The Board's Work

by Michael Heatherly

WSBA Board of Governors Meeting
September 18–19, 2008 — Seattle

At the final meeting of the fiscal year, the WSBA Board of Governors dug into a full platter of issues, including a resolution on marriage and the law, the proposed legal technician rule, and the 2009 fiscal year budget.

In concluding a year-long discussion on marriage and the law, the Board unanimously approved a resolution supporting same-sex marriage in Washington. (The text of the resolution and commentary from WSBA President Mark Johnson and President-elect Salvador Mungia appeared in the November Bar News on pages 11–13.) The resolution is advisory only, documenting the BOG’s support for allowing same-sex couples to marry and have the same rights and responsibilities as married heterosexual couples. To date, no legislation has been proposed to extend marriage to same-sex couples in the state.

In a lengthy discussion preceding the vote, governors acknowledged that some WSBA members oppose the organization’s taking a stand on the issue because WSBA membership is mandatory and members are divided in their personal views on same-sex marriage. However, in drafting the resolution, the governors took the position that the issue of extending marital rights to same-sex couples affects the practice of law and the administration of justice, which justifies WSBA in taking a position under General Rule 12.1.

In voicing their support for the resolution, some governors lamented that bar associations in the past were sometimes slow to support efforts to protect and expand civil rights. President-elect Salvador Mungia cited anti-miscegenation laws and the internment of Japanese-Americans during World War II as examples. “We should be in the vanguard, not the rear guard,” he said.  Kristal Wiitala described the denial of marital rights to same-sex couples as “discrimination, pure and simple,” and praised the Board’s passage of the resolution as “an awesome thing.” Pete Karademos, representing District 5, the easternmost portion of the state, conceded that the majority of his constituents who commented were opposed to the Board’s adopting the resolution. Nevertheless, he voted in favor because “separate but equal is not good enough,” alluding to domestic-partnership law in Washington that provides some but not all of the legal protections afforded by marriage.

The BOG also took on what was perhaps the next most controversial issue of the year, a proposal to allow a new class of legal technician to carry out certain family law tasks that only licensed attorneys can perform under current law. The proposal was drafted by the Practice of Law Board, created in 2001 by the Washington State Supreme Court. The Court must decide whether to institute the proposal, but the WSBA was to evaluate the proposal and present its recommendation on passage or rejection to the Court. The issue is now before the Court for final decision. Proponents of the proposal maintain that it would make basic family law services available to a significant number of people who cannot afford normal lawyers’ fees. Opponents counter that emphasis and greater support of existing access to justice programs would accomplish the same end without having to establish a new class of professional. Opponents question whether enough people would complete the proposed legal technician training and licensing requirements to make the program worthwhile. Some also warn that such a program would be vulnerable to unscrupulous or incompetent practitioners. The issue has been discussed throughout the year and was the subject of special reports in the Bar News. After hearing testimony from both sides at the meeting, the BOG voted 9–3 to recommend the Court reject the proposal. Governors Doug Lawrence, Brenda Williams, and Eric de los Santos cast the dissenting votes.

Regarding finances, the Board approved a fiscal year 2009 budget that includes approximately $15.5 million in general-fund revenue and expenses, with a projected general-fund deficit of $285,867. The anticipated deficit is considerably smaller than the $1 million loss initially contemplated. The projected net cash flow is $379,239.

Besides fallout from the sagging national economy, a key budget concern among WSBA staff and BOG members is that the current below-market lease for the organization’s headquarters ends in 2016. The WSBA will then need to either relocate or negotiate a new lease for the current space. Either option is expected to result in significantly higher rent as well as moving or remodeling expenses.

To help maintain sufficient fiscal reserves, the BOG voted to recommend an increase in annual license fees for 2010 and 2011. For each of those years, the proposed fee is $450 for a regular WSBA member with six years or more of membership. This represents just over an eight percent increase from the 2009 fee of $415. Fees are lower for members with fewer years of service as well as those on inactive or emeritus status, although all include slight increases from 2009. The fee proposal will be submitted in December to the Supreme Court, which has final approval on fees.

In another budget-related measure, the BOG voted to recommend an increase in the application fee for the bar examination beginning with the July 2009 exam. WSBA expenses for the exams have escalated and will rise further when the Spokane site is added in 2010. WSBA policy is to keep the bar exam program financially self-supporting. Based on anticipated costs for 2009–2011, WSBA staff calculated that the fee for general applicants (those not already admitted to practice in any jurisdiction) would need to be increased from the current $460 to $585 for each of the three years in order to cover expenses. The fee for attorneys already licensed elsewhere, including those seeking Bar admission under reciprocity agreements, would be $620 (up from $485), while the fee for the two portions of the exam if taken separately would be $450 for the substantive section and $300 for the ethics section (up from $360 and $235, respectively). The examination fee does not include the background-screening fee also required of already-licensed applicants ($500 for foreign applicants and $250 for others). As with the annual license fee, the exam application fee must be approved by the Supreme Court.

In other business, outgoing WSBA President Stan Bastian swore in Jaime Hawk as president of the Washington Young Lawyers Division for 2008–2009. Hawk, based in Spokane, is an assistant federal public defender for the Eastern District of Washington. She has been involved in numerous service projects, including programs for the WSBA and the WYLD, as well as for the American Bar Association and its Young Lawyers Division.

The BOG voted to disband the WSBA Civil Rights Committee at the end of 2008 with the expectation that the group will be reconstituted as the Civil Rights Law Section at the start of 2009. As a section, the group would have greater flexibility in conducting programs and the capacity for a larger number of members to be directly involved.

Michael Heatherly is the Bar News editor and can be reached at barnewseditor@wsba.org or 360-312-5156. For more information on the Board of Governors and Board meetings, see www.wsba.org/info/bog.