February 2005

FYI: For Your Information

YMCA Mock Trial Program Seeks Volunteers

The YMCA Youth & Government Mock Trial program allows high school students to participate in a "true-to-life" courtroom drama. Each team of attorneys and witnesses prepares the case for trial before a real judge in an actual courtroom. A "jury" of attorneys rates teams on their presentations while the presiding judge rules on the motions, objections, and ultimately the merits. Participants develop critical-thinking and analytical skills, learn the art of oral advocacy, and gain a respect for the rule of law and the judiciary.

The state championship competitions will be held Friday, March 18, through Sunday, March 20, 2005, at the Thurston County Courthouse in Olympia. Attorney volunteers are needed! To volunteer, please contact Janelle Nesbit at 360-357-3475 or youthandgovexec@qwest.net. Please visit www.youthandgovernment.org for -additional details.

2005 License Fee Packets

Licensing packets were mailed in December. The packet includes your license-fee invoice, trust-account declaration form and, if applicable, the MCLE certification form. If you have not yet received your licensing packet, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org to request a duplicate. Please note that it is your responsibility to pay your annual license fee, regardless of whether you receive the licensing packet.

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.

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 # and password. Prompts will lead you through the process to pay your 2005 license fees by MasterCard or Visa. The system allows payments only for the full amount billed, e.g., no Keller deductions or status changes. Note that you do not need to return the A2 form if you pay online. Active members have other forms in their packets that must be completed and returned by the due date. There may be other voluntary forms in the packet that you may want to complete and return to the WSBA.

Reminder Notice. A reminder notice will be sent in mid-February to those members who have not paid their 2005 license fees.

Payment deadline. 2005 license fees are due no later than February 1, 2005. Please note that if your payment is postmarked or delivered in person to the WSBA office later than March 1, 2005, WSBA Bylaws require a 20 percent penalty to be assessed. In mid-March a pre-suspension notice will be mailed to those members who have not paid their 2005 license fees. If your payment is postmarked after April 1, 2005, a 50 percent penalty will be assessed.

Important note about paying your fees. If either your license fee or, for active members, the Lawyers' Fund for Client Protection assessment remains unpaid two months after the mailing of the pre-suspension notice, the delinquency will be certified to the Supreme Court, which will enter an Order of Suspension from the practice of law.

Software Conversion. In late summer 2004, the WSBA underwent a software conversion of the membership database. It is possible that not all information converted correctly. If you feel the amount showing on your licensing form (A2) is not correct, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org.

Judicial Recommendation Interviews

Application deadline: February 11, 2005
The WSBA Judicial Recommendation Committee is currently accepting applications from attorneys and judges seeking consideration for appointment to fill potential appellate and Supreme Court vacancies. Interested candidates will be interviewed by the committee in March 2005. The deadline for receipt of questionnaires by the WSBA office is 5 p.m. February 11, 2005.

The committee's recommendations are reviewed by the WSBA Board of Governors and then referred to the Governor for review when appointments are made to fill vacancies on the Washington Court of Appeals and Supreme Court.

If you are interested in scheduling an interview, please contact the WSBA at 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, 206-727-8239; or barleaders@wsba.org, to obtain a questionnaire. Please specify whether you need the questionnaire designed for a judge or an attorney.

List Yourself in the Online ADR Provider Directory Now!

Sponsored by the WSBA Dispute Resolution Section, the ADR Provider Directory is an online attorney and citizen resource for locating appropriate alternative dispute resolution service providers. If you are a provider, don't miss the opportunity to be listed for the current year. The directory subscription year is January 1 to December 31 and fees are not prorated. The annual listing fee is $50 for members of the WSBA Dispute Resolution Section and $75 for non-members. To register online, go to www.adr-wa.com/directoryRegister.

From Law Office to Oval Office . . .

Now available through CLE Publications, America's Lawyer-Presidents: From Law Office to Oval Office engages the imagination and intellect, providing a rare look at the 25 men who were lawyers before they became U.S. presidents. Written by historians and presidential scholars and featuring an image-rich presentation, America's Lawyer-Presidents provides new insights into our national leaders and their lives and times, from colonial days to the present. "[I]ntriguing biographical perspectives on the professional lives of a number of our most influential citizens . . . demonstrates yet again the profound relationship between the development of American law and our democracy,"  writes Scott Turow. Published August 2004 by Northwestern University Press (384 pages, WSBA member price $29.95). For more information or to place an order, visit the WSBA Online Store at http://store.yahoo.com/wsbastore, or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA.

