December 2000

Serving on the "D Board"

by Kimberly Goetz, Guest Editor

September 30, 2000: my first day of freedom in three years. Only yesterday I finished my term as a citizen member of the WSBA Disciplinary Board. Don't get me wrong — I had a great time, learned a lot, met a group of wonderful people, and made a contribution to my community. But I'm glad it's over.

Just for clarification — I'm not an attorney. I was one of four "citizen" members of the board. Like our attorney counterparts, citizen members serve three-year terms as full members, considering cases and casting votes. Although I've been a paralegal for almost nine years, attorney discipline was a world about which I knew next to nothing. I knew what a GAL was, the difference between a retainer and an advance fee deposit, and the importance of Miranda v. Arizona. What I didn't know was far more important.

The first thing I noticed about the "D Board" (as we affectionately call it) was the amount of work being a member entails. I knew there would be a lot of reading involved; I just didn't comprehend how much reading. Over the past three years, I've reviewed somewhere in the neighborhood of 700 disciplinary cases. That translates to about 150 reams (15 cases) of copy paper, printed double-sided. All told, I figure I've spent almost 1,000 hours reviewing disciplinary cases during my time on the board. This assignment is obviously not for the faint of heart. Remember that everyone on the board is a volunteer — we all have real lives, too.

The next thing that surprised me about the D Board was the attitude of its members. Before my first meeting, I was a bit concerned about how the attorney members would react to me. My fears were completely unfounded. You might think the citizen members of the board are merely window dressing, that the attorney members do whatever they want. Nothing could be further from the truth. The respect shown to me and to the other citizen members by the attorneys was unparalleled. On more than one occasion, attorney members changed their perspective after hearing the comments and opinions of lay members. They listened, they considered, they debated, and they recognized the value of our input. They provided guidance and insight. They are, simply put, a group of people whom I respect beyond words.

Being on the D Board also taught me more about the nature of advocacy. It's easy to read the materials and come to a conclusion. Then you attend a board meeting and hear 13 other members express 13 different opinions — some the opposite of yours. In the free exchange of ideas that makes up a D Board meeting, nothing is set in stone. I've been convinced more than once to change my view and my vote. I wasn't bullied or intimidated, but I was persuaded.

My term on the D Board taught me about the law. Not the law in books, but the law in real life. I have a greater appreciation for the challenges faced by attorneys and for the troubles faced by clients. Most important, I've learned first hand that justice is sometimes an elusive concept. I made the best decisions I could based on the record presented. Were those decisions fair? Were they the right things to do? I certainly hope so, but I'm not so naive to think everyone would agree.

Finally, the past three years have taught me about myself. I've become even more committed to the importance of taking personal responsibility for my actions. I have a better understanding about my own prejudices and preconceptions. And I quit watching "Law and Order."

My heartfelt thanks to Julie Shankland, Angie Ordway, Brenda Jackson, Chris Pence, Charlie Wiggins, Dick Kilpatrick, Colleen Klein, John Murphy, Tanya Guenther, Bryce Dille, Les Weatherhead, Pat Shelton, Ron Myers, Jim Drewelow, Jennifer Wathen, Steve Henderson, Lori Lamb, Doug Smith, Dawn Sturwold, Steve Brandon, Steve Smith, Barry Bonnell, Dave Cullen, Rick Dullanty, Terry Brink and Tom Hayton. Thanks also go to the staff at the Office of Disciplinary Counsel and the various respondents' counsel for their zealous advocacy. Finally, thanks to the WSBA, the Board of Governors and the Supreme Court for giving me this fantastic opportunity.

Kimberly Goetz is a program specialist for the State of Washington Office of Minority and Women's Business Enterprises, and is a graduate of Pacific Lutheran University in Tacoma. She can be reached at kimbyg@excite.com.

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