NOT TO WEAR - CCBA

CLARK COUNTY BAR ASSOCIATION500 W. 8th Street, Suite 65Vancouver, WA 98660

ccbawashington.orgMAY 2011

O F F I C I A L N E W S L E T T E R O F T H E C L A R K CO U N T Y B A R A S S O C I AT I O N

PRSRT STD

U.S. POSTAGE

PAID

VANCOUVER, WA

PERMIT NO. 620

page 14

Advertise in HEARSAY

Reserve your ad space today! Call Diane @ 695-5975

Does your business cater to the legal industry?Get targeted exposure to CCBA members and associates!

WHATNOT TOWEARWashington Women Lawyersgather to discuss professionalattorney attire

THIS MONTH’S ISSUE

President’s Message....................................................................3

CCBA CLE: Discovery........................................................................4

Tech v. Law: The War Against The Machine ....................................7

Veterans Therapeutic Court ........................................................8

Nuts & Bolts Lecture ..................................................................9

Superior Court Bench/Bar Meeting Minutes ....................................11

Young Lawyers’ Section....................................................................13

Upcoming CLE Schedule ..........................................................13

What Not to Wear..............................................................................14

Family Law Section Meeting ......................................................16

Double Hearsay ........................................................................17

Jane Habegger for WSBA Board of Governors ..........................20

Nuts & Bolts CLE Schedule ............................................................21

Getting to Know: Karen Campbell ..................................................22

Clark County Volunteer Lawyers’ Program ................................24

News You Can Use ....................................................................25

Inns of Court ............................................................................25

Attorney Bookkeeping Tips ........................................................25

Law Library News......................................................................25

Legally Drawn............................................................................25

Upcoming Events ......................................................................26SW Washington Lawyer Referral Service ..................................26

IMMEDIATE PAST PRESIDENTDavid Ridenour(360) [email protected]

TRUSTEEJane Clark(360) [email protected]

TRUSTEEDavid Gregerson(360) [email protected]

TRUSTEEJ.D. Nellor(360) [email protected]

VLP REPRESENTATIVEDavid Gregerson(360) [email protected]

EXECUTIVE DIRECTORDiane J. Wheeler(360) [email protected]

MEMBER SERVICESElena Quintana (360) [email protected]

BOOKKEEPERJolene Renteria(360) 695-5975

PRESIDENTKurt Rylander(360) [email protected]

VICE-PRESIDENTJohn Fairgrieve(360) [email protected]

TREASURERSuzan Clark(360) [email protected]

SECRETARYAndrew Wheeler(360) [email protected]

2011/2012 CCBA OFFICERS & TRUSTEES

RICHARD G. SPIERMEDIATOR

Highly experienced–full-time neutral since 1992�

Business & commercial; personal injury; employment; real estate & construction

�

Listed for Mediation inThe Best Lawyers in America ®

�

Member, Oregon and Washington Bars

503-284-2511 Fax 503-284-2519

[email protected] www.spier-mediate.com 2536 N.E. 28th Avenue � Portland, Oregon 97212-4916

HEARSAY is published 12 times per year and is design edited by: JEFF GOUGH, Creative Director • GOUGH CREATIVE GROUP

360-818-4GCG • [email protected]

An annual subscription is included with annual membership dues. Members may purchase additionalsubscriptions for $50.00 each. Letters, news items, upcoming events and announcements are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor’s discretion and spaceavailable. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. The publication does not purport to offer legal advice.

CCBA OFFICE HOURS: Monday through Friday, 8:00 a.m. to 4:00 p.m.

May '11 cover 5/5/2011 10:16 AM Page 2

HEARSAY - MAY 2011 326 CLARK COUNTY BAR ASSOCIATION

UPCOMING EVENTS

May 4, 2011CCBA Hearsay meeting; CCBA office,500 West 8th Street, Suite 65 at 11:30 am

May 4, 2011CCBA Board meeting; CCBA office, 500West 8th Street, Suite 65 at 12:00 pm.

May 10, 2011Superior Court Bench/Bar meeting;Judge Nichols Jury Deliberation Room –noon

May 12, 2011Family Law Section meeting; Tommy O’s801 Washington 11:30 am

May 12, 2011Young Lawyers Section – Happy Hour –Top Shelf at 6th and Main from 5:00 pmto 6:30 pm

May 17, 2011CLE committee meeting Clark CountyBar Association 500 West 8th St., Ste 65.Meeting will begin at 12:15

May 19, 2011CCBA Web Site committee meeting; Nellor|Retsinas|Crawford at 1201 Main

May 31, 2011Young Lawyers Section CLE – El Presidente’s at Evergreen and C Street.Special guest speaker: Judge Scott Collier. Topic ER 904

June 8, 2011District Court Bench Bar meeting - Judge Zimmerman's court room

July 15, 2011CCBA Barbeque – Public Service CenterPlaza 1300 Franklin – Our Chef : JudgeRich Melnick

September 23, 2011CCBA Golf Tournament – Cedars atSalmon Creek – Watch for details

The CCBA’s Lawyer Referral Service is a program designedto help the general public find attorneys appropriate for their needs, while at the same time providing a source of new client business exclusively to our members.

To participate, members pay a small one-time annual fee.(The service is free to the public.) For more information, call Elena Quintana at 360-695-5975.

THE SWLRS REFERRED 406 CLIENTS IN THE MONTH OF MARCH

Administrative Law ...................................................... 22Bankruptcy ....................................................................8Business & Corporate .................................................. 4Consumer ....................................................................26Criminal ........................................................................28Debtor/Creditor ............................................................21Family ..........................................................................62General Litigation ......................................................106Intellectual Property ...................................................... 2Labor and Employment ................................................36Real Property................................................................62Taxation ........................................................................ 5Wills & Trusts ..............................................................18Worker’s Compensation..................................................5International Law .......................................................... 1

SW WASHINGTON LAWYER REFERRAL SERVICE

ELENA QUINTANACCBA Member Services

MEETING

MEETING

MEETINGMEETING

MEETING

MEETING

MEETING

MEETING

MEETINGCLE

SOCIAL

SOCIAL

For the last two Hearsay issues you have heard me sound thealarm about the poor state of the Bar’s finances. Things have notgotten better. It is still bad. But rather than sound like a brokenrecord, I thought it might be a nice change to bring some cheerto our readers. Nothing cheers me up like Paris in Spring time.

This Spring Break, I took myfamily (wife and three daugh-ters aged 5, 8 and 10), toParis. We rented an apart-ment and explored the City ofLights. While basking in allthe amazing sites, we mostenjoyed the many unique gar-

dens and the omnipresent café life. Everywhere you go in thecity there are the most amazing gardens, big and small. The hugeJardin de Luxembourg with its fountains, trees, and joggers, hasa great kids play park with zip lines and other fun equipment thatwould never be allowed in the US. The extensive Tuileries Gar-den just outside the Louvre had an in ground trampolinepark--dozens of trampolines built into the ground that my kidswent absolutely mad on. The secret Swiss Valley garden is justoff a main street near the Grand Palais. You walk down a tinyflight of stairs and abruptly enter a secluded Swiss valley gorgewith waterfall, streams, and wooden bridges. The idyllic AlpineGarden in the huge Jardin des Plantes, is only reachable by a sin-gle entrance -- a tunnel underneath another path in the garden.

When we got tired of walking(Paris is a city meant for walk-ing), we just plopped down atany of hundreds of handystreet cafés. Wine, espresso,hot chocolate, watching theworld amble past. The café lifehas much to recommend it.

Lawyers have their own amazing site. In an interior courtyard,entirely encicled by the Palace of Justice (Paris City Courts,where all crimes and civil cases are heard), is the glorious SainteChapelle church. This church has an amazing and breathtakingchapel on the second story. Floor to ceiling (high ceilings)stained glass windows that wrap all the way around. On a sunnyday, you literally walk within a rainbow.

This is not to say all was perfect. Parisien’s love dogs. There aredogs everywhere. Big dogs. Small dogs. These dogs love topoop…on sidewalks…where people walk. Go dog go.

Thinking of the perfection of Paris, notwithstanding the sidewalkhopping required of an earnest walker, brings me back to our Barand its financial, and other, problems. Our Bar does many won-derful things for bar members. But running a Bar, like walkingthrough Paris, does require some poop dodging.

KURT RYLANDERCCBA President

PRESIDENT’S MESSAGE

I Love Paris In The Springtime

YOUR NW RE ALTOR FOR LIFE

YASAMIN J. CROUSE360-772-0575


www.HouseByCrouse.com

360-574-1600 • 7700 NE 26TH Avenue • Vancouver, WA 98685

OFFICE SPACE FOR RENT$750 per month includes

14x14 office and separate legal assistant workstation with free parking.


NEWS YOU CAN USE

DIRECTORY CORRECTIONS OR CHANGES:Kelly Dunham’s e-mail: [email protected] George’s e-mail: [email protected] Bogar’s e-mail: [email protected] Meyer’s e-mail: [email protected] Mepham’s e-mail: [email protected]

Beckie Pettis is now with Morse, Bratt, Andrews and Foster,PLLC located at 108 E. Mill Plain Blvd. Vancouver, WA 98660;Telephone: (360) 213-2040; Fax: (360) 213-2030; E-mail: [email protected]

We still have Entertainment books available. Coupons are good until November 1. 2011.We have reduced the cost from $25 to $15.

INNS OF COURT

The George and Donald Simpson American Inn of Court isholding its last formal meeting of the year April 20, 2011 at LittleItaly's. Members will be invited to attend an end of year partythis spring (date and location to be announced). Inns will alsobe hosting an event this fall for all Clark County attorneys andjudges to meet current members and ask questions about theprogram. If you have any questions or are interested in Inns ofCourt, please contact membership co-chairs, Kristen Parcher [email protected] or Scott Horenstein [email protected].

ATTORNEY BOOKKEEPING TIPS

REDUCTION IN SOCIAL SECURITY PAYROLL TAX & SELF-EMPLOYMENT TAX FOR 2011The legislation signed into law on December 17, 2010, providesa 2 percentage point payroll tax cut for employees, reducing

workers’ Social Security tax withholding rate from 6.2 percent to4.2 percent of wages paid. This cut in Social Security tax foremployees is only effective for 2011 and it does not change theemployer contribution.

The self-employment tax rate for self-employment income earnedin calendar year 2011 has also been reduced 2% - from 15.3% to13.3% (10.4% for Social Security and 2.9% for Medicare).

This reduction will not affect future Social Security benefits.

LAW LIBRARY NEWS

COPY MACHINE CHANGESPlease be advised that the law library is considering a switch incopier vendors that will mean your copicards no longer wouldbe accepted.

While we are not yet certain if/when we will switch vendors, it isa serious possibility and we want to provide you with notice nowso you can plan accordingly. We will not be able to refund forunused copicards that have been purchased, so use them up assoon as possible.

In light of this situation, we have suspended the sale of copicards.

We apologize for any inconvenience this may cause. Please feelfree to talk with one of the librarians if you have questions.

MARIA SOSNOWSKILaw Librarian

EMANUELA SANDRIAttorney Bookkeeping Services, Inc.

DIANE WHEELERCCBA Executive Director

KRISTEN PARCHERCCRA Special Correspondent

LEGALLY DRAWN

Reproduced with permission. For more cartoons and information, go to http://www.legallydrawn.com.

To register: call Diane Wheeler at the CCBA, (360) 695-5975, OR email: [email protected],

OR

FAX this flyer back to Diane at (360) 737-6891 with your BAR NUMBER ________________________,

NAME _____________________________________________ PHONE #__________________________,

and EMAIL ( to download the materials) ____________________________________________________.

JEFF JACOBS is a shareholder in the law firm of Schauermann, Thayer, Jacobs & Staples, P.S., in Vancouver, Washington. He received his J.D. in 1975 from the UCLA School of Law, and practiced as a trial attorney in Southern California for twenty years before moving to Vancouver in 1995.

Jeff’s practice is limited to personal injury, emphasizing motor vehicle collisions, aviation accidents, product liability, premises liability and insurance bad faith matters. He has been

called upon to serve as an arbitrator and mediator in Clark County, and is on the MAR panel of arbitrators for the Clark County Superior Court. He has served on the Clark County Superior Court Bench-Bar Committee and is an EAGLE member of Washington State Aassociation for Justice.

Greg Overstreet is the co-founder of Allied Law Group, which focuses on enforcing the Public Records Act, media law, regulatory litigation, and government affairs. He practices in the firm’s Olympia office. Prior to forming Allied Law Group, Greg was the Attorney General’s open-government ombudsman. At the Attorney General’s Office, Greg wrote the Attorney General’s model rules on public records and drafted several Public Records Act bills which were enacted into law by the legislature. Prior to that, Greg was an attorney in the Seattle-based law firm of Perkins Coie. He is the Editor-in-Chief of the Washington State Bar

Association’s Deskbook on the Public Records Act. While attending Seattle University School of Law, Greg also served as an editor for the Harvard Journal of Law and Public Policy. In 2010, Allied Law Group was named a U.S. News and World Report “Best Law Firm” for the Seattle area in Media/First Amendment, Administrative and Regulatory Litigation, and Government Affairs Practice.

Judge Robert Lewis is a graduate of Western Washington State College and the University of Washington Law School. After admission to the Washington State Bar in October, 1981, he worked for Eastside Defender Association in Seattle as a trial attorney. Judge Lewis practiced law in Camas from 1984-2004 with the firm of Knapp, O’Dell, Lewis and MacPherson. Although the firm had a typical small town general practice, his primary focus was criminal defense and family law. He was appointed to the superior court bench in November, 2004.

The Clark County Bar Association Presents a CLE:

~ DISCOVERY ~ by Attorneys Jeff Jacobs and Greg Overstreet and Judge Robert Lewis

Friday, June 10, 2011, 10:00 am – 1:00 pm (Sign In at 9:45) Public Service Center, 1300 Franklin St, 6th Floor Training Room

�� Beverages and Cookies Provided! �3.0 CLE Credits. CCBA members: $105, non-members: $120, non-attorneys: $52.50.

There is an Early-bird discount of $15 for registering on or before Thursday, June 2.


DISCOVERY Clark County Bar Association, June 10, 2011, 10:00am – 1:00 pm

Jeff Jacobs – the Basics

1. Scope of Discovery 2. Interrogatories 3. Requests for Production 4. Physical/Mental Examinations 5. Requests for Admission

Robert Lewis – the Bench View 1. Rule 26(i) – Requirement to confer and impact of failing to do so 2. Rule 37 Motions to Compel Discovery -when and how they should be used 3. Protective orders 4. Summary Judgment and Partial Summary Judgment Motions – how to use these effectively in a civil

practice 5. How to obtain rulings on disputes during depositions 6. Motions to Continue Trial 7. Motion procedure and decorum 8. Tips from the bench on most effective motion practice

Greg Overstreet – The Public Records Act as a Discovery Tool (Before and During Litigation)

1. Who Should Be Using the PRA 2. Overview of the PRA 3. How to Use the PRA Before Litigation 4. How to Use the PRA During Litigation

Representing InjuredWorkers on Their

Washington ClaimsBusick Hamrick, PLLC

Steven L. Busick Frances R. Hamrick Douglas M. Palmer

(360) 696-02281915 Washington Street Vancouver, WA 98660

Rider & Associates Inc. provides superior court reporting services to the legal profession in

Southwest Washington and the Portland, Oregon region. We have successfully served our

clients since 1979 by offering many features and benefits tailored to your needs. We specialize

in complex medical and technical terminology and offer the latest technology in both software

and hardware applications to support the needs of a demanding industry. Rider & Associates,

Inc. will guarantee the highest level of professionalism with personalized service and attention

to detail.