Lawyers' Assistance Program Peer Counselor Statewide Network

We are attorneys who volunteer support to others who need someone to listen when times are tough. We are not professional mental health counselors, but do receive training at our statewide conference in April and regional trainings throughout the year. We seek to expand the diversity we represent and offer to WSBA members. Would you have time and interest in listening, recognizing when a peer needs referral for additional support, attending a training, educating the legal community about the healthy practice of law, and giving of yourself as time allows? Please call Jennifer Favell, Ph.D., 206-727-8267.

Senior Attorneys Discussion Group: A Matter of Connection

The discussion group will meet on a quarterly basis in 2005. April 2005 will offer two wonderful opportunities: the Senior Lawyers Section annual CLE event, and the LaSD peer counselor annual statewide conference at Lake Chelan. Contact Anna Schmidt, LAP program assistant, 206-727-8268, for details about the conference. Your ideas are welcome for the summer and fall meetings.
 
Legal Foundation of Washington Elects New Board of Trustees Members

At its November 20, 2004 meeting, the Legal Foundation of Washington Board of Trustees unanimously elected Robert T. Anderson, Native American Law Center director and assistant professor of law, University of Washington School of Law, as the Foundation's president for 2005.

Judge Michael E. Schwab, Superior Court of Yakima County, was elected vice president; Carol J. Haire, limited practice officer for the University of Washington Real Estate Office, was elected secretary; and Erika L. Lim, career services director, Seattle University, was elected treasurer.

The WSBA Board of Governors elected Seattle attorney Nicholas P. Gellert to his first two-year term, which began January 1, 2005. Wallace Webster II, vice president, Bank of America ,was appointed by the Governor to his first term, and Spokane attorney Nancy L. Isserlis was elected by the Supreme Court. Seattle attorney Nancy Pacharzina and Spokane attorney Lynn Watts will return as trustees.

The Foundation was established in 1985 at the direction of the Washington State Supreme Court to support legal aid and law-related education through the Interest on Lawyers'/Limited Practice Officers' Trust Account (IOLTA) program.

Committee of Law Examiners Annual Report

Note: This report was not included in the committee reports in the November 2004 Bar News because it was received after the issue had gone to press.

The lawyers on this committee competently and efficiently executed their primary mission; the preparation and grading of one of the best essay bar examinations in the country. There were no significant problems with either exam.

The Executive Committee (Joe Nappi Jr., Gene Anderson, Craig Beles, Steve Hughes, and James Horne) provided assistance to various members of the Board of Governors in selecting and retaining the bar examiners most likely to make a positive contribution to the work of the committee. The committee continued to keep travel and meeting expenses to a minimum. The committee continued its high-level training seminar as mandated by the Board of Governors and, as part of the training, assigned new examiners to write questions for a summer question bank. The committee nears its goal of having a full exam in reserve; although it now has nearly enough questions "in the bank" to provide an examination in the event of some compromise or other catastrophe, the committee believes the bank continues to serve a good training function, allowing new examiners to prepare quality questions without an impending deadline. It furthers their training and provides a reserve.

The Executive Committee edited, revised, and produced an updated version of the Handbook of Procedures for the preparation and grading of bar examination questions. The handbook is distributed to all committee members and is used extensively during the Board-mandated training session for all new examiners. Bar exam questions must be prepared and graded in accordance with the handbook requirements.

The committee maintained a solid core of experienced and capable examiners by advising the Board of those members who should be reappointed to the committee because of their ability, experience, and desire to continue working on the committee. In keeping with ongoing goals, the committee was able to recruit women and minority lawyers to become new members.

Members of the committee and WSBA General Counsel Bob Welden visited the three in-state law schools during the spring to speak with students about the application and examination process. More than 100 students attended those presentations. The Executive Committee met with representatives of the effort to include the subject of Indian Law on the bar exam. 

Two members of the Executive Committee were appointed to the Professional Development Implementation Committee and assisted that committee in understanding the role and functioning of the bar exam. The PDIC originally had as one of its agenda items the elimination of the bar exam. Executive Committee members reported to PDIC that bar exams are favored by the ABA, which recommends written bar exams with hypothetical questions. The PDIC chose not to further consider eliminating the bar exam.

Contract Attorney Discussion Group

Join the Contract Attorney Discussion Group each first Tuesday of the month from 12:00 noon to 1:30 p.m. Bring a lunch and meet colleagues as your contract-attorney issues of concern are addressed. Contact Pete Roberts at 206-727-8237 or peter@wsba.org.

New Dean to Lead Seattle University School of Law

Kellye Y. Testy has been chosen to lead Seattle University's School of Law. following an extensive national search process. Testy currently serves as the law school's associate dean for academic administration and faculty director of the Center on Corporations, Law and Society. She succeeds Rudolph C. Hasl, who has served as dean for the past five years.

