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WSBA Presidential Search The WSBA Board of Governors is seeking applicants for the position of WSBA president for 2010–2011. Pursuant to Article IV (A)(2) of the WSBA Bylaws, the primary place of business of candidates for president for 2010–2011 must be King County. The WSBA member selected to be president will have an opportunity to provide a significant contribution to the legal profession. Applications for 2010–2011 WSBA president will be accepted through May 1, 2009, and should be limited to a current résumé, a concise application letter stating interest and qualifications, and no fewer than five or more than 10 references. The Board of Governors will consider endorsement letters received by May 15, 2009. Applications and endorsement letters should be sent to the WSBA Executive Director, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101. Direct contact with the Board of Governors is encouraged. All candidates will have an interview with the full Board of Governors in open session at the May 29, 2009, Board of Governors meeting in Yakima. Following the interviews, the Board will select the president. Although prior experience on the WSBA's Board of Governors may be helpful, there is no requirement that one must have been a member of the Board of Governors or had previous experience in Bar activities. The candidate must be willing to devote a substantial number of hours to WSBA affairs and be capable of being a positive representative for the legal profession. The position is unpaid. Some expenses, such as WSBA-related travel, are reimbursed. The commitment begins in June 2009 following selection. A one-year term as president-elect will begin at the Annual Business Meeting in September 2009. The president-elect is expected to attend the two-day board meetings held approximately every five to six weeks, as well as numerous subcommittee, section, regional, national, and local meetings. In September 2010, at the WSBA Annual Business Meeting, the president-elect will assume the position as president. During his or her service, the president-elect and president will also be required to meet with members of the Bar, the courts, the media, and public and legal interest groups, as well as be involved in the Bar's legislative activities. Appropriate time will need to be devoted to communication by letter, e-mail, and telephone in connection with these responsibilities. The duties and responsibilities of the president are set forth in the WSBA Bylaws. The Bylaws can be found at www.wsba.org/info/bylaws. Letters of Application Invited for the At-Large Young Lawyer Position on the WSBA Board of Governors Letters of application are invited for the At-Large Young Lawyer position on the WSBA Board of Governors. This at-large seat is a designated young lawyer seat. To be eligible for the position, a candidate must be a member of the Washington Young Lawyers Division (WYLD) through the election in May 2009. The elected governor will serve a three-year term, commencing on October 1, 2009. For full application and election details, see www.wsba.org/lawyers/groups/wyld. 2009 Notice of Board of Governors Election Four positions on the WSBA Board of Governors will be up for election this year. These are the governors representing the 1st, 4th, 5th, and 7th-West* Congressional Districts. These positions are currently held by Russell M. Aoki (1st District), Edward F. Shea Jr. (4th District), Peter J. Karademos (5th District), and Anthony L. Butler (7th-West District). The WSBA Bylaws provide that any member in good standing, except a member previously elected to the Board of Governors, may be nominated for the office of governor from the congressional district (or geographical region within the 7th District*) in which such member is entitled to vote. Nominations are made by filing a statement of interest and a biographical statement of not more than 100 words. Generally, members are entitled to vote in the congressional district in which the member resides. All out-of-state active WSBA members are eligible to vote in the district of the address of their agent within Washington for the purpose of receiving service of process as required by APR 5(e), or, if specifically designated to the executive director, within the district of their primary Washington practice. However, the member must reside in the congressional district to be eligible for election. Nomination forms are available from the Office of the Executive Director, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539; 206-727-8244 and on the WSBA website at www.wsba.org/info/bog. The WSBA executive director must receive nomination forms by 5:00 p.m. on March 3, 2008. The Board of Governors determines the official dates of the election. Ballots are mailed on or about April 15 and must be returned by May 15. Note: The biographical statements of nominated candidates will be published in the May issue of Bar News. *The 7th Congressional District is divided into three sub-districts, East, Central, and West. These sub-districts are distinguished by