P.O Box 245

Vancouver, WA 98666

Phone: 800.869.0864

Fax: 360.693.1037

E-mail: [email protected]

Web: www.RiderandAssociates.com

Our Services Include:

♦ 7-10 day turnaround time without an expedite fee

♦ Full-Time Staff

♦ Realtime Reporting

♦ Computerized Transcription

♦ Caseview/Live Note

♦ e-Transcript

♦ Immediate Delivery

♦ Conference Rooms

♦ Scanning and Archiving of Exhibits

♦ Internet Realtime

♦ Realtime Captioning for Hearing Impaired

Affiliations:

♦ NCRA National Court Reporters Association

♦ WCRA Washington Court Reporters Association

♦ STAR Society for the Technological Advancement of

Reporting

♦ MTIA Medical Transcription Industry Association

♦ AHDI Association for Healthcare Documentation

Integrity

♦ AHDI-Washington Association for Healthcare

Documentation Integrity of Washington

♦ AHDI-Oregon Association for Healthcare Documen-

tation Integrity of Oregon

TOO BUSY TO GET THATBIG CASE MOVING?

The daily rigors in a solo or small practice can make it difficult to stay ontop of a wrongful death or serious personal injury case. We have the experience

and financial backing to help you do what it takes to litigate claims properly.

The three senior partners in our firm each have over 30 years of experience. Ask about our reputation, or give us a call to discuss your client’s case.

SCHAUERMANN, THAYERJACOBS & STAPLES, P.S.

A T T O R N E Y S A T L A W

AV Martindale-Hubbell Rating1700 E. Fourth Plain Blvd. • Vancouver, WA

(360) 695-4244www.stjps.com

MEDICAL NEGLIGENCE

PERSONAL INJURY • WRONGFUL DEATH

Representative Jury Verdicts and Settlements:

Failure to diagnose brain tumor — $4.5 millionObstetrics malpractice — $3.5 millionObstetrics malpractice — $1.6 million

Trampoline accident — $1 millionElectrocution at work -- $900,000Motorcycle collision -- $500,000

Rear end MVC. Soft tissue injury -- $230,000

Available for referral or associationon serious injury, wrongful death and

medical negligence cases.

PAUL L. HENDERSON

360.699.1530

[email protected] Arney, Executive DirectorAshley Belisle, Program CoordinatorAdministrative: 360-823-0423 • E-mail: [email protected] for February include 77 clients seen in advice clinics, 20 inFamily Law, 14 in Family Law paperwork review clinic, 7 in the Bank-ruptcy clinic, 4 in the General Law clinic and 270 in Housing JusticeProject clinic. We placed 4 cases with an attorney for direct represen-tation. There were 82 hours of volunteer attorney time donated.The Access to Justice Board and the Washington State Bar Associa-tion hold an annual statewide conference –The Access toJustice/Bar Leaders Conference. A number of awards are given atthis conference. This year the Clark County Homeless Court willbe getting two awards. The first award is the community partner-ship award. This award is given to community organizations whoserve low-income persons and who partner with Alliance membersto address poverty issues. I am pleased to announce that we willhonor our Homeless Court partners; Friends of the Carpenter,Share, Open House Ministries and Salvation Army. These agencieshave worked with the Homeless Court since the beginning. Theyare the first contact for homeless persons who want to participatein Homeless Court. These agencies screen the clients and referthem to the CCVLP. These are also agencies where the homelesscourt client can perform their community service. These agenciesmonitor the community service and are present every month at thecourt to report on the progress of the homeless client.The second award is the Judicial Leadership Award. This award isbeing given to Hon. Darvin Zimmerman, District Court Judge,who was the first presiding judge of Homeless Court and wasinvolved in the early days of court when we were still figuring outwhat we were doing. Judge Zimmerman attended many HomelessCourt Committee meetings and provided valuable informationwhile we were setting out the policies and procedures of the court.I am truly happy to recognize these partners in Homeless Court.Thanks, Susan

MANY THANKS TO ALL THE ATTORNEYS AND PARA-LEGALS WHO STAFFED THE ADVICE CLINICS,

HOMELESS CLINICS, PROVIDED REPRESENTATION,AND VOLUNTEERED IN THE HOMELESS COURT IN

THE MONTH OF MARCH.Matt Blum, Shon Bogar, Bill Brendgard, Chuck Buckley, Tresa Cavanaugh,

Michael Chin, Ivan Culbertson, Ed Dawson, Sidney Dolquist, Peter Fels,Teresa Foster, Todd George, David Gregerson, Brian Haaland,

Lincoln Harvey, Stanley Horak, Dru Horenstein, Scott Horenstein, Peter James, Dean Langsdorf, Christie Martin, Scott Matthews,

Katie McGinley, Lisa Peterson, Rob Russell, Mark Sampath, Jill Sasser,Kathryn Smith, Randy Stewart, Diane Sweet, Ryan Taroski, Bill Thayer,

Todd Trierweiler, John Vomaka, Phil Wuest


S.W. Washington office805 Broadway Street, Vancouver(360) 823-0410GevurtzMenashe.com

Representing clients in Oregon and Washington

OFFICE SPACEFOR LEASESPACIOUS OFFICE

PARKING SPACESHARED CONFERENCE ROOM

2 BLOCKS FROM COURTHOUSE

POST OFFICE ACROSS STREET

UTILITIES & JANITORIAL INCLUDED

SECURITY SYSTEM

OFFICE SHARING SERVICES AVAILABLE

1112 DANIELS STREETVANCOUVER, WA

CALL 695-0068

Senior Litigation Assistant / SupportStaff Coordinator - $15-$20+/hr DOE

Vancouver City Attorney’s Office seeks long-term temporary paralegal tosupport attorneys and supervise the day-to-day operational activities ofthe civil support staff. Qualified candidates for this position will have aminimum of five years WA litigation experience working with senior levelattorneys in a busy environment.

Responsibilities will include managing litigation files, maintaining trial cal-endars, interviewing witnesses, preparing correspondence and legaldocuments and performing legal research. In addition to a strong legalbackground, staff supervision experience is highly preferred including con-flict resolution, training and motivation, project prioritization and delegationand work evaluations.

If you have been looking for a position that allows you blend your legalknowledge with your talent for making the place you work run smoothlyand efficiently, this is a great opportunity to utilize your diverse set of skills.This temporary position should last a minimum of 12 months and couldgo beyond that time.

If you are interested and qualified, please contact Martha Olsen, OfficeAdministrator, for further information on the application process.

[email protected]

You’re President for enough time to make only one executive decision. What is it?Institute a truly progressive income tax system.

What would you attempt to do if you knew that you could not fail?Ski.

What type of products do you never go cheap on, for the sake of quality?Shoes.

Describe a few pet peeves of yours.Attorneys who engage in unnecessary gamesmanship.

What do you know now that you wish someone had told you 10 years ago?That the economy would crash.

What childhood event shaped or scarred you the most?Living through many tornados comes to mind especially inlight of recent events.

Real EstateDefault Solutions

• Strategic Default Specialists• Experienced Short-Sale Negotiators• Knowledgable in

Gov’t Refi Programs/Options• Loan Modifications & Legal Assistance• Free Consultation

There is hope. Your clients have options.Refer our expertise today!Call: 360.896.9562

Robert C. Russell, P.C.Attorneys & Counselors at LawNW LOAN MODIFICATION CENTER& NW SHORT SALE NETWORK

12500 SE Second Circle, Suite 140 • Vancouver, WA 98684www.NWLMC.com • www.NWSSN.com

“Like“ us on Facebook: facebook.com/defaultsolutions

PPatents Trademarks Copyrights

Trade Secrets Unfair Competition

Litigation

Licensing Counseling

Due Diligence

We are creative about protecting intellectual property

406 West 12th Street Vancouver, WA (360) 750-9931

www.rylanderlaw.com

RYLANDER & ASSOCIATES PC Trial & Patent Attorneys

Conference Roomavailable to rent

The CCBA’s office conference room is available for meetingsand depositions at reasonable rates.

Call Diane Wheeler at: 695-5975


One of the reasons that I abandoned my former career in theTechnocracy was the inevitable collision between the technol-ogy and the law. This collision had all the drama of a star beingdevoured by a black hole: what appeared to be slow motion toone observer would be seemingly instantaneous to another; violent and chaotic, but seemingly ordered. And, ultimatelyinevitable.

The Internet has literally revolutionized communication, andthis communication has led to some very high profile and publicrevolutions in the last few months. The Internet itself has alsobeen a battleground of its own, almost from the first minutesthat it was “open to the public” in the early 1990s.

By comparison, the law evolves at a geological time scale. In the time it takes for a legislature to address a single issue, the‘net has likely undergone major changes several times. Forexample, other than extending copyright terms, Congress madesubstantive changes in copyright law perhaps three times in thepast fifty years, leaving the courts to attempt to fine tune the con-tours in the interim. And that’s where the mischief happens…in the interim.

I don’t profess to know the answers, but at the very least, we shouldall be aware of the problems, because problems are what we arepaid to solve. If this is interesting to the local bar, I’ll take a shot attrying to make this a recurring column in Hearsay. Let’s begin.

For starters, what is a “computer?” In the 60’s and 70’s, this was pretty clear. It was an electronic device that could fill aroom, requiring massive amounts of power and air cooling todo relatively simple tasks: payroll, accounting, print mailinglabels. Few people could even contemplate having a computerin anything other than a relatively large business (or govern-ment) setting.

Then came Moore’s Law, an estimation that available computingpower would double roughly every 18 months. The pace oftechnical advances kept up with Moore’s law through the last

decade. As a result, the modern smart phone (video game con-sole, etc.) has more computing power than the supercomputersthat were used to forecast the weather during the Apollo era.

And during that entire time, few legislatures, if any, have taken alook at decades old statutes that were passed when computers werethe size of pickup trucks. Take, for example, RCW 9A.52.120Computer trespass in the second degree [1984 c 273 § 2]:

(1) A person is guilty of computer trespass in the seconddegree if the person, without authorization, intentionallygains access to a computer system or electronic database ofanother under circumstances not constituting the offense inthe first degree.

It’s pretty simple, it seems. But, in 2011, computers are ubiqui-tous. Cell phones, automobiles, video game consoles,televisions, DVD players, and even your coffee machine proba-bly are (or incorporate) a “computer system.”

Recently, the U.S. Eight Circuit Court of Appeals appears to bethe first circuit court to conclusively decide that a modern “cellphone” is a “computer” by referring to the definition establishedin the Computer Fraud and Abuse Act:1

“‘Computer’ has the meaning given that term in 18 U.S.C. §1030(e)(1), . . . an electronic, magnetic, optical, electro-chemical, or other high speed data processing deviceperforming logical, arithmetic, or storage functions, andincludes any data storage facility or communications facilitydirectly related to or operating in conjunction with suchdevice,” 18 U.S.C. § 1030(e)(1). It does not, however,“include an automated typewriter or typesetter, a portablehand held calculator, or other similar device.” 18 U.S.C. §1030(e)(1).

The panel further acknowledges the exceedingly broad sweep ofdevices that this definition now covers.

Tech v. LawThe War Against The Machine

RICK McLEODHearsay Special Correspondent

Rick McLeod is an attorney with the intellectualproperty firm of Klarquist Sparkman, LLP

Where did you grow up and how did you end up in Vancouver?I grew up in Duncan, Oklahoma and moved to Vancouver inSeptember, 2011 to serve as Senior Attorney in the NorthwestJustice Project Field office.

What or who inspired you to practice law?My sociology professor encouraged me to attend law schoolafter I wrote my senior thesis on law and social change as evi-denced by Brown v. Board of Education. I was inspired byhow lawyers could help bring about systemic social change.

What would you be doing if you were not an attorney?I think I would be either a teacher or reporter, probably the latter.

Who inspired your practice style or courtroom demeanor?My practice style reflects a hodgepodge of approaches Ilearned from my many coworkers at the Department ofAssigned Counsel, a public defender organization in PierceCounty, Washington. I worked for Pierce County as a publicdefender for nearly sixteen years. As a junior attorney, I hadthe opportunity to learn from a number of very experiencedtrial lawyers. My courtroom demeanor, for better or worse, isall my own.

Is it possible to be friends with opposing counsel? Why or why not?Yes. We are all professionals and I think it is perfectly naturaland healthy to have collegial relationships with members of thebar to the extent possible.

What are the best and worst aspects of practicing in Clark County?So far I haven’t had any negative experiences. The lawyers inthis County have been very collegial. I am impressed with the

participation in the VLP and events such as the Moot Courtcompetition and Barrister’s Ball.

Describe your dream client/case:My ideal case is one that presents a chance to litigate a novelsystemic legal issue that positively impacts low income individ-uals. My ideal client is one that is respectful, timely, andfollows my advice.

What is the best piece of advice you have received along the way?To have fun and take care of myself first.

How do you balance work with the demands of having a family?I remind myself that I will be a better lawyer if I take time off toenjoy friends and family.

What activities do you enjoy in your spare time?Ballroom dancing, biking, and cooking.

Do you have a desert island ““Top 5”” books or music albums?I enjoy all kinds of mystery novels and have eclectic taste inmusic. I’m still searching for the perfect desert island.

Favorite vacation destination (or dream vacation destination)?I enjoy visiting Puerto Vallarta, Mexico.

Tell us your favorite joke.It may not be publishable.

When’s the last time you used profanity?Probably within the last hour.

GETTING TO KNOW:

KAREN CAMPBELL“Getting to Know” is a monthly feature designed to better acquaint the membership with our local attorneys, judges and other people of interest to the Clark County bench and bar. This month’s subject is Karen Campbell, a staff attorney with Northwest Justice Project, a major legal aid organization in Southwest Washington.


Assuming for the sake of argument that the Washington courtswere to look to the CFAA for guidance in applying RCW9A.52.120, an amazing range of every day behavior is criminal-ized, including a wide range of activities that were plainlyunforeseen in 1984 – which is, ironically, the name of a bookthat suggests bad things in a future dystopia.

Consider: Spouse A finds mysterious phone numbers (or textmessages or photos) in the cell phone of Spouse B. It’s analmost daily refrain in comedy routines, because it’s true. It hap-pens hundreds, perhaps, thousands of times, every day, and itmay be criminal.

Even under a “family plan,” most people think of cell phones as“personal” – Mom’s phone, Dad’s phone, Junior’s phone etc.Thus, each phone is literally, a “computer system or electronicdatabase of another” for anyone other than the principal user.Of course, it’s a much simpler case for people who are just datingand have separate accounts.

