ll call them lawyers, and it was a worldwide pandemic. You kept the office running. You kept everyone employed … it has been an honor to sit next to you.”

After she was sworn in by Judge Kristen Parcher, Peyton was helped into her robe by her husband Griffin, daughters Hadley, 14, and Emma, 6, and son, Grayson, 12.

She thanked her children for their patience with her job and said they have occasionally been at the courthouse to wait for her to handle a case or at home, waiting for her to finish with a Zoom meeting.

She also thanked her husband, Griffin, whom she started dating as undergrad students at Western Washington University in 2000.

“There’s no one in this room that’s wanted this more for me or pushed me more to do this,” she said. “You are the dreamer in our family. I know many times I’ve been exasperated probably by this and questioned your sanity as to why you thought we could do all of it, but you did not let up on me. You told me I could do this, so I should do this.”

A22 b ou t th e Au t h o r : S te p ha ni e R i c e h a s w o r k e d a s a n i n v e st ig a t o r f o r V a n c o uv e r D e f en d er s s i n c e 2 0 1 5 a nd p revi ou s l y w o r k e d a s a r e p o r te r f o r T h e C o lu m b ia n.

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TheTrialWhisperer A series of articles

by Brad Andersen

For more than three decades, I’ve stood before juries, judges, and other decision-makers- first as a prosecutor, and later in a wide range of civil cases.

What I’ve learned is that success at trial rarely comes from luck. As Trey Gowdy puts it, “chance favors the prepared mind.” Experience is the great teacher, though too often it is what we gain right after we most needed it.

Many of the lessons I share here are things I wish I had done better, earlier, and more often.

This five-part series is about those choices and missed opportunities. My goal is not to offer theory for theory’s sake, but practical guidance—drawn from experience, mistakes and from some of the great trial teachers of our time—on how to pick the right cases, frame them with purpose, conduct discovery strategically, prepare with compelling themes and witnesses, and finally, present a story that empowers the jury to write their own ending that favors your side.

Part 3 – “The Will to Win Is Not Nearly as Important as the Will to Prepare to Win” - Vince Lombardi Chance favors the prepared mind.

The courtroom has always attracted myths. We imagine the great trial lawyer as a silver-tongued orator, confident and charismatic, winning juries with a wave of the hand and a booming voice.

However, in my experience, and based on the lessons of some of the best teachers in our craft, those things are secondary – cases are won mainly by those who have out prepared their opponent.

The lawyer who wins is not always the one who speaks loudly, dresses the 23

“Cases are won mainly by those who have out prepared their opponent.”

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sharpest, or charms the jury. The lawyer who wins is the one who has prepared the hardest. Rick Friedman in Becoming a Trial Lawyer, reminds us that he has never considered himself a great speaker—he describes himself as shy, sometimes awkward—but he has won extraordinary cases because he prepares relentlessly.

He leaves nothing to chance.

Purpose-driven litigation and discovery plan

In his book, Winning Your Jury, Robert Klein teaches that trial lawyers must plan their cases like military campaigns—choosing battles carefully, conserving resources, and always remembering the objective.

Charles Rose in Advocacy Case Files, reminds us that every piece of discovery should serve the story you are building for trial. If it doesn’t, it’s a distraction.

Preparation is not about doing everything. It is about doing the right things, with purpose, again and again. Too often, lawyers confuse activity with preparation— burying the other side in paperwork, scheduling depositions without a plan, or demanding every possible document “just in case” — which mostly wastes time, irritates judges, and incurs excessive costs for clients.

“Every piece of discovery should serve the story you are building for trial. If it doesn’t, it’s a distraction.”

— Charles Rose 24

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The Battle Plan Know what weapons you have in your arsenal, but don’t use all of them: Witness Interviews: Talk to every witness who matters. Don’t just collect names—collect stories, contradictions, and context.

Subpoenas: Think carefully about what records you will need to prove your story. Subpoena early so you’re not scrambling on the eve of trial.

Depositions: Discovery depositions are not about box-checking. They are about sculpting the testimony you’ll use at trial. Francis Wellman would say: never ask a question at trial without knowing the answer—so make sure you learn the answers now.

Requests for Admissions/motions for partial summary judgment: These are underused but powerful. Force your opponent to concede what should not be disputed, so the trial is about what matters.

Experts: Read everything your expert has written and everything about the opposing expert. Crossexamination of experts is won in the library, not in the courtroom.

Documents: Read the record—twice. Then read it again. Too many lawyers walk into trial never having studied their own exhibits carefully.

Crossexaminati on of experts is won in the library, not in the courtroom

These steps are not glamorous. They won’t make headlines. But they are how you build the arsenal you will need when you walk into trial.

Facts Are the Ammunition Trials are not won by rhetoric alone. They are won with facts—carefully gathered, organized, and deployed at the right time. Robert Burns reminds us that trial is moral drama, but even drama requires props, dialogue, and details. Preparation is how you make sure the facts you need are in the record, ready to be used.

The best closing arguments are not improvised—they are constructed on the foundation of facts you have spent months gathering. The best crossexaminations are not witty retorts—they are the culmination of depositions, research, and planning.

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The Discipline to Prepare Abraham Lincoln put it this way: “Give me six hours to chop down a tree and I will spend the first four sharpening the axe.”

