October 2001

President’s Initiatives

by Dale L. Carlisle, WSBA President

This is the first opportunity in 16 years for a Tacoma lawyer to speak to you as Bar president. I am honored to be chosen president, and am enthusiastic about serving you and the Association. This year I expect to work with WSBA staff, the Board of Governors, our members who volunteer for Bar committees and sections, and judges throughout the state. Together we can take steps to improve our justice system and benefit our clients and the public. This is my first chance to write a column in a regular publication since I was an editor and sports columnist for my high-school newspaper quite a few years ago. For several years, I have been reading columns in the Pierce County Bar News and Washington State Bar News written by the president of each organization. I have enjoyed these columns and have been educated by them. Apparently, bar presidents have the opportunity to entertain, educate, and encourage their members to action through the use of a monthly column. I expect I will do some of each over the year. Through this column, I hope to solicit your input and action on items that are currently being considered by the Association and its Board of Governors. Following are only some of the initiatives and projects that are under way. With your help and the help of the board, they will be completed in the next year.

During 2001, the Supreme Court will appoint a board to administer practice of law rules GR 24 and 25, which were adopted by the Supreme Court this year. Many committees and task forces of the Bar have previously approached this issue and failed to make significant progress. A broad-based committee suggested a definitional rule and, after review and comment from other parties, a rule creating a Practice of Law Board. The board, which will consist of 13 members, at least four of whom will be nonlawyers, will be appointed by the Supreme Court. The purpose of the board will be to accept and review complaints and concerns expressed by those who believe an unauthorized practice exists, and issue advisory opinions.

A second purpose of the board will be to review different areas of the law where a special license for a limited practice should be granted to a nonlawyer. The reason for this is to provide consumers with access to the court system, and assistance by someone who has special training and can expedite legal issues in an efficient and cost-effective way. An example of a current licensing system likely to serve as a model is the system for licensing real estate escrow officers to complete real estate forms. This licensing is now administered by the Supreme Court; however, after the Practice of Law Board commences its operation, limited practice officer licensing, along with any other licensing the board elects to address, will be administered under the direction of the WSBA.

It is the intent of the Board of Governors to suggest to the Supreme Court a list of potential nominees for positions on the Practice of Law Board. I would appreciate suggestions from Association members on potential nominees for the board, both lawyers and nonlawyers. The Board of Governors will also suggest regulations for the board to consider. We would like to have Practice of Law Board appointments completed by the end of the year, and hope that the board can commence its operation by the summer of 2002.

The centerpiece of the Board for Judicial Administration’s legislative "Project 2001" is a constitutional amendment to allow judges to move from county to county and court to court, increasing the usage of judges pro tem. This amendment, which will be on the November ballot as ESJR 8208, is discussed by Chief Justice Gerry Alexander in the article that begins on page 21. Our Court Improvement Committee, the Board of Governors, and many judges worked side by side to urge the state Legislature to pass this proposed constitutional amendment for placement on the November ballot. I believe we owe it to our clients, the courts and the public to educate as many people as possible and to help obtain the required votes to pass this amendment. I request that members, after reviewing Justice Alexander’s article and the amendment, find opportunities at programs, election presentations, and elsewhere to include speakers on this topic, including judges or members of our Court Improvement Committee. If you can’t find a speaker, please consider making a presentation yourself.

By the time you read this column, the Board of Governors will have expanded by two members. By having a 13-member board, we hope to communicate with as many members as we can throughout the state. To obtain input, we will continue to hold "listening lunches" at many of our Board of Governors’ meetings in different counties. Having broader-based membership on the board, coupled with "listening lunches," allows us to obtain as much input as we can and still make decisions on a timely basis. This varied input is my definition of diversity in our Association.

Thank you for spending your time in reviewing these comments and those that I will continue to report in the next 12 months. Your actions, suggestions, input and help are necessary for me to do this job well.

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