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ccbawashington.org<br />

MAY 2012<br />

OFFICIAL NEWSLETTER OF THE CLARK COUNTY BAR ASSOCIATION<br />

<strong>CCBA</strong> <strong>Welcomes</strong><br />

<strong>Judge</strong> <strong>Gonzales</strong><br />

page 14<br />

page 5


THIS MONTH’S ISSUE<br />

President’s Message ............................................................................3<br />

The <strong>CCBA</strong> <strong>Welcomes</strong> <strong>Judge</strong> <strong>Gonzales</strong> ................................................5<br />

2012 CLE and Nuts & Bolts Calendar ..................................................8<br />

<strong>CCBA</strong> Monthly Board Meeting Minutes..............................................10<br />

CLE - Adoption ....................................................................................11<br />

Superior Court Meeting Minutes ........................................................13<br />

Family Law Section Meeting ..............................................................14<br />

Double Hearsay ..................................................................................15<br />

Kids Love Lawyers! Students Learn About Civics ............................17<br />

INHERITING THE WINDBAGS: Monkeying Around with Justice ......20<br />

Guantanamo & Kenya Enthrall American Inns of Court Members....22<br />

Hearsay Profile: Douglas Foley ..........................................................23<br />

Clark County Volunteer Lawyers’ Program ........................................24<br />

Law Library News................................................................................25<br />

News You Can Use..............................................................................25<br />

Attorney Bookkeeping Tips ................................................................25<br />

SW Washington Lawyer Referral Service ..........................................26<br />

Events Calendar ..................................................................................26<br />

HEARSAY is published 12 times per year and is design edited by:<br />

JEFF GOUGH, Creative Director • GOUGH CREATIVE GROUP<br />

360-818-4GCG • director@goughcreative.com<br />

An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy<br />

subscription for $48.00. Letters, news items, upcoming events and announcements are welcome.<br />

Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited<br />

for length, clarity and style. Submissions by members are published at the editor’s discretion and space<br />

available. Views expressed in articles represent the authors’ opinions, not necessarily the <strong>CCBA</strong>’s.<br />

The publication does not purport to offer legal advice.<br />

RICHARD G. SPIER<br />

MEDIATOR<br />

<strong>CCBA</strong> OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m.<br />

Highly experienced–full-time neutral since 1992<br />

<br />

Business & commercial; personal injury;<br />

employment; real estate & construction<br />

<br />

Listed for Mediation in<br />

The Best Lawyers in America ®<br />

<br />

Member, Oregon and Washington Bars<br />

503-284-2511<br />

Fax 503-284-2519<br />

rspier@spier-mediate.com www.spier-mediate.com<br />

2536 N.E. 28th Avenue Portland, Oregon 97212-4916<br />

No charge for travel time or travel expense in Oregon and Washington


PRESIDENT’S MESSAGE<br />

JOHN FAIRGRIEVE<br />

<strong>CCBA</strong> President<br />

Dear fellow bar association members:<br />

There are two matters I would like to discuss this month. The<br />

first concerns current initiatives the Clark County Bar Association<br />

is pursuing. The second concerns the potential impact that<br />

certain recommended cuts to the Washington State Bar Association<br />

budget would have on local attorneys who are involved in,<br />

or may be interested in becoming involved in, WSBA activities<br />

in the future.<br />

On March 26 of this year our association had its second and last<br />

general membership meeting of the year. After a number of<br />

reports summarizing our financial status and activities, we<br />

engaged in a guided discussion about the priorities of the association.<br />

In general, we discussed the continuing legal education<br />

program, the proposed mentorship program, a proposal that we<br />

become more involved in civics education, our current dues<br />

structure, and ways to increase participation by our members in<br />

our activities.<br />

At its meeting in April and again in early May the <strong>CCBA</strong> Board<br />

of Trustees discussed the information gathered from our members<br />

at the meeting in March, particularly as it related to creating<br />

a mentorship program and increasing our involvement in civics<br />

education. Concerning the former, after discussing the components<br />

of successful mentorship programs and the Oregon State<br />

Bar Association’s mandatory New Lawyer Mentoring Program<br />

the board has decided to host a meeting which will occur in June<br />

to discuss what sort of mentorship program the members of our<br />

association want and would be willing to actively support. The<br />

time, date and location of this meeting will be published shortly.<br />

Turning to civics education, Jill Sasser, one of our trustees and<br />

one of the organizers of the mock trial competitions for the past<br />

two years, has informed the board that she believes that the program<br />

could be expanded to high schools that do not currently<br />

field teams. Once Jill determines what the level of interest is she<br />

will report back to the board and we will begin to recruit attorneys<br />

to coach the new teams. If you are interested in doing so<br />

please contact me or Lisa Darco, the association’s office manager,<br />

at ccbamanager@ccbawashington.org.<br />

Finally, as you are probably aware, the WSBA member referendum<br />

to reduce license fees to $325 recently passed. The WSBA<br />

Board of Governors met on April 27-28 to address a number of<br />

matters, including a series of budget recommendations by the<br />

WSBA’s Budget and Audit Committee to close what it estimates<br />

is a $3.6 million budget gap. One of the recommendations is to<br />

eliminate funding for positions on WSBA standing committees,<br />

boards and task forces. The effect of this recommendation will<br />

be that volunteer board and committee members will no longer<br />

be reimbursed for travel expenses including airfare, mileage,<br />

lodging, and meals. Details of the Budget and Audit Committee’s<br />

recommendations can be found at<br />

http://www.wsba.org/About-WSBA/Governance/Board-of-<br />

Governors/Meeting-Materials. The Budget and audit<br />

Committee’s recommendations can be found on pages 631-633.<br />

For many reasons the WSBA suffers from a Seattle-centric orientation<br />

and it is important for attorneys from other regions of the<br />

state to serve in leadership positions within the state bar. It is<br />

already a hardship for many local attorneys to serve on WSBA<br />

committees, boards and task forces due to the time it takes to<br />

travel to meeting sites. Withdrawing reimbursements for travel<br />

expenses will have the net effect of further discouraging attorneys<br />

from outside the Seattle area from participating in<br />

leadership positions in the WSBA.<br />

I urge you to take a few minutes to inform yourself about the<br />

cuts being proposed to the WSBA budget, and to make your<br />

feelings known to our WSBA representatives. Our governor,<br />

Brian Kelly, can be reached at bkelly@localaccess.com. The<br />

WSBA president, Steve Crossland, can be reached at<br />

steve@crosslandlaw.net.<br />

Visit us online at: ccbawashington.org<br />

HEARSAY - MAY 2012 3


WILLIAM F. NELSON<br />

Baumgartner, Nelson & Price, PLLC<br />

Celebrating forty years of evaluating,<br />

settling, and trying claims of<br />

professional negligence and<br />

serious personal injury in<br />

Southwest Washington.<br />

Many thanks to the more than<br />

sixty lawyers, judges and court<br />

personnel for the referrals<br />

that have made this celebration<br />

possible.<br />

And special thanks to my partners<br />

of fifteen years - Bill Baumgartner and Greg Price.<br />

Available for consultation or referral<br />

on professional negligence and serious personal injury claims.<br />

Martindale-Hubbell bell recognizes<br />

William F. Nelson as an AV rated<br />

attorney, the highest such<br />

rating<br />

available to any<br />

individual lawyer.<br />

112 W.11th Street,<br />

Suite 150<br />

Vancouver,<br />

WA 98660<br />

Phone:(360) 694-4344<br />

wnelson@bnplaw.com | mthompson@bnplaw.com<br />

www.bnplaw.com<br />

4 CLARK COUNTY BAR ASSOCIATION


The <strong>CCBA</strong> <strong>Welcomes</strong> <strong>Judge</strong> <strong>Gonzales</strong><br />

DON JACOBS<br />

Hearsay Special Correspondent<br />

Gregory Michael <strong>Gonzales</strong> is now “Your Honor”. <strong>Judge</strong> <strong>Gonzales</strong><br />

became the newest member of the Clark County Superior<br />

Court bench replacing retiring <strong>Judge</strong> Edwin Poyfair. Appointed<br />

by Governor Christine Gregoire to fill the seat, <strong>Judge</strong> <strong>Gonzales</strong><br />

will take over the opening in Department 4.<br />

<strong>Judge</strong> <strong>Gonzales</strong> was sworn in May 1st by <strong>Judge</strong> John Nichols and<br />

by all accounts, leaped into the duties like a kid entering Disneyland.<br />

The word "enthusiastic" was the most used by others<br />

describing his first days. The official investiture ceremony was<br />

late Friday afternoon on May 4th in <strong>Judge</strong> Barbara Johnson's<br />

courtroom. The place was packed to the rafters with family, well<br />

wishers and members of the bar. In an unusual twist, <strong>Judge</strong> <strong>Gonzales</strong><br />

used the occasion to announce he'd just become engaged to<br />

Molly Trafelet, his now fiancé. Local historians have been consulted,<br />

and this is believed to be a first in Clark County. No other<br />

judge in memory has used the investiture ceremony to also<br />

announce their engagement. There was even a little suspense<br />

involved. The <strong>Judge</strong> happily informed the crowd he'd asked<br />

Molly to marry him, but didn't tell us her response. So <strong>Judge</strong>,<br />

she said yes, right Although, one could assume the response was<br />

positive since Molly handled the role of helping his honor into his<br />

first Clark County Superior Court standard issue black robe.<br />

After <strong>Judge</strong> Johnson did the official swearing in, the standing room<br />

only crowd heard from Mike Roe describing his years with the<br />

<strong>Judge</strong> in private practice. Then <strong>Judge</strong> Bennett said a few words<br />

about the job followed by the newest judge thanking all assembled.<br />

He mentioned he was truly humbled by all the support he received<br />

and the overwhelming favorable response in the bar poll. When<br />

he sat down with the rest of the gowned members of the bench in<br />

attendance, it immediately looked like he belonged there.<br />

So <strong>Judge</strong> <strong>Gonzales</strong> is joining a pretty elite club. Although the<br />

