June 2003
Around the State
Cowlitz County Report
by Our Local Correspondent
Welcome to the newest honorary member of the Cowlitz-Wahkiakum County Bar Association: Amaya Cassie Busby Frey, born April 10 at 8 lbs. 3 oz. to Tierra Busby and Mick Frey (son of Don Frey).
In addition, Cowlitz County Prosecuting Attorney Sue Baur would like to welcome intern Dustin Richardson. Dustin is a recent graduate of the University of Oregon. The PA also welcomes her newest deputy, Mike Nguyen, formerly of Liebowitz & Associates in Portland. DPA Megan Ellavsky is working closely with the U.S. Attorney's Office in a coordinated effort to prosecute firearms crimes in Cowlitz County. Finally, congratulations to Chief Criminal DPA Toby Krauel for his successful prosecution of a three-strikes case this March.
The defense bar reports that Lisa Tabbut has joined Kevin Blondin and Thad Scudder to form the adult felony indigent defense group Cascade Defense, formerly Bennett Scudder & Blondin. Matthew Butler has moved to the 1401 Broadway Building and, along with Graham Cross, has the juvenile defense contract. Bob Huffhines has been representing indigent defendants in Kelso for 20 years now . . . there must be song lyrics in there somewhere. Congratulations and thank you to Sam Wardle for a successful "Lawyer in Every Classroom" day.
Apparently, there is absolutely nothing going on with the civil attorneys in town.
(Information for the August issue must be received by June 14 at CWBAnews@ hotmail.com.)
International Report
Former Seattle attorney Daniel A. Nye returned to Saudi Arabia recently to take a new position as of counsel to Kadasah Law Firm/Bryan Cave LLP, the Riyadh affiliate of the international law firm Bryan Cave LLP. Bryan Cave, who has one of the largest practices in the Middle East, has represented the government of Kuwait before the United Nations in preparing and prosecuting Kuwait's claims against Iraq for damages that occurred in the 1991 Gulf War. Bryan Cave also represents Saudi Arabia in its claims for environmental damages against Iraq. Nye, who has practiced in the Middle East for five years, will commute between Riyadh, Kuwait City, Abu Dhabi and Dubai in his capacity as resident senior international commercial-transactions lawyer with Bryan Cave's Middle East practice group. Nye can be reached at danye@bryancave.com, and welcomes inquiries and greetings from friends in the Pacific Northwest.
(News about international members may be sent to the editor at tradelaw@ thompson-law.com.)
Judiciary Report
by Lindsay Thompson
Seattle attorney Mary Alice Theiler has been appointed magistrate judge for the U.S. District Court, Western District of Washington. She succeeds Judge John L. Weinberg, who held the position for 30 years. Judge Theiler is a past member of the WSBA Board of Governors and past president of the King County Bar Association, and was a member of the firm Theiler Douglas Drachler & McKee LLP until her appointment.
Governor Gary Locke appointed Seattle attorney Mary Roberts to King County Superior Court to replace retiring judge Dale Ramerman. "Mary has more than 17 years of experience in the legal system and has an extensive and diverse legal background in both civil and criminal law," Locke said. "It is with great pleasure that I appoint her to the King County Superior Court." Roberts began her career working at the Public Defender Association before joining the civil division of the King County Prosecutor's Office. She moved to private practice in 1992 and is a partner at Frank Freed Roberts Subit & Thomas LLP, a six-attorney firm emphasizing employment law litigation. Roberts attended the University of Puget Sound for her undergraduate degree and the University of Washington Law School for her legal education. She was admitted to the Washington Bar in 1985. Judge Ramerman has served on the bench since 1989. "We thank Judge Ramerman for his service to the King County Superior Court," Locke said. "I hope he will enjoy spending time with his seven grandchildren and working in his family garden." Judge Roberts is Governor Locke's 45th appointment to the state's superior court benches since 1996.
(Judicial news may be sent to the editor at tradelaw@thompson-law.com.)
King County Report
by Jim Varnell
Introduction
As our esteemed editor, Lindsay Thompson, pointed out in the April Bar News, the County Reports were discontinued in 1995. In the case of the King County Report previously submitted by this correspondent, some would suggest, "with good reason." Nevertheless, the County Reports are back, and the topic this month reflects the top 10 reasons that many attorneys, including those who are newly admitted and those who are inexperienced, might find this column informative.