zip codes, and each has one elected governor. For the coming year, the west sub-district (zip codes are 98013, 98070, 98106, 98107, 98116, 98117, 98119, 98126, 98133, 98136, 98146, 98160, 98166, 98177, 98195, 98199) will elect a new governor. Mandatory Continuing Legal Education (MCLE Board) The WSBA Board of Governors is seeking applications from active WSBA members for appointment to the MCLE Board. One position is available, and members from any district may apply. This is a three-year term commencing October 1, 2009. The MCLE Board approves courses and educational programs that satisfy the educational requirements of the mandatory CLE rule and considers MCLE policy issues, as well as reporting and exception situations. Interested individuals should submit a letter of interest and résumé to WSBA Bar Leaders Division, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539; or e-mail barleaders@wsba.org. Notice of Hearing on Petition for Reinstatement of D. Willas Miller, WSBA No. 25454 A petition for reinstatement after disbarment has been filed by D. Willas Miller, who was suspended pending discipline on October 5, 2000, and disbarred on September 17, 2004. At the time of his suspension and disbarment, Mr. Miller practiced in King County, Washington. A hearing on Mr. Miller's petition will be conducted before the Character and Fitness Board on April 6, 2009. Not later than March 23, 2009, anyone wishing to do so may file with the Character and Fitness Board a written statement for or against reinstatement, setting forth factual matters showing that the petitioner does or does not meet the requirements of Admission to Practice Rule 25.5(a). Except by its leave, no person other than the petitioner or petitioner's counsel shall be heard orally by the Character and Fitness Board. Communications to the Character and Fitness Board should be sent to Robert D. Welden, General Counsel, WSBA, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539, or to bobw@wsba.org. This notice is published pursuant to APR 25.4(a). Seeking Questionnaires from Candidates for Judicial Appointments The WSBA Judicial Recommendation Committee (JRC) is accepting questionnaires from attorneys and judges seeking consideration for appointment to fill potential Washington State Supreme Court and Court of Appeals vacancies. Interested individuals will be interviewed by the Committee on the date listed above. The JRC's recommendations are reviewed by the WSBA Board of Governors and referred to the Governor for consideration when making judicial appointments. Materials must be received at the WSBA office by the deadline listed above. To obtain a questionnaire, visit the WSBA website at www.wsba.org/lawyers/groups/judicialrecommendation or contact the WSBA at 206-727-8212 or 800-945-9722, ext. 8212, or barleaders@wsba.org. New WSBA Civil Rights Law Section At their meeting on December 5, 2008, the WSBA Board of Governors approved the formation of a new section to be known as the Civil Rights Law Section. The section's interim leadership includes Tracy Flood, chair; Sharon Payant, vice chair; Mary Englund, secretary; and Patricia Paul, treasurer. The Civil Rights Law Section will be concerned with all aspects of law and policy related to the improvement of the legal practice in the substantive area of civil rights law. This includes, but is not limited to, violations of rights provided under the constitutions of United States and Washington state, federal and state statutes, local laws and regulations; criminal harassment and hate crimes; and immigration matters. Among other priorities benefiting its members, the section will sponsor continuing legal education on civil rights law and provide a network for communications with civil rights organizations throughout the state. The new section is an offshoot of the WSBA Civil Rights Committee (CRC) which has been the main WSBA entity whose primary focus is on civil rights law. An active subcommittee of the CRC, chaired by Patricia Paul, completed the various requirements for the Board of Governors' approval of the new section. Other CRC subcommittee members included Wilberforce Agyekum, Tracy Flood, Molly Maloney, and Sharon Payant. Banish Bad CLEs Forever Have you ever been to a CLE so terrible it makes you want to give up law and try your hand in real estate? Or been to one so good it renews your faith in your profession and puts an extra spring in your step? The MCLE Board wants to know! That dreary lecture that you slept through? Let us know! The fabulous presenter you want to invite to all your parties? We want to know about her, too. Our mission is to ensure that members get first-rate continuing legal education, and we need your help. In March, the WSBA will e-mail another online survey and invite members to ¬participate as an easy and anonymous way to tell the Board about good or bad CLE courses attended in the past year. In addition, you can e-mail Kathy Todd at kathyt@wsba.org regarding your thoughts on the recent CLEs you have taken. The Board has just revised the CLE rules and regulations, and our goal is that CLE presenters