So, what’s the big deal? In my opinion, it’s a legal landmine, justwaiting for an ultra-aggressive prosecutor. Really.

Indeed, Leon Walker, a Michigan man, is awaiting trial foraccessing his wife’s electronic mail via the family computer.2

Allegedly, he believed that she was having an affair. He accessedher email account, and filed for divorce based on what he found.As a result, he was charged with a state anti-hacking statute forreading email.

While it’s not clear if he’ll cut a deal or go to trial, it’s enough thatthere’s a prosecution because it proves the point. Eventually,someone will test the water. The technological advance of com-puters is similar to how inflation affected the “$20 dollar felony”of the colonial days. That is, in the 1700s, $20 was more than amonth’s wages for most, but now, it’s the price of pizza. Not sur-prisingly, most states have raised the “felony bar.” Similarly,computer “inflation” has moved the bar, but and perhaps weshould take notice sooner than later.

Caveat texere!____________________________1 U.S. v. Kramer, __ F.3d __ (8th Cir., Feb. 2011).2 Google “Leon Walker divorce” for the latest.

We have a new Veterans Therapeutic court in District court. Thecourt is a project that has been in the works since 2009. It wasfederally funded last year and has finally had its first sessions. It isheaded by Judge Zimmerman and has been a pet project of hisfor two years.

The first question I am asked is “Why a separate docket for Vet-erans?”. Honor, Duty, Courage, bravery, Leadership,Commitment, Respect and obedience. These words are instilledin the men and women of our Nation’s Armed Forces.

For some veterans, however, the return home may be a bit morechallenging. Time away from home can strain relationships, leavethe veteran unemployed, feel detached from society, a loss ofservice camaraderie felt while on active duty. For others, perhapsit was their combat experience or time in the service or multipledeployments that may have circumstantially left them with someheightened anxiety, depression or post traumatic stress disorder.Many studies report an alarming increase in the prevalence ofsubstance use/ abuse in returning services members.

Clark County’s Veterans Therapeutic Court provides a means tosuccessfully habilitate veterans by diverting them from the tradi-

tional criminal justice system and providing the with the toolsthey need to lead a productive and law-abiding life throughtreatment, rehabilitative programming, reinforcement and judi-cial monitoring.

Veterans are identified early through specialized screening toolsand must voluntarily participate in a judicially supervised treat-ment plan that a team of court staff, probation and lawenforcement officers, veteran resources professional, veteranspeer monitors, and treatment professionals develop.

Creating a specialized court calendar just for veterans can startthe process of healing. It is not a get our of jail free program. Theparticipant must volunteer for the program as an option to theirsentence and serve any mandatory minimums and clear any/alloutstanding warrants.

Veterans courts have been started all over the country with successin reaching their goals. I am excited in being part of this endeavor. Ithink our veterans deserve this opportunity. They answered ourcall and I believe this is the minimum that we should do for thosewho served. It is a win-win situation for our community.

Veterans Therapeutic CourtCHARLES BUCKLEYHearsay Special Correspondent

The Clark County Bar Association is delighted to announce that it will host a CLE series geared to thenew members of the legal community titled Nuts & Bolts: What Every Practioner Needs to Know. Theseries will vary from one to three hours every second Wednesday of the month. Each session will featureknowledgeable attorneys in a particular area of practice, and focus on the basic issues and proceduresconfronting an area of law. The current list of dates and topics are as follows:

Date Topic Speaker Committee Member

May 11, 2011

Consumer Protection Bill Robison Scott Matthews

June 8, 2011

Family Law Emily Sheldrick

July 13, 2011

Setting up and Advising the Small Business

Mark Beatty& TBD

Emily SheldrickMark Beatty

September 14, 2011

Wills and Estates Carol McCaulley

October 12, 2011

Criminal Trial Suzan Clark

November 9, 2011

Bankruptcy Scott Matthews

December 14, 2011

Collecting on Judgments Mark Beatty

Each one of the series is on $50 or you can purchase a discount card and attend 6 of the 12 events for$250. We’ll meet at the Quay at 3:00 and be done in time for happy hour. Materials will be provided free

for download for those who register three days before the seminar, or for a modest fee at the door.

Call 695-5975 to registerFor firms with new associates, this series is a great way to support your local bar association

and provide new associates with an introduction to the community and a broad set of useful legal skills and information.

C L A R K C O U N T Y B A R A S S O C I A T I O N C L E S E R I E S

Nuts & Bolts: What Every Practioner Needs to Know

Entertainment Booksare still available!

Now Only $15!Call Diane at 695-5975


Center Member of my agency’s management team and in my current position, as an Assistant Deputy Chief ALJ, I manage attorneys and support staff

(2) Dedicated to Developing Excellence and Professionalism in new Attorneys and Judges:

Taught 187 of WSBA accredited CLEs in 2007-11Faculty, Washington Judicial College 2009-10: teaching child support to Superior Court JudgesGuest Lecturer, Seattle University School of Law 1998-presentInstituted bi-weekly brown bag lunch meetings with new and experienced ALJs to foster mentoring and improve decision writing

(3) Good Listener, Analytical Thinker and Fair and Balanced Decision-Maker:Over 26 years experience as an Administrative Law Judge hearing disputes and working with attorneys and Pro Se litigants, then writing clear and concise, legally sound ordersReceived a number of letters from litigants, thanking me for listening to them and treating them with respect and dignity

(4) Demonstrated Commitment to Access to Justice Issues:Producer of 2 Mock Hearing Videos to assist both attorneys and Pro Se litigants to be better prepared for administrative hearings. Both mock hearings are available in closed captioning for hearing impaired and in Spanish translation. Partnered with Seattle University School of Law Access to Justice Institute for this project. Faculty Member, Cultural Competency CLEs in 2010. Partnered with Washington Minority and Justice Commission for CLEs

(5) Familiar with the Legislative Process and Successful in Working with the Legislature:

Former non-partisan staff attorney for the Washington State Senate, where I acted as a trusted advisor to Senators from both partiesCurrently serve as the legislative liaison for my agency and have been successful in advocating for and receiving significant additional funding for my agency. As part of my responsibility in this position, I read, analyze and track bills and prepare formal written financial impact statements of proposed legislation for legislative attorneys and the Governor’s budget staff.

(6) Commitment to Volunteer and Community ServiceFormer Chair and Board Member for over 10 years for Thurston County Refugee CenterFormer Volunteer Coordinator for my church, House of Bread and Roses Soup Kitchen, OlympiaSponsor, Cambodian family Mentor to low income youth

On May 2nd, the WSBA should email a ballot to you if your email address in on file with them. If not, a paper ballot will be mailed to you. If you do not receive either, please contact Pamela Wuest at the WSBA at 206-239-2125; 800-945-9722, ext. 2125; or [email protected] to request a ballot. The run- off election will run for 21 days.

I would appreciate your vote! JJane Habegger [email protected]

The Clark County Bar Association is pleased to announce its

Ninth Nuts and Bolts Lecture:

The Washington Consumer Protection Act ~ and ~

The Federal Fair Debt Collections Practices Act

by Attorney William Robison Wednesday, May 11, 3:00 – 5:00 PM, at the Red Lion at the Quay

Almost nobody understands these acts. Come get some insights from someone who does.

The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for non-attorneys. This will get you 2 CLE credits and the speaker’s prepared materials to download. There is an extra fee if you want to pick up the materials at the door.

Snacks and beverages provided – try them all! To register: call Diane Wheeler at the CCBA, (360) 695-5975, OR email: [email protected], OR


NAME __________________________________________ PHONE #_____________________________,

and EMAIL ADDRESS __________________________________________________________________.

Bill Robison graduated from the University of Washington School of Law in 1983. His litigation practice emphasizes consumer and insurance law, including personal injury, wrongful death, motorcycle collisions, trucking accidents, products liability, construction, real estate cases, and workplace injuries.

Bill is the author of the "Automobile Litigation Deskbook," published by the Washington State Trial Lawyers Association (WSTLA). Some of his reported cases include State v. Aver, 745 P.2d 479 (Wash. 1987); Kysar v. Lambert, 76 Wash. App. 470, 887 P.2d 431, 440 (Court of Appeals 1995); Truck Insurance Exchange v. Vanport Homes, 147 Wn. 2nd 761 (Washington Supreme Court 2002).

He is admitted to practice in Washington State, before the U.S. District Court, Western District of Washington, and the U.S. court of Appeals, Ninth Circuit.

An outline is on the next page.

LOCATION LOCATION LOCATIONSole practitioner looking for small executive suite office space?Would you like to be across the street from the Clark County

Courthouse? Here is the perfect location for you! One year lease includes: Reception/waiting area for clients,

free conference room use, copy machine availability, faxmachine availability, separate 7 x 10 storage space available for

lease, kitchen/break room. Utilities and janitorial included.

Contact Teresa at 360.693.4111


GOGREENOpt-in to recieve digitalPDF issues of HEARSAYvia e-mail to help reduce waste and lower CCBAproduction costs.

CONTACTDIANE WHEELERTO BE ADDED TO

THE MAILING LIST!

I Would Like to Represent You!

I am a finalist in a run-off election for the WSBA Board of Governors for the 3rd

Congressional District and which will begin May 2nd and run for 21 days. I came to Vancouver and attended your Clark County Bar Association meeting on March 14th and I enjoyed meeting and speaking with a number of you! I appreciate having the opportunity to introduce myself to those of you who were not able to attend that meeting.

I feel very honored to have received the endorsement of Loren S. Etengoff, Current WSBA Governor, 3 rd Congressional District and attorney in Vancouver, Washington.

I also feel very honored to have received the endorsement of all three candidates who also ran for this position who will not be in the run-off election:

Philip Lawrence Brady, Staff Attorney, WA Dept. of Financial Institutions, Olympia, WADayann M. Liebman, Family Law Attorney, Vancouver, WA and Stephen Ssemaala, Assistant Attorney General, Olympia, WA

I believe the WSBA should provide excellent customer service and be transparent to you, the members, who support its operations. If elected, I intend to be a good listener and open to your ideas. I am particularly interested in the Access to Justice Initiatives of the Bar and also the work of the legislative committee. I graduated from the University of Washington in 1978 and Gonzaga Law School in 1981. I began my legal career as an attorney for the non-partisan staff in the Washington State Senate. I was appointed as an Administrative Law Judge in 1984. For the past 26 years, I have specialized in conducting hearings and writing orders involving child support, public assistance, child and vulnerable adult abuse and a number of other decisions of the Department of Social and Health Services, involving some of our most vulnerable citizens. I have also conducted hearings reviewing over a dozen other state agency decisions, including decisions of the Gambling Commission, Liquor Control Board, Department of Labor and Industries, Department of Early Learning, and Office of Minority and Women’s Business Enterprises. I went to law school because I believed the law has the capacity to improve people’s lives. Thirty years later, I still believe that is true and I feel very fortunate to have had deeply fulfilling work as an attorney. I currently work as an Assistant Deputy Chief Administrative Law Judge managing a group of Administrative Law Judges and support staff working on hearings for the Disability Lifeline Program, formerly called General Assistance for the Unemployable. In addition, as the training judge for the Washington State Office of Administrative Hearings, I developed written materials for new judges which allow them to easily refer back to summaries on key topics, including legal citations. I also created a curriculum for training new judges. Additionally, I do the legislative work for my agency, which is discussed in more detail below.

The strengths I bring to this position include:(1) Experience in Overseeing a Budget and Staff:

Chair and a longtime Board Member of the Thurston County Refugee

The Washington Consumer Protection Act and Federal Fair Debt Collection Practices Act Basics and Recent Developments

Bill Robison

1. Washington Consumer Protection Act a. Basic Elements b. Recent developments

Schnall v AT&T Wireless Services, 168 W.2d 125(2010) Superceded: One year later, ____ P. 3d ____ April 14, 2011. Clarification?

2. Federal Fair Debt Collection Practices Act a. Basics

i. Sources of Information ii. Examples of Violations

iii. Jurisdiction iv. Venue v. Statute of limitations

vi. The WCPA and the FFDCPA b. Recent Developments 9th Circuit

i. McCollough v. Johnson Rodenburg & Lauinger c. Cases and Issues

i. Setting Aside Default Judgment? ii. Misrepresentation By Omission?

iii. Collector’s Duty to Investigate, is Ignorance Bliss? d. Tips, Traps, Staying Out of Trouble

Your Local Sourcefor Lawyers

Professional Liability

800-693-9006 • Phone 360-514-9550 • Fax 360-514-9551

www.DavidsonInsurance.com


Advertise with us!!! Reach 500 Attorneys and Legal

Professionals throughout Clark County!

Call Diane Wheelerfor pricing &space availability360.695.5975


The meeting began shortly after noon. Persons present wereJudge John Nichols, Judge Robert Lewis, Ann Christian,Heather Beasley, Jolene Sell, Clay Spencer, Jeff Sowder, SuzanClark, Emily Sheldrick and John Fairgrieve.

OLD BUSINESS:1. Competency evaluations being conducted on out-of-custodycriminal defendants by Western State Hospital (WSH): AnnChristian told the committee that the current backlog of out ofcustody criminal defendants waiting to be evaluated for compe-tency, diminished capacity or insanity is about 200 cases. WSHhas only one full time psychologist available to perform evalua-tions on all out of custody defendants. It has apparently hiredtwo new part time psychologists to conduct evaluations but theyare currently in training. At the present time out of custodycriminal defendants bear the responsibility to make their way toWSH for their evaluation unless a medical condition preventsthem from doing so. Ann will continue to monitor the situation.

2. Newton pleas in criminal cases: John Fairgrieve explained tothe committee that the Prosecuting Attorney’s (PA’s) office wasreviewing its policy concerning Newton pleas and the languageconcerning Newton pleas contained in its current plea offerform. He stated that a meeting had already taken place and thathe hoped to be able to relay any changes to the current policy atthe committee’s next meeting.

3. PA’s office policy concerning the use of the Residential DrugOffender Sentencing Alternative (Residential DOSA). JohnFairgrieve explained that a meeting had occurred last weekbetween PA’s office representatives, Ann Christian and Jeff Sow-der to discuss the matter. The plan is to meet with JudgeNichols, the drug court judge, and other interested parties to dis-cuss his interpretation of certain statutes that relate to

computation of credit for time served for defendants who areterminated from the Residential DOSA program prior to suc-cessful completion. The PA’s office goal is to have a clear policyposition to outline for the committee at next month’s meeting.

NEW BUSINESS 1. Jeff Sowder addressed the committee in his role as the newhead of the criminal defense section of the bar. He stated that heis concerned about or is looking at the following issues:

• The lack of money available to pay for pre-trial UAs.• Possible violation of the right to a public hearing or trial as a

result of sheriff’s deputies removing spectators for being dis-ruptive or violating courtroom rules of behavior.

• The possibility of attorneys being issued identification passesso that they will not need to submit to security screening toget into the courthouse.