10. You will learn here that if you serve on a King County Bar Association committee, be wary of well-meaning people like Gary Strauss, Andy Symons and/or Alice Paine, who may/will ask you to serve on yet another committee.
9. If you are plaintiffs' counsel and have an arbitration case before John Cooper, you might suggest to him that you would accept an award that is about as high as his golf score.
8. Simply because 15 years ago a well-respected judge like Stanley Soderland might accept a defense to a summary judgment argument such as "with a file that large on counsel's table, there has to be a genuine issue of material fact in there somewhere" does not necessarily mean that it will be persuasive in 2003.
7. You should not be dismayed if you are not named one of the 25 smartest people in Washington by a local magazine dealing with law and politics. Take heart in knowing that attorneys like Jim "Pretty Boy" Hermsen and David Koopmans were not among those 25 either.
6. Although not necessarily pertinent to our readers, this column does provide an opportunity for a correspondent to demonstrate to his former law school professors, including (without limitation) Professors Hjorth, Junker and Coughenour, that one's writing can improve somewhat since receiving those barely passing grades 30 years ago.
5. If you like to read about attorneys who combine triple-digit golf scores with single-digit jury verdicts, as is the case with Tom McElmeel, Mike Welch, Susan Gasch and Jane Rhodes, then this is the column for you.
4. At a Bar Association gathering that includes Justices Faith Ireland and Richard Sanders, you might be well advised to refrain from disparaging Highline High School, which, as unlikely as it may seem, they are both graduates of.
3. When one of the more knowledgeable members of your law firm mentions that Justice Sandra Day O'Connor is a "swinger," the reference is to her Supreme Court opinions, where, as Marc Slonim might advise you, she is often the deciding vote. See Minnesota v. Mille Lacs, 119 S. Ct. 1187 (1999).
2. In spite of the high demand for salacious reporting, this correspondent will not follow the lead of some, such as Jean Godden of The Seattle Times, and report on the cumulative and ever-increasing number of marriages of a prominent Seattle criminal defense attorney. However, when his total number of betrothals exceeds that of Larry King and/or Elizabeth Taylor, which could occur soon, note will be made of it here.
1. From time to time you will receive the inside scoop on sports news involving lawyers, including the exploits of Pro Se, a Seattle softball team, headed by Magistrate Judge John Weinberg and Clem Barnes, now in its 30th consecutive year of competition; the above-the-rim basketball play of Joe McIntosh, Jan Peterson and Eric Nelson, among others; the negotiating secrets of Bart Waldman, representing the Seattle Mariners; and the ongoing travails of Mike Hunsinger and his no-lack-of-business criminal defense work with UW football players.
Office Moves
Carl T. Edwards has rejoined Edwards, Sieh, Smith & Goodfriend as of counsel. Amanda H. DuBois has opened her office in the Bank of America 5th Avenue Plaza, as has Molly Kenny. Joseph A. Sakay has become a principal in Hillis Clark Martin & Peterson. Dennis J. McGlothin has become a member of Barokas Martin & Tomlinson. Jeff James is pleased to learn that the new firm name is now Sebris Busto James. Mills Meyers Swartling has announced that Caryn Geraghty Jorgensen and Gretchen Graham Salazar have become principals in the firm and that Kasey D. Huebner has joined the firm as an associate.
Moving outside the jurisdiction of King County, former basketball teammate Dan Hannula and Rush, Hannula, Harkins & Kyler have relocated to new offices in Tacoma. Dana M. Reid has become a member of Montgomery Purdue Blankinship & Austin. Mark de Regt has joined Simburg, Ketter, Sheppard & Purdy as of counsel.
(Readers are invited to send King County Report items to jlvarnell@aol.com.)
Kitsap County Report
Betsy Hollingsworth of Port Orchard has been named a member of the board of the Girl Scouts Totem Council. Hollingsworth has been a faculty member at Seattle University School of Law since 1986.
