February 2000

Board's Work - January 2000

by Sherrie Bennett

WSBA’s Board of Governors met with the Washington State Supreme Court on January 14, 2000 to discuss a proposed definition of the practice of law now being considered by the Court. After over a year of drafting, the WSBA has forwarded the definition to the Court for further review.

The Board of Governors and former governor Steve Crossland of Wenatchee fielded questions from the Court regarding how a potential rule would be enforced and how exceptions to the rule would be carved out. President Dick Eymann of Spokane described the mood of the Court as ranging from a sort of caveat emptor "you get what you pay for" stance to one of very strict regulation. Governor John Powers of Spokane saw the two main questions of the Court as (1) who is going to enforce the rule and (2) will the rule impair access to justice agendas? Governor Powers suggested that these two questions are in reality financial issues, and that the membership must decide whether it is important enough to pay more in dues to police the unauthorized practice of law. Governor Steve Henderson of Olympia articulated the issue as being one of whether it is cost efficient to license and regulate a "sublayer of paraprofessionals," citing the continuing discussion regarding enforcement as one of the reasons why the WSBA has been struggling with these issues for the past 70 years. Governors Walt Krueger of Kirkland and Dale Carlisle of Tacoma suggested that the Board should look at how prosecutors might be able to enforce the rule as it is currently drafted and begin to hone a philosophy as to how exceptions should be carved out. Governor Jenny Durkan of Seattle cautioned that the Board should not be relying on criminal prosecution as a primary enforcement vehicle, as prosecutors do not necessarily have the funds or time to devote to the issue.

Liaison Jim Kaufman from the Washington Association of Prosecuting Attorneys (WAPA) will report back to the Board on WAPA’s position on enforcement. Steve Crossland will report back to the Board in March with a draft of a potential philosophy statement as to how exceptions to the rule would be granted.

Governors Jim Deno (of Everett), Jenny Durkan and Lindsay Thompson (of Seattle) bent other Board members’ ears discussing the perception that the Board of Governors is a "closed society" that doesn’t include minority and specialty bar members. Governor Thompson suggested that efforts to change perception must be long-term and constant in order for truly diverse discussions to become the norm around the Board of Governors’ table. A town meeting has been set for February 7, 2000 from 12 noon until 2:00 p.m. at the WSBA offices to discuss how to improve WSBA communications with minority and specialty bar members. All interested parties are invited.

WSBA lobbyists John Fattorini and Gail Stone briefed the Board on pending legislation in the current legislative session. As Bar News goes to press, the following are bills of potential interest to attorneys:

HB 2474 proposes to allow pro se attorneys’ fees in civil actions.

HB 2475 proposes to override a Washington State Supreme Court decision on relocation of children after dissolution, delineating specific legislative intent.

HB2509 provides specific protections for dependent persons.

SB 6382 proposes to make reliable hearsay of vulnerable adults admissible, similar to the child hearsay statute RCW 9A.44.120.

SB 6401 would provide for protection of vulnerable adults.

Disclosure of Information to Persons against Whom Successor Tax Liability is Asserted

HB 2516 would revise RCW 82.32.330 relating to persons against whom successor tax liability is asserted.

HB 2519 proposes to simplify the excise tax code through revision terminology, correcting mistakes, streamlining procedures and deleting obsolete provisions.

HB 2522 proposes to increase district court jurisdiction to claims up to $50,000.

HB 2434 would give district courts jurisdiction over civil actions for damages for injuries to the person, or for taking or detaining personal property, or for injuring personal property, or for injuring real property when no issue raised by the answer involves the plaintiff’s title to or possession of the property, or for recovering possession of personal property, regardless of the value of the claim or the amount in issue.

SB 6214 proposes to amend RCW 11.92.043 relating to the duties of guardians and limited guardians under probate and trust law.

SB 6243 would confirm that restitution must be paid to the estate of a crime victim who dies.

SB 6268/HB 2339 proposes to rank the penalty for foreign protection order violations.

SB 6295 would revise provisions of Chapter 6.27 relating to garnishment proceedings.