exceed these minimum standards. It's for your benefit, so let us know your thoughts. Rule 9 Task Force The Board of Governors authorized a Rule 9 Task Force to review the current rule and program and provide input for improvement. "Rule 9" refers to Admission to Practice Rule 9, which provides a qualified law student or recent graduate with a license for the limited practice of law as a legal intern under the supervision of a lawyer. The rule has not been fully reviewed or revised for many years, and the current effort is prompted by WSBA's strategic goal to review all programming. The Task Force is composed of lawyers who frequently supervise legal interns (public/private, defense/prosecution), current legal interns, judges, and WSBA staff. WSBA Governor Carla Lee is the Task Force chair. For the Task Force charter, meeting minutes, review drafts, and updates, go to www.wsba.org/lawyers/groups/rule+9+task+force.htm. 2009 Licensing Information and Changes • Deadline is February 2. If you haven't paid all of your license fees or if you are on Active status and haven't paid your Lawyers' Fund for Client Protection assessment or filed your completed A1 Licensing form, please do so now. Instructions are available online at www.wsba.org/licensing. MCLE Certification for Group 2 (2006–2008) If you are an active WSBA member in MCLE Reporting Group 2 (2006–2008), you should have received your Continuing Legal Education Certification (C2/C3) forms in the license packet that was mailed in early December. The deadline for returning the C2/C3 form to the WSBA is February 2, 2009. Any C2/C3 forms delivered to the WSBA or postmarked after March 2, 2009, will be assessed a late fee. Members in Group 2 include active members who were admitted to the WSBA in 1976–1983, 1992, 1995, 1998, 2001, or 2004. Members admitted in 2007 are also in Group 2 but are not due to report until the end of 2011. Their first reporting period will be 2009–2011; however, any credits earned on or after the day of admittance to the WSBA may be counted for compliance. The C2/C3 form that you received in your license packet is a declaration that lists all the MCLE Board-approved courses that were in your MCLE online profile for the 2006–2008 reporting period as of mid-October 2008. If you took other courses after mid-October, you can add these to the back of the C2/C3 form when you receive it. As an alternative, you may print your online roster and attach it to the C2/C3 form; indicate that it is a correct listing of the courses you took for compliance. The C2/C3 form, not your online profile, is the official record of MCLE compliance. The original copy of the C2/C3 form must be returned to the WSBA to meet compliance requirements. All courses that you list on your C2/C3 form must be Washington MCLE-Board approved and have an Activity ID number. This number is listed in your online MCLE profile and is assigned at the time that the Form 1 for each course is input to the MCLE system. A "Certificate of Attendance" or other sponsor-provided certification is not sufficient to receive course credit. If you have taken courses that have not yet been approved by the MCLE Board, submit Form 1s for these courses immediately to ensure that they are approved before your C2/C3 is due. Each Form 1 application must include a full agenda for the course in order to receive credit. The agenda must have the start and end times for each session and each break. Because of high volumes from October through February, Form 1s submitted electronically (at http://pro.wsba.org) could take up to four weeks or more to process. Paper Form 1s may take up to six weeks or more to process. If you submit a paper Form 1, you will be notified by mail of its Activity ID number. If you were not able to meet the credit requirement by December 31, 2008, and need more time to complete your credits, you must submit a petition to the MCLE Board to request more time. There is no longer an automatic extension until May 1. You must give a complete explanation on the petition of the reason that you need an extension. A late fee will be assessed if you took any courses after December 31 that are needed for compliance or if your C2/C3 form is submitted late. If this is the first reporting period in which you will not meet MCLE compliance requirements, the late fee will be $150. The late fee increases by $300 for each consecutive reporting period you are late in meeting MCLE requirements. If you have questions about the Form 1 process or MCLE compliance, please contact the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA (9722), or e-mail questions@wsba.org. MCLE Certification Information for Active Members Due Date for MCLE Reporting. WSBA members are divided into three MCLE reporting groups based on year of admission. (Newly admitted members are exempt. See "Newly Admitted Members" below.) • Group 1: Admitted through 1975, 1991, 1994, 1997, 2000, 2003, or 2006 New MCLE Rules and Regulations. New MCLE rule and regulation amendments went into effect on January 1, 2009. The amendments changed some of the MCLE compliance requirements for the 2007–2009 and later reporting periods. Some of the amendments affect all reporting periods, including (1) there is no longer an automatic extension until May 1, and (2) a member may earn no more than eight credits per day spent attending courses. See www.wsba.org/lawyers/groups/mcle/apr11review07.htm for more information. Credit Requirements for 2007–2009 and Later Reporting Periods. 