Oregon Report
Mark John Holady, who practices in Washington and Oregon, announces the move of his civil practice from south Beaverton, Oregon, to downtown Beaverton. As of June 1, 2003, Holady is sharing space with fellow attorneys Kelly Ford and Herbert Gray. Holady warns fellow practitioners that the portability fee charged on their telephone bills does not mean their current telephone number will be portable anytime in the near future. Therefore, all of Holady's numbers have changed. The new contact information is 4800 SW Griffith Drive, Suite 320, Beaverton, OR 97005; telephone 503-646-5454; fax 503-641-8757.
Pierce County Report
Casey R. Ingels, Lanny D. Ray and Josh Weiss have recently joined the home office of Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim in Tacoma. Ingels's primary area of practice is in business transactions, corporate law, entity creation, mergers and acquisitions, and commercial transactions. Ray's focus is in state and federal civil litigation, with a focus on civil rights, wrongful death, governmental liability, discrimination, and federal and state appellate practices. Weiss's practice is in natural resources and environmental law.
Right firm, wrong office: The January Bar News accurately reported that S. Shawn Tacey has been made a Gordon Thomas partner, but misplaced him in the firm's Seattle office. Tacey practices in the firm's Bothell office. We regret the error.
Snohomish County Report
David J. Sprinkle has taken the position of vice president, corporate counsel with Barclays North Inc., a land-development and construction firm based in Snohomish County. Mr. Sprinkle was a principal at Lasher Holzapfel Sperry & Ebberson, PLLC before his current position. He reports that he misses his friends and colleagues at Lasher, but the siren call of being in-house counsel for a growing real estate company was simply too powerful.
Spokane County Report
Christian Cox has joined Dunn & Black, PS to do construction law and commercial litigation. He's a graduate of the University of Louisville and Gonzaga University School of Law.
Gina Costello has left Maryann Moreno & Associates to share office space with Jeffrey Finer in Spokane.
Thurston County Report
Shawn M. Bunce, a CPA and 2002 graduate of Seattle University School of Law, has joined Jay A. Goldstein Law Office in Olympia, focusing on estate planning, bankruptcy, tax and business law.
Attorney General Christine Gregoire has named Sharon L. Nelson chief of the Consumer Protection Division. Nelson was director of the Shidler Center for Law, Commerce and Technology at the University of Washington School of Law.
Whatcom County Report
by Mick Moynihan
Our esteemed and most honorable Whatcom County Bar president, Chase Van Gorder, came up with the bright idea to gather as many members of the bar as possible to reminisce about times past. So about 110 members who were able to scrape up the $39 dinner cost attended the gala on May 1.
The first to muse about times past (1950s) was John Slater, who bemoaned the demise of the minimum-fee schedule. John even went so far as to quote from the Supreme Court decision. His son Tim Slater chimed in and said that until the day he retired, John still used the minimum-fee schedule. When it was Frank Atwood's turn, he told stories about judges and courts of 40 years ago.
For the era of the '60s, Jack Ludwigson talked about the significant changes in the numbers and members between then and now. Jack is always humorous and entertaining.
Craig Hayes, who arrived in Whatcom County in the early '70s and Andy Peach, from the latter part of the decade, talked about some of their more memorable cases and clients.
Hugh Lewis and Jon Komorowski shared memories of their arrivals in the '80s. Komo did the best impression of Judge Byron Swedberg (ret.) since Byron retired, and it was Byron who was laughing the hardest.
Breean Beggs and Simon Brownlie wrapped up the last 10 years with amusing anecdotes about their contacts with other lawyers and judges.
John Erickson closed out one of the most fun-filled and entertaining evenings we have had in years by thanking Nancy Berg and Karlene Wieland, who had arranged and done all the great work to put on the extravaganza. Same time next year?
In Memoriam
Remembering our colleagues and friends
Eugene T. Golden
Whitman County attorney
Eugene Golden was born in Walla Walla and lived there until his final illness. After graduating from Whitman College, he ventured north to Spokane for law school, graduating from Gonzaga University in 1955. He practiced in Spokane for a year, and then returned to Walla Walla. From 1956 to 1962 he was deputy prosecuting attorney. Returning to private practice, he was a member of Gose Williams Luce & Golden for three years, then joined law partner Jack Williams to form Williams & Golden, where he practiced the rest of his life.
Active in community affairs, Golden was a member of Ascension Church and a former president of the Walla Walla County Bar Association. He served on the WSBA Continuing Legal Education Committee in the mid-1970s and the Disciplinary Committee in the 1980s. In addition to his practice in state and federal courts, Golden served as a judge pro tem.
