August 2007
The Board’s Work
by Amee Tilger
Wenatchee, June 1, 2007
At its June meeting, the WSBA Board of Governors elected and appointed a number of individuals to positions on the Board and various committees. Seattle attorney Mark A. Johnson was unanimously elected as President-Elect for 2007-2008. The Board also elected a new governor for an at-large seat. After hearing candidate presentations from Brenda Williams, Janice Smith-Hill, Dennis Morgan, and Carrie Coppinger Carter, the Board elected Brenda Williams to the at-large seat. Kathleen O’Sullivan was appointed to serve as a member of the Commission on Judicial Conduct. The Board of Governors also selected three representatives to the ABA House of Delegates, one of whom was required to be a lawyer 35 years old or younger. James Williams was re-appointed as a delegate, as well as Deborah Perluss and Michael Pellicciotti, who was selected as the young lawyer delegate. The Board voted to support Governor Kristal Wiitala for appointment to the Public Records Exemption Committee. Regarding special appointments, President Ellen Conedera Dial raised the issue of how to best select candidates for these positions, balancing increased opportunities for participation with the president’s flexibility to appoint. After some discussion about increasing candidate diversity and targeting those in specific practice areas, the Board decided to post these positions to create a pool of candidates from which the president could choose, subject to approval by the Board.
The Board heard reports on several important proposals. Jon Ostlund, George Yeannakis, and Bob Boruchowitz, with the Committee on Public Defense, presented a final report on two proposals. On behalf of the Committee on Public Defense, Mr. Yeannakis asked the Board to approve its proposed changes to Juvenile Court Rule (JuCR) 7.15 regarding waiver of right to counsel for adoption by the Washington State Supreme Court. Proposed JuCR 7.15 would require an attorney to review the waiver of right to counsel form with a juvenile before the court could accept the waiver as knowing, voluntary, and intelligent. Discussion ensued about such issues as the waiver form’s comprehensibility for the target age group, the need for a court’s colloquy with defendants, potential conflicts regarding representation of co-defendants, and training of defense attorneys working in juvenile court. The Board ultimately approved the proposed changes to JuCR 7.15, and the proposed rule will be submitted to the Supreme Court for consideration.
On behalf of the System Efficiencies and Legislative Changes Subcommittee, Mr. Boruchowitz proposed three recommendations for system improvement: the implementation of a two-track system for contempt of court proceedings in child-support matters; expansion of the use of diversion programs; and a five-part recommendation regarding the criminal justice system’s dealings with unrepresented persons. After some discussion about the applicability to private practitioners, Governor Peter Karademos suggested postponing consideration of the first proposal to the July meeting to refer it to the Family Law Section Executive Committee for review and comment, to which the Board agreed. The second proposal regarding diversion was passed unanimously. However, the third proposal garnered considerable discussion about the burdens placed on judges by the recommendations and the propriety of mandating training. Governor Sal Mungia suggested removing the recommendation for increased disciplinary action against judges for failing to enforce court rules and encouraging training rather than mandating it, and the Board approved the third recommendation with those changes.
Director of Regulatory Services Jean McElroy reported on the MCLE Board’s widely broadcasted proposed amendments to APR 11, which the Board approved. Proposed amendments include changes regarding closed in-house CLEs, the ratio between live and self-study CLE credits allowed, and the expansion of CLE topics for accreditation.
The Board also revisited its proposed Conflict of Interests Policy. Even after revisions by General Counsel Bob Welden, questions remained about the definition of “immediate family” and how the definition could be clarified. The Board voted to postpone consideration of this issue to the July meeting for revisions.
The Board voted to approve the replacement of the Storage Area Network (SAN) upon which the WSBA office relies. The replacement was more costly than anticipated, but was much needed, as the SAN is the storage facility’s backbone. It is anticipated that this update can be relied upon for the next four to five years.
At the meeting’s conclusion, the Board presented Immediate Past President Brooke Taylor with a token of appreciation for his work on the Executive Director Search Committee.
Amee Tilger is a member of the WSBA Editorial Advisory Board and a deputy prosecuting attorney at the Chelan County Prosecutor’s Office in Wenatchee. She has worked in the district court division for three years. A Gonzaga University Law School graduate, Ms.Tilger clerked for the Chelan County Superior Court prior to working for the Prosecutor’s Office. She and her family live on the other side of the river (“the side with the better view!”) in East Wenatchee.
