January 2001

The Board's Work

by Mark A. Panitch
Bar News Editor

Port Ludlow was the venue for the December Board of Governors meeting which saw progress on several Bar initiatives, the long overdue —and now unfortunately posthumous — admission of 1902 University of Washington law graduate Takuji Yamashita, and a step toward changing the fundamental nature of the first-year law school experience in this state.

Board members also enjoyed visiting the historic Jefferson County Courthouse and meeting with members of the Jefferson and Clallam County bar associations.

Despite a steller performance in law school and a "highly creditable" performance on the bar exam, Yamashita was denied admission to the bar because he wasn't a U.S. citizen. He was wasn't a U.S. citizen because Washington's attorney general could not figure out whether Japanese counted as white or "whitish" people, and only a "free white person" or (after the civil war) a person of "African descent or nativity" was eligible for citizenship. It was not until 1952 that Japanese immigrants were granted citizenship rights and 1973 before the Supreme Court struck down barriers against bar admission for resident aliens

Judge Ron Mamiya, representing the Asian Bar Association of Washington, and Lish Whitson, representing the UW law alumni association, made a moving presentation, describing Yamashita's lifelong struggle to overcome the racial barriers that were so common in the United States and Washington state.

Governor Stephen Henderson moved that the WSBA join with the UW law school and the Asian Bar Association to petition the Supreme Court for posthumous admission. Governor Jenny Durkan seconded. The BOG unanimously agreed to join in petitioning the Supreme Court to finally admit Yamashita.

Washington law students soon may no longer be heard mumbling "21 years plus a life in being" like a secret incantation or initiation rite. Mike Carrico of the Real Property, Probate and Trust Section reported that legislative amendment of The Rule Against Perpetuities was in the works. The amendment suggested by the RPPT would limit future generation-skipping trusts to 150 years. Governor Daryl Graves moved that WSBA sponsor the bill. The vote was 9-0 in favor. Bar traditionalists asked if The Rule in Shelly's Case would be next.

President Jan Eric Peterson reported that he had attended nine formal meetings or dinners; met with a labor representative regarding legislative funding for legal services; met with Bonnie Glenn, co-chair of the WSBA Diversity Committee and president of the Loren Miller Bar Association; wrote two Bar News columns; and was sued twice in his representative capacity. In addition, he noted that his Proud to be Lawyer initiative would be accomplished largely with volunteers, but those aspects of the plan needing funding would be presented to the Budget & Audit Committee and be subject to board approval.

President-elect Dale Carlisle, interim chair of the Member Benefits Task Force, reported that the MBTF would hold its first meeting in December.

Executive Director Jan Michels submitted a lengthy written report describing her attendance at an ABA "briefing session" for newer bar executives, detailing new bar admissions through new House Counsel (82) and reciprocity (109 admitted, 55 pending) rules, and providing information on the first WSBA broadcast e-mail (9,000 transmitted, the experiment was a success). In addition, she reported that our Supreme Court has ordered re-authorization of the Access to Justice Board and has ordered that our annual bar dues be increased. (See your licensing packet or the WSBA website at www.wsba.org/license-form.htm.)

Michels also reported that Michael Hoff has been hired as part-time addiction counselor in the LAP, Robert Maira (formerly assistant to Justice Bridge) has been hired as section liaison, and the WSBA charity auction netted over $3,000.

Public Legal Education. Judge Marlin Applewick and former Superintendent of Public Instruction Judith Billings reported that several programs are now underway, including: retired judges as counsel to teen courts; retired judge funding the purchase of 260 copies of the "Street Law" textbook; a gateway website; "law school for legislators" on January 5 with a "law school for media" to follow; a media guide on who to call for answers about the law; developing civics programs for schools; and making civics a core competency subject for high school graduation.

Reciprocity. Both Oregon and Idaho are looking at instituting reciprocity programs in the coming year. Some governors were concerned that Washington had created a loophole that allows anyone to apply for admission in Washington by first gaining admission to the Washington, D.C. Bar, which allows admission by motion rather than on a reciprocal basis.

WSBA General Counsel Bob Welden pointed out that there are significant financial "disincentives" for multiple bar admissions. The governors agreed to review the situation in six months and authorized the president to write a letter to the Oregon and Idaho bars supporting reciprocity.

Legal Services. The BOG restated its commitment to a $14.8 million state funding level for legal services. Among the options for funding suggested by Governor Locke's office are use of general fund dollars and an increase in court filing fees.

Project 2001/Court Improvement Committee. Project 2001 suggested a number of changes to court rules and practice and a constitutional amendment that would allow counties to use retired judges (statewide) and judges from courts of limited jurisdiction as pro tems on an almost unlimited basis. Kirk Johns, chair of the CIC, urged the BOG to oppose the concept without the addition of safeguards such as additional affidavits of prejudice or limits on jurisdiction. There was extended and lively discussion on this issue. District Judge Judith Eiler strongly urged approval. Governor Durkan recommended that the BOG use caution when dealing with constitutional amendments. After several unsuccessful efforts to modify or amend the recommendation, the BOG finally voted 5-4 to oppose the recommendation. Governors Graves, Thompson, Henderson and Hyslop voted to support the recommendation.