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 MCLE Board-approved CLE activities must be taken, which need to include a minimum of 22.5 live credits and six ethics credits. The courses must meet the requirements of APR 11, but they do not need to be taken in Washington state. Many courses are offered around the world which meet the requirements of APR 11. 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/C3 Reporting Requirement. All active members due to report are required to file a Continuing Legal Education Certification (C2/C3) form listing all CLE courses taken for credit compliance. The deadline for filing your C2/C3 form is February 1 (or the next business day, if February 1 is on a weekend) of the year following the end of your reporting period. Note: • Your online roster is not a substitute for filing the C2/C3 form (APR 11.6(b)). 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/C3 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. The late fee for the first reporting period of non-compliance is $150 and 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 2007, you will not report for this reporting period (2006–2008) even though you are in Group 2. You will first report at the end of the 2009–2011 reporting period. Members admitted in 2008 will not report until the end of the 2010–2012 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 outside of Washington and if you are a member of the Oregon, Idaho, or Utah state bars ("comity" states), you may meet your Washington mandatory CLE requirements by providing proof of current MCLE compliance from your comity state bar. Only a Certificate of MCLE Compliance from your comity state bar (not a "Certificate of Good Standing"), sent with your WSBA C2/C3 form, will satisfy your MCLE requirements in Washington. MCLE System — Course Listing and Member Profiles. Members may use the online MCLE system to: • Review courses taken and credits earned. To access the MCLE online system and your member home page, go to the WSBA website home page at www.wsba.org. Click on the blue and black "Online MCLE System" box in the right column. Follow the instructions on the screen to reach your MCLE home page. If this is your first time logging on to the MCLE system, be sure to change your password after you log in to maximize security of your online MCLE information. 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, or contact the WSBA Service Center at 800-945-WSBA (9722), 206-443-WSBA (9722), or questions@wsba.org. In-House CLEs for 2007–2009 and Later Reporting Periods. Starting with the 2007–2009 reporting period, there is no restriction on the number of in-house credits that a member may take. However, a lawyer who is associated with or employed by a private law firm or corporate legal department that maintains an office within Washington state may not apply to receive credit for a continuing legal education course sponsored by that private law firm or corporate legal department for which the sponsor did not submit a completed Form 1 (APR 11 Regulation 104(b)(2)). "Foundations of American Democracy" Civics Pamphlet Available The WSBA offers a pamphlet for the public called "Foundations of American Democracy" that describes the basics of American government: the rule of law, the separation of powers, checks and balances, and a fair and impartial judiciary. It also includes a short quiz and a list of useful websites. Lawyers and judges are encouraged to bring the pamphlet with them when they speak to students or the public in schools, courtrooms, and the community. Teachers may also request the pamphlet for classroom use. The WSBA can provide reasonable numbers of copies at no charge, or the pamphlet may be downloaded from the WSBA website at www.wsba.org/foad.htm. Requests for copies should be directed to Pam Inglesby, WSBA public legal education manager, at pami@wsba.org. Monthly Lawyer Discussion Roundtable Hosted by the WSBA Law Office Management Assistance Program (LOMAP), this roundtable is useful for meeting other members and WSBA Lawyer Services Department staff who will answer questions on ethics, practice, and substantive law. We meet the second Tuesday of the month from noon to 1:30 p.m. February 10 is the next scheduled meeting date. Walk-ins are welcome! The roundtable is held at the WSBA office. Casemaker Online Research Casemaker is a powerful online research library provided free to WSBA members. To access Casemaker, go to the WSBA website at www.wsba.org and click on the Casemaker logo on the right sidebar. Click on the Casemaker button to begin. For help using Casemaker, contact Julie Salmon at 206-733-5914, 800-945-9722, ext. 5914, juliesa@wsba.org, or call