<strong>Judge</strong> did preside over the Battle Ground Municipal Court for<br />

the last seven years, a big learning curve awaits. That's primarily<br />

because it looks like he'll be filling <strong>Judge</strong> Poyfair's family court<br />

slot with <strong>Judge</strong> Rulli over in the annex. He'll even slide right into<br />

<strong>Judge</strong> Poyfair's old office. <strong>Judge</strong> <strong>Gonzales</strong> admits he wouldn't<br />

know a family law case if it bit him. Fortunately, he also inherits<br />

Gizella Darfler, <strong>Judge</strong> Poyfair's very capable JA.<br />

The local historians were consulted one more time and it is<br />

believed <strong>Judge</strong> <strong>Gonzales</strong> is the first person of color to occupy the<br />

Superior Court Bench in Clark County. It wasn't that long ago<br />

that Clark County saw its first female on the bench. So history<br />

was made twice in <strong>Judge</strong><br />

Johnson's courtroom that<br />

day. Funny, but I've<br />

never thought of <strong>Judge</strong><br />

<strong>Gonzales</strong> as a person of<br />

color. He was just Greg<br />

<strong>Gonzales</strong>. A funny, effervesent<br />

and passionate<br />

guy who really cared<br />

about his clients and the<br />

practice of law, with the<br />

reputation of being a very<br />

fine lawyer. I guess that is<br />

where we are all trying to<br />

get to in this society. I<br />

asked the <strong>Judge</strong> about<br />

this historic first in our interview. Although the significance of it<br />

wasn't lost on him, he too says he just always thought of himself<br />

as Greg <strong>Gonzales</strong>, and hoped others did as well. Nevertheless,<br />

this is a nice plus with his appointment. The county gets a really<br />

good candidate to dispel justice and a significant and increasing<br />

percentage of our population sees someone who looks like them<br />

on the bench.<br />

<strong>Judge</strong> <strong>Gonzales</strong> graduated from Lewis and Clark Law School in<br />

1981. His undergrad years were at UC Riverside. Of note is his<br />

baseball career at the school. The <strong>Judge</strong> was the starting second<br />

baseman in his senior year when the school won the Division II<br />

National Championship. Skills he put to some use over his thirty<br />

years in the community acting as a volunteer coach for kid's<br />

sports. He came to Clark County when Bill Baumgartner offered<br />

him a job in the summer of 81 with the then firm of Weber,<br />

Baumgartner & Gunn. He's stayed with the firm ever since,<br />

doing civil litigation.<br />

Of course <strong>Judge</strong> <strong>Gonzales</strong> does have to run for election in<br />

November. So far, no one has announced any plans to challenge<br />

him for the seat. Given how well he fared in the bar poll, any<br />

challenger would have an uphill battle. At 56, it's seems unlikely<br />

<strong>Judge</strong> <strong>Gonzales</strong> will ever return to his career as a lawyer. Which<br />

is something he tells me he'll miss. When asked what he'll miss<br />

most about private practice, he talked about being able to help<br />

clients. The first lawyer in his family, <strong>Judge</strong> <strong>Gonzales</strong> told me his<br />

biggest achievement in life was when he became a lawyer. Well<br />

<strong>Judge</strong>, you just eclipsed that. Welcome to the bench your honor.<br />

Many of us hope you'll be there for a long time.<br />

HEARSAY - MAY 2012 5


The <strong>CCBA</strong> will be hosting a<br />

Title 11 Guardian ad Litem training on June 15 and 16<br />

at the Water Resource Education Center.<br />

Please contact Lisa Darco in the <strong>CCBA</strong> office for more information.<br />

6 CLARK COUNTY BAR ASSOCIATION


HEARSAY - MAY 2012 7


2012 CLE and Nuts & Bolts Calendar<br />

Call 695-5975 to register<br />

For firms with new associates, this series is a great way to support your local bar association and provide new<br />

associates with an introduction to the community and a broad set of useful legal skills and information.<br />

Conference<br />

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The <strong>CCBA</strong>’s office<br />

conference room<br />

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reasonable rates.<br />

Call Lisa at: 695-5975<br />

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8 CLARK COUNTY BAR ASSOCIATION


Trial Skills CLE: Practical Day<br />

SUZAN CLARK<br />

Hearsay Special Correspondent<br />

On May 5, 2012 the Clark County Bar Association sponsored a<br />

day long trial skills CLE at the Clark County Courthouse. In the<br />

preceding months, the <strong>CCBA</strong> sponsored a number of Nuts &<br />

Bolts CLE’s providing instruction on the various phases of a trial<br />

including jury selection, direct and cross examination of witnesses,<br />

opening statements and closing arguments. The trial<br />

skills seminar served as an opportunity for participants to practice<br />

and hone the trial skills they had learned in the classroom.<br />

Participants met at the Clark County Courthouse at 7:45 a.m. on<br />

a Saturday morning to present the various parts of a trial in small<br />

groups with a judge and a trial mentor. <strong>Judge</strong> Nichols, <strong>Judge</strong><br />

Lewis and <strong>Judge</strong> Melnick graciously volunteered their time to<br />

preside over the various phases of the trial. Don Jacobs and myself<br />

served as mentors providing critiques and suggestions to the participants.<br />

Don and I also played witnesses in the direct<br />

examination and cross examination parts of the trial. Don won<br />

rave reviews for his performance as a defense expert witness in a<br />

auto collision case and I tormented the attorneys with my performance<br />

as a heroin addicted defendant in a criminal fact pattern.<br />

Representing Injured<br />

Workers on Their<br />

Washington Claims<br />

Busick Hamrick, PLLC<br />

All participants served as “jurors” during the jury selection session and<br />

the remainder of the day smaller groups of attorneys worked with a<br />

judge and a mentor in an actual courtroom to individually present the<br />

material. Where possible, attorney participants were given the option<br />

of presenting material from an actual case they were working on. I<br />

had the pleasure of working with all three judges during the day and<br />

all of the attorney participants. From the perspective of 26 years as a<br />

litigator, I learned many things from my participation in the CLE.<br />

Many thanks to our CLE Committee Chair, Jane Clark who<br />

planned and participated in the event on Saturday and gave birth<br />

to a baby girl on Monday! Thanks to Don Jacobs lending his litigation<br />

expertise to the CLE. Thanks to our bar staff for their<br />

administrative support early on a Saturday morning.<br />

A special thanks to <strong>Judge</strong> Lewis, <strong>Judge</strong> Nichols and <strong>Judge</strong> Melnick for<br />

volunteering to serve as judges to provide a realistic trial experience for<br />

our participants. The feedback from members of the bench to participants<br />

made this a terrific learning experience for everyone involved.<br />

CHUCK<br />

CORRIGAN<br />

<br />

<br />

<br />

Steven L. Busick Frances R. Hamrick Douglas M. Palmer<br />

(360) 696-0228<br />

1915 Washington Street Vancouver, WA 98660<br />

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HEARSAY - MAY 2012 9


<strong>CCBA</strong> Monthly Board Meeting Minutes<br />

April 11, 2012<br />

DAVID GREGERSON<br />

<strong>CCBA</strong> Secretary<br />

Board members in attendance: J. Clark, K. Rylander, D.<br />

Gregerson, A. Dunn, J. Fairgrieve, (presiding). J. Sasser arrives<br />

12:28 PM. Staff in attendance: L. Darco<br />

1. Fairgrieve called the meeting to order at 12:10 PM.<br />

2. Approval of minutes from March 7, 2012. Correction: Jane<br />

Clark was not in attendance. On motion duly made, seconded,<br />

and passed, minutes are APPROVED<br />

3. Nellor is not present, therefore no verbal treasurer’s report.<br />

Written financials were provided. Nellor made a detailed report at<br />

the general membership meeting last month showing positive<br />

direction since last year’s crisis.<br />

4. Old business:<br />

a. Kaiser balance transfer: reported that bank documents have<br />

been signed and monies transferred.<br />

b. March general meeting recap: Fairgrieve reported that 20-25<br />

were in attendance, board discussed efforts to boost turnout at<br />

next meeting in the fall. Board will consider a member survey to<br />

get feedback on direction of policy.<br />

c. Mentorship program: Fairgrieve reports that he has some individuals<br />

willing to serve on a mentorship committee to assemble<br />

an outline for a proposed program.<br />

d. Civic/Legal education and outreach: Issue was raised a general<br />

membership meeting. There seems to be general support for the<br />

idea, but details and concrete plans still need discussion and<br />

direction. Discussion held (brainstorm) about ways to reach<br />

out into schools, community, etc.<br />

e. Office support and compensation: Committee will convene to<br />

set date and time to address the issue.<br />

5. New Business<br />

a. Lease renewal: Discussion held. On motion duly made, seconded,<br />

and PASSED, David Gregerson is given general<br />

authority to negotiate lease terms, subject to board approval at a<br />

later meeting.<br />

b. Press Releases in Hearsay: Discussion held about whether and<br />

how to allow press releases in Hearsay. It was noted that many<br />

press releases are more properly described as advertisement.<br />

Rylander will draft a proposed policy for board approval.<br />

c. Veterans Court use of ListServ: Darco reports that requests have<br />

been made to use the listserv for announcements. Consensus is<br />

that these are better done through Hearsay Magazine.<br />

d. Membership fee scale options: Fairgrieve reports on dues for<br />

comparable sister organizations to compare value against what<br />

<strong>CCBA</strong> charges. Discussion held. No consensus at this time for<br />