Preparation is not easy. It takes discipline to keep reading, keep questioning, keep drafting, keep planning. It is easier to assume you already know enough.

But the difference between “good enough” and “fully prepared” is often the difference between winning and losing. The jury will only follow your trail to a just verdict if you can demonstrate that you have thoroughly scoped out the forest.

Rick Friedman proves this point: He wins because he refuses to leave stones unturned; relentless preparation and having fully exhausted all avenues of truth.

As he has put it, “Preparation is what allows an ordinary lawyer to do extraordinary things.”

Conclusion: Sharpening the Axe The will to win makes us competitive. But, the will to prepare to win makes us effective when it matters most -when the jury walks into the box and the judge gavels in the trial.

The lesson for trial lawyers is clear. Winning is not always about charisma or theatrics. It is about preparation—the quiet, disciplined, sometimes tedious work of gathering facts, mastering the record, and building a battle plan. That is what turns ordinary advocates into solid if not extraordinary trial lawyers.

Brad Andersen has been a trial attorney in Southwest Washington for more than thirty years and has26learned the hard way how to take a case from start to finish. For questions or advice you26can reach Brad at (360) 638-3007 or brad@bradandersenlaw.com

Clark County Superior Court

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BENCH/BAR COMMITTEE MEETING MINUTES

February 10, 2025

Persons in attendance: Judge Camara Banfield (Camera.Banfield@clark.wa.gov), Jessi Anderson (jessi@ ccvlp.org), Rachel Brooks (rachel@guardianshiplawgroup.com) Alexander Reaganson (alexander.reaganson@ nwjustice.org) -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. The next meeting will be Tuesday, February 10th at 12:00. Please email Jessi Anderson (jessi@ccvlp.org) for the Zoom link if you would like to attend.

Meeting commenced: 12:05 pm

Meeting adjourned:12:15 pm

Meeting Updates: Court updates: Judge Banfield: Civil: Civil continuance policy came out- it’s on the Superior Court Website, hopefully sent out to the various bar associations. This will likely also be incorporated in our LCRs so that attorneys outside our jurisdiction have access to the information as well.

Specifically with regard to unlawful detainer matters, the court is having a hard time with the way that UDA orders are coming in. Some are coming in hard copy, some are coming in emails, often times they are coming in duplicate ways and that’s causing confusion. We need to come up with a more reformed process for submitting orders.

For example, sometimes an attorney in court will present a hard copy of an order, while their legal assistant is also sending an electronic copy of the order.

This is an issue specific to orders at this time, as briefings come in a variety of ways.

Please make sure that if orders are being emailed after the docket that they are being sent to the unlawful detainer email box (udexparte@clark.wa.gov) and not to the judge’s judicial assistant. Before an attorney sends orders to the above email address they must have signed the User Agreement for Ex Parte Email Address (agreement language found below following the end of notes).

Mock Trial coming up next week (February 18th & 19th).

They are still short on judges. There is need for judges for the Wednesday 11:00, Thursday 11:00, 2:30, 5:30 sessions. Please email Judge Fairgrieve if you would like to volunteer to be a judge.

Guardianship/Probate bar: Rachel Brooks

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Upcoming training: The Guardianship and Probate bar is hosting a training on February 24th at noon for a presentation by the Office of Public Guardianship. The Office of Public Guardianship has had a pilot program for many years and in the last handful of years they have started taking cases out of Clark County. Please watch for information on this training or contact Rachel Brooks with questions.

Northwest Justice Project: Alexander Reaganson Regarding criminal reentry matters: there have been pro se litigants trying to do Blake vacates on their own who have been turned away from the clerk’s office after being told that they “had” to have an attorney to proceed with a State v. Blake vacate action.

Mr. Reaganson will forward the clerk’s email rejection to Judge Banfield for the court/clerk meeting.

Clark County Volunteer Lawyers Program: Jessi Anderson CCVLP’s Record Vacating and LFO clinic program is reopening. Any attorneys interested in volunteering in this clinic please email Mia Demay (mia@ccvlp.org). There will be a free training for attorneys interested in the subject area on Monday, March 2nd from 10:00-11:00 AM. Please reach out to Mia if you’d like to attend.

Respectfully submitted, Jessi Anderson

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Clark County Bar Association

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CLARK COUNTY BAR ASSOCIATION BOARD MEETING

January 6, 2026

Minutes for the CCBA Board of Trustees Meeting January 6, 2026 1. Called to order 12:06 pm, Petersen, Rapp, Melnick, Larson, Busby, Mendoza, Sherman, Executive Director Darco.

2. Approval of December 2, 2025 board meeting minutes: (Melnick/Rapp), Approved 3. Treasurer's Report: (Melnick) Dues revenue is a few thousand dollars down, overall income is down as is consistent with this time of the fiscal year. Expenses are up. Ben is working on a proposal for section funds. Taxes are being worked on.

4. To Discuss a. Membership Update (Darco): Current: 375 members, 83 have not renewed from last year, 17 are new members to the CCBA. Last year on January 1st we had 410 members. Staff memberships 41, 43 total last year. b. CCBA employee wage increase due to minimum wage change (Mendoza/Rapp) Approved c. WSBA Speak Up for Justice event: The WSBA will host this event in Vancouver.

Details to come.

Adjourned 12:35 pm

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