December 2001

The Board's Work

by Mark A. Panitch, Bar News Editor

Vancouver, WA (Oct. 19-20) — Your Board of Governors finished a process of board expansion that began more than two years ago when former President Richard Eymann acted to bring "underrepresented" segments of the Bar onto the board. With the election of Young Lawyers Division nominee Paul R. Lehto, the Board of Governors has added three new members in the last three months. Zulema Hinojos-Fall (Seattle) and David W. Savage (Pullman), both at-large members, were elected at the last meeting. Lehto practices in Snohomish County.

After Lehto’s election, Governor Savage moved to require the YLD to nominate at least two candidates, and Governor Hinojos-Fall seconded. Speaking for the YLD, YLD President Sherri Jefferson supported the motion. A lengthy debate followed. Although the bylaws specify that at-large governors are elected by the BOG, requiring the YLD to present multiple candidates would make it clear that the choice is the BOG’s — not the YLD’s. The vote on the Savage motion was 5-5. President Dale Carlisle broke the tie, supporting the motion. (President Carlisle noted that some presidents have to wait for months for a tie and the opportunity to vote.)

In a matter with potential for immediate effect on members, by a vote of 12-0, the board adopted revised guidelines for the WSBA fee-arbitration program. Fee arbitration is a program of the WSBA Lawyer Services Department, offered as a way for attorneys and dissatisfied clients to resolve differences voluntarily. Governors debated whether to allow attorneys’ fees (no); whether to exclude witnesses (at the discretion of the arbitrator); and whether to assure that fees are reasonable (yes, by ensuring that the amount of time spent by the lawyer is "reasonable"). [Editor’s note: A full description of the arbitration and mediation programs can be found in the Lawyer Services section of the WSBA Web site at www.wsba.org/lawyers/services/adr.htm]

A delegation from the King County Bar Association (KCBA) headed by President Ralph Maimon, along with King County Presiding Judge Brian Gain and Clark County Judge Robert Harris (president of the Superior Court Judges’ Association), urged the BOG to take notice of an impending "crisis" in court funding. They explained that the problem has both local and state ramifications, and they expressed special concern about the potential for cuts in statewide justice funding when the Legislature meets in January.

One of the issues facing King and other high-growth counties is that the load on the county-run justice system keeps growing, while incorporation of new cities and annexation of high-value property by existing municipalities steadily reduce the counties’ available revenues. The judges voiced concern that revenue cuts could extend trial dates and push civil cases into the private justice system, leaving the courts to handle only criminal matters.

As the discussion proceeded, BOG members made clear that their concerns went beyond simply funding courts, and included the entire justice system, "including defense, access to justice, and essential programs and support services."

Governors, judges and KCBA officials agreed that the bar and bench should agree on a common message and strategy before approaching the Legislature. Mary McQueen, state court administrator at the Administrative Office of the Courts (AOC), noted that she has long campaigned for adequate financing for justice programs. She urged the BOG and judges alike to avoid "internecine battles" and "sacred cows." She noted that the Legislature could use disagreement within the legal community as a basis for ignoring the whole problem.

President Dale Carlisle, noting a general consensus on the BOG, asked the staff and others to meet and develop a short-term action plan that the BOG could consider at its November 30 meeting.

In the continuing process of developing multijurisdictional practice, the BOG heard from representatives of the Oregon, Idaho and Utah state bars. The Idaho and Oregon delegations predicted that a functioning reciprocal admission system among the three states could be in place by early next year. The Utah representatives said that the developing relationship among the Washington, Oregon and Idaho bars had created a lot of positive interest among lawyers in their state. The Utah lawyers also noted that there were indications that Nevada was following these developments and might be interested in joining or associating at some future time with the Northwest’s developing multi-jurisdictional practice model.

The BOG and the three other state delegations agreed that there should be two to three joint meetings per year to assure as much conformity as possible in admissions, practice and ethics standards.

In other BOG business, WSBA Director of Technology Maureen Sunn reported that current WSBA hardware and software are almost outmoded and close to being unsupportable. She explained that as technology companies bring out new equipment and software, they stop supporting older equipment and programs. In addition, many new programs will not run on older operating systems, and older operating systems won’t function on new equipment. Conclusion: The WSBA needs a substantial technology overhaul if the association is to provide the services members want.

Board members voiced concerns that new equipment and software would also become outmoded by future developments. Ms. Sunn indicated that the commercial products she wanted to use generally included routine upgrades as part of the package. However, she agreed that even if the WSBA is able to achieve greater business efficiency with new equipment and software, there will still be a need for significant technology staff at the Association.

Ms. Sunn presented basic timelines, cost estimates, and possible alternatives for separating financial data and core membership data, and developing a separate system for each. She asked the BOG to allow her to develop a detailed presentation for the January 2002 meeting. By a vote of 12-0 the board agreed.

As the WSBA Board of Governors meets around the state, the Local Hero Award is presented to a lawyer in that area who has made noteworthy contributions to the community.

In September, Laura L. Jaeger was presented with the award. Ms. Jaeger, a sole practitioner in Federal Way, is well-known for her deep commitment to community service. When in high school, Ms. Jaeger began tutoring in the High Point Housing Project — something she continues to do to this day. She organized a Habitat for Humanity project for WSTLA, and took a family vacation to California to work on a Habitat house. For the past 15 years, Ms. Jaeger has supported three children through the Christian Children’s Fund, exchanging letters and providing cash and gifts for them. She donates clothing to the YWCA and Dress for Success program to help low-income working women. Each Thanksgiving and Christmas, Ms. Jaeger and her children assist with food service at the Strand helpers in Seattle’s Pioneer Square.

At October’s meeting in Vancouver, Richard A. Melnick received the award. Mr. Melnick is a Clark County senior deputy prosecutor responsible for the drug unit. He was instrumental in creating a drug court for Clark County Superior Court in 1999. A youth soccer coach for the past eight years, Mr. Melnick is a board member for the Prairie Soccer Club and the T.O.D.A.Y. Foundation, a youth-sports scholarship foundation. He has chaired several Hockinson Public Schools bond and levy committees, and served as coach to the high-school mock-trial teams. Mr. Melnick is a long-time volunteer at St. Joseph’s Sausagefest fundraiser for the St. Joseph’s parish school. For the last 15 years, he has volunteered at the Vancouver restaurant Chronis’s, serving Thanksgiving dinner to homeless families.

January 18-19, 2002 – Olympia, WA

April 5-6, 2002 – Walla Walla, WA

May 10-11, 2002 – Stevenson, WA

With the exception of a one-hour executive session the morning of the first day, BOG meetings are open, and all WSBA members are welcome to attend. RSVPs are appreciated, but not required. Please contact Lori Lee at 206-727-8244 or loril@wsba.org.

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