CCBA Welcomes Judge Gonzales
CCBA Welcomes Judge Gonzales
CCBA Welcomes Judge Gonzales
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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 />
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available. Views expressed in articles represent the authors’ opinions, not necessarily the <strong>CCBA</strong>’s.<br />
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MEDIATOR<br />
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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 />
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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 />
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<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 />
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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 />
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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 />
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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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HEARSAY - MAY 2012 19
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 />
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Washington State attorney having a minimum of two years litigation experience.<br />
The candidate should have consumer bankruptcy experience and<br />
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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 />
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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