March 2002

The Board's Work

by Mark A. Panitch, Bar News Editor

Olympia (January 18-19) — The January Board of Governers' (BOG) meeting emphasized routine but vital issues of internal governance. Reports covered the annual closed-door meeting with the Supreme Court (Friday morning), information technology for the WSBA office, legislation status, and long-range planning. In addition, the board debated several issues related to the "war against terrorism," and discussed nominations for a number of committees.

The meeting was almost a respite after more than two months of furious activity and debate — including a special session held by conference call — over the WSBA's official position on drug-policy reform bills facing the Legislature.

The debate officially began at last November's BOG meeting with the presentation of a report calling for a medical — rather than purely punitive — approach to drug addiction and low-level drug use. The report was jointly developed by the King County Bar Association (KCBA), the Washington State Medical Association (WSMA), and the Washington State Pharmacists Association (WSPA).

The report argues that for most addicts, treatment rather than prison would save dollars at both ends of the process; the cost of incarceration is far greater than the cost of treatment; those who complete treatment are less likely to repeat offenses; and savings in prison and jail costs would pay for treatment programs. Governor Ken Davidson (1st District), who served as the liaison between the BOG and the KCBA, urged the BOG to support the KCBA position.

After intense debate, the BOG was unable to agree, and decided to table the issue until the January meeting. But on December 11, in a classic case of events overtaking process, WSBA President Dale Carlisle convoked a special BOG meeting by teleconference, so the WSBA could have a voice in the legislative debate, which was scheduled to begin before the next BOG meeting.

The result was a resolution that commended the KCBA, WSMA and WSPA for taking the lead on the issue; endorsed treatment without decriminalizing possession; called for using money saved from prison and jail sentences to pay for treatment; and retained criminal penalties for possession of large amounts of illegal drugs as well as violent crimes associated with illegal drug use.

Support by the BOG, the KCBA and other respected professional associations for drug-policy reform is a watershed event that marks a virtual 180-degree reversal of public policy. Several governors noted in debate that the "war on drugs" was a policy failure, while others argued that the driving force in drug-policy reform was the cost of keeping nonviolent offenders in custody. Both camps agreed that a change was due.

WSBA Director of Legislative Affairs Gail Stone reported there was wide support in the Legislature for drug-policy reform consistent with the WSBA position. She noted that bills in both houses clarify exactly how savings would be channeled into treatment, rather than simply being returned to the general fund. The BOG voted 11-0 to support the bills.

On other legislative issues, Stone reported that a bill allowing "expressions of sympathy" was scheduled for hearings in both houses. The bill allows alleged tortfeasors to apologize or express sympathy to victims without those words being an admission of liability in court. The bill is the culmination of an effort by Past-President Jan Eric Peterson to make litigation more civil and professional (see the May 2001 issue of Bar News, p.13). A Dispute Resolution Section representative voiced support for the bill, as did the Washington Defense Trial Lawyers Association and the Washington State Trial Lawyers Association. The BOG voted its support 11-0.

Governor Davidson reported that the Long-Range Planning Committee conducted a "zero-based" evaluation of sections and committees, and determined that the Resolutions, Legal Services to the Armed Forces, Legal Assistants, Interprofessional, Court Improvement, and Civil Rights committees should be phased out. The BOG agreed to sunset Court Improvement, Interprofessional, Legal Assistants and Resolutions at the end of this fiscal year. Further consideration will be given to the Civil Rights and Legal Services to the Armed Forces committees. The Consumer Protection Committee will be sunseted when the new Practice of Law Board is fully implemented. The committee proposed, and the BOG agreed, to establish a new committee called Public Information and Media Relations. WSBA Executive Director Jan Michels noted that there would be no conflict with the Bench-Bar-Press Committee, since it is a creature of the Supreme Court, and not the WSBA.

WSBA Director of Technology Maureen Sunn introduced Project Manager/Senior Systems Analyst Robert Levinson, who presented three alternatives regarding WSBA technology upgrades for BOG consideration:

1. the BOG release of $34,000 to retain a consultant for an infrastructure analysis, which will be needed regardless of which alternative the board chooses for a final system;

2. whether to develop new membership and financial software in-house or purchase an off-the-shelf system; and

3. whether to obtain integrated membership and financial software or acquire separate packages.

WSBA staff made the following recommendations on items two and three: purchase an off-the-shelf software package for both membership and accounting, and pursue a loose integration of the two. Staff reported that a request for proposal (RFP) will be issued, and after reviewing responses, a request for release of the remaining contingency funds will be made. Progress will be reported at the April BOG meeting (April 5-6). The governors did agree to release $34,000 from the contingency fund for a network infrastructure consultant.

Olympia lawyer David D. Cullen received the WSBA Local Hero Award in recognition of outstanding service to the residents of Thurston County. For 21 years, Mr. Cullen was a board member of the Thurston-Mason County chapter of the American Red Cross, serving as president from 1986 to 1993. Recently, he was instrumental in coordinating the chapter's September 11 relief efforts. He has been involved with the West Olympia Rotary for more than 20 years, and served as club president in 1993. Mr. Cullen is vice president of the South Puget Sound Estate Planning Council, and has been a member of the council for more than 20 years. Since 1999, he has served on the WSBA Disciplinary Board, which he now chairs. Mr. Cullen has practiced law in Olympia since 1973, focusing on business law, litigation and estate planning.