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November 2005FYIBoard for Judicial Administration, Court Independence Response Team The WSBA Board of Governors is accepting letters of interest from members interested in serving a three-year term on the Board for Judicial Administration’s Court Independence Response Team (CIRT). The membership of this committee will consist of judges from municipal, district, and superior courts; court administrators; representatives of cities and counties; city and county attorneys; the WSBA; the ACLU; public defenders; and the Attorney General’s office. The CIRT will be a forum for discussion and resolution of issues that arise between a court and the executive or legislative authority in the court’s jurisdiction. The WSBA will nominate a representative based on demonstrated familiarity with their constituency and his or her willingness to work cooperatively to address issues that may arise between the judiciary and other government branches. The Washington State Supreme Court Chief Justice will make the appointment. The committee will meet once annually and at other times as is necessary. Please submit a letter of interest and résumé to the Office of the Executive Director, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail barleaders@wsba.org. Bench-Bar-Press Committee of Washington The WSBA Board of Governors is accepting letters of interest and résumés from members interested in serving a three-year term on the Bench-Bar-Press Committee of Washington. A written expression of interest and a résumé are also required for any incumbent seeking reappointment. The three-year term will commence on February 1, 2006. The Bench-Bar-Press Committee was formed in 1963 to foster better understanding and working relationships among judges, lawyers, and journalists. Its mission is to reconcile, as much as possible, the tension between the constitutional values of a free press with those of a fair trial through educational events and relationship building. The committee is chaired by the Washington State Supreme Court Chief Justice and includes representatives from the legal profession, judiciary, law enforcement, and news media. The committee meets as a whole once or twice each year. Subcommittees of volunteers are organized on an ad hoc basis to plan events. Further information about the committee can be found at www.courts.wa.gov. Please submit a letter of interest and résumé to the Bar Leaders Division, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail barleaders@wsba.org. WSBA Ethics Opinions Now Searchable Online The WSBA announces the availability of a new online search tool for Washington ethics opinions. Lawyers can now search both formal and informal WSBA ethics opinions at http://pro.wsba.org/io/search.asp. Opinions can be searched by number, year issued, ethical rule, subject matter, or keyword. Ethics opinions are issued by the WSBA to assist members in interpreting their ethical obligations in specific circumstances. The opinions are the result of study and analysis in response to requests from WSBA members. For assistance, call the Ethics Line at 800-945-9722, ext. 8284, or 206-727-8284. Legal Foundation of Washington Names New Executive Director The Board of Trustees of the Legal Foundation of Washington (LFW) announced that Caitlin Davis Carlson will serve as executive director of the LFW beginning December 1, 2005. Ms. Carlson has served as associate director of the LFW for the past two years, and has broad experience in grant making, raising funds, and running a nonprofit from her service as membership and development officer at the King County Bar Association and from her consulting work. Thinking of Changing Your Status? Consider Emeritus APR 8(e) creates a limited license status of Emeritus for attorneys otherwise retired from the practice of law to practice pro bono legal services through a qualified legal services provider. A qualified legal services provider is a not-for-profit legal services organization whose primary purpose is to provide legal services to low-income clients. There are no MCLE requirements (although attorneys may attend optional CLE seminars at no cost to stay apprised of changes in the law). The 2006 license fee for Emeritus status is $117. Under most circumstances, Emeritus attorneys can remain so indefinitely without having to retake the bar exam if they return to active status. Volunteering for a qualified legal services organization allows you to control your own schedule. Most importantly, the Emeritus program provides an opportunity for attorneys to give something back to their communities by helping those who are less fortunate. “Pro bono representation of clients as an Emeritus attorney is truly a different experience from similar pro bono work done as an adjunct to a private practice,” says Emeritus attorney Don Ericson of his experience. “[T]he time element is totally different. Meetings are, for the most part, relaxed, with time to get to know the family background, to understand why decisions are made, and to help the client understand the implications of those decisions. I thank the Emeritus program for giving me this experience — a real example of ‘psychic income.’” Qualified legal service organizations include Columbia Legal Services, a statewide legal services program; Northwest Justice Project, a central