• The possibility of dismissing the underlying case if a drug courtparticipant successfully completes the drug court program.

• The use of kiosks by county corrections for individuals onsupervised release to check in.

• Agreed omnibus forms.• The use of diversion for county misdemeanor cases. • The use of stays for certain types of crimes.• Bail in felony cases, and in particular his concern about bail

inflation in recent months.

2. John Fairgrieve told the committee that the PA’s office isreconsidering its approach to petitions for relief of the duty toregister as a sex or kidnapping offender filed by persons who arerequired by statute to do so. John explained that since 2005 thePA’s office had assisted, to some degree, persons to prepare theirpetitions. Additionally, the PA’s office reviewed such petitionsand, in a large majority of the cases, prepared an agreed order for

SUPERIOR COURT BENCH/BAR COMMITTEE

MEETING MINUTESAPRIL 12, 2011

JOHN FAIRGRIEVECCBA Vice President

ANGORRICK CUHC

AN

TIONAATRBITRAN OITAATIDEM

7706.412.305

Lateral PartnerSamuels Yoelin Kantor LLP seeks a lateral partner to jointhe firm’s sophisticated and diverse business, estate plan-ning, real estate, construction and litigation practices at itsnew downtown Portland office. Successful candidates willhave portable business, excellent credentials, at least tenyears experience, a good reputation in the legal commu-nity and, most importantly, a willingness to be part of acollegial work environment.

With roots dating back to 1927, Samuels Yoelin KantorLLP is one of Oregon’s oldest law firms. The firm is widelyrecognized throughout the Pacific Northwest for thesuperior legal work it performs on behalf of its corporateand individual clients.

For consideration, send resume and cover letter to Ed Cunningham at :

[email protected]

comparison between Judge Roger Bennett and Burt Reynolds.You can picture it, right? Unfortunately, Burt has not wanted toage gracefully and current pictures of him with what can only becalled a botox smile with a black-died moustache make “Silver-fox” Bennett the true Hollywood superstar. Since it is doubtfulour publication would allow for a comparison of His Honor andthe Burt Reynolds bear-skin rug photo (if you weren’t oldenough to remember it, Google it…..it is shocking for its time),we have settled for what you see here. Judge Bennett, you rock!

Your esteemed colleague Raisa Judicata can’t be everywhere. If you have atidbit of news you would like the world to know, send a note to [email protected]. Raisa usually checks in the first Monday of every month.Remember, it is your ethical duty to support your member organizationwith juicy gossip and goings on.

Silver-fox” Bennett rocks the moustache! We don’t know his politics, but Bruce Colvenlooks like a young Ralph Nader.

Does Ken Hoffman fight crime, or doesDennis Franz file papers with the Court?Who can tell the difference?

Michael Langsdorf and William Davis(aka the Cigarette Smoking man from X-files) both like the film noir!


a judge’s signature. John explained that the PA’s office believedthat a recent change in the applicable statute changed the peti-tioner’s burden of proving that he or she was sufficientlyrehabilitated to warrant removal from the registry from prepon-derance to clear and convincing evidence (subsequent researchprovided by Ann Christian reflects that the standard has notchanged, but in 2010 the legislature provided a list of thirteenfactors the court may consider in making its decision). John toldthe committee that the PA’s office questioned whether it shouldbe assisting petitioners in any way to file their petitions, andwhether it should be preparing agreed orders in any of the cases.

Suzan Clark stated that if the PA’s office changed its current proce-dure that the county bar association would need to add this serviceto the lawyer referral service and modest means programs and thata forms packet would need to be created to assist petitioners.

Judge Lewis asked John if the PA’s office would oppose all peti-tions in the future. John stated not necessarily, and that he couldenvision situations where the PA’s office might still prepareagreed orders in certain cases.

3. Judge Nichols announced that as of April 4, 2011 the Clerk’soffice had adopted a new policy concerning having the physicalcase file in court in certain situations. Court files that are over ayear old are stored at an off-site location and the Clerk’s officeindicates that substantial effort is required to retrieve them andbring them to the courthouse for hearings. The Clerk’s officeplan is to stop retrieving files over a year old for hearings, andrather to print off the pertinent clerk’s papers from Liberty forthe hearing. Additionally, documents filed with the court in suchcases will be scanned into Liberty, kept in the Clerk’s office for

90 days, and then recycled. Judge Lewis mentioned that all filesfrom year 2007 and earlier are stored off-site.

Emily Sheldrick stated that attorneys will need to let the Clerk’soffice know prior to any hearing involving a file held off-sitewhich documents will need to be printed prior to the hearing.Judge Lewis raised the question of how sealed documents wouldbe handled.

Judge Nichols told the committee that the superior court judgeswould discuss this issue at their next meeting.

4. Emily Sheldrick mentioned that the Washington WomenLawyers Association would be sponsoring a presentation titled“What Not to Wear to Court” at the Atrium in downtown Van-couver on Thursday, April 21, 2011 starting at 4:30 pm. Thepresentation is open to anyone.

5. Emily also mentioned that the Judicial Evaluation Committeesponsored by the Washington Women Lawyers Association wasbeing reconstituted based on a belief that there may be an openingor openings on the bench in the near future. She stated that thecommittee was open to any member of the Washington WomenLawyers Association. She stated that in particular the committeeneeded more representation by criminal defense attorneys.

3. Next Bench Bar committee meeting: The committee will meetnext on Tuesday, May 10, 2011 at noon in Judge Nichols’ jury room.

Respectfully submitted,

John Fairgrieve

Your clients deserve professional meticulous documentation that provides an accurate determination of property value and credible legal expertise they can rely on.

✔ Washington/Oregon Certified Residential Appraiser✔ 13 years of experience in the greater metro Portland/Vancouver area✔ Single Family, income properties, 2-4 family, multifamily, estate planning✔ Qualified expert witness in Clark & Multnomah Counties ✔ Trial experience in dissolutions and real estate litigation

When you need a professional Certified Residential Appraiser with expertise service in the greater metro Portland/Vancouver area, contact:

Scott Shobert at (360) 690-6565 or [email protected]

Do gas prices have you down? With the summer coming up andgas prices historically rising during these months, at least onelocal practitioner has looked into alternative forms of transporta-tion. Getting to work on foot is too far from her North Countyresidence, and the Bus doesn’t suit her timing schedule (not tomention she doesn’t want to run into too many of her clients oradverse parties). Car pooling is out of the question since shenever knows when she will roll into the office or what eveninghaunts she will be visiting. After serious consideration, she hassettled on a Scooter that purportedly gets between 80 and 100miles to the gallon. She wishes to remain anonymous (so the PIlawyers will stop giving her their cards) but you will see heraround on sunny days. Give her a wave and don’t lecture her!

What NOT to wear in Court?Two of our favorite male judgesjoined the Washington WomenLawyers meeting on April 21,2011 for a session of What towear, and what NOT to wear inCourt. Judge Roger Bennett andJudge John Nichols braved the

scores of women to listen to such tantalizing details as how toavoid VPL (visible panty lines – men have them too accordingto Judge Nichols) and hose, or no hose (the Judges aren’t look-ing, but avoid it if you have pale, pasty legs). Judge Bennett

invited those attending to visit the weekly Washington MenLawyers meetings conducted at the Prairie Tavern. Only thosethat can hold their whiskey are invited.

You may have noticed that the Clark CountyProsecuting Attorney’s office has adopted afresh logo that the new administrationthinks sends a better message than the ClarkCounty logo used on other County corre-spondence. The black and white logo hasthe typical scales of justice, but overlaid witha big 7-point star. Now, most old-time his-torical Sheriff badges have 6-points, but youmay notice (now that I have mentioned it),that the Clark County Sheriff’s logo is alsothe 7-pointed star. Traditionally, the 7-pointed star (or heptagram) is a symbol for

warding off evil. While some call the use of the scales of justicein private practice a cliché, where else is it appropriate than inour court system, and for those attorneys enforcing the laws? Anice take on an old image.

For our last entry of “Twins; Vancouver-style”, we have the gen-tlemen again. Raisa received many suggestions, and the onlyone that sounded good, but was hard to implement was the

What CCBAMembers Are Doing About Town

RAISA JUDICATAGuest Gossip Columnist

DOUBLE HEARSAY

Visit us online at: ccbawashington.org


CRYSTAL LAMBERTYLS President

Upcoming CLE ScheduleDate Area of Law Topic Speakers Committee

chairMay 5, 201110:00 am to 1:15 pm

Civil Litigation

Beyond the Crash John Messina James McCormick

Scott Matthews

June 10, 201110:00 – 1:00

Civil Discovery Judge Robert LewisGregg OverstreetJeff Jacobs

Jim Sellers -Carol McCaulley

July3 hour

Intellectual Property

Mark Beatty

September (tentative)

Mediation Controversial Issues in Mediation

Richard SpierSteve AndersenJane Clark

Jane Clark

October(tentative)

Mortgage Loan Modification- Before, During, After & Instead of Bankruptcy

Robert RussellWilliam Black

November Federal Federal Court Civil Procedure

December Ethics

The Young Lawyers Section would like to thank Judge Zimmer-man for sharing his knowledge regarding Specialty Courts with usat the April 27th CLE.

MAY EVENTS:

HAPPY HOUR• May 12, 2011• 5:00 - 6:30 p.m.• Top Shelf, 6th and Main• Everyone is Welcome!! (including Judges/

Commissioners and our more experienced colleagues(a.k.a. “senior” lawyers) who are willing to share words of wisdom

CLE• Guest Speaker: Honorable Judge Scott Collier• Topic: ER 904

AND a Special Question and Answer Session for all thosequestions you’ve been dying to ask a Judge but have beentoo embarrassed

PLEASE E-MAIL YOUR QUESTIONS TO [email protected], FAX TO 859-5259, orMAIL/COURIER TO CRYSTAL LAMBERT, 900WASHINGTON STREET, SUITE 1020, VANCOUVER,WA 98660 – JUDGE COLLIER WILL RECEIVE ANANNOYMOUS LIST OF QUESTIONS PRIOR TOTHE CLE• May 31, 2011• 12:00 - 1:00 p.m.• El Presidente, Evergreen and C Street• $20 for CCBA Members; $25 for non-members; $10

for law students• Please RSVP to [email protected]

We welcome you to contact us if you have any questions, suggestions, or would like to help with upcoming events.

President: Crystal Lambert, [email protected] President: Beckie Pettis, [email protected]/Secretary: Abby Nelson, [email protected]

Young Lawyers’ SectionFamily Law Section MeetingELIZABETH CHRISTYFamily Law Section President

The Family Law Section April 2011 meeting was hit with a snafu!Our scheduled speaker, Josh Foreman, was scheduled to take thetrain from King County to Clark County in order to join us.Unfortunately, I learned two hours in advance that the train Joshwas scheduled to take was delayed and he could not make it. I wasforced to find some content for our members at the last minute butthanks to the camaraderie and overall interest our members have inlively discussion, I had two members, Jolene Sell and Steve Bogdonlead discussion. Both were quite interesting and informative. Onediscussion was about a potential requirement for parents goingthrough divorces in Clark County to take a parenting class. This iscurrently a requirement in Idaho and Oregon. I have received a lotof feedback from our members on this topic.

During the April meeting we learned that Michael Langsdorf isretiring so congratulations to Michael! Also, the FLS voted tosponsor the annual Clark County Bar Association BBQ as wedid last year.

Our next meeting will be May 12 in the lounge at Tommy O’s indowntown Vancouver from 11:30 a.m. to 1:00 p.m. per usual.The topic is “Building Bridges, Managing Conflict: What we canLearn from Neuroscience” with Lydia Byhardt Bollinger, alicensed clinical social worker with certificates in both marriageand family therapy and trauma counseling, and Erin Ruff, a con-flict resolution specialist, mediator, trainer, and public policyadvocate. They will discuss what happens in the brain when aperson experiences conflict; when you try to help others solve

conflicts; what neuroscience can teach us about how to facilitateconflict resolution; and, how to prevent future conflicts.

Our last meeting for the year will be June 9, same time, same place.The topic: “When Your Client Needs Financial Planning: how aninvestment firm, a bank, and an independent financial planner canhelp.” Helping family law attorneys offer options to our clients willbe guest speakers: Andy Nygard with Edward Jones , JenniferRhoads, Director of Wealth Management with First IndependentBank, and Mark Martel with Martel Wealth Advisors Inc.

Remember that we need new officers for next year so please con-sider volunteering! We have three positions, President,Secretary, and Treasurer. Serving as an officer is a great way toconnect with your colleagues. Please let me know if you areinterested in serving the FLS.

If you would like to attend a CCBA FLS meeting and do not cur-rently receive the email updates, please email me [email protected].

Remember to visit the blog for updates and announcements:http://ccbafamilylawsection.blogspot.com/

Best Regards,

Elizabeth E. Christy

Now open at 16209 SE McGillivray, Ste. N, Vancouver In the Fischer’s Mercantile Center 360.883.2233

New Client Special

$10 $10

Caring about the needs of our customers is our main focus.

(L to r) Stylists Terrin Edwards, Alexa Sanchez, Shandra Montoya, and Jessica Fraidenberg

(formally with Ethos)


Taking a cue from the very popular TLC cable show WhatNot to Wear, the Washington Women Lawyers gathered onApril 21, 2011 at the Atrium to compare notes and listen to acollection of speakers regarding what to wear, and what not towear as a “female” lawyer. Clothes donations were collectedby the group for the Portland charity “Dress for Success”.Speakers Stacey Adkins from Nordstrom, Dr. Jill Schmid ofTsongas Litigation Group, and Judge Barbara Johnson dis-cussed that issues regarding attire in the workplace, and inCourt, are really more than style or fashion, but tap into morebasic roles and stereotypes that can be a trap for the unwary.Unfortunately men and women alike are still initially judgedby appearances.

Dr. Schmid is part of a team that consults with attorneys onlitigation and case strategy, conducting mock trials and coor-dinating shadow juries, and she has particular expertise onhow important appearances are in the litigation process. Sev-eral times Dr. Schmid stated that you want to be known forwhat you say, not for what you wear. Wearing clothes that aretoo tight, too short, too wild and colorful, or too anything candistract others from your message. On the flip side, clothesthat are rumpled, ill fitting, or that detract in a negative wayimply to the Court and your clients, that the process is notimportant and that you have little respect for the proceedings.Body language is also important in how you communicate andhow much notice is given to your message. Tilting your head

when listening or speaking, saying “I think” instead of justmaking the statement, speaking in a tentative voice or withoutconviction can also reduce the weight given to your words.These actions in combination with inappropriate clothing thatmark you as not “serious” can detract from your ability tomake your case effectively.

In terms of actually buying the clothes that are necessary,Stacey Adkins discussed some ideas regarding timeless cloth-ing options, and her complementary services available atNordstrom as a personal shopper for those who would eitherlike to save time, or would like advice on colors and choices.Stacey said the top items most stylists agree are “must haves”include a tailored white blouse, black suit coat and skirt, thelittle black dress, pearl necklace, diamond stud earrings, andblack pumps.