change in existing policy. On motion duly motion, seconded,<br />

and made, the board approved a change in policy to bifurcate<br />

dues through the year, with September to be a “grace month” for<br />

membership benefits until dues are renewed.<br />

e. Use of Mila’s accountant for training Lisa: Darco seeks approval<br />

to have information accountant consultation, at no cost, but<br />

nevertheless with nondisclosure provisions.<br />

f. VLP fundraising announcement on ListServ: Gregerson<br />

requests an e-mail blast for the May 11, 2012 CCVLP box lunch<br />

fundraiser event. Discussion held. Dunn suggests that <strong>CCBA</strong><br />

consider a monthly aggregate e-mail blast for this type of<br />

announcement. Board will form a committee or come up with a<br />

proposal. In the interim, in the interest of consistency,<br />

Gregerson’s VLP request is denied.<br />

6. There being no more business before the board, on motion duly<br />

made, seconded, and passed, the board meeting was<br />

ADJOURNED.<br />

Advertise with us!!!<br />

Reach 500 Attorneys and Legal Professionals throughout Clark County!<br />

Call Lisa Darco for pricing & space availability at 360-695-5975<br />

10 CLARK COUNTY BAR ASSOCIATION


The Clark County Bar Association is pleased to announce its<br />

Twentieth Nuts and Bolts Lecture:<br />

Adoption<br />

by Attorney Marie Tilden<br />

Wednesday, June 13th , 3:00 – 5:00 PM<br />

at the Red Lion at the Quay<br />

The cost is $50 for <strong>CCBA</strong> members, $70 for non-member attorneys, and $25 for nonattorneys.<br />

This will get you 2 CLE credits and the speakers’ prepared materials to<br />

download. There is an extra fee if you want to pick up the materials at the door.<br />

Ü Refreshments and Refined Company Û<br />

To register: Call the <strong>CCBA</strong>, (360) 695-5975, OR email: cle@ccbawashington.org, OR<br />

FAX this flyer back to the <strong>CCBA</strong> at (360) 737-6891 with your:<br />

NAME ___________________________________PHONE # __________________________<br />

BAR NUMBER _______________________EMAIL _________________________________<br />

Marie N. Tilden. One of the major areas of Marie’s practice is adoption and surrogacy law, including independent, domestic<br />

placements; agency adoptions; international placements and documentation for entry into the US; contested terminations;<br />

and related issues. She has branched out into representing egg donors and intended parents in Artificial Reproductive Technology<br />

(ART’s practice) a rapidly expanding area of law. Her practice includes representation of US expat citizens living and<br />

adopting abroad; addressing the citizenship and visa issues between their resident country, country of adoption and the US.<br />

She also consults with agencies and adoptive families regarding issues arising from the Hague Convention on Intercountry<br />

Adoption.<br />

Marie received her B.S. degree from the University of Oregon, 1979 and J.D. from the University of Texas, School of Law,<br />

with Honors, 1985. Marie was the founder of Cascade International Children’s Services, an international adoption agency in<br />

Portland and served as its director for several years. She established foreign adoption programs in Bulgaria, China, Vietnam,<br />

India, Colombia and Guatemala.<br />

An out line of Marie’s talk appears on the following page<br />

HEARSAY - MAY 2012 11


THE NUTS AND BOLTS OF ADOPTION LAW<br />

By Marie Tilden, Attorney at Law<br />

BASICS:<br />

● Who can adopt: Married Single Same-sex couples Men Women Who is too young to adopt, and who is too<br />

mature<br />

● Who can be adopted<br />

● How long does adoption take<br />

● How much does an adoption cost<br />

BEYOND THE VERY BASICS:<br />

● Normal steps in a domestic, independent placement.<br />

● Normal steps in an international placement.<br />

● What about adopting through DSHS, how does one adopt a child already in the subject of a dependency action<br />

● Other: step-parent, adult adoptions, re-adoptions, older child adoptions, what should you know<br />

NOW TO THE EXPERT LEVEL:<br />

● Minor birthparents, anything different<br />

● Birthparent under a disability; obtaining valid consent(s) to terminate rights<br />

● Birthparent objects to terminating his/her parental rights, what are the legal standards for a winning case<br />

● Visa classifications for foreign adoptions, obtaining US citizenship, dealing with USCIS, dealing with foreign<br />

entities, oh my!<br />

NOW, TO APPLY ALL THIS KNOWLEDGE, A POTENTIAL CLIENT CALLS AND…<br />

1. wants to adopt their young niece from Country X because her family is too poor to raise her and wants you to do the<br />

adoption. What do you need to know What can you do<br />

2. says that the father of their child does not want to pay child support anymore and is willing to “give up his parental<br />

rights”. Potential client is excited because now she won’t have to deal with him anymore and considers the loss of child<br />

support a small price to pay. What do you say What can you do<br />

3. says that they have just returned home with their new child from country X and want to “re-adopt” but they notice that<br />

they received an IR-4 visa when their friends’ paperwork says they have an IR-3 visa. They wonder if it matters and what it<br />

means. What should they do in the US Does their new child have US citizenship like their agency said he/she would<br />

4. says that their grandchild/niece/nephew, etc. is in foster care and they want to adopt the child to keep it “in the family”.<br />

How do they proceed Does it matter if the parental rights of the biological parents have been terminated yet<br />

5. says that they have been “matched” with a birth mother due to deliver in 3 months. She says she needs money from them<br />

to pay her living expenses and they are very willing to help her out. After all, they’ve been waiting for a long time for a<br />

chance to adopt, and if it just takes some money to make it happen, that’s fine with them. Is there anything wrong with<br />

them paying her “expenses”<br />

12 CLARK COUNTY BAR ASSOCIATION


CLARK COUNTY SUPERIOR COURT BENCH/BAR<br />

MEETING MINUTES<br />

MARCH 13, 2012<br />

JOHN FAIRGRIEVE<br />

<strong>CCBA</strong> President<br />

The meeting began shortly after noon. Persons present were <strong>Judge</strong><br />

Robert Lewis, <strong>Judge</strong> John Nichols, Ann Christian, Jolene Sell,<br />

Suzan Clark, Kurt Rylander, Todd George, and John Fairgrieve.<br />

OLD BUSINESS:<br />

1. Competency evaluations being conducted on criminal defendants<br />

by Western State Hospital (WSH): Ann Christian told the<br />

committee that the out of custody defendant list is up to date.<br />

2. Orders for 90 day commitments to WSH for competency<br />

restoration: Suzan Clark told the committee that she did not<br />

believe that the current order being used by the court to commit<br />

a defendant to WSH for competency restoration, which authorizes<br />

WSH personnel to administer psychotropic medications to<br />

a defendant over his or her objections, complies with due<br />

process requirements. See generally Sell v. United States, 539<br />

U.S. 166, 180-81, 123 S. Ct. 2174, 156 L. Ed. 2d 197 (2003).<br />

John Fairgrieve suggested that he and Suzan meet after the end<br />

of the committee meeting to discuss the matter and possible<br />

revision of the order.<br />

3. Criminal readiness docket issues: <strong>Judge</strong> Lewis reported that<br />

the readiness docket for the week of April 16 currently had 90<br />

matters on it and that the judges planned on conducting a split<br />

docket if judicial resources are available. <strong>Judge</strong> Lewis also mentioned<br />

that in May three consecutive readiness dockets currently<br />

have 66, 67, and 80 matters on them respectively.<br />

4. <strong>Judge</strong> Poyfair’s judicial position: It was reported to the committee<br />

that Governor Gregoire planned on interviewing the two<br />

finalists for the position on Wednesday, April 11 (The<br />

Columbian reported on April 17 that Governor Gregoire has<br />

appointed Greg <strong>Gonzales</strong> to fill out the balance of <strong>Judge</strong> Poyfair’s<br />

