February 2000

It Is Time…

by Richard C. Eymann
WSBA President

I was not elected to the position of Washington State Bar Association President to be non-controversial, to not rock the boat, nor to please every one of the 25,000 members of the Bar.

At the annual meeting where I was sworn in last September, my 80-year old dad, who is rapidly going blind, traveled from Oregon to be present for the occasion, along with my seven sisters and my mother. My dad is very wise, observant and well-informed. He approached me at the end of the evening and said, "Richard, I can't see very well, but I can see well enough to ask you, Mr. President, where are your people of color? Where are your young people? Their absence here is not a good message to the people of your state." "I know," I said, and searched my mind for a reason — there was none that made sense. That incident and others confirm my commitment and bring me to make a rather simple but significant request.

I ask for your support in changing our Washington State Bar Association Bylaws to add two members to our Board of Governors — one to be jointly selected by the Presidents/Chairs of our minority bar associations and one to be selected from our Young Lawyers Division. An amendment to change our Bylaws can be accomplished by a majority vote of the current Board of Governors, but since this may be seen as a major change, I want you to know why I feel so strongly.

We do not have a governing body which reflects our diverse membership. Despite good intentions, we have never had a minority President, and have had only one person who would qualify as a "young lawyer" on the Board of Governors or as President. We have tried recruitment programs and making some specific minority appointments, and we have tried recruiting to get more diverse representation in our Sections, Committees and on the Board of Governors. But we must face the fact that these efforts have not resulted in more diversity in these bodies. Women have faced similar obstacles, even though they represent nearly 40 percent of our membership. Over the years, only a few women have been elected to the Board of Governors, but at least those numbers are improving, however slightly.

Let me first address the need for a Governor from the minority bar associations. Some may ask, "Why do we need minority lawyers in leadership positions such as the Board of Governors?" The answer is that they represent a significant and very important part of the Washington State Bar Association and have unique life experiences which must be represented. Minority populations in the United States are consistently growing. By the year 2050, more than 50 percent of the U.S. population will be composed of people who are now considered racial minorities. We need to ask ourselves how our society will have confidence in a legal system that, by its appearance at the highest leadership level, is usually 80 percent older Caucasian males. Make no mistake, the issue of racial bias is potentially (some say probably) the most serious problem in our country today. Our profession must provide the kind of leadership that promotes and actually applies the principles of equality.

During my 23 years of involvement or activity in the American Bar Association, the Washington State Bar Association, the Washington State Trial Lawyers Association and other legal organizations, I have heard such comments as, "We must initiate programs that will ensure sensitivity and diversity. We must deal with racial issues. We must have more people of color advance to leadership roles." You may have heard these types of well-intentioned sentiments too, but they have not brought about a meaningful change in the diversity of our Board of Governors. We need to take positive, constructive steps to cause a change. No more lip service — it is time to take action.

Some suggest that the lack of minority representation reflects disinterest on the part of minorities in shaping the future or accepting positions of leadership. Based on conversations with minority lawyers, this notion is far from true. More likely, this absence reflects shortcomings of our current selection process for the Board of Governors. To put it simply, we need diverse insight and we need it now. What we do not need is more time spent on goals and programs of the future called "minority recruitment" or "diversity task force." I know from personal contacts that lawyers of color are extremely interested in the work of the Bar Association and in meeting the dramatic challenges in our profession. My proposal is that we make an abrupt departure from the outdated and ineffective tradition of merely encouraging minorities to rise up slowly into positions of leadership. We must create a new Governor position and ask minority bars to select/elect that WSBA Governor.

I expect that some minority members may initially view this as tokenism or patronizing and say, no thank you. From personal contacts with elder minority members, I know that they do not share such a belief, and indeed have encouraged me to proceed with this proposal. You should also know that the American Bar Association created two similar minority positions on its Board of Governors several years ago and their presence has added much more than token "diversity" and "sensitivity."

The need for a young lawyer on the Board of Governors is also compelling. Of the 25,000 lawyers in this state, nearly 8,000 are "young lawyers." Despite their numbers, it is easy to think they are too young and inexperienced to be our leaders. This attitude is short-sighted. It is foolish for older lawyers to discount the valuable, innovative ideas from young lawyers. Some might say, "Let younger lawyers run for office in their districts . . . let them campaign." The "system" that has shut them out for 100 years will likely continue to shut them out, even though they make up nearly one-third of the Bar.

Over the past few years, I have heard the Young Lawyers Division's annual oral reports to the Board of Governors and am repeatedly impressed that they put their ideas into actual practice. Although many older lawyers fret and worry about the "drug scene," the young lawyers are out in the schools talking to students about drugs, about justice, about civil rights, about challenging harmful peer pressure. They have created teaching videos, and organized and delivered community service programs. Yet, they have no "vote" on the Board of Governors, and some may feel like "children" and disenfranchised as a group.

Tell me — what do we have to lose by having the Young Lawyers Division select their representative to sit on our Board of Governors to discuss, consider and vote?

In the past, proposals have come from both the Governance Task Force of the Board and the Young Lawyers Division to add a young lawyer member to the Board of Governors. Although those proposals never came to fruition, that is not a reason to walk away from what is right. This change is right. It is overdue. It is time.

The details of the selection process for each of these two new Governors need to be worked out, but this would not be difficult. I would like to see it happen now so that before I leave office, I can report to you that we have made an indelible impression this first year of the 21st century and the new millennium. The Washington State Bar Association has always been viewed as a leader among the state bars of this country. This change would be leadership from you in its purest sense.

I need your input. I ask you to endorse this proposal with your district governors. Their mailing and e-mail addresses follow this column. Please let your Governor know how you feel about this proposal. I urge you to ask questions and keep an open mind, even if you initially disagree with this proposal or are unsure. I am absolutely confident that endorsing this proposal will, in the long run, have a far-reaching, positive effect for the Washington State Bar Association and its individual members. The rewards will be realized over the rest of your career and the rest of your life.

Richard C. Eymann
President
601 W. Main, Ste. 801
Spokane, WA 99201
eymann@eahjlaw.com

Jan Eric Peterson
President-elect
1501 Fourth Avenue, Ste. 2800
Seattle, WA 98101-1609
thefirm@pypfz.com

Walter Krueger

Governor, District 1

520 Kirkland Way, Ste. 400

Kirkland, WA 98083-3143

walt_krueger@msn.com

James E. Deno

Governor, District 2

3411 Colby Avenue

Everett, WA 98201-4709

jimdeno@dmdd.com