statewide point of access for clients; specialized legal services programs (such as Northwest Women’s Law Center, Unemployment Law Project, and others); and county volunteer attorney programs. These organizations exist in most counties and offer a variety of volunteer opportunities, such as direct representation, mentoring, advice and self-help clinics, telephone advice, document preparation, and membership on a volunteer board of directors for a qualified legal services provider. Emeritus status also allows for pro bono services for criminal cases through some public defender agencies. The WSBA will do its best to find the right fit for each attorney’s legal expertise, interest, and schedule. An Emeritus training session has been scheduled for January 18, 2006, at the WSBA office. This training is a requirement for changing to Emeritus status and will provide an opportunity to meet qualified legal services providers. Travel expenses will be reimbursed. For more information about the Emeritus Program, contact Sharlene Steele, WSBA access to justice liaison, at 800-945-WSBA, ext. 8262 or 206-727-8262, or e-mail sharlene@wsba.org. Washington Attorneys with Disabilities to Reactivate A group of Washington state attorneys with disabilities is planning to reactivate an interest group and/or bar organization beginning this fall. If you are interested in becoming an active and dynamic member of this group, want to meet other attorneys with disabilities, and learn more about ADA and other issues of interest to attorneys with disabilities, we will be having an organizational meeting in November. In addition to having regular meetings, we plan to hold a kick-off reception, offer CLEs and seminars, and conduct a survey of Washington attorneys with disabilities. For more information, please contact Shawn Murinko at Spokane City Prosecutor’s Office, 909 W. Mellon Ave., Spokane, WA 99201-2129; phone 509-835-5988; e-mail smurinko@spokancity.org; or contact Joslyn K.N. Donlin, diversity advocate, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330; phone 206-727-8216; or e-mail joslynd@wsba.org. New MCLE Compliance Report in 2006 License Packets All active members who are not due to report MCLE compliance at the end of this year, including new admittees, will receive a new report — the C4/C5 form — in their 2006 licensing packets. APR 11.6(a)(3) requires that the WSBA provide an annual report to all active members regarding the credits and courses posted to their MCLE online rosters. This new report will help non-reporting active members to better track their credits, ensuring correct reporting and compliance at the end of their reporting period. If you receive the new C4/C5 form in your 2006 license packet, it is for your information only. No action needs to be taken. To make corrections to your WSBA MCLE roster, go to http://pro.wsba.org. Click on the “Member” tab, and then on “Member Login.” The online instructions will lead you through the process of creating a password and using the system. Help is available online. You can also contact the WSBA Service Center at 800-945-WSBA, 206-443-WSBA, or e-mail questions@wsba.org to have corrections made or request an MCLE system instruction booklet. MCLE Certification for Group2 (2003-2005) — Complete Credits by December 31, 2005 Active WSBA members in MCLE Reporting Group 2 must report compliance with MCLE credit requirements for the 2003-2005 reporting period at the end of this year. Members in Group 2 include active members who were admitted to the WSBA in 1976-1983 or in 1992, 1995, 1998, or 2001. (Members admitted in 2004 are also in Group 2 but are not due to report until the end of 2008. Their first reporting period will be 2006-2008, but any credits earned on or after the day of admittance to the WSBA may be counted for compliance.) If you are a Group 2 member, you will receive a Continuing Legal Education Certification (C2) form in the license packet that will be mailed to you at the beginning of December. The C2 form, not your online profile, is the official record of MCLE compliance. This form is an affidavit that lists all WSBA-approved courses that were on your 2003-2005 MCLE online profile at the beginning of October 2005. If you have taken other classes since the C2 was printed and they are all listed in your online profile, you may print and attach a copy of the online profile to the C2 form. Indicate on your C2 form that the attached profile is the true and correct record of the courses taken for the reporting period. Alternatively, you may simply add the additional WSBA-approved courses you took to the back of the C2 form (the C3 form). The deadline for completing the C2 form and returning it to the WSBA is February 1, 2006. All WSBA-approved courses you list on your C2 form must have an Activity ID number. This number is listed on your online MCLE profile and is assigned at the time the Form 1 for each course is reviewed. If you have taken courses that have not yet been approved by the WSBA, please submit Form 1s for these courses immediately to ensure that they are approved before your C2 is due. Form 1s submitted electronically (at http://pro.wsba.org) could take at least four weeks to process if they are submitted in October through February, due to high volumes. Paper Form 1s may take at least six weeks to process during the same period. If