current term).<br />

5. Felony caseload in superior court: Ann Christian reported<br />

that indigent defense contracts for felony cases are running at<br />

about 100 per month this year and that she is seeing an increase<br />

in the number of class A felonies and sex offenses.<br />

6. <strong>Judge</strong> Nichols to leave family court: <strong>Judge</strong> Nichols told the<br />

committee that he would be leaving family court to return to<br />

civil / criminal caseload at the end of the year.<br />

7. Drug court status: <strong>Judge</strong> Nichols reported that Superior<br />

Court Drug Court continues to be popular, with 143 participants<br />

as of last week.<br />

NEW BUSINESS<br />

1. Redaction of material from criminal discovery: John Fairgrieve<br />

told the committee that a recent review of federal and<br />

Washington State statutes revealed that the prosecuting attorney’s<br />

office is prohibited from releasing three specific types of<br />

information in the discovery it provides to defense counsel in<br />

criminal cases: social security numbers, department of licensing<br />

numbers, and financial account numbers. He stated that in the<br />

future this material would be redacted from criminal discovery.<br />

He further stated that he would provide the committee with citations<br />

to the relevant statutes (the citations are 42 USC<br />

405(c)(2)(C)(viii)(I), 18 USC 2721, and RCW 42.56.230(5)).<br />

2. Policy for the use of electronic devices in <strong>Judge</strong> Lewis’ courtroom:<br />

<strong>Judge</strong> Lewis told the committee that he has drafted a<br />

policy for the use of electronic devices in his courtroom which<br />

he will publish later this week.<br />

3. New meetings to discuss matters related to the administration<br />

of criminal justice in Clark County: Ann Christian told the<br />

committee that recently representatives of the superior court<br />

bench, the prosecutor’s office, the criminal defense bar and she<br />

HEARSAY - MAY 2012 13


met for the first of what promises to be a series of meetings to<br />

discuss issues and problems related to the administration of<br />

criminal justice in the county and to see if solutions to the problems<br />

could be developed. Ann reported that the first meeting<br />

was successful.<br />

4. Bail schedule in felony cases: <strong>Judge</strong> Lewis brought up the<br />

issue and mentioned that there was not much support from the<br />

superior court judges for adopting a new bail schedule if the<br />

purpose for doing so was to allow a suspect arrested over a<br />

weekend to be able to post bail prior to appearing before a<br />

judge. He also mentioned that the matter is still under discussion.<br />

Ann Christian told the committee that legislation passed<br />

by the legislature in its recent session with an effective date this<br />

summer will require an individualized determination of bail by<br />

a judicial officer prior to the release of any suspect charged with<br />

a class A or B offense.<br />

Suzan Clark mentioned that she was concerned that bail<br />

amounts in general were being set too high, commenting that<br />

$100,000 seems to be the new $10,000.<br />

5. Local high school mock trial teams at the state tournament:<br />

<strong>Judge</strong> Lewis reported that all four local high school mock trial<br />

teams that proceeded to the state tournament finished with two<br />

wins and two losses. He stated that the Ridgefield High team finished<br />

highest among the local teams, placing 8th or 9th in the<br />

state, and that a Ridgefield witness was named best witness in<br />

the tournament.<br />

6. Next Bench Bar committee meeting: The committee will meet<br />

next on Tuesday, May 8, 2012 at noon in <strong>Judge</strong> Nichols’ jury room.<br />

Respectfully submitted,<br />

John Fairgrieve<br />

Family Law Section Meeting<br />

CHRIS BOYD<br />

Family Law Section President<br />

The Family Law Section held our monthly meeting on May 9,<br />

2012. Stan Horak presented on bankruptcy, short sales, foreclosures<br />

and hold harmless issues and how they relate to Family<br />

Law. We had nearly fifty (50) attendees. Stan was very informative<br />

and I’ve added “Call Stan” on my standard file checklist.<br />

Stan was kind enough to offer an open door policy for any attorneys<br />

with questions on this constantly changing topic. I have a<br />

feeling many FLS members will take him up on that invitation.<br />

Our next meeting, which will be our last before summer break,<br />

will be on Wednesday, June 13th. We need officers for our next<br />

year’s FLS, so those interested should throw their hats in the<br />

ring. As outgoing president, I have made sure to set the bar at an<br />

exceptionally achievable level for the new president. In all seriousness,<br />

it is a truly positive experience and we have a wonderful<br />

group of Family Law attorneys and judicial officers.<br />

Our meetings are in the reserved lounge section of Tommy O’s,<br />

801 Washington Street, Vancouver. Typically, these are on the<br />

second Wednesday of the month. The cost of the meeting will<br />

be $13.00 for lunch plus $5.00 for one CLE credit for <strong>CCBA</strong><br />

FLS members. If you are not a member of the <strong>CCBA</strong> and FLS<br />

the cost is $13.00 for lunch and $10.00 for the CLE credit.<br />

Please RSVP by the Friday just prior to our Wednesday meeting<br />

by sending your payment to our section’s Treasurer, Meredith<br />

McKell Graff, 3214 NE 42nd Street, Suite B, Vancouver, WA<br />

98663.<br />

Our officers are: President, Chris Boyd; Treasurer, Meredith<br />

McKell Graff; Secretary, Stephanie Ellis.<br />

If you would like to attend a <strong>CCBA</strong> FLS meeting and do not currently<br />

receive the email updates, please email me at<br />

cboyd@vancouverlaw.net.<br />

Remember to visit the blog for updates and announcements:<br />

http://ccbafamilylawsection.blogspot.com/<br />

Very Truly Yours,<br />

Chris Boyd<br />

Advertise in next month’s HEARSAY<br />

Call Lisa Darco at 360.695.5975 for rates and availability.<br />

14 CLARK COUNTY BAR ASSOCIATION


DOUBLE HEARSAY<br />

What <strong>CCBA</strong><br />

Members Are<br />

Doing About Town<br />

RAISA JUDICATA<br />

Guest Gossip Columnist<br />

Things are spicing up at the Courthouse. We haven’t seen this<br />

much fun since the “glamour shot” days of 2000. We now have<br />

two contested races for <strong>Judge</strong> in the August primaries. We know<br />

of the <strong>Judge</strong> Wulle and David Gregerson match up, but a new<br />

one is Josephine Townsend vs. <strong>Judge</strong> Diane Woolard. Josephine<br />

originally filed to run against newly sworn in <strong>Judge</strong> Greg <strong>Gonzales</strong><br />

(she was originally matched up to run against Department<br />

10, <strong>Judge</strong> Collier, but that appeared to be typographical error),<br />

but switched the filing to run against Woolard. We have had a<br />

relatively drama-free last 12 years. Hopefully the media doesn’t<br />

end up catering to “reality-TV” journalism for the sake of the<br />

Bench. You know Raisa won’t!<br />

Erin Wright is a newly<br />

admitted lawyer in<br />

Washington, and is<br />

adding to the community<br />

involvement we<br />

in Clark County pride<br />

ourselves on. On<br />

Monday, April 2,<br />

2012 the Wright Law<br />

Firm, PLLC held its<br />

grand opening. The<br />

The Wright Law Firm makes a difference!<br />

firm celebrated this<br />

milestone in a unique way by donating 100 pounds of rice, completing<br />

18 volunteer hours, and sorting just under 3,500 pounds<br />

of food at the Clark County Food Bank. Erin has a strong dedication<br />

to the community, which includes volunteering with the<br />

CASA program and coaching a local mock trial team. In addition,<br />

the firm employees volunteer the first Monday of every<br />

month in the local community. Erin’s practice focuses on family<br />

law and estate planning. When you see her, give her a warm<br />

welcome!<br />

Mike Simon from Landerholm,<br />

P.S. recently<br />

returned from another<br />

yearly trip to Guatemala<br />

for Medical Teams International.<br />

Mike graduated<br />

from digging latrines this<br />

year to making ovens.<br />

The situation in<br />

Mike and his cookstove.<br />

Guatemala, like many<br />

Latin American countries,<br />

is drastic. An estimated 58% of Guatemalans live in poverty<br />

and infant and maternal mortality rates are alarmingly high.<br />

Chronic malnutrition in children under the age of five years ranks<br />

as the highest in the Western Hemisphere. Less than half of<br />

Guatemala's rural residents have access to running water, a quarter<br />

have electricity at home and less than 10 percent have modern<br />

sanitary facilities. Dental decay is also a serious problem for many<br />

Guatemalans because access to dental care is limited and in the<br />

rural areas, nonexistent. Mike is passionate about his work to<br />

better the lives of these folks who are less fortunate. To read<br />

more, or to help with money or time, visit: http://www.medicalteams.org/where_we_work/latin_america/guatemala.aspx.<br />

He doesn’t wear a cape, but <strong>Judge</strong> Scott Collier is a hero to<br />

many. <strong>Judge</strong> Collier volunteers on weekends for the Mt. Hood<br />