Judge Barbara Johnson addressed the local Court rulesregarding attire, which state that men should always havejacket and tie, and women should wear dresses, suits or pantsuits. It was highlighted that these rules apply both in Courtand in Chambers! With Judges Roger Bennett, John Nicholsand Commissioners Carin Schienberg and Kristen Parcher inattendance, the Judges agreed that the style of dress for exparte has deteriorated for men and for women. While notdressing appropriately won’t result in denial of your Order,the Judges notice who is attired appropriately and who is not.

Don’t apologize for not dressing appropriately as it highlightsyou knew the rule and decided not to comply with it.

Judge Johnson also discussed how women’s clothing haschanged since her first legal job, and that there are moreoptions and choices for women today, rather than the dreaded“man-suit” and “silk-tie”. Still, this is a conservative business,and if the attire is cause for discussion, it is probably notappropriate. Judge Johnson’s advice? “Dress like a Winner!”

Other tips from the bench? When going into another, per-haps more conservative jurisdiction, call the Judge’s judicialassistant if you are thinking about a pants suit and make surethe local rule allows it. If you don’t wear hose, make sure it isnot distracting, or the first thing people see. Open toed shoeswith no hose are acceptable to Judge Johnson, as long as yourfeet are clean and attractive and the shoe is not distracting.There is a fine line between what looks good, and what doesnot, so when in doubt, don’t risk it. No short skirts (even withleggings or hose) – even if you look great, it is not the imagethe Judges think is appropriate.

Thanks go to Marisha Childs, Rachel Brooks and EmilySheldrick for a great program. Washington Women Lawyersis on Facebook! Visit them at http://www.facebook.com/people/St-Helens-Chapter/1349259619 .

WHAT NOT TO WEAR

Emily Sheldrick’s what NOT to wear(hint – short skirt and leopard heels).

Jill Sasser applauds Tonya Rulli’s choice in clothing.

Dru Horenstein, Joni Kerr, and Jill Sasser need no advice on looking good! Dr. Jill Schmid describes the stereotypesattorneys still contend with.

Ginny Ann Nichols, Kalkadora Thangkhiew and Erin Priest enjoyed each others’ company.

Judge Johnson and Stacey Adkins listen to Dr. Schmid’s presentation. Judge Nichols describes his what NOT towear list.

Judge Johnson and Marisha Childs pose for the camera.

While Rachel Brooks showed us what NOTto wear in Court, she looked pretty great!

JEAN McCOYHearsay Special Correspondent


CRYSTAL LAMBERTYLS President

Upcoming CLE ScheduleDate Area of Law Topic Speakers Committee

chairMay 5, 201110:00 am to 1:15 pm

Civil Litigation

Beyond the Crash John Messina James McCormick

Scott Matthews

June 10, 201110:00 – 1:00

Civil Discovery Judge Robert LewisGregg OverstreetJeff Jacobs

Jim Sellers -Carol McCaulley

July3 hour

Intellectual Property

Mark Beatty

September (tentative)

Mediation Controversial Issues in Mediation

Richard SpierSteve AndersenJane Clark

Jane Clark

October(tentative)

Mortgage Loan Modification- Before, During, After & Instead of Bankruptcy

Robert RussellWilliam Black

November Federal Federal Court Civil Procedure

December Ethics

The Young Lawyers Section would like to thank Judge Zimmer-man for sharing his knowledge regarding Specialty Courts with usat the April 27th CLE.

MAY EVENTS:

HAPPY HOUR• May 12, 2011• 5:00 - 6:30 p.m.• Top Shelf, 6th and Main• Everyone is Welcome!! (including Judges/

Commissioners and our more experienced colleagues(a.k.a. “senior” lawyers) who are willing to share words of wisdom

CLE• Guest Speaker: Honorable Judge Scott Collier• Topic: ER 904

AND a Special Question and Answer Session for all thosequestions you’ve been dying to ask a Judge but have beentoo embarrassed

PLEASE E-MAIL YOUR QUESTIONS TO [email protected], FAX TO 859-5259, orMAIL/COURIER TO CRYSTAL LAMBERT, 900WASHINGTON STREET, SUITE 1020, VANCOUVER,WA 98660 – JUDGE COLLIER WILL RECEIVE ANANNOYMOUS LIST OF QUESTIONS PRIOR TOTHE CLE• May 31, 2011• 12:00 - 1:00 p.m.• El Presidente, Evergreen and C Street• $20 for CCBA Members; $25 for non-members; $10

for law students• Please RSVP to [email protected]

We welcome you to contact us if you have any questions, suggestions, or would like to help with upcoming events.

President: Crystal Lambert, [email protected] President: Beckie Pettis, [email protected]/Secretary: Abby Nelson, [email protected]

Young Lawyers’ SectionFamily Law Section MeetingELIZABETH CHRISTYFamily Law Section President

The Family Law Section April 2011 meeting was hit with a snafu!Our scheduled speaker, Josh Foreman, was scheduled to take thetrain from King County to Clark County in order to join us.Unfortunately, I learned two hours in advance that the train Joshwas scheduled to take was delayed and he could not make it. I wasforced to find some content for our members at the last minute butthanks to the camaraderie and overall interest our members have inlively discussion, I had two members, Jolene Sell and Steve Bogdonlead discussion. Both were quite interesting and informative. Onediscussion was about a potential requirement for parents goingthrough divorces in Clark County to take a parenting class. This iscurrently a requirement in Idaho and Oregon. I have received a lotof feedback from our members on this topic.

During the April meeting we learned that Michael Langsdorf isretiring so congratulations to Michael! Also, the FLS voted tosponsor the annual Clark County Bar Association BBQ as wedid last year.

Our next meeting will be May 12 in the lounge at Tommy O’s indowntown Vancouver from 11:30 a.m. to 1:00 p.m. per usual.The topic is “Building Bridges, Managing Conflict: What we canLearn from Neuroscience” with Lydia Byhardt Bollinger, alicensed clinical social worker with certificates in both marriageand family therapy and trauma counseling, and Erin Ruff, a con-flict resolution specialist, mediator, trainer, and public policyadvocate. They will discuss what happens in the brain when aperson experiences conflict; when you try to help others solve

conflicts; what neuroscience can teach us about how to facilitateconflict resolution; and, how to prevent future conflicts.

Our last meeting for the year will be June 9, same time, same place.The topic: “When Your Client Needs Financial Planning: how aninvestment firm, a bank, and an independent financial planner canhelp.” Helping family law attorneys offer options to our clients willbe guest speakers: Andy Nygard with Edward Jones , JenniferRhoads, Director of Wealth Management with First IndependentBank, and Mark Martel with Martel Wealth Advisors Inc.

Remember that we need new officers for next year so please con-sider volunteering! We have three positions, President,Secretary, and Treasurer. Serving as an officer is a great way toconnect with your colleagues. Please let me know if you areinterested in serving the FLS.

If you would like to attend a CCBA FLS meeting and do not cur-rently receive the email updates, please email me [email protected].

Remember to visit the blog for updates and announcements:http://ccbafamilylawsection.blogspot.com/

Best Regards,

Elizabeth E. Christy

Now open at 16209 SE McGillivray, Ste. N, Vancouver In the Fischer’s Mercantile Center 360.883.2233

New Client Special

$10 $10

Caring about the needs of our customers is our main focus.

(L to r) Stylists Terrin Edwards, Alexa Sanchez, Shandra Montoya, and Jessica Fraidenberg

(formally with Ethos)


a judge’s signature. John explained that the PA’s office believedthat a recent change in the applicable statute changed the peti-tioner’s burden of proving that he or she was sufficientlyrehabilitated to warrant removal from the registry from prepon-derance to clear and convincing evidence (subsequent researchprovided by Ann Christian reflects that the standard has notchanged, but in 2010 the legislature provided a list of thirteenfactors the court may consider in making its decision). John toldthe committee that the PA’s office questioned whether it shouldbe assisting petitioners in any way to file their petitions, andwhether it should be preparing agreed orders in any of the cases.

Suzan Clark stated that if the PA’s office changed its current proce-dure that the county bar association would need to add this serviceto the lawyer referral service and modest means programs and thata forms packet would need to be created to assist petitioners.

Judge Lewis asked John if the PA’s office would oppose all peti-tions in the future. John stated not necessarily, and that he couldenvision situations where the PA’s office might still prepareagreed orders in certain cases.

3. Judge Nichols announced that as of April 4, 2011 the Clerk’soffice had adopted a new policy concerning having the physicalcase file in court in certain situations. Court files that are over ayear old are stored at an off-site location and the Clerk’s officeindicates that substantial effort is required to retrieve them andbring them to the courthouse for hearings. The Clerk’s officeplan is to stop retrieving files over a year old for hearings, andrather to print off the pertinent clerk’s papers from Liberty forthe hearing. Additionally, documents filed with the court in suchcases will be scanned into Liberty, kept in the Clerk’s office for

90 days, and then recycled. Judge Lewis mentioned that all filesfrom year 2007 and earlier are stored off-site.

Emily Sheldrick stated that attorneys will need to let the Clerk’soffice know prior to any hearing involving a file held off-sitewhich documents will need to be printed prior to the hearing.Judge Lewis raised the question of how sealed documents wouldbe handled.

Judge Nichols told the committee that the superior court judgeswould discuss this issue at their next meeting.

4. Emily Sheldrick mentioned that the Washington WomenLawyers Association would be sponsoring a presentation titled“What Not to Wear to Court” at the Atrium in downtown Van-couver on Thursday, April 21, 2011 starting at 4:30 pm. Thepresentation is open to anyone.

5. Emily also mentioned that the Judicial Evaluation Committeesponsored by the Washington Women Lawyers Association wasbeing reconstituted based on a belief that there may be an openingor openings on the bench in the near future. She stated that thecommittee was open to any member of the Washington WomenLawyers Association. She stated that in particular the committeeneeded more representation by criminal defense attorneys.

3. Next Bench Bar committee meeting: The committee will meetnext on Tuesday, May 10, 2011 at noon in Judge Nichols’ jury room.

Respectfully submitted,

John Fairgrieve

Your clients deserve professional meticulous documentation that provides an accurate determination of property value and credible legal expertise they can rely on.

✔ Washington/Oregon Certified Residential Appraiser✔ 13 years of experience in the greater metro Portland/Vancouver area✔ Single Family, income properties, 2-4 family, multifamily, estate planning✔ Qualified expert witness in Clark & Multnomah Counties ✔ Trial experience in dissolutions and real estate litigation

When you need a professional Certified Residential Appraiser with expertise service in the greater metro Portland/Vancouver area, contact:

Scott Shobert at (360) 690-6565 or [email protected]

Do gas prices have you down? With the summer coming up andgas prices historically rising during these months, at least onelocal practitioner has looked into alternative forms of transporta-tion. Getting to work on foot is too far from her North Countyresidence, and the Bus doesn’t suit her timing schedule (not tomention she doesn’t want to run into too many of her clients oradverse parties). Car pooling is out of the question since shenever knows when she will roll into the office or what eveninghaunts she will be visiting. After serious consideration, she hassettled on a Scooter that purportedly gets between 80 and 100miles to the gallon. She wishes to remain anonymous (so the PIlawyers will stop giving her their cards) but you will see heraround on sunny days. Give her a wave and don’t lecture her!

What NOT to wear in Court?Two of our favorite male judgesjoined the Washington WomenLawyers meeting on April 21,2011 for a session of What towear, and what NOT to wear inCourt. Judge Roger Bennett andJudge John Nichols braved the

scores of women to listen to such tantalizing details as how toavoid VPL (visible panty lines – men have them too accordingto Judge Nichols) and hose, or no hose (the Judges aren’t look-ing, but avoid it if you have pale, pasty legs). Judge Bennett

invited those attending to visit the weekly Washington MenLawyers meetings conducted at the Prairie Tavern. Only thosethat can hold their whiskey are invited.

You may have noticed that the Clark CountyProsecuting Attorney’s office has adopted afresh logo that the new administrationthinks sends a better message than the ClarkCounty logo used on other County corre-spondence. The black and white logo hasthe typical scales of justice, but overlaid witha big 7-point star. Now, most old-time his-torical Sheriff badges have 6-points, but youmay notice (now that I have mentioned it),that the Clark County Sheriff’s logo is alsothe 7-pointed star. Traditionally, the 7-pointed star (or heptagram) is a symbol for

warding off evil. While some call the use of the scales of justicein private practice a cliché, where else is it appropriate than inour court system, and for those attorneys enforcing the laws? Anice take on an old image.

For our last entry of “Twins; Vancouver-style”, we have the gen-tlemen again. Raisa received many suggestions, and the onlyone that sounded good, but was hard to implement was the

What CCBAMembers Are Doing About Town

RAISA JUDICATAGuest Gossip Columnist

DOUBLE HEARSAY

Visit us online at: ccbawashington.org


Advertise with us!!! Reach 500 Attorneys and Legal

Professionals throughout Clark County!



The meeting began shortly after noon. Persons present wereJudge John Nichols, Judge Robert Lewis, Ann Christian,Heather Beasley, Jolene Sell, Clay Spencer, Jeff Sowder, SuzanClark, Emily Sheldrick and John Fairgrieve.

OLD BUSINESS:1. Competency evaluations being conducted on out-of-custodycriminal defendants by Western State Hospital (WSH): AnnChristian told the committee that the current backlog of out ofcustody criminal defendants waiting to be evaluated for compe-tency, diminished capacity or insanity is about 200 cases. WSHhas only one full time psychologist available to perform evalua-tions on all out of custody defendants. It has apparently hiredtwo new part time psychologists to conduct evaluations but theyare currently in training. At the present time out of custodycriminal defendants bear the responsibility to make their way toWSH for their evaluation unless a medical condition preventsthem from doing so. Ann will continue to monitor the situation.

2. Newton pleas in criminal cases: John Fairgrieve explained tothe committee that the Prosecuting Attorney’s (PA’s) office wasreviewing its policy concerning Newton pleas and the languageconcerning Newton pleas contained in its current plea offerform. He stated that a meeting had already taken place and thathe hoped to be able to relay any changes to the current policy atthe committee’s next meeting.

3. PA’s office policy concerning the use of the Residential DrugOffender Sentencing Alternative (Residential DOSA). JohnFairgrieve explained that a meeting had occurred last weekbetween PA’s office representatives, Ann Christian and Jeff Sow-der to discuss the matter. The plan is to meet with JudgeNichols, the drug court judge, and other interested parties to dis-cuss his interpretation of certain statutes that relate to

computation of credit for time served for defendants who areterminated from the Residential DOSA program prior to suc-cessful completion. The PA’s office goal is to have a clear policyposition to outline for the committee at next month’s meeting.

NEW BUSINESS 1. Jeff Sowder addressed the committee in his role as the newhead of the criminal defense section of the bar. He stated that heis concerned about or is looking at the following issues:

• The lack of money available to pay for pre-trial UAs.• Possible violation of the right to a public hearing or trial as a

result of sheriff’s deputies removing spectators for being dis-ruptive or violating courtroom rules of behavior.