you submit a paper Form 1, you will be notified by mail of the Activity ID number assigned to it after the Form 1 is processed. If you have questions about the Form 1 process, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. See the section that follows for more information about MCLE compliance. MCLE Certification for Active Members Due Date for MCLE Reporting Group 1: Admitted through 1975, 1991, 1994, 1997, 2000, 2003, or 2006 Credit Requirements. The following credit requirements must be met by December 31 of the last year of an active member’s reporting period: • At least 45 total credits of WSBA-approved CLE activities must be taken, which need to include a minimum of 30 live credits and six ethics credits. Carry-over CLE Credits. Carry-over credits from the previous reporting period may be used to meet the requirements of the current reporting period. If your current reporting period credits total exceeds 45, you may carry over a maximum combined total of 15 credits to your next reporting period. Only two ethics credits and five A/V credits may be carried over. C2 Reporting Requirement. All active members due to report are required to file a Continuing Legal Education Certification (C2) form with all CLE courses taken for credit compliance. The deadline for filing your C2 form is February 1 of the year following the end of your reporting period. Note: • Your online roster is not a substitute for filing the C2 form. MCLE Late Fees. All active members who have not completed their credits by December 31 of the last year of their reporting period, or who submit their C2 reporting forms after March 1 of the following year (the end of the grace period after the February 1 deadline), must pay a late fee of $150. The late fee increases by $300 for each consecutive three-year reporting period of noncompliance. Newly Admitted Members. If you are a newly admitted member, you are exempt from reporting CLE credits for the year of your admission and the following calendar year. If you were admitted in 2004, you will not report for this reporting period (2003-2005) even though you are in Group 2. You will first report at the end of the 2006-2008 reporting period. When you report at the end of your first reporting period, you may claim all CLE credits earned on or after your date of admission to the WSBA. MCLE Comity. If you are an active member of the WSBA and your primary office for the practice of law is in Oregon, Idaho, or Utah, you may meet your Washington mandatory CLE requirements by providing proof of current MCLE compliance from the Oregon, Idaho, or Utah state bar. Only a Certificate of MCLE Compliance from your primary state bar (not a “Certificate of Good Standing”), sent with your WSBA C2 form, will satisfy your MCLE requirements in Washington. MCLE System – Course Listing and Member Profiles. Members may use the online MCLE system at http://pro.wsba.org to: • Review courses taken and credits earned. To use the MCLE system, go to http://pro.wsba.org, click on the “Member” tab, then select “Member Login.” The online instructions will lead you through the process of creating a confidential password and using the system. Online help is available. If you have any questions about using the MCLE system or about the MCLE compliance requirements, see the online FAQs at www.wsba.org/lawyers/licensing/faq-mcle.htm, call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. 2006 License Fee Renewal Packets The 2006 license fee renewal packets are scheduled to be mailed in early December. Please call the WSBA to request a duplicate packet if you have not received yours by December 31, 2005. (Please note: If you list a home address as your public contact address, that address will be provided as your contact information to all inquirers.) APR 13(b) requires all attorneys to update their office addresses and telephone numbers within 10 days of a change. APR 13(c), which went into effect September 1, 2005, provides as follows: “Electronic mail address: An attorney should advise the Washington State Bar Association of a current business electronic mail address if one exists. An attorney whose business electronic mail address changes should, within 10 days after the change, notify the Executive Director of the Washington State Bar Association, who shall forward changes weekly to the Office of the Clerk of the Supreme Court for entry into the state computer system. Use of electronic mail addresses for court notice, service and filing must comply with GR 30.” You can check your contact information by going to the online lawyer directory at http://pro.wsba.org. If your contact information has changed, please update the information by e-mailing questions@wsba.org, faxing the change to 206-727-8319, or calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. All requests for contact information changes must be made directly by the member or with the member’s approval. Judge Faye C. Kennedy Memorial Law Scholarship Established A memorial scholarship has been established on behalf of the late Washington State Court of Appeals Judge Faye C. Kennedy at the University of Idaho College of Law. Judge Kennedy, who passed away on September 16, was elected to Division I of the Court of Appeals in 1990, becoming one of the first women at the appellate level in Washington state. In 2004, Judge Kennedy received the Judge of