Ski Patrol, and his service was highlighted recently in The<br />

Columbian. <strong>Judge</strong> Collier started skiing in middle school and<br />

has been volunteering for the Ski Patrol for the last five seasons.<br />

After making the Ski Patrol team, he was required to take a 17-<br />

week first aid training course similar to EMT training, but geared<br />

toward outdoor emergency response. One of the first major<br />

calls he attended was responding to a report of a possible broken<br />

back. He later discovered that the woman had become a para-<br />

HEARSAY - MAY 2012 15


Reference photo by Zachary Kaufman/The Columbian:<br />

<strong>Judge</strong> Collier, sans cape.<br />

plegic as a result of her<br />

skiing accident. Probably<br />

<strong>Judge</strong> Collier’s best<br />

trait, both on and off<br />

the bench, is his<br />

patience and calm<br />

nature. It is very important<br />

when dealing with<br />

an injured person (or<br />

an upset litigant) to<br />

keep your cool and<br />

work through the problem<br />

to get the case<br />

closed. At <strong>Judge</strong> Collier’s<br />

encouragement, Senior Deputy Prosecutor Alan Harvey<br />

has also just made the Mt. Hood Ski Patrol and is undergoing<br />

the training and certification process now. As we know, the<br />

<strong>CCBA</strong> Blooper Award is named in honor of Alan Harvey, so<br />

Alan, no bloopers on the slopes OK<br />

It’s not over until it’s over.<br />

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Your esteemed colleague Raisa Judicata can’t be everywhere. If you have a tidbit of<br />

news you would like the world to know, send a note to raisajudicata@gmail.com.<br />

Raisa usually checks in the first Monday of every month. Remember, it is your ethical<br />

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16 CLARK COUNTY BAR ASSOCIATION


Kids Love Lawyers!<br />

Encouraging Students to Learn About Civics<br />

EMILY SHELDRICK<br />

Hearsay Special Correspondent<br />

Attorneys give life and meaning to laws upon which our government<br />

is formed, yet the public often does not understand this role<br />

and there is a declining interest in civic participation. Toward this<br />

end, U.S. Supreme Court Justice Sandra Day O’Connor founded<br />

an organization called iCivics.org to encourage civics education in<br />

the younger generation. With this website as a platform, I<br />

attempted to give life and meaning to our government and explain<br />

the work of attorneys at Vancouver School District’s Eisenhower<br />

Elementary School.<br />

My daughter, Kaya, who attends fourth-grade at Eisenhower,<br />

asked me to “please, please, PLEASE!” volunteer as a chaperone<br />

for her class field trip to Olympia in April. After talking with<br />

Kaya’s teacher, I ended up teaching nearly 60 students about<br />

civics as well as join them on the trip to Olympia.<br />

DAY 1: Introduction to Government<br />

and a Lesson in Separation of Powers.<br />

Before meeting with students, I did a little bit of research to find<br />

out what would work to help elementary-age kids understand government.<br />

This is when I found out about iCivics.org. The website<br />

has all kinds of games, projects and even lesson plans for elementary,<br />

middle and high school students. I looked through the<br />

various lesson plans and found one that seemed like it would be a<br />

perfect fit for 10 year-olds. After meeting with the two teachers,<br />

we came up with a plan for teaching civics.<br />

On April 11th, I arrived at my daughter’s classroom. A partition<br />

that separates two classrooms was removed and approximately 60<br />

children gathered on the floor to hear about government. My first<br />

question to the kids: “Can anyone name the three branches of<br />

government”<br />

“Me!” “Me!” “I can!” A chorus of excited fourth graders spoke out<br />

and even more raised hands to show off their understanding of<br />

civics. We had a lively discussion about how the three branches of<br />

government work, how a bill becomes a law, and the practical<br />

issues of what happens after a bill is signed into “law”. We also discussed<br />

the justice system’s role in determining the<br />

“constitutionality” of laws.<br />

To illustrate how the process works, I introduced the students to a<br />

lesson plan from iCivics.org called “Separation of Powers”. In this<br />

lesson, instead of creating a bill, the students are tasked with creating<br />

a “healthy” lunch menu! The kids were very excited about this<br />

plan and right away wanted to start in on the process.<br />

HEARSAY - MAY 2012 17


The first step as a group was to create our “constitutional” framework:<br />

a definition for a “healthy meal”. Since the students had<br />

previously studied nutrition, this was a snap. The students agreed<br />

that a “healthy meal” includes protein, whole grains, dairy, fruit,<br />

and vegetables and should be low in fat, sugar and salt. Next step,<br />

the students were divided into small groups to represent the three<br />

“branches” of government. Or, in this case: “Lead Chefs” (the<br />

Executive Branch), “Menu Writers” (the Legislative Branch) and<br />

“<strong>Judge</strong>s” (the Judicial Branch). The Lead Chefs had to decide<br />

what categories of food should be served every day for lunch at<br />

school. Next, the Menu Writers, using the Lead Chef categories,<br />

had to create the exact menu for a day’s lunch. The menu went<br />

back to the Lead Chefs to approve or reject the menu created by<br />

the Menu Writers. If the menu was rejected, the Menu Writers<br />

had to keep working on the menu until it was approved by the<br />

Lead Chefs. Alternatively, if all the Menu Writers agree, they can<br />

“overrule” the Lead Chefs. Finally, in the last round, the <strong>Judge</strong>s<br />

decide if the menu complies with the “healthy meal” definition.<br />

The students had a fantastic time with the activity. Some Menu<br />

Writers tried to get Lead Chefs and <strong>Judge</strong>s to approve a lunch of<br />

cookies and soda. They realized Lead Chefs and <strong>Judge</strong>s would not<br />

