May 2001

The Board's Work

by Mark A. Panitch
Bar News Editor

La Conner (April 6-7) — After months of difficult and often heated negotiations and debate over additional seats on the Board of Governors for underrepresented segments of the Bar, the BOG finally held what may be called a "routine" meeting.

As readers of this column will remember, the BOG created two "at-large" seats at the February meeting. BOG members continued debating how the seats would be filled at the last meeting. Creation of additional seats on the BOG requires amendment of the WSBA Bylaws. Those amendments were introduced and will be voted on at the next meeting, May 4-5 in Coeur d'Alene, Idaho. The proposed amendments can be read on the WSBA Web site at www.wsba.org/info/bylaws/. Additional information on the "at-large" seats can be found in the FYI section (p. 54) of this issue. Details on applying for the new positions will be carried in the June issue of Bar News.

WSBA Disciplinary Counsel Barrie Althoff presented the new Washington Lawyer Discipline Manual, which includes the year 2000 Annual Discipline Report.

The three-part manual includes Washington Rules for Professional Conduct, lawyer discipline, and standards and policies from the ABA, the Board of Governors and the WSBA Disciplinary Board.

The manual also provides an organizational chart, a grievance flow chart, aspirational timelines, and the options available to review committees, hearing officers and the Disciplinary Board.

The last portion of the manual is the 2000 disciplinary report that includes several charts and graphs illustrating various aspects of the disciplinary process. Not surprisingly, family law — among all practice areas — produced the most complaints and grievances.

Althoff reported a 32 percent increase in the number of grievances filed, but stated that his office is staying current with investigations. As of January 1, 2001 there was no case pending uninvestigated prior to September 2000.

WSBA Legislative Liaison Gail Stone reported that the Legislature will soon pass a constitutional amendment allowing elected and retired judges from any court to be appointed as judges pro tem to hear cases in any other court in the state, subject only to defense counsel being allowed an extra judicial challenge.

In a nod to the lighter side, the BOG also heard that an act to allow trusts for nonhuman animals was near passage. Sponsors argued that many pet owners are deprived of the ability to provide for their animals after death. Common law does not recognize trusts for the benefit of nonhuman animals. The act carried only one significant amendment — that it only apply to vertebrates.

The board approved a resolution endorsing reduced sentences for nonviolent drug transactions. The legislation that the board supported would reduce the state sentencing guidelines by one level, with the assumption that any money saved on incarceration would be available for drug treatment. The real issue before the board, though, was whether changes in the drug laws were within the purview of the board. After consultation with counsel, the board determined that changing drug laws related to the board's concern for the administration of justice.

WSBA President Jan Eric Peterson reported on the Western States Bar Conference, noting that Washington seems to be "ahead of the curve" in looking at the "technology future" for the practice of law. He discussed such issues as cybersettlement, LMOs (Law Maintenance Organizations — like HMOs for legal services), desktop lawyering and laptop bar exams.

• The Idaho Bar has created a "Citizens' Academy" of law with students attending a 2-1/2 hour session for 12 weeks. Despite the heavy schedule there is "lots of enthusiasm."
• The Montana Bar is developing a "rookie camp" for new attorneys to provide some instruction in how to be a lawyer after three years of learning how to be a law student.
• Every bar is struggling with the issue of diversity. A survey presented at the Western States Bar Conference showed that:
  • 97 percent of lawyers are white; 
  • 32 percent of the population are people of color;
  • Attorneys now have the highest suicide rates among professionals;
  • 72 percent of the population will use an attorney's services one to five times during their lives.

The board heard a report that Idaho and Oregon are moving forward on the issue of reciprocity among the three states. It was reported that the Idaho Supreme Court has informally agreed, and the official reciprocity rule is just waiting for the justices to sign the final rule. The Oregon Supreme Court is expected to enact that state's reciprocity rule before early summer as well.

Retired Judge Donald Horowitz, representing the Access to Justice Board, reported on a plan to create an Access to Justice Technology Bill of Rights, with the objective of providing increased opportunities and reducing barriers to access technology.

The basics of the report include a belief that developments in information technology and information systems "pose significant challenges to full and equal access to the justice system." To accomplish its goals, the ATJ board lays out a full program involving a designated justice of the Washington Supreme Court, all three law schools, Columbia Legal Services, the Northwest Justice Project, and the Berkman Center for Internet and Society at Harvard Law School.

Judge Horowitz also reported that he is working nearly full time on the project, and that a family foundation that he manages will contribute $25,000 to the project.

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