• The possibility of attorneys being issued identification passesso that they will not need to submit to security screening toget into the courthouse.

• The possibility of dismissing the underlying case if a drug courtparticipant successfully completes the drug court program.

• The use of kiosks by county corrections for individuals onsupervised release to check in.

• Agreed omnibus forms.• The use of diversion for county misdemeanor cases. • The use of stays for certain types of crimes.• Bail in felony cases, and in particular his concern about bail

inflation in recent months.

2. John Fairgrieve told the committee that the PA’s office isreconsidering its approach to petitions for relief of the duty toregister as a sex or kidnapping offender filed by persons who arerequired by statute to do so. John explained that since 2005 thePA’s office had assisted, to some degree, persons to prepare theirpetitions. Additionally, the PA’s office reviewed such petitionsand, in a large majority of the cases, prepared an agreed order for

SUPERIOR COURT BENCH/BAR COMMITTEE

MEETING MINUTESAPRIL 12, 2011

JOHN FAIRGRIEVECCBA Vice President

ANGORRICK CUHC

AN

TIONAATRBITRAN OITAATIDEM

7706.412.305

Lateral PartnerSamuels Yoelin Kantor LLP seeks a lateral partner to jointhe firm’s sophisticated and diverse business, estate plan-ning, real estate, construction and litigation practices at itsnew downtown Portland office. Successful candidates willhave portable business, excellent credentials, at least tenyears experience, a good reputation in the legal commu-nity and, most importantly, a willingness to be part of acollegial work environment.

With roots dating back to 1927, Samuels Yoelin KantorLLP is one of Oregon’s oldest law firms. The firm is widelyrecognized throughout the Pacific Northwest for thesuperior legal work it performs on behalf of its corporateand individual clients.

For consideration, send resume and cover letter to Ed Cunningham at :

[email protected]

comparison between Judge Roger Bennett and Burt Reynolds.You can picture it, right? Unfortunately, Burt has not wanted toage gracefully and current pictures of him with what can only becalled a botox smile with a black-died moustache make “Silver-fox” Bennett the true Hollywood superstar. Since it is doubtfulour publication would allow for a comparison of His Honor andthe Burt Reynolds bear-skin rug photo (if you weren’t oldenough to remember it, Google it…..it is shocking for its time),we have settled for what you see here. Judge Bennett, you rock!

Your esteemed colleague Raisa Judicata can’t be everywhere. If you have atidbit of news you would like the world to know, send a note to [email protected]. Raisa usually checks in the first Monday of every month.Remember, it is your ethical duty to support your member organizationwith juicy gossip and goings on.

Silver-fox” Bennett rocks the moustache! We don’t know his politics, but Bruce Colvenlooks like a young Ralph Nader.

Does Ken Hoffman fight crime, or doesDennis Franz file papers with the Court?Who can tell the difference?

Michael Langsdorf and William Davis(aka the Cigarette Smoking man from X-files) both like the film noir!


GOGREENOpt-in to recieve digitalPDF issues of HEARSAYvia e-mail to help reduce waste and lower CCBAproduction costs.

CONTACTDIANE WHEELERTO BE ADDED TO

THE MAILING LIST!

I Would Like to Represent You!

I am a finalist in a run-off election for the WSBA Board of Governors for the 3rd

Congressional District and which will begin May 2nd and run for 21 days. I came to Vancouver and attended your Clark County Bar Association meeting on March 14th and I enjoyed meeting and speaking with a number of you! I appreciate having the opportunity to introduce myself to those of you who were not able to attend that meeting.

I feel very honored to have received the endorsement of Loren S. Etengoff, Current WSBA Governor, 3 rd Congressional District and attorney in Vancouver, Washington.

I also feel very honored to have received the endorsement of all three candidates who also ran for this position who will not be in the run-off election:

Philip Lawrence Brady, Staff Attorney, WA Dept. of Financial Institutions, Olympia, WADayann M. Liebman, Family Law Attorney, Vancouver, WA and Stephen Ssemaala, Assistant Attorney General, Olympia, WA

I believe the WSBA should provide excellent customer service and be transparent to you, the members, who support its operations. If elected, I intend to be a good listener and open to your ideas. I am particularly interested in the Access to Justice Initiatives of the Bar and also the work of the legislative committee. I graduated from the University of Washington in 1978 and Gonzaga Law School in 1981. I began my legal career as an attorney for the non-partisan staff in the Washington State Senate. I was appointed as an Administrative Law Judge in 1984. For the past 26 years, I have specialized in conducting hearings and writing orders involving child support, public assistance, child and vulnerable adult abuse and a number of other decisions of the Department of Social and Health Services, involving some of our most vulnerable citizens. I have also conducted hearings reviewing over a dozen other state agency decisions, including decisions of the Gambling Commission, Liquor Control Board, Department of Labor and Industries, Department of Early Learning, and Office of Minority and Women’s Business Enterprises. I went to law school because I believed the law has the capacity to improve people’s lives. Thirty years later, I still believe that is true and I feel very fortunate to have had deeply fulfilling work as an attorney. I currently work as an Assistant Deputy Chief Administrative Law Judge managing a group of Administrative Law Judges and support staff working on hearings for the Disability Lifeline Program, formerly called General Assistance for the Unemployable. In addition, as the training judge for the Washington State Office of Administrative Hearings, I developed written materials for new judges which allow them to easily refer back to summaries on key topics, including legal citations. I also created a curriculum for training new judges. Additionally, I do the legislative work for my agency, which is discussed in more detail below.

The strengths I bring to this position include:(1) Experience in Overseeing a Budget and Staff:

Chair and a longtime Board Member of the Thurston County Refugee

The Washington Consumer Protection Act and Federal Fair Debt Collection Practices Act Basics and Recent Developments

Bill Robison

1. Washington Consumer Protection Act a. Basic Elements b. Recent developments

Schnall v AT&T Wireless Services, 168 W.2d 125(2010) Superceded: One year later, ____ P. 3d ____ April 14, 2011. Clarification?

2. Federal Fair Debt Collection Practices Act a. Basics

i. Sources of Information ii. Examples of Violations

iii. Jurisdiction iv. Venue v. Statute of limitations

vi. The WCPA and the FFDCPA b. Recent Developments 9th Circuit

i. McCollough v. Johnson Rodenburg & Lauinger c. Cases and Issues

i. Setting Aside Default Judgment? ii. Misrepresentation By Omission?

iii. Collector’s Duty to Investigate, is Ignorance Bliss? d. Tips, Traps, Staying Out of Trouble

Your Local Sourcefor Lawyers

Professional Liability

800-693-9006 • Phone 360-514-9550 • Fax 360-514-9551

www.DavidsonInsurance.com


Center Member of my agency’s management team and in my current position, as an Assistant Deputy Chief ALJ, I manage attorneys and support staff

(2) Dedicated to Developing Excellence and Professionalism in new Attorneys and Judges:

Taught 187 of WSBA accredited CLEs in 2007-11Faculty, Washington Judicial College 2009-10: teaching child support to Superior Court JudgesGuest Lecturer, Seattle University School of Law 1998-presentInstituted bi-weekly brown bag lunch meetings with new and experienced ALJs to foster mentoring and improve decision writing

(3) Good Listener, Analytical Thinker and Fair and Balanced Decision-Maker:Over 26 years experience as an Administrative Law Judge hearing disputes and working with attorneys and Pro Se litigants, then writing clear and concise, legally sound ordersReceived a number of letters from litigants, thanking me for listening to them and treating them with respect and dignity

(4) Demonstrated Commitment to Access to Justice Issues:Producer of 2 Mock Hearing Videos to assist both attorneys and Pro Se litigants to be better prepared for administrative hearings. Both mock hearings are available in closed captioning for hearing impaired and in Spanish translation. Partnered with Seattle University School of Law Access to Justice Institute for this project. Faculty Member, Cultural Competency CLEs in 2010. Partnered with Washington Minority and Justice Commission for CLEs

(5) Familiar with the Legislative Process and Successful in Working with the Legislature:

Former non-partisan staff attorney for the Washington State Senate, where I acted as a trusted advisor to Senators from both partiesCurrently serve as the legislative liaison for my agency and have been successful in advocating for and receiving significant additional funding for my agency. As part of my responsibility in this position, I read, analyze and track bills and prepare formal written financial impact statements of proposed legislation for legislative attorneys and the Governor’s budget staff.

(6) Commitment to Volunteer and Community ServiceFormer Chair and Board Member for over 10 years for Thurston County Refugee CenterFormer Volunteer Coordinator for my church, House of Bread and Roses Soup Kitchen, OlympiaSponsor, Cambodian family Mentor to low income youth

On May 2nd, the WSBA should email a ballot to you if your email address in on file with them. If not, a paper ballot will be mailed to you. If you do not receive either, please contact Pamela Wuest at the WSBA at 206-239-2125; 800-945-9722, ext. 2125; or [email protected] to request a ballot. The run- off election will run for 21 days.

I would appreciate your vote! JJane Habegger [email protected]

The Clark County Bar Association is pleased to announce its

Ninth Nuts and Bolts Lecture:

The Washington Consumer Protection Act ~ and ~

The Federal Fair Debt Collections Practices Act

by Attorney William Robison Wednesday, May 11, 3:00 – 5:00 PM, at the Red Lion at the Quay

Almost nobody understands these acts. Come get some insights from someone who does.

The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for non-attorneys. This will get you 2 CLE credits and the speaker’s prepared materials to download. There is an extra fee if you want to pick up the materials at the door.

Snacks and beverages provided – try them all! To register: call Diane Wheeler at the CCBA, (360) 695-5975, OR email: [email protected], OR


NAME __________________________________________ PHONE #_____________________________,

and EMAIL ADDRESS __________________________________________________________________.

Bill Robison graduated from the University of Washington School of Law in 1983. His litigation practice emphasizes consumer and insurance law, including personal injury, wrongful death, motorcycle collisions, trucking accidents, products liability, construction, real estate cases, and workplace injuries.

Bill is the author of the "Automobile Litigation Deskbook," published by the Washington State Trial Lawyers Association (WSTLA). Some of his reported cases include State v. Aver, 745 P.2d 479 (Wash. 1987); Kysar v. Lambert, 76 Wash. App. 470, 887 P.2d 431, 440 (Court of Appeals 1995); Truck Insurance Exchange v. Vanport Homes, 147 Wn. 2nd 761 (Washington Supreme Court 2002).

He is admitted to practice in Washington State, before the U.S. District Court, Western District of Washington, and the U.S. court of Appeals, Ninth Circuit.

An outline is on the next page.

LOCATION LOCATION LOCATIONSole practitioner looking for small executive suite office space?Would you like to be across the street from the Clark County

Courthouse? Here is the perfect location for you! One year lease includes: Reception/waiting area for clients,

free conference room use, copy machine availability, faxmachine availability, separate 7 x 10 storage space available for

lease, kitchen/break room. Utilities and janitorial included.

Contact Teresa at 360.693.4111


Assuming for the sake of argument that the Washington courtswere to look to the CFAA for guidance in applying RCW9A.52.120, an amazing range of every day behavior is criminal-ized, including a wide range of activities that were plainlyunforeseen in 1984 – which is, ironically, the name of a bookthat suggests bad things in a future dystopia.

Consider: Spouse A finds mysterious phone numbers (or textmessages or photos) in the cell phone of Spouse B. It’s analmost daily refrain in comedy routines, because it’s true. It hap-pens hundreds, perhaps, thousands of times, every day, and itmay be criminal.

Even under a “family plan,” most people think of cell phones as“personal” – Mom’s phone, Dad’s phone, Junior’s phone etc.Thus, each phone is literally, a “computer system or electronicdatabase of another” for anyone other than the principal user.Of course, it’s a much simpler case for people who are just datingand have separate accounts.

So, what’s the big deal? In my opinion, it’s a legal landmine, justwaiting for an ultra-aggressive prosecutor. Really.

Indeed, Leon Walker, a Michigan man, is awaiting trial foraccessing his wife’s electronic mail via the family computer.2

Allegedly, he believed that she was having an affair. He accessedher email account, and filed for divorce based on what he found.As a result, he was charged with a state anti-hacking statute forreading email.

While it’s not clear if he’ll cut a deal or go to trial, it’s enough thatthere’s a prosecution because it proves the point. Eventually,someone will test the water. The technological advance of com-puters is similar to how inflation affected the “$20 dollar felony”of the colonial days. That is, in the 1700s, $20 was more than amonth’s wages for most, but now, it’s the price of pizza. Not sur-prisingly, most states have raised the “felony bar.” Similarly,computer “inflation” has moved the bar, but and perhaps weshould take notice sooner than later.

Caveat texere!____________________________1 U.S. v. Kramer, __ F.3d __ (8th Cir., Feb. 2011).2 Google “Leon Walker divorce” for the latest.

We have a new Veterans Therapeutic court in District court. Thecourt is a project that has been in the works since 2009. It wasfederally funded last year and has finally had its first sessions. It isheaded by Judge Zimmerman and has been a pet project of hisfor two years.

The first question I am asked is “Why a separate docket for Vet-erans?”. Honor, Duty, Courage, bravery, Leadership,Commitment, Respect and obedience. These words are instilledin the men and women of our Nation’s Armed Forces.

For some veterans, however, the return home may be a bit morechallenging. Time away from home can strain relationships, leavethe veteran unemployed, feel detached from society, a loss ofservice camaraderie felt while on active duty. For others, perhapsit was their combat experience or time in the service or multipledeployments that may have circumstantially left them with someheightened anxiety, depression or post traumatic stress disorder.Many studies report an alarming increase in the prevalence ofsubstance use/ abuse in returning services members.

Clark County’s Veterans Therapeutic Court provides a means tosuccessfully habilitate veterans by diverting them from the tradi-

tional criminal justice system and providing the with the toolsthey need to lead a productive and law-abiding life throughtreatment, rehabilitative programming, reinforcement and judi-cial monitoring.

Veterans are identified early through specialized screening toolsand must voluntarily participate in a judicially supervised treat-ment plan that a team of court staff, probation and lawenforcement officers, veteran resources professional, veteranspeer monitors, and treatment professionals develop.

Creating a specialized court calendar just for veterans can startthe process of healing. It is not a get our of jail free program. Theparticipant must volunteer for the program as an option to theirsentence and serve any mandatory minimums and clear any/alloutstanding warrants.

Veterans courts have been started all over the country with successin reaching their goals. I am excited in being part of this endeavor. Ithink our veterans deserve this opportunity. They answered ourcall and I believe this is the minimum that we should do for thosewho served. It is a win-win situation for our community.