SB 6305 proposes revisions relating to guardians ad litem.

SB6351/HB 2504 would provide additional authority for Superior Court Commissioners, authorizing them, in adult criminal cases, to preside over arraignments, preliminary appearances, and initial extradition hearings; accept pleas if authorized by local court rules; appoint counsel; make determinations of probate cause; set, amend and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances and accept waivers of the right to speedy trial.

SB 6355 would require the Growth Management Hearings Board to find compliance with growth management plans unless it finds by a preponderance of the evidence that the state agency, county or city erroneously interpreted or applied RCW Chapter 36.70A.

SB 6389 would extend juvenile court jurisdiction over permanency planning matters in dependency proceedings.

SB 6400/HB 2402 would change current provisions relating to domestic violence.

SB 6409 provides that if a person, who is neither a permit applicant nor the issuing agency, appeals a decision by a board identified in RCW 43.21B.005 to a court, the permit applicant may request the court to require the person to post a bond. The permit applicant would have to show that the combined cost of appeal and the costs of delay of the permit would not exceed $10,000.

HB 2329 would amend RCW 4.64.030 to provide an alternative method of providing property descriptions in judgments involving real property.

HB 2394 would change provisions relating to review and amendment of shoreline master program guidelines, amending RCW 90.58.060.

HB 2448 would apply the Consumer Protection Act to violations of the manufactured/mobile home landlord-tenant act.

HB 2455 would limit the authority of the department of corrections to contract with attorneys for the provision of legal services in correctional facilities.

HB 2461 provides that if a judgment creditor fails to file an acknowledgment of satisfaction of judgment with the court within 60 days of receiving payments, the judgment creditor would be liable for an amount equal to interest on the amount of the judgment computed at 12 percent per year from the 61st day after the payment of the judgment by the judgment debtor until the judgment creditor acknowledges the satisfaction with the court. The bill also provides for the payment of actual damages or $250, whichever is greater, and any costs and attorneys’ fees associated with actions taken by the judgment debtor to get the satisfaction of judgment properly acknowledged by the court.

More information on these bills and their progress through the legislative process can be monitored at http://www.leg.wa.gov/wsladm/bills.htm.

In order to avoid the necessity of having to return to the State Supreme Court each time license fees are changed, the Board adopted a Bylaw amendment which does not set fees, but which empowers the Board to do so. The Board will request the Supreme Court to approve adoption of the Bylaw change consistent with court rules granting the WSBA authority to collect, allocate, invest and disburse funds. This amendment would not affect members’ rights to a referendum vote.

The Board received a report on the fledgling Emeritus Program, designed to encourage inactive-status and other attorneys to provide pro bono legal services through the Washington State Access to Justice Network legal service providers. During the past year, the 13 participating attorneys provided 377 hours of free legal advice. Plans for the coming year would expand training sessions to eastern Washington and rural areas statewide, allowing detailed and customized presentations regarding volunteer opportunities geared specifically for each region. Interested volunteers can contact Sharlene Steele at 206-727-8262.

The Board adopted public records access policies, setting the cost for copying Bar records at 15 cents per page. Public records can also be provided in electronic form if the WSBA already has the information in electronic form and staff can readily and easily determine that the information would not include any information that is exempt from public records disclosure. The cost for providing copies of records in electronic form will be the cost of the disk or electronic media used, postage, and three cents per "page" (approximately 66 lines of information), plus cost of an envelope, with a minimum fee of $10. Listserve correspondence can be viewed at no charge by participating as a member of the listserve.

Judge William Baker reported on the Washington Chapter of the American Judicature Society now being formed. The Board approved the use of WSBA offices for meetings of the new group, and also approved the use of staff support of approximately 15 hours per year, to be reimbursed by the group as soon as it collects membership fees.

William Neukom reported that the ABA will discuss the issue of multidisciplinary practice at its mid-year meeting in February in Dallas. The Board will support the nomination of Karen Wong by the ABA Nominating Committee to sit on the ABA Board of Governors.

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