let them get away with that! Most students discovered it took a lot<br />

of compromise and negotiations to come up with a menu that<br />

everyone agreed was “healthy”.<br />

DAY 2: What Did We Learn from the Lesson<br />

in Separation of Powers and What do Lawyers Really Do<br />

On my second day back at Eisenhower, the students discussed<br />

how the lesson in menu writing gave them a flavor of the real life<br />

legislative process. Sometimes, the process is time-consuming<br />

and a little bit frustrating! To understand how important real<br />

legislative and judicial issues can be, we discussed a recent<br />

Washington Supreme Court decision requiring the state budget<br />

to include sufficient funding for the educational system based on<br />

our state constitution. I also explained the civil rights’ landmark<br />

decision of Brown v. Board of Education and how real people<br />

used the legal system to challenge the constitutionality of school<br />

segregation.<br />

Finally, the kids had a lot of questions about what I do as a<br />

lawyer. They wanted to know everything! How many years<br />

have I been an attorney, what kind of law do I practice, what’s<br />

the longest case I ever had, how long did I go to school, how<br />

many hours I work each week, and on and on. Thankfully, the<br />

bell rang for last recess and I was relieved of being peppered by<br />

questions from inquisitive 10 year-olds!<br />

DAY 3: Field Trip to Olympia.<br />

The following week, I volunteered as one of the parent chaperones<br />

on the all-day field trip to Olympia. We had a wonderful day! Our<br />

tour guide was exceptional – we learned about the architecture<br />

and construction of the Capitol Building, toured both chambers<br />

of the legislature, and got a brief tour of Governor Gregoire’s<br />

Office.<br />

My favorite part of the field<br />

trip included a tour of the<br />

Temple of Justice. Here, the<br />

students were given an<br />

opportunity to reenact the<br />

Washington’s Supreme<br />

Court’s decision in Gardner<br />

v. Loomis Armored, Inc., 128<br />

Wn.2d 931 (1996). After<br />

receiving a brief synopsis of<br />

the facts for this case, several<br />

students were chosen<br />

to act as Supreme Court<br />

justices and argue the case.<br />

For those of you not familiar<br />

with the case, Loomis<br />

terminated Mr. Gardner, a<br />

guard and driver, after he<br />

left the vehicle unattended, contrary to the employer’s policy, to<br />

assist a woman being chased by a man with a knife. Here, as in<br />

real life, the justices sided with Mr. Gardner and found that the<br />

employer wrongfully terminated Mr. Gardner in violation of public<br />

policy.<br />

Throughout the tour, the guide quizzed the students on their<br />

knowledge of government. At the end of the day, he said that most<br />

high school students do not do as well as this group of fourth<br />

graders in answering questions about our government. After my<br />

adventures in volunteering, I cannot say enough about what a wonderful<br />

experience it was to work with the students on civics. They<br />

were enthusiastic and excited to learn. The best part: My daughter<br />

said it wasn’t too embarrassing to have her mom teach the class!<br />

18 CLARK COUNTY BAR ASSOCIATION


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INHERITING<br />

THE WINDBAGS<br />

Monkeying Around with Justice<br />

and the Truth About the Scopes Trial<br />

DOUG FOLEY<br />

Hearsay Special Correspondent<br />

The Scopes “monkey trial” was a remarkable piece of social and<br />

political theater, played out in 1925 in the little town of Dayton,<br />

Tennessee. Almost nothing about the trial was genuine –and<br />

the movie we are all familiar with Inherit the Wind was as “real”<br />

as the trial itself. Yes, there actually was a Clarence Darrow,<br />

Williams Jennings Bryan and a Butler Act which prohibited the<br />

teaching of evolution in any Tennessee classroom -- but everything<br />

else was a complete artifice consisting of a staged trial with<br />

a willing defendant, John Scopes, who agreed to be prosecuted,<br />

all for the purpose of putting a moribund Dayton back on the<br />

map. This trial also had the consequence of allowing some of the<br />

larger than life personalities of the time to strut their stuff and<br />

shine in the limelight of national publicity. The press ate it up,<br />

the trial was broadcast live via radio -- and the posturing in the<br />

case was deliberately polarizing with the effect of making religious<br />

people appear narrow minded and stupid and progressives<br />

appear clever and smart -- through their respective archetypes,<br />

Bryan and Darrow. However, the net effect of it all was that<br />

truth and science were both run through the mud.<br />

The trial conspiracy was hatched in Fred Robinson’s drug store<br />

in Dayton, a town that had lost roughly half its population in the<br />

preceding thirty years. George Rappalyea worked as a manager<br />

in a local coal company and he presented the idea of the trial to a<br />

group of town leaders at a meeting held in the drug store. Previously,<br />

the ACLU had openly declared that it would defend<br />

anyone who may be prosecuted under the Butler Act. No one<br />

had been up to the point of the drug store conspiracy. John<br />

Scopes, a science teacher and football coach, then 24, intended<br />

to leave Dayton in any event– and was asked to be the defendant.<br />

He readily agreed. Remarkably, the drug store even sold<br />

school text books – and a quick consultation with the biology<br />

book taken right off the shelf at the meeting held by these conspirators<br />

mentioned evolution – the very book that Scopes had<br />

used at the high school. Everyone agreed that he was breaking<br />

the law (including Scopes) and the drama was officially on.<br />

Scopes even encouraged three of his students to testify against<br />

him – they did at a Grand Jury -- and he was officially indicted.<br />

All that was left to do was the staffing of the prosecution and<br />

defense teams. Rappaleya actually wanted H.G. Wells to be part<br />

of the defense team – but that great writer of classic science fiction<br />

wanted nothing of the farce. Others were only too willing.<br />

Two monstrous egos of the time, Clarence Darrow and William<br />

Jennings Bryan, jumped to the chance to lead the charge for<br />

their respective sides. Other lesser knowns also swooped in for a<br />

piece of the action, including Bryan’s son, various ACLU hangers<br />

on and even a prominent local divorce attorney who needed<br />

a hiatus from the humdrum of dividing up jewelry and other<br />

trinkets. An absolute circus atmosphere prevailed in the town –<br />

and just as George Rappalyea had hoped, the legal lookie-lous<br />

descended on Dayton.<br />

The original defense position urged by the ACLU was that there<br />

was no necessary conflict between science and religion – and,<br />

therefore, no reason for the Butler Act and no rational basis for<br />

the law. However, Darrow hijacked the trial in the name of personal<br />

grandstanding, took it upon himself to junk that strategy<br />

and began an all out attack on Biblical veracity which culminated<br />

in the more than bizarre spectacle of a cross examination of<br />

Bryan, chief prosecution counsel, who willingly took the stand at<br />

the end of the trial as a “Biblical expert” generating some of the<br />

more memorable lines of the trial that made it into the movie as<br />

an exchange between the not so fictionalized characters of<br />

Henry Drummond (Darrow) and Matthew Brady (Bryan).<br />

The opening statements set the tone of the trial and Darrow<br />

depicted the trial as a struggle between Truth and Ignorance.<br />

20 CLARK COUNTY BAR ASSOCIATION


Bryan stated that if evolution “won” in the trial that Christianity<br />

would be extinguished. Darrow argued, as inanely, that “civilization<br />

itself” was on trial and not the Defendant (a line that has<br />

been regrettably copied far too often since that time). From the<br />

outset, the Defendant, John Scopes, was all but forgotten and<br />

would have been as comfortably seated in the swelling audience<br />

as much as in the dock. The trial became highly personal<br />

between Darrow and Bryan. Darrow demonized Bryan and<br />

accused him of even being responsible for the Butler Act (he<br />

wasn’t), labeling the legislation as both “wicked” and “mischievous.”<br />

From the standpoint of the present time, such word<br />

slinging sounds fairly ho-hum, but in 1925 this terminology<br />

directed against legislation designed to preserve contemporary<br />

moral principles was incendiary and startling and grabbed<br />

national headlines.<br />

Due to the number of spectators, the trial was moved outside.<br />

The cross examination of Bryan by Darrow (pictured above)<br />

occurred on the eighth day of trial in the open air in an atmosphere<br />

of lunchbox day time theater. The two egos had<br />

thoroughly dominated the trial – and now the case was no<br />

longer Tennessee v. Scopes, but had been turned inside out and<br />

essentially mutated into Darrow v. Bryan. Bryan took the stand<br />

to testify about the Bible and defend Truth. For two hours, the<br />

two bantered with each other about the Bible and science. Darrow<br />

ridiculed Genesis and called into question the plausibility of<br />

the creation story – with Bryan doggedly on the defense. Darrow<br />

questioned Bryan how Cain found his wife, since Adam and<br />

Eve only begat Cain and Abel. Bryan replied that Cain had<br />

“likely left the agnostics to go hunt for her.” On this point and<br />

others, Bryan eventually found himself in retreat and he eventually<br />

came to the point of conceding that the Bible cannot<br />

absolutely be accepted literally in every respect – an admission<br />

that constituted a major inroad against Biblical veracity from<br />

Darrow’s perspective. Of course, all of this had nothing to do<br />

with the Butler Act and John Scopes and the question of<br />

whether he had violated the law – the supposed centerpiece of<br />

the trial. <strong>Judge</strong> Raulston (the <strong>Judge</strong> Ito of his day) had been<br />

hopelessly manipulated in the trial to that point, and finally ruled<br />

the following day that the entire examination of Bryan had been<br />

irrelevant and ordered it stricken.<br />

In closing arguments, Darrow actually asked the Jury to return a<br />

verdict of guilty against Scopes so that “the whole matter” could<br />

be determined by the Tennessee Supreme Court. Remarkably,<br />

his concession prevented Bryan from giving a final rebuttal argument<br />

– a speech that he had labored on at great length, thereby<br />

denying him his last act of grandstanding and the opportunity to<br />

rehabilitate himself after the cross examination contest with Darrow<br />

that, by the account of most observers, he had lost on<br />

debating points, if not substance.<br />

The Jury readily agreed with Darrow’s request and Scopes was<br />

finally found guilty and then fined $100 by the Court. On appeal<br />

his conviction was thrown out by the Tennessee Supreme Court on<br />

technical issues, leaving the Butler Act intact. The court labeled the<br />

trial “bizarre” (which it clearly was) – and signaled that it wanted to<br />

hear no more such nonsense from any similar trial combatants.<br />

Five days after the trial, William Jennings Bryan died. He had<br />

been a diabetes sufferer and the trial had taxed his last reserves.<br />

Darrow lived another 13 years. He emerged from retirement to<br />

fight religion one more time in an event known as the “Mecca<br />

Temple Debate” against an English writer, G.K. Chesterson, in<br />

which they faced off on the question: “Will the World Return<br />

to Religion” The event fostered no plays or movies. There is no<br />

record of what was said, and that grand debate is now largely<br />

forgotten.<br />

After the trial, Scopes left Dayton, as he had planned all along,<br />

and studied geology at the University of Chicago. He then<br />

worked for Gulf Oil and the United Gas Company and, like<br />

Cain, found a wife and also became baptized as a Catholic in<br />

Venezuela on one of his assignments to that country. He died in<br />

1970. What he may really have thought about evolution no one<br />

seems to know – and as far as the trial was concerned, no one<br />

really cared.<br />

And what of the eye of the Hurricane – little Dayton After selling<br />

thousands of gallons of lemonade, scores of blue plate<br />

specials and jacking up the price of hotel rooms for a bit, the<br />

town was hardly any better off. Dayton has roughly doubled in<br />

size since 1925 – something that would easily have happened in<br />

the intervening 87 years without the publicity of the trial.<br />

As far as the Butler Act was concerned – no one else was ever<br />

prosecuted under that law. As it turned out, one trip to the zoo<br />

was clearly enough. The Act largely remained overlooked until<br />

1967. At that time, another teacher Gary Scott was dismissed<br />

for violating the Act. He sued for reinstatement, and began a<br />

class action lawsuit in federal court. Enough was enough. Three<br />

days later a bill was introduced in the legislature rescinding the<br />

Act and was passed by both houses and signed by the Governor.<br />

Scott was immediately reinstated.<br />

No one wanted a rerun of what history has to concede was truly<br />

a very bad movie.<br />

ASSOCIATE ATTORNEY<br />

Vancouver law firm Marsh, Higgins, Beaty & Hatch is seeking a licensed<br />

Washington State attorney having a minimum of two years litigation experience.<br />

The candidate should have consumer bankruptcy experience and<br />

have experience in or willingness to develop, a couple other areas of law.<br />

Basic knowledge of Microsoft word, Excel, and Outlook required.<br />

Oregon license is a plus. The candidate will be expected to fully manage<br />

his or her own cases and have direct client contact. This position provides<br />

the opportunity for a candidate with initiative and a willingness to work<br />

hard, to quickly develop as an attorney.<br />

We offer a competitive benefits and compensation package.<br />

Please respond to this ad by forwarding your cover letter and résumé to<br />

legalmanager@yahoo.com.<br />

HEARSAY - MAY 2012 21


Guantanamo & Kenya Enthrall<br />

American Inns of Court Members<br />

KURT RYLANDER<br />

Hearsay Editor-In-Chief<br />

At the invitation of Chief <strong>Judge</strong> Barbara Johnson, Chris and Jan<br />