Testy joined the School of Law faculty in 1992 after a clerkship on the United States Court of Appeals for the Seventh Circuit. She was instrumental in founding several key programs at the Law School, including the Access to Justice Institute; the Seattle Journal for Social Justice; and the Center on Corporations, Law and Society. From 2001-03, she served as a Patricia Wismer Professor at Seattle University, a professorship in recognition of academic leadership on issues of justice and diversity.

WSBA Members on Active Military Duty

At its January 2004 meeting, the Board of Governors approved a Bylaw amendment that allows all active WSBA members who are on active duty in the military to waive WSBA license fees and remain active members for up to five years. (WSBA members on active duty whose WSBA membership status is inactive or emeritus must still pay the annual WSBA license fees.) If you are currently an active member on active military duty, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org.

Washington Association of Prosecuting Attorneys (WAPA) New Officers for 2005

Kitsap County Prosecuting Attorney Russell D. Hauge has been elected president of the Washington Association of Prosecuting Attorneys. Other newly elected officers are: Lincoln County Prosecuting Attorney Ronald B. Shepherd, vice president; San Juan County Prosecuting Attorney Randall K. Gaylord, secretary; and Garfield County Prosecuting Attorney John R. Henry, treasurer. Their terms began on January 1, 2005.

Address Update Reminder

The 2005 licensing packets were mailed in early December. The deadline for updating your address to be included in the licensing packet mailing was October 15, so please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA to request a duplicate packet if you have not yet received your packet. You can check your listing by going to the online lawyer directory at http://pro.wsba.org. If any of your contact information (name, address, phone, fax, or e-mail address) has changed, please update the information by e-mailing questions@wsba.org; faxing the change to 206-727-8319; or calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA.

Books for Belarus

WSBA member Elizabeth Vasiliades is currently teaching law on a fellowship program at the Belarus State Economic University in Minsk, Belarus. She is coaching two teams of law students for moot court competitions. Access to Western legal resources is minimal to non-existent, making student preparation for classes and moot court extremely difficult.

WSBA members may be able to help these students by donating used legal books. If you have legal texts on international law, criminal law, property, commercial law, or other topics that are outdated, duplicates, or simply sitting in a dusty bin somewhere, these books would be put to good use by Ms. Vasiliades and her students. If you have texts you would like to donate, please send them to the WSBA; we will then send them on to Ms. Vasiliades in Belarus. Please send your donated books to: Member and Community Relations Dept., WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121.

Recently Released: 2005 Annual WSBA CLE Publications Catalog

The 2005 edition of the Publications Catalog from WSBA CLE Publications is now available! It's your convenient guide to outstanding products and services from the WSBA CLE, the leader in innovative legal education. Save your catalog for the coming year to order our premier deskbooks, audiotapes, coursebooks, and more — whether online, or by phone, fax, or mail. Need another one? Call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA.

Mileage Reimbursement Rate Increased January 1, 2005

The Board of Governors recently adopted a policy to make the WSBA mileage reimbursement rate adjustment effective January 1 rather than October 1. This change is being made so that our rate adjustments will correspond with the IRS's schedule of implementing new rate changes effective January 1.

The new rate, which was effective January 1, 2005, is 40.5 cents per mile. The revised Expense Report Form is on the WSBA website (www.wsba.org), and hard copies are available by request from the WSBA office (call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA).

Please note that for travel that occurred between October 1, 2004, and December 31, 2004, the rate of 37.5 cents per mile applies.

Random Acts of Professionalism Program

The WSBA Professionalism Committee has created a way for lawyers and judges to recognize their colleagues who have conducted themselves in a professional manner consistent with the Creed of Professionalism. Through the Random Acts of Professionalism Program, lawyers and judges may nominate their colleagues to receive the award. Nominating a lawyer or judge for the award is very easy — simply send his or her name, along with a brief description of why you are nominating the person, to Judy Berrett, staff liaison to the Professionalism Committee, at judithb@wsba.org, or fax to 206-727-8319. That's all there is to it! The nominated person will receive a letter, a certificate, and a copy of the WSBA Creed of Professionalism.

Keep in Touch

The WSBA uses e-mail to communicate with members quickly, efficiently, and inexpensively, and increasingly it is becoming the preferred method of communication for committees and sections. If you haven't already, please consider providing us with your e-mail address. Contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. Representatives are available Monday through Friday, 8:00 a.m. to 5:00 p.m.