Survivors include his wife, a sister, three brothers, eight stepchildren, five grandchildren, 14 step-grandchildren and two great-grandchildren.
Eugene Thomas Golden was born in Walla Walla August 26, 1928, and died in Portland, Oregon, March 5, 2003, aged 74.
Richard T. Howsley
Quiet doer influenced Clark County growth management for a quarter century
Dick Howsley had a passion for land-use planning and managing growth to preserve communities' senses of place. His friend attorney Steve Horenstein said Howsley was more interested in getting things done than in getting credit for them; a business colleague told The Columbian, "Howsley's fingerprints are pretty easy to find" all over Clark County. Howsley enjoyed a reputation as southwest Washington's leading land-use, real estate, environmental and natural resources attorney.
Howsley received his bachelor of arts degree from Willamette University, his master's in urban affairs degree from Virginia Polytechnic Institute and State University, and his law degree from Lewis & Clark Northwestern School of Law in Portland. He was admitted to practice in Oregon and Washington, and before the U.S. District Court of Western Washington.
He served as executive director of Oregon's Rogue Valley Council of Governments from 1974 to 1978, serving Jackson and Josephine counties, where he prepared land-use plans under state-mandated planning laws, and administered water quality, transportation, law enforcement, aging, employment and housing programs. From 1978 to 1984, Howsley served as director of Clark County's regional government, where he administered a broad range of local, state and federal planning programs for the county, cities, school, ports and special-purpose districts, and also helped write many of the county's land-use policies while obtaining his law degree from Lewis & Clark. After graduation he joined, and became a partner and president of, Landerholm, Memovich, Lansverk & Whitesides in Vancouver. From 1992 to 2002 he had his own Vancouver firm. Howsley was a charter member of the American Planning Association and a member of the American Institute of Certified Planners, and received a 10-year recognition award from the International City Management Association. He was involved in planning for communities in eight states.
Howsley died of a stroke in his sleep. Survivors include two brothers and two children.
Richard T. Howsley was born January 31, 1948, in Medford, Oregon, and died in Vancouver, Washington, March 27, 2003, aged 55.
Brian D. Hutton
Illinois lawyer was avid outdoorsman
Brian Hutton graduated from Waukegan High School in 1975, the University of Wisconsin in 1979, and, cum laude, from Gonzaga University School of Law. He was an attorney, amateur astronomer and avid outdoorsman. A friend said of Hutton, "He loved his family and the North Woods and was known for his kindness, intelligence and wonderful sense of humor."
His parents, four siblings and one daughter survive him.
Brian David Hutton was born in Waukegan, Illinois, June 23, 1957, and died in Waukegan January 17, 2003, aged 45.
Hon. Robert A. Wacker
King County jurist served 30 years
Robert Wacker enjoyed an unusually long judicial career. After serving as a pro tem judge, he was appointed to the King County District Court in 1972, and elected in 1974. He was presiding judge of the district court in 1976-77. He was last re-elected to his bench in Shoreline District Court in 2002.
Before ascending the bench, Wacker served as a King County deputy prosecutor under Charles O. Carroll, and was in private practice working with the late Barbara Durham, who also became a district court judge in the 1970s and retired as chief justice of Washington. Judge Wacker served and chaired many committees in the district court throughout his tenure on the bench.
Having served with Wacker as a district court judge, Presiding Judge J. Wesley Saint Clair expressed condolences to Judge Wacker's family on behalf of the court. "I admired him immensely and believe he was an exemplary model of a district court judge; he will be sorely missed," recalled Saint Clair. Judge Wacker was noted for his dry sense of humor and his willingness to take the time, even in crowded dockets, to explain the law and the basis for his decisions to those appearing before him.
Judge Wacker completed his undergraduate work at Columbia University and the University of Washington in 1959. He graduated from the University of Washington School of Law in 1964.
Judge Wacker is survived by his wife, LaNita, four children and three grandchildren, and a sister and brother.
Robert Arthur Wacker was born in Boston in 1934 and died in Seattle April 1, 2003, aged 69.
Obituaries and remembrances of WSBA members are welcomed. Please forward to the editor at the WSBA office or by e-mail to tradelaw@thompson-law.com.
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