Kitchel gave a presentation to an enthralled group of attorneys<br />

at the April 25, 2012 meeting of the American Inns of Court<br />

regarding their respective experiences representing individuals<br />

in Kenya and Guantanamo<br />

Chris Kitchel used a three (3) month sabbatical<br />

to explore and study the Kenyan<br />

criminal justice system as part of the<br />

Lawyers Without Borders program in 2011.<br />

The Kenyan criminal justice system is like<br />

nothing we expect or experience in the<br />

United States. Corruption is rampant<br />

and the standard of the day.<br />

Trials are not by jury. In fact, there<br />

are no trials. Evidence is not<br />

required to put someone in custody,<br />

or in fact to keep them in<br />

prison for long periods of time.<br />

The police are the prosecutors,<br />

and the accused is not entitled to a<br />

defense or a defense attorney.<br />

Jan Kitchel volunteered to represent an individual incarcerated<br />

in the U.S. Military Prison, Guantanamo Bay, Cuba, on a habeas<br />

corpus petition. The detainee speaks only Arabic and French.<br />

Because Jan’s daughter speaks French, he coopted her college<br />

term for assistance in communicating with<br />

his client. Of the numerous habeas corpus<br />

petitions filed for all the detainees, approximately<br />

30% were granted by the United<br />

States District Court for the District of<br />

Columbia. However, all petitions granted<br />

were reversed by the United States Court of<br />

Appeals for the District of Columbia Circuit.<br />

Jan represented that in essence, the<br />

detainees are not going anywhere until the Federal Government<br />

decides to release them. And even if the Federal Government<br />

decides to release them, they can’t be released unless a foreign<br />

country agrees to accept them, and not torture them. Largely,<br />

this means European white detainees have gone home. Middle<br />

Eastern and African detainees remain at Guantanamo, even after<br />

being cleared for administrative release. The trials that have<br />

occurred so far at Guantanamo bear no resemblance to the U.S.<br />

criminal justice system: the rules of evidence don’t apply, there<br />

is no Miranda, there is no evidence exclusion, there is no right to<br />

be faced by the accusers, etc.<br />

The George & Donald Simpson American Inns of Court meets<br />

every third Wednesday typically in the conference room of Little<br />

Italy, Downtown Vancouver. The American Inns of Court is an<br />

organization of attorneys created for the purpose of improving<br />

the skills, professionalism, and ethics of the bench and bar.<br />

HEARSAY ADVERTISERS WANTED!<br />

<strong>CCBA</strong> is looking for reliable Attorney Support Services who want affordable,<br />

targeted advertising in upcoming issues of Hearsay. If you have reliable and trustworthy<br />

service providers that can benefit our audience, please refer them to Lisa Darco<br />

for pricing and availability today!<br />

EXPERT WITNESS & CONSULTANTS • BAIL BONDS • COURT DISPLAYS<br />

PARALEGAL • MARKETING • FINANCIAL SERVICES, ETC.<br />

22 CLARK COUNTY BAR ASSOCIATION


HEARSAY PROFILE<br />

DOUGLAS F. FOLEY<br />

HOME: Battle Ground, WA<br />

AGE: Wizened<br />

PROFESSION: Wordslinger<br />

HOBBY: History, travelling to Locations other than a courthouse when I find<br />

the time, Dead Languages and some Live ones, archaeology and general science<br />

- and more history .<br />

LAST BOOK READ: Anabasis by Xenophon .<br />

LEGAL PHILISOPHY: Enjoy it all -- and try not take anything too seriously,<br />

especially not yourself.<br />

LATEST ACCOMPLISHMENT: Responding to an opposing counsel's brief<br />

without using a Latin phrase -- which is usually a pretext for telling the vappa<br />