Usury Rate

The average coupon equivalent yield from the first auction of 26-week treasury bills in January 2004 was 2.630 percent. The maximum allowable interest rate for February is therefore 12 percent. Compilations of the average coupon equivalent yields from past auctions of 26-week treasury bills and past maximum interest rates for June 1988 to June 1999 appear on page 53 of the June 1999 Bar News. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm.

Upcoming Board of Governors Meetings

February 18-19 — Seattle

March 11-12 — Seattle

April 22-23 — Spokane

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.

Visit the WSBA Online Store

Go to www.wsba.org and click "WSBA Store" in the left navigation bar to purchase Cutter & Buck polo shirts, twill baseball caps, ballpoint pens, and brass luggage tags, all sporting the WSBA logo. The store offers secure online credit-card ordering. You can also purchase logo merchandise by calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. Items available include: polo shirt (pewter or white, size L or XL) — $56; baseball cap (stone) — $24; ballpoint pen — $12; luggage tag — $7. Prices include shipping and handling. Sales tax (8.8 percent) will be added to orders shipped within Washington.

Lawyer-to-Lawyer Program: Mentors Needed for Newer Admittees

The WSBA's Lawyer-to-Lawyer Program matches newer admittees with experienced lawyers. The program is not a structured mentoring program and does not supplant any similar programs of local or specialty bars. We connect lawyers with similar practices in the same geographic area for mutual information-sharing and goodwill. We need experienced attorneys to serve as informal mentors, especially in King County. Help new lawyers get a head start on learning those lawyering skills not found in any textbook. Interested members may contact Pete Roberts (206-727-8237; peter@wsba.org) in the Law Office Management Assistance Program. Program guidelines and sign-up forms are available at www.wsba.org/lawyers/services/lawyertolawyer.htm.

Consumer-Information Pamphlets Available

Provide a valuable service to your clients by offering them consumer-information pamphlets! Published by the WSBA as a public service, these pamphlets educate consumers about their legal rights and responsibilities, answer frequently asked questions, and explain basic aspects of Washington law. The information is general, and not intended as legal advice or as a substitute for a lawyer's services.

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/public/consumer. Note: A special discounted rate is available for qualified nonprofit organizations — contact the WSBA Service Center for details.

Learn More about Case-Management Software

The WSBA Law Office Management Assistance Program (LOMAP) office maintains a computer for members to review software tools designed to maximize office efficiency. LOMAP staff are available to provide materials, answer questions, and recommend options. To make an appointment, contact Pete Roberts at 206-727-8237 or peter@wsba.org.

19th Annual Goldmark Award Luncheon

The Legal Foundation of Washington will present the 2005 Charles A. Goldmark Distinguished Service Award to Ada Shen-Jaffe at the 19th Annual Goldmark Award Luncheon. The luncheon will be held Friday, February 18, 2005, at the Emerald Ballroom of the Red Lion Hotel on Fifth Avenue between noon and 1:30 p.m.

Ms. Shen-Jaffe receives the award in recognition of her leadership in the equal justice community both in Washington and nationally. Ms. Shen-Jaffe has played a key role in the architecture and strategy of civil legal justice since 1981, when she became Deputy Director of Evergreen Legal Services, which later became Columbia Legal Services, which she directed for the last 18 years.

Joaquin Avila, Visiting Professor at Seattle University School of Law, MacArthur Fellow, and noted authority on minority voting rights issues, will give the keynote address.

The Goldmark Award honors the memory of Charles A. Goldmark, Seattle attorney, community leader, and ardent supporter of access to justice. Mr. Goldmark served as the Legal Foundation's president at the time of the tragic assault that led to his death in 1986. The public is invited to attend the luncheon, which pays tribute to all the volunteer lawyers and legal-aid providers in Washington state.

The Legal Foundation is a not-for-profit organization that has distributed over $70 million for legal aid to the poor since 1985. Visit www.legalfoundation.org or contact Barbara C. Clark at 206-624-2536 for more information about the Goldmark Award and the IOLTA program. See page 41 for a registration form for the Awards Luncheon.

National Center for State Courts Event Draws More than 300 Renowned Attendees

Each year the National Center for State Courts (NCSC) recognizes an outstanding judicial leader by conferring its annual Rehnquist Award. Usually presented by Chief Justice Rehnquist himself, this year, due to Justice Rehnquist's health, Justice Kennedy presented the award. The event is held in the Great Hall of the Supreme Court. Attendees this year included more than 300 of the most renowned trial court judges, state justices and chief justices, and invited dignitaries. Mary Campbell McQueen, recently Washington's court administrator and currently president of the NCSC, invited Washington's Trial Court Funding Task Force leaders to the event and a panel presentation the following day.

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Last Modified: Thursday, March 03, 2005

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