the Year Award from King County Washington Women Lawyers. She is remembered as a trailblazing attorney and a kind and generous person. Gifts should be mailed to: University of Idaho c/o Gift Administration Office, PO Box 443147, Moscow, ID, 83844-3147. Checks should be made out to the University of Idaho Foundation. Please indicate that your gift is being sent in Judge Kennedy’s memory. New Sexual Orientation and Gender Identity Section Considered This notice is posted pursuant to the WSBA Bylaws, Article IX, “Sections,” regarding a six-month prior notification of intent to establish a new Sexual Orientation and Gender Identity Legal Issues Section. For more information, please contact Rachel da Silva at 360-943-6260, ext. 203, or e-mail rachel.dasilva@columbialegal.org. Computer Clinic The WSBA offers a hands-on computer clinic for members wanting to learn more about what Microsoft Office programs — such as Outlook, PowerPoint, Excel, and Word, as well as Adobe Acrobat 6.0 — can do for a lawyer. Are you a total beginner? No problem. The clinic teaches helpful tips you can use immediately. Computers are provided, and seating is limited to 15 members. There is no charge, and no CLE credits are offered. The next clinic will be held on January 9, 2006, from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237 or peter@wsba.org. More LOMAP Events LOMAP hosts a meeting of contract lawyers the first Tuesday of each month. The next meeting will take place December 6 from noon to 1:30 p.m. at the WSBA office. The November dates for “LOMAP & Ethics … on the Road: The 2005 Traveling Seminar” are November 2 in Everett, November 14 in Tacoma, and November 16 in Tukwila. Registration is $79, and each seminar has been approved for four CLE credits, including two ethics credits. For more information, contact Julie Salmon at 206-733-5914 or juliesa@wsba.org. Job Seekers Discussion Group Looking for a job or making a transition? Join us at the Job Seekers Discussion Group the second Wednesday of each month from noon to 1:30 p.m. The group discusses where to look for jobs, how to use your network of contacts, strategies for résumés and cover letters, and how to keep yourself organized and motivated. Exchange information and ideas with other lawyers looking to make a change. Come as you are — no need to RSVP. For more information contact Rebecca Nerison, Ph.D. at 206-727-8269 or rebeccan@wsba.org. Washington Employment Lawyers Association The Washington Employment Lawyers Association (WELA) encourages practitioners to identify cases on appeal and to submit requests to WELA to appear as amicus curiae in state or federal cases. WELA’s mission is to enforce and advance employee rights, in recognition that employment with fairness is fundamental to the quality of life. Please contact WELA Amicus Committee Chair Jeffrey Needle at 206-447-1560, and check the website at www.welaweb.org. Estate Planning and Probate Titles Coming from WSBA-CLE Publications WSBA-CLE is releasing three new titles providing definitive coverage of estate planning, probate, and wills in Washington. Scheduled for release in November are the Washington Estate Planning Deskbook and Washington Probate Deskbook, edited by Thomas R. Andrews, Professor of Law, University of Washington School of Law; John R. Price, Of Counsel, Perkins Coie; and Mark Reutlinger, Professor Emeritus of Law, Seattle University School of Law. In addition, WSBA-CLE is honored to be publishing a new revised edition of Professor Reutlinger’s popular Washington Law of Wills and Intestate Succession. To view complete tables of contents or order online, go to http://store.yahoo.com/wsbastore. To order by phone, call the WSBA Service Center at 800-945-WSBA or 206-727-8278. Lawyers Helping Hungry Children Since 1991, Lawyers Helping Hungry Children (LHHC), an all-volunteer organization of members of the legal community and other concerned citizens, has distributed more than $500,000 to various Washington organizations that feed hungry children. This year, with a fundraising goal of $50,000, the group is partnering with Tortuga Coffee Company to raise needed funds. Sold online at www.tortugacoffee.com, $4 to $10 per bag purchased in LHHC’s name will be donated to LHHC. For more information about LHHC, call 206-292-5858. LAP Solution of the Month: Job Satisfaction Do you look forward to going to work? If not, why not? If you’re unhappy at your job but don’t know what to do about it, call the Lawyers’ Assistance Program at 206-727-8268 to schedule a free, confidential consultation. Life is short — enjoy it! Upcoming Board of Governors Meetings December 9-10 — Bremerton; January 13-14 — Olympia; March 3-4 — Seattle. With the exception of a one-hour executive session the morning of the first day, Board of Governors meetings are open, and all WSBA members are welcome to attend. RSVPs are appreciated but not required. Please contact Donna Sato at 206-727-8244 or donnas@wsba.org. The complete Board of Governors meeting schedule is available on the WSBA website at www.wsba.org/info/bog/schedule.htm. Usury Rate The average coupon equivalent yield from the first auction of 26-week treasury bills in October 2005 was 4.002 percent. Therefore, the maximum allowable usury rate for November is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm.
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