Veterans Therapeutic CourtCHARLES BUCKLEYHearsay Special Correspondent

The Clark County Bar Association is delighted to announce that it will host a CLE series geared to thenew members of the legal community titled Nuts & Bolts: What Every Practioner Needs to Know. Theseries will vary from one to three hours every second Wednesday of the month. Each session will featureknowledgeable attorneys in a particular area of practice, and focus on the basic issues and proceduresconfronting an area of law. The current list of dates and topics are as follows:

Date Topic Speaker Committee Member

May 11, 2011

Consumer Protection Bill Robison Scott Matthews

June 8, 2011

Family Law Emily Sheldrick

July 13, 2011

Setting up and Advising the Small Business

Mark Beatty& TBD

Emily SheldrickMark Beatty

September 14, 2011

Wills and Estates Carol McCaulley

October 12, 2011

Criminal Trial Suzan Clark

November 9, 2011

Bankruptcy Scott Matthews

December 14, 2011

Collecting on Judgments Mark Beatty

Each one of the series is on $50 or you can purchase a discount card and attend 6 of the 12 events for$250. We’ll meet at the Quay at 3:00 and be done in time for happy hour. Materials will be provided free

for download for those who register three days before the seminar, or for a modest fee at the door.

Call 695-5975 to registerFor firms with new associates, this series is a great way to support your local bar association

and provide new associates with an introduction to the community and a broad set of useful legal skills and information.

C L A R K C O U N T Y B A R A S S O C I A T I O N C L E S E R I E S

Nuts & Bolts: What Every Practioner Needs to Know

Entertainment Booksare still available!

Now Only $15!Call Diane at 695-5975


One of the reasons that I abandoned my former career in theTechnocracy was the inevitable collision between the technol-ogy and the law. This collision had all the drama of a star beingdevoured by a black hole: what appeared to be slow motion toone observer would be seemingly instantaneous to another; violent and chaotic, but seemingly ordered. And, ultimatelyinevitable.

The Internet has literally revolutionized communication, andthis communication has led to some very high profile and publicrevolutions in the last few months. The Internet itself has alsobeen a battleground of its own, almost from the first minutesthat it was “open to the public” in the early 1990s.

By comparison, the law evolves at a geological time scale. In the time it takes for a legislature to address a single issue, the‘net has likely undergone major changes several times. Forexample, other than extending copyright terms, Congress madesubstantive changes in copyright law perhaps three times in thepast fifty years, leaving the courts to attempt to fine tune the con-tours in the interim. And that’s where the mischief happens…in the interim.

I don’t profess to know the answers, but at the very least, we shouldall be aware of the problems, because problems are what we arepaid to solve. If this is interesting to the local bar, I’ll take a shot attrying to make this a recurring column in Hearsay. Let’s begin.

For starters, what is a “computer?” In the 60’s and 70’s, this was pretty clear. It was an electronic device that could fill aroom, requiring massive amounts of power and air cooling todo relatively simple tasks: payroll, accounting, print mailinglabels. Few people could even contemplate having a computerin anything other than a relatively large business (or govern-ment) setting.

Then came Moore’s Law, an estimation that available computingpower would double roughly every 18 months. The pace oftechnical advances kept up with Moore’s law through the last

decade. As a result, the modern smart phone (video game con-sole, etc.) has more computing power than the supercomputersthat were used to forecast the weather during the Apollo era.

And during that entire time, few legislatures, if any, have taken alook at decades old statutes that were passed when computers werethe size of pickup trucks. Take, for example, RCW 9A.52.120Computer trespass in the second degree [1984 c 273 § 2]:

(1) A person is guilty of computer trespass in the seconddegree if the person, without authorization, intentionallygains access to a computer system or electronic database ofanother under circumstances not constituting the offense inthe first degree.

It’s pretty simple, it seems. But, in 2011, computers are ubiqui-tous. Cell phones, automobiles, video game consoles,televisions, DVD players, and even your coffee machine proba-bly are (or incorporate) a “computer system.”

Recently, the U.S. Eight Circuit Court of Appeals appears to bethe first circuit court to conclusively decide that a modern “cellphone” is a “computer” by referring to the definition establishedin the Computer Fraud and Abuse Act:1

“‘Computer’ has the meaning given that term in 18 U.S.C. §1030(e)(1), . . . an electronic, magnetic, optical, electro-chemical, or other high speed data processing deviceperforming logical, arithmetic, or storage functions, andincludes any data storage facility or communications facilitydirectly related to or operating in conjunction with suchdevice,” 18 U.S.C. § 1030(e)(1). It does not, however,“include an automated typewriter or typesetter, a portablehand held calculator, or other similar device.” 18 U.S.C. §1030(e)(1).

The panel further acknowledges the exceedingly broad sweep ofdevices that this definition now covers.

Tech v. LawThe War Against The Machine

RICK MC LEODHearsay Special Correspondent

Where did you grow up and how did you end up in Vancouver?I grew up in Duncan, Oklahoma and moved to Vancouver inSeptember, 2011 to serve as Senior Attorney in the NorthwestJustice Project Field office.

What or who inspired you to practice law?My sociology professor encouraged me to attend law schoolafter I wrote my senior thesis on law and social change as evi-denced by Brown v. Board of Education. I was inspired byhow lawyers could help bring about systemic social change.

What would you be doing if you were not an attorney?I think I would be either a teacher or reporter, probably the latter.

Who inspired your practice style or courtroom demeanor?My practice style reflects a hodgepodge of approaches Ilearned from my many coworkers at the Department ofAssigned Counsel, a public defender organization in PierceCounty, Washington. I worked for Pierce County as a publicdefender for nearly sixteen years. As a junior attorney, I hadthe opportunity to learn from a number of very experiencedtrial lawyers. My courtroom demeanor, for better or worse, isall my own.

Is it possible to be friends with opposing counsel? Why or why not?Yes. We are all professionals and I think it is perfectly naturaland healthy to have collegial relationships with members of thebar to the extent possible.

What are the best and worst aspects of practicing in Clark County?So far I haven’t had any negative experiences. The lawyers inthis County have been very collegial. I am impressed with the

participation in the VLP and events such as the Moot Courtcompetition and Barrister’s Ball.

Describe your dream client/case:My ideal case is one that presents a chance to litigate a novelsystemic legal issue that positively impacts low income individ-uals. My ideal client is one that is respectful, timely, andfollows my advice.

What is the best piece of advice you have received along the way?To have fun and take care of myself first.

How do you balance work with the demands of having a family?I remind myself that I will be a better lawyer if I take time off toenjoy friends and family.

What activities do you enjoy in your spare time?Ballroom dancing, biking, and cooking.

Do you have a desert island ““Top 5”” books or music albums?I enjoy all kinds of mystery novels and have eclectic taste inmusic. I’m still searching for the perfect desert island.

Favorite vacation destination (or dream vacation destination)?I enjoy visiting Puerto Vallarta, Mexico.

Tell us your favorite joke.It may not be publishable.

When’s the last time you used profanity?Probably within the last hour.

GETTING TO KNOW:

KAREN CAMPBELL“Getting to Know” is a monthly feature designed to better acquaint the membership with our local attorneys, judges and other people of interest tothe Clark County bench and bar. This month’s subject is Karen Campbell, a staffattorney with Northwest Justice Project, a major legal aid organization in Southwest Washington.


S.W. Washington office805 Broadway Street, Vancouver(360) 823-0410GevurtzMenashe.com

Representing clients in Oregon and Washington

OFFICE SPACEFOR LEASESPACIOUS OFFICE

PARKING SPACESHARED CONFERENCE ROOM

2 BLOCKS FROM COURTHOUSE

POST OFFICE ACROSS STREET

UTILITIES & JANITORIAL INCLUDED

SECURITY SYSTEM

OFFICE SHARING SERVICES AVAILABLE

1112 DANIELS STREETVANCOUVER, WA

CALL 695-0068

Senior Litigation Assistant / SupportStaff Coordinator - $15-$20+/hr DOE

Vancouver City Attorney’s Office seeks long-term temporary paralegal tosupport attorneys and supervise the day-to-day operational activities ofthe civil support staff. Qualified candidates for this position will have aminimum of five years WA litigation experience working with senior levelattorneys in a busy environment.

Responsibilities will include managing litigation files, maintaining trial cal-endars, interviewing witnesses, preparing correspondence and legaldocuments and performing legal research. In addition to a strong legalbackground, staff supervision experience is highly preferred including con-flict resolution, training and motivation, project prioritization and delegationand work evaluations.

If you have been looking for a position that allows you blend your legalknowledge with your talent for making the place you work run smoothlyand efficiently, this is a great opportunity to utilize your diverse set of skills.This temporary position should last a minimum of 12 months and couldgo beyond that time.

If you are interested and qualified, please contact Martha Olsen, OfficeAdministrator, for further information on the application process.

[email protected]

You’re President for enough time to make only one executive decision. What is it?Institute a truly progressive income tax system.

What would you attempt to do if you knew that you could not fail?Ski.

What type of products do you never go cheap on, for the sake of quality?Shoes.

Describe a few pet peeves of yours.Attorneys who engage in unnecessary gamesmanship.

What do you know now that you wish someone had told you 10 years ago?That the economy would crash.

What childhood event shaped or scarred you the most?Living through many tornados comes to mind especially inlight of recent events.

Real EstateDefault Solutions

• Strategic Default Specialists• Experienced Short-Sale Negotiators• Knowledgable in

Gov’t Refi Programs/Options• Loan Modifications & Legal Assistance• Free Consultation

There is hope. Your clients have options.Refer our expertise today!Call: 360.896.9562

Robert C. Russell, P.C.Attorneys & Counselors at LawNW LOAN MODIFICATION CENTER& NW SHORT SALE NETWORK

12500 SE Second Circle, Suite 140 • Vancouver, WA 98684www.NWLMC.com • www.NWSSN.com

“Like“ us on Facebook: facebook.com/defaultsolutions

PPatents Trademarks Copyrights

Trade Secrets Unfair Competition

Litigation

Licensing Counseling

Due Diligence

We are creative about protecting intellectual property

406 West 12th Street Vancouver, WA (360) 750-9931

www.rylanderlaw.com

RYLANDER & ASSOCIATES PC Trial & Patent Attorneys

Conference Roomavailable to rent

The CCBA’s office conference room is available for meetingsand depositions at reasonable rates.

Call Diane Wheeler at: 695-5975


DISCOVERY Clark County Bar Association, June 10, 2011, 10:00am – 1:00 pm

Jeff Jacobs – the Basics

1. Scope of Discovery 2. Interrogatories 3. Requests for Production 4. Physical/Mental Examinations 5. Requests for Admission

Robert Lewis – the Bench View 1. Rule 26(i) – Requirement to confer and impact of failing to do so 2. Rule 37 Motions to Compel Discovery -when and how they should be used 3. Protective orders 4. Summary Judgment and Partial Summary Judgment Motions – how to use these effectively in a civil

practice 5. How to obtain rulings on disputes during depositions 6. Motions to Continue Trial 7. Motion procedure and decorum 8. Tips from the bench on most effective motion practice

Greg Overstreet – The Public Records Act as a Discovery Tool (Before and During Litigation)

1. Who Should Be Using the PRA 2. Overview of the PRA 3. How to Use the PRA Before Litigation 4. How to Use the PRA During Litigation

Representing InjuredWorkers on Their

Washington ClaimsBusick Hamrick, PLLC

Steven L. Busick Frances R. Hamrick Douglas M. Palmer

(360) 696-02281915 Washington Street Vancouver, WA 98660

Rider & Associates Inc. provides superior court reporting services to the legal profession in

Southwest Washington and the Portland, Oregon region. We have successfully served our

clients since 1979 by offering many features and benefits tailored to your needs. We specialize

in complex medical and technical terminology and offer the latest technology in both software

and hardware applications to support the needs of a demanding industry. Rider & Associates,

Inc. will guarantee the highest level of professionalism with personalized service and attention

to detail.

P.O Box 245

Vancouver, WA 98666

Phone: 800.869.0864

Fax: 360.693.1037

E-mail: [email protected]

Web: www.RiderandAssociates.com

Our Services Include:

♦ 7-10 day turnaround time without an expedite fee

♦ Full-Time Staff

♦ Realtime Reporting

♦ Computerized Transcription

♦ Caseview/Live Note

♦ e-Transcript

♦ Immediate Delivery

♦ Conference Rooms

♦ Scanning and Archiving of Exhibits

♦ Internet Realtime

♦ Realtime Captioning for Hearing Impaired

Affiliations:

♦ NCRA National Court Reporters Association

♦ WCRA Washington Court Reporters Association

♦ STAR Society for the Technological Advancement of

Reporting

♦ MTIA Medical Transcription Industry Association

♦ AHDI Association for Healthcare Documentation

Integrity

♦ AHDI-Washington Association for Healthcare

Documentation Integrity of Washington

♦ AHDI-Oregon Association for Healthcare Documen-

tation Integrity of Oregon

TOO BUSY TO GET THATBIG CASE MOVING?

The daily rigors in a solo or small practice can make it difficult to stay ontop of a wrongful death or serious personal injury case. We have the experience

and financial backing to help you do what it takes to litigate claims properly.

The three senior partners in our firm each have over 30 years of experience. Ask about our reputation, or give us a call to discuss your client’s case.

SCHAUERMANN, THAYERJACOBS & STAPLES, P.S.

A T T O R N E Y S A T L A W

AV Martindale-Hubbell Rating1700 E. Fourth Plain Blvd. • Vancouver, WA

(360) 695-4244www.stjps.com

MEDICAL NEGLIGENCE

PERSONAL INJURY • WRONGFUL DEATH

Representative Jury Verdicts and Settlements:

Failure to diagnose brain tumor — $4.5 millionObstetrics malpractice — $3.5 millionObstetrics malpractice — $1.6 million

Trampoline accident — $1 millionElectrocution at work -- $900,000Motorcycle collision -- $500,000

Rear end MVC. Soft tissue injury -- $230,000

Available for referral or associationon serious injury, wrongful death and

medical negligence cases.

