August 2008

The Board’s Work

by Michael Heatherly

June 6, 2008 — Vancouver, Washington

An effort to replace judicial elections with a commission-selection system was rejected by the WSBA Board of Governors after a lengthy, lively debate at the June 6, 2008, meeting in Vancouver, Washington.

As addressed in an April 2008 special edition of Bar News, the majority of a Judicial Selection Task Force established by the BOG in 2006 favored switching to a commission-selection system. However, a vocal minority of the task force strongly advocated for retaining elections. Both groups filed reports, leaving the BOG to choose one as its official position.

In testimony before the BOG, Nicholas Corning, a task force member who supported the minority position, maintained that Washington is renowned as a populist state and citizens would not easily sacrifice their right to vote for judges. Rowland Thompson, another task force member who supported the minority position, warned that if a measure to replace judicial elections were to arise in the Legislature or as a voter initiative, it would trigger opposition from businesses and other interest groups and cost proponents a fortune to support. The remarks by Thompson, who is executive director of Allied Daily Newspapers of Washington, prompted comments to the effect that the type of political pressure to which he alluded is exactly what tarnishes judicial campaigns.

Governor David Heller, whose wife is a judge, argued that running for office makes one a better judge. He cautioned that taking away the public’s right to vote for judges would lend credence to the notion of the legal profession being elitist. Governor Anthony Butler remarked that replacing election with an appointment system is something that should be initiated by the Legislature rather than the Bar.

Governor Heller moved to adopt the task force’s minority report. The motion passed 10–3, with Governors Doug Lawrence (who authored the majority report), Peter Karademos, and Edward Shea Jr. dissenting. During deliberation on the issue, Shea had noted his discomfort with the political ugliness that had crept into judicial elections in recent years. Heller and other supporters of elections countered that such measures as public campaign funding and better voter education would address that concern.

Proponents of a commission-appointment system had noted that even under the existing election system, a majority of judges arrive on the bench via appointments to fill seats vacated in mid-term. Such judges are rarely challenged in elections thereafter. They further pointed out that voters tend to refrain from voting in judicial races and argued that citizens are poorly informed about judicial candidates, partly because of the ethical rules restricting candidates’ comments on specific legal issues. Proponents also contended that the aggressive fundraising and mud-throwing tactics of modern campaigns undermine the independence and dignity of the bench.

In other business, the BOG voted Governor Salvador Mungia as president-elect for 2008–09. Fellow Governor Eric de los Santos also contended for the position. After presentations by both candidates the BOG voted by secret ballot to elect Mungia, a partner in Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim in Tacoma who has been active for many years in the WSBA as well as other legal and community organizations. Meanwhile, the BOG selected Seattle attorney Anthony Gipe to replace de los Santos, whose three-year governor-at-large term will expire in September. The Board voted after hearing presentations from Gipe and two other candidates, Nancy Ivarinen of Bellingham and Roger Leishman of Freeland.

Meanwhile, WSBA President Stan Bastian introduced the four additional incoming governors already selected for 2008–09. They will replace four governors whose three-year terms will expire in September. The incoming governors are: Loren Etengoff of Vancouver, Washington, replacing Kristal Wiitala in the 3rd District; Patrick Palace of Tacoma, replacing Salvador Mungia in the 6th District; Catherine Moore of Seattle, replacing Liza Burke in the 7th-East District; and Brian Comstock of Bellevue, replacing Douglas Lawrence in the 8th District. All the new governors and other 2008–09 officers will be sworn in at the BOG annual meeting on September 18. (Bar News will publish profiles of the new office holders, including incoming President Mark Johnson, in the October issue.)

The Board voted to continue covering a portion of the administrative costs to support the WSBA sections from license fees while reducing the subsidy by gradually increasing the per-member fee each section pays the WSBA over the next three years. The Board adopted a formula for calculating the per-member fee which will be used in subsequent years.  The move is part of an effort to provide the sections with greater transparency and predictability of administrative costs, as well as reduce WSBA general fund expenses in the face of projected revenue shortfalls. For fiscal year 2009, the per-member charge will increase from $8 to $10. The charge will increase further in graduated steps through fiscal year 2011, with the license fee subsidy decreasing from 41 percent of section costs to 25 percent.

The governors also approved a bylaw amendment under which the agreement between the WSBA and the editor of the Bar News may carry up to a four-year term and may be renewed for up to four additional years. Previously, the Bar News editor’s agreement had no set term. The change is part of an effort by the BOG and the Editorial Advisory Board to improve oversight of the editor’s position while also promoting continuity. Other measures include establishment of a consistent evaluation system for the editor and revision of the long-out-of-date editorial handbook.

Finally, the BOG re-appointed the existing members of the WSBA Legislative Committee and filled three vacant seats. The new members are Taudd Hume of Spokane, Michael Guadagno of Seattle, and Sally Savage of Pullman. The Board also re-appointed the Honorable S. Brooke Taylor and Ronald Ward as WSBA representatives to the American Bar Association House of Delegates and appointed two new delegates, Phillip Ginsberg and Lish Whitson, both of Seattle. 

Bar News Editor Michael Heatherly practices in Bellingham and can be reached at 360-312-5156 or barnews
editor@wsba.org.