the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA (9722). LAP Solution of the Month: Stress Reduction Sometimes it's tempting to reduce stress by over-doing food, alcohol, prescription drugs, sex, gambling — even work. These methods usually provide short-term relief and long-term pain, effectively giving you another problem to cope with down the road. Learn to reduce your stress without self-harm. If you need a hand, call the Lawyers Assistance Program (LAP) at 206-727-8268. Computer Clinic The WSBA offers a hands-on computer clinic for members. Learn what programs such as Outlook, PowerPoint, Excel, Word, and Adobe Acrobat 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 February 9 clinic will be held from 10:00 a.m. to noon at the WSBA office and will focus on using Adobe Acrobat Professional Versions 8 and 9 (not the Reader). The February 12 clinic will meet from 2:00 to 4:00 p.m. and will focus on using Microsoft Word. For more information or to RSVP, contact Julie Salmon at 206-733-5914, 800-945-9722, ext. 5914, or juliesa@wsba.org. New Weekly Support Group for Job Seekers Unemployed? Discouraged — or trying not to be? Join us for a weekly meeting of lawyers looking for work. The focus of this group is on setting goals, accountability, and maintaining motivation. This is an opportunity to trade job-search advice and offer each other support in this difficult process. The group meets on Tuesday mornings from 10:30 to 11:45. Contact Dan Crystal, Psy.D., at 206-727-8267, 800-945-9722, ext. 8267, or danc@wsba.org if you are interested in this group or in other groups forming for senior lawyers and lawyers in transition. Job Seekers Monthly 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 next meeting is February 11 at the WSBA office. The group discusses the nuts and bolts of the job search process, focusing specifically on informational interviewing and networking. Exchange information and ideas with other lawyers looking to make a change. Come as you are — no need to RSVP. Bring your business cards and practice networking skills. For more information, call 206-727-8269, 800-945-9722, ext. 8269, or e-mail rebeccan@wsba.org. If you would like to attend the meeting by telephone, please RSVP by February 10. Speakers Available The WSBA Lawyers Assistance Program offers speakers for engagements at county, minority, and specialty bar associations, and other law-related organizations. Topics include stress management, life/work balance, and recognizing and handling problem-personality clients. Contact Barbara Harper at 206-727-8265, 800-945-9722, ext. 8265, or barbarah@wsba.org. Learn More About Case-Management Software The WSBA Law Office Management Assistance Program (LOMAP) maintains a computer for members to review software tools designed to maximize office efficiency. The LOMAP staff is available to provide materials, answer questions, and make recommendations. To make an appointment, contact Julie Salmon at 206-733-5914, 800-945-9722, ext. 5914, or juliesa@wsba.org. Facing an Ethical Dilemma? The WSBA Ethics Line can help members analyze a situation involving their own prospective conduct, apply the proper rules, and reach an ethically sound decision. Calls made to the Ethics Line are confidential, and most calls are returned within one business day. Any advice given is intended for the education of the inquirer and does not represent an official position of the WSBA. Call the Ethics Line at 206-727-8284 or 800-945-9722, ext. 8284. Help for Judges The WSBA Judges Assistance Program provides confidential assistance to judges experiencing personal or professional difficulties. Telephone or in-person sessions are available on a sliding-scale basis. For more information, call the program coordinator at 206-727-8268 or 800-945-9722, ext. 8268. Search WSBA Ethics Opinions Online Formal and informal WSBA ethics opinions are available online at http://pro/wsba.org/io/search.asp, or from a link on the WSBA homepage, www.wsba.org. You can search opinions 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 206-727-8284 or 800-945-9722, ext. 8284. Assistance for Law Students The Lawyers Assistance Program offers counseling to third-year law students attending Washington schools. Sessions are held in person or by phone. Treatment is confidential and available for depression, addiction, family and relationship issues, health problems, and emotional distress. A sliding-fee scale is offered ranging from $0–30, depending on ability to pay. Call 206-727-8268, 800-945-9722, ext. 8268, or visit www.wsba.org/lawyers/services/lap.htm. Upcoming Board of Governors Meetings With the exception of the executive session, Board of Governors meetings are open, and all WSBA members are welcome to attend. RSVPs are appreciated but not required. Contact Margaret Shane at 206-727-8244, 800-945-9722, ext. 8244, or margarets@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 January 2009 was 0.325 percent. Therefore, the maximum allowable usury rate for February 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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