PAUL L. HENDERSON

360.699.1530

[email protected] Arney, Executive DirectorAshley Belisle, Program CoordinatorAdministrative: 360-823-0423 • E-mail: [email protected] for February include 77 clients seen in advice clinics, 20 inFamily Law, 14 in Family Law paperwork review clinic, 7 in the Bank-ruptcy clinic, 4 in the General Law clinic and 270 in Housing JusticeProject clinic. We placed 4 cases with an attorney for direct represen-tation. There were 82 hours of volunteer attorney time donated.The Access to Justice Board and the Washington State Bar Associa-tion hold an annual statewide conference –The Access toJustice/Bar Leaders Conference. A number of awards are given atthis conference. This year the Clark County Homeless Court willbe getting two awards. The first award is the community partner-ship award. This award is given to community organizations whoserve low-income persons and who partner with Alliance membersto address poverty issues. I am pleased to announce that we willhonor our Homeless Court partners; Friends of the Carpenter,Share, Open House Ministries and Salvation Army. These agencieshave worked with the Homeless Court since the beginning. Theyare the first contact for homeless persons who want to participatein Homeless Court. These agencies screen the clients and referthem to the CCVLP. These are also agencies where the homelesscourt client can perform their community service. These agenciesmonitor the community service and are present every month at thecourt to report on the progress of the homeless client.The second award is the Judicial Leadership Award. This award isbeing given to Hon. Darvin Zimmerman, District Court Judge,who was the first presiding judge of Homeless Court and wasinvolved in the early days of court when we were still figuring outwhat we were doing. Judge Zimmerman attended many HomelessCourt Committee meetings and provided valuable informationwhile we were setting out the policies and procedures of the court.I am truly happy to recognize these partners in Homeless Court.Thanks, Susan

MANY THANKS TO ALL THE ATTORNEYS AND PARA-LEGALS WHO STAFFED THE ADVICE CLINICS,

HOMELESS CLINICS, PROVIDED REPRESENTATION,AND VOLUNTEERED IN THE HOMELESS COURT IN

THE MONTH OF MARCH.Matt Blum, Shon Bogar, Bill Brendgard, Chuck Buckley, Tresa Cavanaugh,

Michael Chin, Ivan Culbertson, Ed Dawson, Sidney Dolquist, Peter Fels,Teresa Foster, Todd George, David Gregerson, Brian Haaland,

Lincoln Harvey, Stanley Horak, Dru Horenstein, Scott Horenstein, Peter James, Dean Langsdorf, Christie Martin, Scott Matthews,

Katie McGinley, Lisa Peterson, Rob Russell, Mark Sampath, Jill Sasser,Kathryn Smith, Randy Stewart, Diane Sweet, Ryan Taroski, Bill Thayer,

Todd Trierweiler, John Vomaka, Phil Wuest


NEWS YOU CAN USE

DIRECTORY CORRECTIONS OR CHANGES:Kelly Dunham’s e-mail: [email protected] George’s e-mail: [email protected] Bogar’s e-mail: [email protected] Meyer’s e-mail: [email protected] Mepham’s e-mail: [email protected]

Beckie Pettis is now with Morse, Bratt, Andrews and Foster,PLLC located at 108 E. Mill Plain Blvd. Vancouver, WA 98660;Telephone: (360) 213-2040; Fax: (360) 213-2030; E-mail: [email protected]

We still have Entertainment books available. Coupons are good until November 1. 2011.We have reduced the cost from $25 to $15.

INNS OF COURT

The George and Donald Simpson American Inn of Court isholding its last formal meeting of the year April 20, 2011 at LittleItaly's. Members will be invited to attend an end of year partythis spring (date and location to be announced). Inns will alsobe hosting an event this fall for all Clark County attorneys andjudges to meet current members and ask questions about theprogram. If you have any questions or are interested in Inns ofCourt, please contact membership co-chairs, Kristen Parcher [email protected] or Scott Horenstein [email protected].

ATTORNEY BOOKKEEPING TIPS

REDUCTION IN SOCIAL SECURITY PAYROLL TAX & SELF-EMPLOYMENT TAX FOR 2011The legislation signed into law on December 17, 2010, providesa 2 percentage point payroll tax cut for employees, reducing

workers’ Social Security tax withholding rate from 6.2 percent to4.2 percent of wages paid. This cut in Social Security tax foremployees is only effective for 2011 and it does not change theemployer contribution.

The self-employment tax rate for self-employment income earnedin calendar year 2011 has also been reduced 2% - from 15.3% to13.3% (10.4% for Social Security and 2.9% for Medicare).

This reduction will not affect future Social Security benefits.

LAW LIBRARY NEWS

COPY MACHINE CHANGESPlease be advised that the law library is considering a switch incopier vendors that will mean your copicards no longer wouldbe accepted.

While we are not yet certain if/when we will switch vendors, it isa serious possibility and we want to provide you with notice nowso you can plan accordingly. We will not be able to refund forunused copicards that have been purchased, so use them up assoon as possible.

In light of this situation, we have suspended the sale of copicards.

We apologize for any inconvenience this may cause. Please feelfree to talk with one of the librarians if you have questions.

MARIA SOSNOWSKILaw Librarian

EMANUELA SANDRIAttorney Bookkeeping Services, Inc.

DIANE WHEELERCCBA Executive Director

KRISTEN PARCHERCCRA Special Correspondent

LEGALLY DRAWN

Reproduced with permission. For more cartoons and information, go to http://www.legallydrawn.com.

To register: call Diane Wheeler at the CCBA, (360) 695-5975, OR email: [email protected],

OR


NAME _____________________________________________ PHONE #__________________________,

and EMAIL ( to download the materials) ____________________________________________________.

JEFF JACOBS is a shareholder in the law firm of Schauermann, Thayer, Jacobs & Staples, P.S., in Vancouver, Washington. He received his J.D. in 1975 from the UCLA School of Law, and practiced as a trial attorney in Southern California for twenty years before moving to Vancouver in 1995.

Jeff’s practice is limited to personal injury, emphasizing motor vehicle collisions, aviation accidents, product liability, premises liability and insurance bad faith matters. He has been

called upon to serve as an arbitrator and mediator in Clark County, and is on the MAR panel of arbitrators for the Clark County Superior Court. He has served on the Clark County Superior Court Bench-Bar Committee and is an EAGLE member of Washington State Aassociation for Justice.

Greg Overstreet is the co-founder of Allied Law Group, which focuses on enforcing the Public Records Act, media law, regulatory litigation, and government affairs. He practices in the firm’s Olympia office. Prior to forming Allied Law Group, Greg was the Attorney General’s open-government ombudsman. At the Attorney General’s Office, Greg wrote the Attorney General’s model rules on public records and drafted several Public Records Act bills which were enacted into law by the legislature. Prior to that, Greg was an attorney in the Seattle-based law firm of Perkins Coie. He is the Editor-in-Chief of the Washington State Bar

Association’s Deskbook on the Public Records Act. While attending Seattle University School of Law, Greg also served as an editor for the Harvard Journal of Law and Public Policy. In 2010, Allied Law Group was named a U.S. News and World Report “Best Law Firm” for the Seattle area in Media/First Amendment, Administrative and Regulatory Litigation, and Government Affairs Practice.

Judge Robert Lewis is a graduate of Western Washington State College and the University of Washington Law School. After admission to the Washington State Bar in October, 1981, he worked for Eastside Defender Association in Seattle as a trial attorney. Judge Lewis practiced law in Camas from 1984-2004 with the firm of Knapp, O’Dell, Lewis and MacPherson. Although the firm had a typical small town general practice, his primary focus was criminal defense and family law. He was appointed to the superior court bench in November, 2004.

The Clark County Bar Association Presents a CLE:

~ DISCOVERY ~ by Attorneys Jeff Jacobs and Greg Overstreet and Judge Robert Lewis

Friday, June 10, 2011, 10:00 am – 1:00 pm (Sign In at 9:45) Public Service Center, 1300 Franklin St, 6th Floor Training Room

�� Beverages and Cookies Provided! �3.0 CLE Credits. CCBA members: $105, non-members: $120, non-attorneys: $52.50.

There is an Early-bird discount of $15 for registering on or before Thursday, June 2.


UPCOMING EVENTS

May 4, 2011CCBA Hearsay meeting; CCBA office,500 West 8th Street, Suite 65 at 11:30 am

May 4, 2011CCBA Board meeting; CCBA office, 500West 8th Street, Suite 65 at 12:00 pm.

May 10, 2011Superior Court Bench/Bar meeting;Judge Nichols Jury Deliberation Room –noon

May 12, 2011Family Law Section meeting; Tommy O’s801 Washington 11:30 am

May 12, 2011Young Lawyers Section – Happy Hour –Top Shelf at 6th and Main from 5:00 pmto 6:30 pm

May 17, 2011CLE committee meeting Clark CountyBar Association 500 West 8th St., Ste 65.Meeting will begin at 12:15

May 19, 2011CCBA Web Site committee meeting; Nellor|Retsinas|Crawford at 1201 Main

May 31, 2011Young Lawyers Section CLE – El Presidente’s at Evergreen and C Street.Special guest speaker: Judge Scott Collier. Topic ER 904

June 8, 2011District Court Bench Bar meeting - Judge Zimmerman's court room

July 15, 2011CCBA Barbeque – Public Service CenterPlaza 1300 Franklin – Our Chef : JudgeRich Melnick

September 23, 2011CCBA Golf Tournament – Cedars atSalmon Creek – Watch for details

The CCBA’s Lawyer Referral Service is a program designedto help the general public find attorneys appropriate for their needs, while at the same time providing a source of new client business exclusively to our members.

To participate, members pay a small one-time annual fee.(The service is free to the public.) For more information, call Elena Quintana at 360-695-5975.

THE SWLRS REFERRED 406 CLIENTS IN THE MONTH OF MARCH

Administrative Law ...................................................... 22Bankruptcy ....................................................................8Business & Corporate .................................................. 4Consumer ....................................................................26Criminal ........................................................................28Debtor/Creditor ............................................................21Family ..........................................................................62General Litigation ......................................................106Intellectual Property ...................................................... 2Labor and Employment ................................................36Real Property................................................................62Taxation ........................................................................ 5Wills & Trusts ..............................................................18Worker’s Compensation..................................................5International Law .......................................................... 1

SW WASHINGTON LAWYER REFERRAL SERVICE

ELENA QUINTANACCBA Member Services

MEETING

MEETING

MEETINGMEETING

MEETING

MEETING

MEETING

MEETING

MEETINGCLE

SOCIAL

SOCIAL

For the last two Hearsay issues you have heard me sound thealarm about the poor state of the Bar’s finances. Things have notgotten better. It is still bad. But rather than sound like a brokenrecord, I thought it might be a nice change to bring some cheerto our readers. Nothing cheers me up like Paris in Spring time.

This Spring Break, I took myfamily (wife and three daugh-ters aged 5, 8 and 10), toParis. We rented an apart-ment and explored the City ofLights. While basking in allthe amazing sites, we mostenjoyed the many unique gar-

dens and the omnipresent café life. Everywhere you go in thecity there are the most amazing gardens, big and small. The hugeJardin de Luxembourg with its fountains, trees, and joggers, hasa great kids play park with zip lines and other fun equipment thatwould never be allowed in the US. The extensive Tuileries Gar-den just outside the Louvre had an in ground trampolinepark--dozens of trampolines built into the ground that my kidswent absolutely mad on. The secret Swiss Valley garden is justoff a main street near the Grand Palais. You walk down a tinyflight of stairs and abruptly enter a secluded Swiss valley gorgewith waterfall, streams, and wooden bridges. The idyllic AlpineGarden in the huge Jardin des Plantes, is only reachable by a sin-gle entrance -- a tunnel underneath another path in the garden.

When we got tired of walking(Paris is a city meant for walk-ing), we just plopped down atany of hundreds of handystreet cafés. Wine, espresso,hot chocolate, watching theworld amble past. The café lifehas much to recommend it.

Lawyers have their own amazing site. In an interior courtyard,entirely encicled by the Palace of Justice (Paris City Courts,where all crimes and civil cases are heard), is the glorious SainteChapelle church. This church has an amazing and breathtakingchapel on the second story. Floor to ceiling (high ceilings)stained glass windows that wrap all the way around. On a sunnyday, you literally walk within a rainbow.

This is not to say all was perfect. Parisien’s love dogs. There aredogs everywhere. Big dogs. Small dogs. These dogs love topoop…on sidewalks…where people walk. Go dog go.

Thinking of the perfection of Paris, notwithstanding the sidewalkhopping required of an earnest walker, brings me back to our Barand its financial, and other, problems. Our Bar does many won-derful things for bar members. But running a Bar, like walkingthrough Paris, does require some poop dodging.

KURT RYLANDERCCBA President

PRESIDENT’S MESSAGE

I Love Paris In The Springtime

YOUR NW RE ALTOR FOR LIFE



www.HouseByCrouse.com

360-574-1600 • 7700 NE 26TH Avenue • Vancouver, WA 98685

OFFICE SPACE FOR RENT$750 per month includes

14x14 office and separate legal assistant workstation with free parking.

THIS MONTH’S ISSUE

President’s Message....................................................................3

CCBA CLE: Discovery........................................................................4

Tech v. Law: The War Against The Machine ....................................7

Veterans Therapeutic Court ........................................................8

Nuts & Bolts Lecture ..................................................................9

Superior Court Bench/Bar Meeting Minutes ....................................11

Young Lawyers’ Section....................................................................13

Upcoming CLE Schedule ..........................................................13

What Not to Wear..............................................................................14

Family Law Section Meeting ......................................................16

Double Hearsay ........................................................................17

Jane Habegger for WSBA Board of Governors ..........................20

Nuts & Bolts CLE Schedule ............................................................21

Getting to Know: Karen Campbell ..................................................17

Clark County Volunteer Lawyers’ Program ................................24

News You Can Use ....................................................................25

Inns of Court ............................................................................25

Attorney Bookkeeping Tips ........................................................25

Law Library News......................................................................25

Legally Drawn............................................................................25

Upcoming Events ......................................................................26SW Washington Lawyer Referral Service ..................................26

IMMEDIATE PAST PRESIDENTDavid Ridenour(360) [email protected]

TRUSTEEJane Clark(360) [email protected]

TRUSTEEDavid Gregerson(360) [email protected]

TRUSTEEJ.D. Nellor(360) [email protected]

VLP REPRESENTATIVEDavid Gregerson(360) [email protected]

EXECUTIVE DIRECTORDiane J. Wheeler(360) [email protected]

MEMBER SERVICESElena Quintana (360) [email protected]

BOOKKEEPERJolene Renteria(360) 695-5975

PRESIDENTKurt Rylander(360) [email protected]

VICE-PRESIDENTJohn Fairgrieve(360) [email protected]

TREASURERSuzan Clark(360) [email protected]

SECRETARYAndrew Wheeler(360) [email protected]

2011/2012 CCBA OFFICERS & TRUSTEES

RICHARD G. SPIERMEDIATOR

Highly experienced–full-time neutral since 1992�

Business & commercial; personal injury; employment; real estate & construction

�

Listed for Mediation inThe Best Lawyers in America ®

�

Member, Oregon and Washington Bars

503-284-2511 Fax 503-284-2519

[email protected] www.spier-mediate.com 2536 N.E. 28th Avenue � Portland, Oregon 97212-4916

HEARSAY is published 12 times per year and is design edited by: JEFF GOUGH, Creative Director • GOUGH CREATIVE GROUP

360-818-4GCG • [email protected]

An annual subscription is included with annual membership dues. Members may purchase additionalsubscriptions for $50.00 each. Letters, news items, upcoming events and announcements are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor’s discretion and spaceavailable. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. The publication does not purport to offer legal advice.

CCBA OFFICE HOURS: Monday through Friday, 8:00 a.m. to 4:00 p.m.

CLARK COUNTY BAR ASSOCIATION500 W. 8th Street, Suite 65Vancouver, WA 98660

ccbawashington.orgMAY 2011

O F F I C I A L N E W S L E T T E R O F T H E C L A R K CO U N T Y B A R A S S O C I AT I O N

PRSRT STD

U.S. POSTAGE

PAID

VANCOUVER, WA

PERMIT NO. 620

page 14

Advertise in HEARSAY

Reserve your ad space today! Call Diane @ 695-5975

Does your business cater to the legal industry?Get targeted exposure to CCBA members and associates!

WHATNOT TOWEARWashington Women Lawyersgather to discuss professionalattorney attire

Documents

NOT TO WEAR - CCBA