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April 2004FYI: For You Information2004 Board of Governors Election, and Candidates' Biographical Statements 2nd District Eron M. Berg, governor-elect/2nd District, states: I am running for this position to advocate for our profession and to fight for improvements to Washington's legal system. We have faced more and more challenges, some including issues with public debates in which the very honor of our profession is at stake. My experience in public office, including as a mayor, will allow me to better face these challenges. I will focus on the needs of the attorneys I represent, as well as our shared goal of a stronger, better funded, professional system of justice. I would be honored to represent you, and I ask for your vote. 4th District Terry P. Abeyta, candidate/4th District, states: I was born and reared in Yakima. I graduated summa cum laude and Phi Beta Kappa from Whitman College in 1973. I graduated in the top 15 percent of my class from the University of Washington School of Law in 1976. I practiced law for two years in Kirkland prior to returning to Yakima in 1978. I had a general practice before limiting my practice to personal injury. I am a past president of the Yakima County Bar Association and have held several officer positions for the Washington State Trial Lawyers Association. I have contributed to several WSBA and WSTLA deskbooks. Elizabeth F. Baker, candidate/4th District, states: I was raised on a farm in Winlock, Washington. I am 36 years old and the mother of three children. I attended Pacific Lutheran University and then Gonzaga University, graduating in 1987 with a Bachelor of Arts. I graduated from the (then known) University of Puget Sound School of Law in 1993. I have worked for the courts, large firms, and sole practitioners on both sides of the mountains in Washington. I have learned invaluable lessons from the bar and my clients, and hope to bring those experiences to this position for the benefit of this congressional district. Stanley A. Bastian, candidate/4th District, states: My 20-year legal career includes a variety of different jobs, and this will provide a unique perspective for service on the Board. I have practiced law in both western and eastern Washington, and my career has included both government service and private practice. I have worked as a law clerk for the state court of appeals, a public defender for the City of Renton, and a prosecutor for the City of Seattle. Most of my career has been as a partner at Jeffers, Danielson, Sonn & Aylward, and my practice is now focused on civil litigation. George Fearing, candidate/4th District, states: I am a 1982 graduate of the University of Washington School of Law. The focus of my practice is civil litigation. I have handled, for institutions, municipalities, and individuals, a variety of civil cases, including civil rights, employment, real estate, personal injury, medical malpractice, and business suits. I previously served on the WSBA Disciplinary Board. From sitting on this board, I have mixed emotions about how the bar association treats eastern Washington. I wish to advocate, as a governor, the interests of eastern and central Washington. Advocating those interests includes presenting the needs and desires of small and midsize firms. Gerald (Jerry) J. Moberg, candidate/4th District, states: I attended and received my J.D. from Gonzaga in 1973. From 1973 through 1988 I practiced with a small firm and a midsize firm, handling litigation which included civil and criminal cases. My caseload included the representation of both plaintiffs and defendants. From 1989 through 1992, I served as a Grant County Superior Court judge. In 1992, I joined the trial department of a large firm in Spokane, and in 1997 I started my own practice. Since 2000, I have primarily represented cities, counties and school districts in litigation claims. I understand the issues affecting sole practitioners, midsize to large firms, plaintiff attorneys, defense attorneys, and municipal lawyers. 7thCentral District Lonnie Davis, candidate/7th-Central District, states: I work for the Disabilities Law Project providing representation on civil rights issues. I am a technical advisor to the Washington Supreme Court's Minority and Justice Commission, and an associate member of the Governor's Committee on Disability Issues and Employment. I served on the WSBA Civil Rights, Access to Justice Technology Bill of Rights, Conference Planning, and Impediments Committees. Previous community activities include membership on the Board of Directors of the Seattle Community Services Center for the Deaf and Hard of Hearing, United Cerebral Palsy of King County, VSAW (an organization of artists with disabilities), and consultant to the Washington Coalition of Sexual Assault