ac nebulo what I really wanted to say about him and his malus nequamque<br />

arguments.<br />

WHY I DO WHAT I DO: Excellent question, and I have no good answer.<br />

PROFILE: An optimist by choice.<br />

BEVERAGE OF CHOICE: I am officially alcohol intolerant, that unfortunately<br />

came with age and despite being German\Irish - so everything defaults to<br />

Coffee. Leider! Es tut weh!<br />

HEARSAY - MAY 2012 23


Susan Arney, Executive Director<br />

Ashley Belisle, Program Coordinator<br />

Administrative: 360-823-0423<br />

E-mail: susana@ccvlp.org<br />

If you have clients that need our help, the first step is to have<br />

them call the CLEAR hotline to be screened and to receive an initial<br />

attorney consultation over the phone. I know it is hard to get<br />

through to CLEAR – but it is possible. There are instructions on<br />

our website – www.ccvlp.org – under Legal Help.<br />

The CLEAR phone number is – 1-888-201-1014 and they are<br />

open Monday through Friday from 9:15 AM to 12:15 PM. The<br />

trick is to hang up and redial over and over. When the client gets<br />

through they are screened for eligibility and then they are placed<br />

on hold for up to 30 minutes or they may get an appointment for<br />

a call back later. They can receive some immediate help and can<br />

be referred to one of the local programs for further assistance.<br />

Thanks, Susan<br />

MANY THANKS TO ALL THE ATTORNEYS AND<br />

PARALEGALS WHO STAFFED THE ADVICE CLINICS,<br />

HOMELESS CLINICS, PROVIDED REPRESENTATION,<br />

AND VOLUNTEERED IN THE HOMELESS COURT IN<br />

THE MONTH OF MARCH<br />

FAMILY LAW:<br />

Lou Baran, Bill Brendgard, Matt Blum, Ivan Culbertson,<br />

Ed Dawson, Sidney Dolquist, Susan Phillips Hammann,<br />

Marlene Hansen, Lincoln Harvey, Robin Krane<br />

GENERAL LAW:<br />

David Feeney<br />

HOMELESS COURT:<br />

Chuck Buckley, Erin Culver, Abby Powell,<br />

Mark Sampath, Anna Waendelin<br />

HOMELESS SHELTER:<br />

Peter Fels, Gavin Flynn, Dustin Klinger,<br />

David Feeney, Janna Lovejoy<br />

HOUSING JUSTICE PROJECT:<br />

Tresa Cavanaugh, Ed Dawson, Janna Lovejoy, Scott Matthews<br />

Bill Robison, Ben Wolff, Phil Wuest<br />

STATISTICS FOR MARCH<br />

DIRECT REPRESENTATION<br />

Marvin Benson, Bill Brendgard, Mark Carter, Robert Gregg<br />

Stanley Horak, Phil Janney, Dustin Klinger, Scott Matthews<br />

Robert Russell, Susan Stauffer, Randy Stewart, Todd Trierweiler<br />

BANKRUPTCY:<br />

Erin McAleer<br />

YWCA SAFECHOICE DV CLINIC:<br />

Sidney Dolquist, Susan Phillips Hammann,<br />

Vickie Kesala, Christie Martin, Kathryn Smith<br />

HEARSAY ADVERTISERS<br />

WANTED!<br />

<strong>CCBA</strong> is looking for reliable Attorney Support<br />

Services who want affordable, targeted advertising<br />

in upcoming issues of Hearsay.<br />

If you have reliable and trustworthy service providers<br />

that can benefit our audience, please refer<br />

them to Lisa Darco for pricing and availability today!<br />

EXPERT WITNESS & CONSULTANTS<br />

BAIL BONDS • COURT DISPLAYS • PARALEGAL<br />

MARKETING • FINANCIAL SERVICES, ETC.<br />

Available<br />

for Consults<br />

Washington<br />

& Oregon<br />

Licensed<br />

Linda E. Frischmeyer<br />

ATTORNEY<br />

Over 25 Years Assisting to Achieve Employment Goals<br />

Respectful. Clear. Helpful.<br />

• Wage payment<br />

• Independent contractors<br />

• Confidentiality<br />

• Nonprofits<br />

• Non-compete<br />

• Performance<br />

• Challenging behaviors<br />

• Leave laws<br />

• Disability accommodation<br />

• Drug testing<br />

360.816.2475<br />

linda.frischmeyer@landerholm.com<br />

805 Broadway, Ste. 1000 • Vancouver, WA 98660<br />

24 CLARK COUNTY BAR ASSOCIATION


LAW LIBRARY NEWS<br />

MARIA SOSNOWSKI<br />

Law Librarian<br />

ATTORNEY BOOKKEEPING TIPS<br />

EMANUELA SANDRI<br />

Attorney Bookkeeping Services, Inc.<br />

The Clark County Law Library is making arrangements to have a<br />

publicly-available trial of Westlawnext in the law library, most<br />

likely during the month of June. Please come in, take it for a test<br />

drive, and tell us what you like/don't like about it compared to<br />

what we are now calling "classic" Westlaw. Our contract is up<br />

this fall, and we need to decide what online service we want to<br />

have, and your input is important to us.<br />

FOR SALE through May, 2012<br />

The law library is taking blind bids on the following items:<br />

1. Criminal Caselaw Notebook 2011 (print) with update, and<br />

CD Rom 2008.<br />

2. Deposing and Examining Doctors CD Rom.<br />

3. Defending Drinking Drivers CD Rom.<br />

Electronic discovery materials:<br />

4. Information Technology Primer for Legal Professionals<br />

5. ESI Pretrial Discovery Strategies and Tactics<br />

6. Electronic Discovery and Evidence CD Rom 3rd edition<br />

Give your bid to the law librarian through the end of May. Bids<br />

must indicate your name, phone number, amount, and item(s)<br />

on which you are bidding. Winners will be notified in early June.<br />

We reserve the right to withdraw an item from bidding.<br />

NEWS YOU CAN USE<br />

LISA DARCO<br />

<strong>CCBA</strong> Office Manager<br />

New Addresses:<br />

Nicholson Legal Services, PLLC<br />

Ernest L. Nicholson, Attorney at Law<br />

7700 NE 26th Ave.<br />

Vancouver, WA 98665-0672<br />

360-574-1600 • Fax 360-326-7318<br />

eln@enicholsonlegal.com<br />

Visit us online at:<br />

ccbawashington.org<br />

QuickBooks Vendor Maintenance<br />

Entity Change<br />

To keep history, if a vendor changes entities, such as from sole<br />

proprietorship to S-Corp, setup a new vendor for the corporation<br />

and inactivate the sole proprietorship (note: the names<br />

need to be different, so for the corporation add PS or Inc., etc.).<br />

To inactivate a vendor:<br />

1. Click the Vendor Center<br />

2. Click the Vendors tab<br />

3. Right-click the vendor name you don’t want to use, and then<br />

click Make Vendor Inactive<br />

Combine Two Vendors<br />

If a vendor is listed twice, say as KK Enterprises and Kathleen<br />

Kennedy Enterprises, merge the two vendor names so that all of<br />

the transactions are associated with just one name. To merge<br />

two vendor names:<br />

1. Click the Vendor Center<br />

2. Click the Vendors tab<br />

3. Right-click the vendor name you don’t want to use,<br />

and then click Edit Vendor.<br />

4. In the Edit Vendor window, change the vendor name to the<br />

same name as the vendor you want to keep<br />

5. Click OK<br />

6. Click Yes to merge the two vendor names under the same name<br />

Note: Once two vendor names are merged, it cannot be reversed.<br />

Edit Vendor<br />

To edit information for a vendor in the vendor list:<br />

1. Click Vendor Center<br />

2. Click the Vendors tab<br />

3. Right-click the vendor you want to edit, and then click Edit<br />

Vendor<br />

4. Edit the information shown for the vendor as necessary<br />

5. Click OK<br />

Delete Vendor<br />

If a vendor has no links, such as, has not been used in a check or<br />

is not part of a memorized transaction, and is not needed, delete<br />

the vendor:<br />

1. Click Vendor Center<br />

2. Click the Vendors tab<br />

3. Right-click the vendor you want to delete, and then click<br />

Delete Vendor<br />

4. Click OK<br />

Tip: If you delete the vendor by mistake, immediately go to the<br />

Edit menu and choose Undo Delete Vendor - the only time you<br />

can revert a vendor deletion is immediately after you delete.<br />

HEARSAY - MAY 2012 25


UPCOMING EVENTS<br />

MEETING<br />

May 23, 2012<br />

Hearsay Committee Meeting<br />

<strong>CCBA</strong> Office - Noon<br />

MEETING<br />

June 6, 2012<br />

<strong>CCBA</strong> Board Meeting<br />

<strong>CCBA</strong> Office - Noon<br />

MEETING<br />

June12, 2012<br />

Superior Court Bench/Bar Meeting<br />

Courthouse - Noon<br />

CLE<br />

June 13, 2012<br />

Family Law Section CLE & Lunch<br />

Tommy O’s - 11:30am<br />

CLE<br />

June 13, 2012<br />

Nuts & Bolts: Adoption<br />

Red Lion at the Quay - 3:00pm - 5:00pm<br />

CLE<br />

June 15 & 16, 2012<br />

GAL Title 11 Training<br />

Water Resource Education Center -<br />

9:30am - 5:30pm<br />

Call <strong>CCBA</strong> if you’re interested in attending<br />

SW WASHINGTON LAWYER<br />

REFERRAL SERVICE<br />

The <strong>CCBA</strong>’s Lawyer Referral Service is a program designed to<br />

help the general public find attorneys appropriate for their<br />

needs, while at the same time providing a source of new client<br />

business exclusively to our members.<br />

To participate, members pay a small one-time annual fee.<br />

(The service is free to the public.) For more information,<br />

call the <strong>CCBA</strong> at 360-695-5975.<br />

THE SWLRS REFERRED 272 CLIENTS<br />

IN THE MONTH OF MARCH<br />

Administrative Law ......................................................16<br />

Bankruptcy ....................................................................6<br />

Business & Corp ..........................................................12<br />

Consumer ....................................................................17<br />

Criminal ........................................................................19<br />

Debtor/Creditor ............................................................11<br />

Family Law ..................................................................51<br />

General Litigation ........................................................63<br />

Labor & Employment....................................................30<br />

Real Property................................................................23<br />

Wills & Trusts ..............................................................12<br />

Worker’s Comp ..............................................................8<br />

ADA ................................................................................2<br />

Your Local Source<br />

for Lawyers<br />

Professional Liability<br />

800-693-9006 • Phone 360-514-9550 • Fax 360-514-9551<br />

www.DavidsonInsurance.com<br />

26 CLARK COUNTY BAR ASSOCIATION


2011/2012 <strong>CCBA</strong> OFFICERS & TRUSTEES<br />

PRESIDENT<br />

John Fairgrieve<br />

(360) 397-2261<br />

john.fairgrieve@clark.wa.gov<br />

VICE-PRESIDENT<br />

Suzan Clark<br />

(360) 735-9434<br />

sclark4224@aol.com<br />

TREASURER<br />

J.D. Nellor<br />

(360) 695-8181<br />

jd@nellorlaw.com<br />

SECRETARY<br />

David Gregerson<br />

(360) 906-1164<br />

david@gregersonlangsdorf.com<br />

IMMEDIATE PAST PRESIDENT<br />

Kurt Rylander<br />

(360) 750-9931<br />

rylander@rylanderlaw.com<br />

TRUSTEE<br />

Jane Clark<br />

(360) 859-3823<br />

jane@janeclarklegal.com<br />

TRUSTEE<br />

Arin Dunn<br />

(360) 737-6793<br />

arin@dunnsheldrick.com<br />

TRUSTEE<br />

Jill Sasser<br />

(360) 816-2534<br />

jill.sasser@landerholm.com<br />

VLP REPRESENTATIVE<br />

David Gregerson<br />

(360) 906-1164<br />

david@gregersonlangsdorf.com<br />

OFFICE MANAGER<br />

Lisa Darco<br />

(360) 695-5975<br />

ccbamanager@ccbawashington.org<br />

MEMBER SERVICES<br />

Kaitlin Lisandrelli<br />

(360) 695-5975<br />

kaitlin@ccbawashington.org<br />

HEARSAY EDITOR-IN-CHIEF<br />

Kurt Rylander<br />

(360) 750-9931<br />

rylander@rylanderlaw.com<br />

Advising Property Owners,<br />

Condominium & Homeowner<br />

Associations for 20 years.<br />

MICHAEL SIMON<br />

Phone: 360-696-3312 (WA)<br />

503-283-3393 (OR)<br />

Fax: 360-696-2122<br />

michael.simon@landerholm.com<br />

The focus of Mike Simon's law<br />

practice is representing<br />

condominium and homeowners<br />

associations, government<br />

condemnations, individuals and<br />

businesses with land use, real<br />

estate, and civil litigation<br />

matters. He approaches each<br />

issue through its details,<br />

reviewing and interpreting the<br />

most complex documents to<br />

formulate the best approach to<br />

representing his clients.<br />

MEDICAL MALPRACTICE<br />

WRONGFUL DEATH<br />

PERSONAL INJURY<br />

Law office of:<br />

JANE E. CLARK<br />

ATTORNEY AT L AW<br />

1014 Franklin Street<br />

Franklin Suites, Suite 108<br />

Vancouver, WA 98660<br />

Available for Referral or Association<br />

Vancouver 360.859.3823<br />

Portland 503.974.4161<br />

Email Jane@janeclarklegal.com


CLARK COUNTY BAR ASSOCIATION<br />

500 W. 8th Street, Suite 65<br />

Vancouver, WA 98660<br />

PRSRT STD<br />

U.S. POSTAGE<br />

PAID<br />

VANCOUVER, WA<br />

PERMIT NO. 620<br />

Advertise in HEARSAY<br />

Does your business cater to the legal industry<br />

Get targeted exposure to <strong>CCBA</strong> members and associates!<br />

Reserve your ad space today! Call Lisa @ 695-5975

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