December 2000

The Board's Work

by Allison L. Parker

It was "home town" week for Tri-Cities native Jan Eric Peterson as he conducted his first meeting as WSBA president in Richland on October 27-28.

Local lawyers and judges were invited to a "listening lunch" with the governors. Nearly 80 lawyers representing primarily solo or under-five firms attended the lunch. They discussed such things as civil case stagnation in the courts, multi-disciplinary practice issues, pro bono work, and the feasibility of member benefits such as medical insurance.

Horvitz Newspapers, Inc., publishers of the Eastside, South County, Mercer Island and Northshore Journals, offered the WSBA the opportunity to partner with them in producing a supplement about the law. The board unanimously approved the partnership, as it fits in well with WSBA Strategic Goal No. 2: Public Legal Education.

The target date for publication is March. The supplement will be included in all Horvitz publications, with a total circulation of approximately 80,000. Horvitz will solicit advertising, absorb any financial risks, and donate 10 percent of advertising revenue to pro bono programs.

The board engaged in a lively evaluation of Celebration 2000. There was general agreement on the following points:

•  Attendance indicated that there is not an overwhelming desire for an annual convention.

•  Meeting with the judges was positive.

•  The event tried to accomplish too much and was too long. The WSBA should investigate other possible formats for an event in three to five years, such as a "jumbo CLE." The planning process should include local/specialty bar associations and sections.

Governor Victoria Vreeland made a motion to form an ad hoc committee appointed by the president to explore alternatives for a joint periodic event with the judges. The motion passed, and Governors Ken Davidson and Lindsay Thompson, and Executive Director Jan Michels agreed to serve on the committee.

Executive Director Jan Michels briefed the board on the Summit on Improving Judicial Selection sponsored by the National Center for State Courts, the Open Society Institute, and the Joyce Foundation. Chief Justice Richard P. Guy has assembled a team of Washington representatives to attend the meeting.

A motion made by Governor Jenny Durkan was passed to create a group charged with developing a timeline and action plan for judicial election reforms. Since changes to the process will ultimately be the responsibility of the governor and the Legislature, the committee should work with the intention of providing recommendations to them.

The board consensus was that incremental judicial selection reforms should be a recurring item on the BOG agenda.

Governor Daryl Graves was elected treasurer of the WSBA. In his report, Governor Graves explained that as a result of having changed the investment policy to allow the use of investment instruments other than T-bills, the WSBA received a $22,500 increase in investment interest. There was also a $2,500 increase in interest earnings due to implementing an overnight sweep account for WSBA banking services.

The Rules of Professional Conduct Committee recommended that the board adopt formal ethics opinion #196, prohibiting the use of the name of a suspended or disbarred lawyer in advertising or letterhead. There was some concern and discussion about the impact on partners, especially when suspensions were short-term.

Governor Stephen Osborne asked, "Is this necessarily appropriate for interim suspensions?" Governor James Deno remarked, "It seems inappropriate to make other partners suffer financially or otherwise because one partner is suspended, but then returns [to practice] after the suspension." However, Governor Victoria Vreeland chalked it up to the cost of business. Governor Daryl Graves pointed out that "there are benefits and burdens of partnership and this may be one." Formal Ethics Opinion #196 was adopted.

Barbara Clark, Executive Director of the Legal Foundation of Washington, explained the status of IOLTA interest rates and encouraged board members to ask their banks to raise IOLTA interest rates.

ATJ Board Member Susan Daniel and Young Lawyers Division President Tom Quinlan reported on the Greater Access and Assistance Program (GAAP) pilot program in Thurston and Spokane counties, which addresses the needs of moderate-income people who would not otherwise qualify for legal services. Eligible participants will be referred from the Coordinated Legal Education, Advice and Referral (CLEAR) service to lawyers willing to take their case at a reduced fee. Still in its infancy, the pilot program is actively recruiting volunteers in both counties.

State Court Administrator Mary McQueen reported on the 47 court improvement recommendations made in the Project 2001 report. The Board of Judicial Administration (BJA) adopted certain recommendations in November and will present them to the Legislature on December 1. Some of the recommendations will ultimately be court rules, while others will require legislation.

The board considered recommendations regarding the "portability" of judges to be the most significant and immediate. The BJA proposal allows more flexibility in the assignment of judicial resources without stipulation. The WSBA Court Improvement Committee (CIC) was charged with developing a WSBA position on this proposal. The CIC will seek input from other committees and sections, and will make a recommendation to the board after its November 17 meeting.

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