Programs. Thomas W. Hayton, candidate/Seventh-Central District, states: I have practiced for 30 years in public and private civil litigation, and currently am a shareholder in Cutler Nylander & Hayton, a small firm which concentrates on trade practice and intellectual property. I have met some success in these enterprises, and have concluded that civility and humor are necessary ingredients. My involvement in formal WSBA business is three (eye-opening) years on the Disciplinary Board. I believe that the things I have found useful in the practice of law should also be helpful in Board business. I confess to impatience with meetings, but hope that someone interested in their efficiency would help. Ninth District James E. Baker, governor-elect/9th District, states: I have been active in the WSBA since early 1980, when I served on the Board of Trustees of the Young Lawyers Division. I have served on numerous boards and committees of the WSBA. I am a 1979 graduate of Gonzaga Law School. Since 1986, I have represented injured persons at my current law firm (Miracle, Pruzan, Pruzan & Baker). I have lived in Burien for more than 10 years. My other bar memberships include the King County Bar Association, the South King County Bar Association, and the Federal Bar Association (W.D. Wash.). 2004 WSBA Award Nominations Sought Nominations are sought for the following awards: Award of Merit. First given in 1957, this is the WSBA's highest honor. The Award of Merit is most often given for long-term service to the Bar and/or the public, although it has also been presented in recognition of a single, extraordinary contribution or project. It is awarded to individuals only both lawyers and nonlawyers. Professionalism Award. This honor is awarded to a member of the WSBA who exemplifies the spirit of professionalism in the practice of law. "Professionalism" is defined as the pursuit of a learned profession in the spirit of service to the public and in the sharing of values with other members of the profession. Angelo Petruss Award for Lawyers in Public Service. Named in honor of the late Angelo R. Petruss, a senior assistant attorney general who passed away during his term of service on the WSBA Board of Governors, this award is given to a lawyer in government service who has made a significant contribution to the legal profession, the justice system, and the public. Outstanding Judge Award. This award is presented for outstanding service to the bench and for special contribution to the legal profession at any level of the court. Pro Bono Award. This award is presented to a lawyer, nonlawyer, law firm, or local bar association for outstanding efforts in providing pro bono services. This award is based on cumulative efforts, as opposed to a lawyer's or group's pro bono hours or financial contribution. Courageous Award. This award is presented to a lawyer who has displayed exceptional courage in the face of adversity, thus bringing credit to the legal profession. Excellence in Diversity Award. This award is made to a lawyer, law firm, or law-related group that has made a significant contribution to diversity in employing ethnic minorities, women, and disabled persons. Outstanding Elected Official Award. This award is presented to an elected official for outstanding service, with special contributions to the legal profession. It is awarded to an individual who has demonstrated a commitment to justice beyond the usual call of duty. Excellence in Legal Journalism Award. This award recognizes that describing the context, facts, and players involved in the legal system with fairness and sensitivity requires intelligence, knowledge, dedication, and skill. This award is given to the journalist and his or her organization that has set the standard for relevance, clarity, accuracy, and understanding in reporting. Award presentations: It is important to note that presentation of any WSBA award is made only when there is a truly deserving recipient. Some years, no award is given in some categories. Nomination submissions: If you know of someone who fits the criteria set forth above, please visit www.wsba.org/barleadershomepage.htm, and complete and submit the nomination form. Self-nominations will not be accepted. Please note that the completed nomination form must accompany each nomination to be considered. The deadline for Pro Bono Award nominations is April 16, 2004. The deadline for all other nominations is April 30, 2004. Please send nominations to WSBA, Attn: Annual Awards, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330; fax: 206-727-8319; e-mail: oed@wsba.org The awards will be presented at the WSBA Annual Awards Dinner in Seattle September 16, 2004, with the following exceptions: The Pro Bono Award will be presented at the Access to Justice Conference in Yakima on June 12, and the Outstanding Judge Award will be presented at the Washington Judicial Conference in September. Notice of Deadline for Filing WSBA Resolutions The Board of Governors will refer any resolutions addressing issues within the purposes of the WSBA to the WSBA Resolutions Committee. Those purposes are set forth in Article I of the WSBA Bylaws and General Rule 12 of the Washington Court Rules. Not more than 11 nor fewer than seven days before the annual meeting, the Resolutions Committee will hold a public hearing at the WSBA office (2101 Fourth Ave., Ste. 400, Seattle) to consider the views of proponents and opponents of resolutions. Proponents and opponents may attend the hearing in person or present their views in written form for consideration by the committee. Proposed resolutions will be published in the August 2004 issue of Bar News, along with the date of the Resolutions Committee meeting and a list of committee members. For further information, contact WSBA General Counsel Robert D. Welden at bobw@wsba.org or 206-727-8232. Interest in Establishment of New State and Local Tax Section Representative Jim McDermott to Receive 2004 Ralph J. Bunche Award Rhonda Brown Receives WSBA's Local Hero Award MCLE Moot Court Amendment Sent to Washington State Supreme Court Law Week 2004 MCLE Certification for Group 3 (2001-2003) Automatic Extensions to Complete Credits Given Until May 1 At least 45 total credits of WSBA-approved CLE activities, which must include: If you were unable to complete the credit requirements by December 31, you have an automatic extension until May 1, 2004. You do not need to apply for this extension. If you did not meet the MCLE credit requirement by December 31 and/or if you did not return your C2 affidavit by March 1 (the end of the grace period allowed after the February 1 due date), you will be assessed a late fee. The assessed fee will be $150 for the first reporting period in which you have not met the MCLE credit/C2 reporting requirements on time. The late fee increases by $300 for each consecutive reporting period in which MCLE requirements are not met. To make reporting easy, all courses listed in your online roster at http://pro.wsba.org as of November 1 were pre-printed on the back of your C2 affidavit. You must list any additional WSBA-approved courses you have taken. (Course pre-approval for WSBA continuing legal education certification is an APR 11 regulation.) Include the WSBA activity ID number for each course you list. In addition, be sure that you write the date(s) on the C2 affidavit that you listened to or viewed audio/visual courses, as well as the original recording date(s). To look up an activity ID number for a course or to apply for course approval, you can use the MCLE system at http://pro.wsba.org. After logging into the MCLE system site, click on the "Member" tab and then select "Member Login." The online instructions will lead you through the process of creating a confidential password and beginning to use the system. Additional online help is also available. If you have questions about the MCLE system or MCLE requirements, or if you need a C2 affidavit, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. 2004 License Fees If you are mailing your forms and payment. The return envelopes for your forms and payments have instructions on the reverse side for improvement in processing and ease of use. Please review them carefully before mailing your forms and payment. The white envelope should be used for returning your licensing form (A2) with a check payment. The blue envelope should be used for your licensing form when making a payment by credit card. Also use the blue envelope for mailing the Trust Account Declaration, MCLE Certification, and any voluntary forms. If you are paying your fees online. To pay your fees online, go to http://pro.wsba.org, click on the "Member" tab, and sign in with your WSBA Bar number and password. Prompts will lead you through the process to pay your 2004 license fees by MasterCard or Visa. Note that you do not need to return the A2 form if you pay online, but active members must complete and return a Trust Account Declaration and, if applicable, an MCLE Certification. Other forms included in the licensing packet are voluntary and need to be returned only if you need to update contact information, report pro bono hours, or request a link between the WSBA attorney directory and your website. If you wish to take the Keller deduction, you will need to return by mail your A2 form with a check or credit card information completed; the online system is not yet able to handle the Keller deduction. Trust Account Declaration. The Trust Account Declaration included in your licensing packet must be completed by all active members regardless of whether you have a trust account. Failure to file this form can result in disciplinary action. Payment deadline. Please note that if your payment is postmarked or delivered in person to the WSBA offices later than April 1, 2004, a 50 percent penalty will be assessed. Presuspension Notice. A presuspension notice was sent in mid-March to those members from whom the WSBA had not yet received their 2004 license fee payment. If you received such a notice and believe that you have paid, you can verify receipt of your payment (please allow 10 days from date sent for processing) by checking online at http://pro.wsba.org or by contacting the WSBA Service Center at 206-443-WSBA, 800-945-WSBA, or questions@wsba.org. Important note about paying your fees. If either your license fee (including late fees) or, for active members, the Lawyers' Fund for Client Protection assessment remains unpaid two months after the mailing of the presuspension notice, the Bylaws require the WSBA to certify delinquency to the Supreme Court, which will enter an Order of Suspension from the practice of law. Contact information. APR 13.b states that address updates shall be provided to the WSBA within 10 days after the change. You can go to the online lawyer directory on the WSBA website at http://pro.wsba.org to check your listing. If your contact information has changed, please complete and return the Contact Information Change form included in the license packet to the address shown on the form or by fax to 206-727-8319, or e-mail the changes to questions@wsba.org. More information. For more information, see the WSBA website at www.wsba.org/lawyers/licensing/annual\licensing.htm. The WSBA Service Center is also available to assist you Monday through Friday, 8 a.m. to 5 p.m., at 800-945-WSBA, 206-443-WSBA, or questions@wsba.org. 2004 Bar Leaders and Access to Justice Conference Notice to WSBA Members on Active Military Duty Emeritus Status for Lawyers David Leen Elected President of Legal Foundation of Washington Robert T. Anderson of the University of Washington Native American Law Center was elected vice president, Lynn A. Watts, attorney of Spokane, was elected secretary, and Carol J. Haire, limited practice officer for the University of Washington Real Estate Office, was elected treasurer. The WSBA Board of Governors also elected Judge Michael E. Schwab to his first two-year term as trustee beginning January 1, 2004. Erika L. Lim, director, Career Services, Seattle University School of Law, and Nancy A. Pacharzina, of Hagens Berman LLP, were appointed by the Governor each to her first term as trustee. John R. Kephart, of Foundation Bank, and Victor H. Lara, of Hurley, Hurley, Lara & Hehir, will return as trustees. The Foundation was established in 1985 at the direction of the Washington State Supreme Court to support legal services and law-related education through the Interest on Lawyers'/Limited Practice Officers' Trust Account (IOLTA) program. "Random Acts of Professionalism" Program Third-Party Liability Information Establishment of New Armed Forces Section Awaiting Board of Governors Approval Lawyer-to-Lawyer Program: Mentors Needed for Newer Admittees Usury Rate Upcoming Board of Governors Meetings April 2-3 Seattle With the exception of a one-hour executive session the morning of the first day, Board of Governors meetings are open, and all WSBA members are welcome to attend. RSVPs are appreciated but not required. Please contact Donna Sato at 206-727-8244 or donnas@wsba.org. The complete Board of Governors meeting schedule is available on the WSBA website at www.wsba.org/info/bog/schedule.htm. Learn More about Case-Management Software Resources on Sale for Half Price To order Resources, call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or mail a request to WSBA Order Processing, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330. Payment may be made by check (payable to WSBA), MasterCard, or Visa, and must accompany your order. Note: The 2004-2005 edition will be available in the spring. Consumer-Information Pamphlets Available For a complete list of pamphlets and pricing information, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or go to www.wsba.org/consumer-information. Note: A special discounted rate is available for qualified nonprofit organizations contact the WSBA Service Center for details. Keep in Touch Website Links from Online Lawyer Directory The WSBA Store Is Open Polo shirt (pewter or white, size L or XL) $56 Prices include shipping and handling. Sales tax (8.8 percent) will be added to orders shipped within Washington. Juvenile Justice Assessment Project Defenders often do not have the time or training to effectively ensure that their juvenile clients understand or are informed about their cases. View the complete study at www.wsba.org/jjstudy.pdf, a summary at www.wsba.org/jjsummary.pdf, and FAQs at www.wsba.org/jjfaqs.pdf. |