January 2006

Judge Faye C. Kennedy

A reminiscence by Victor B. Flatt

Judge Faye C. Kennedy, a judge on the Court of Appeals, Division I, passed away on September 16 after a long illness.

Judge Kennedy was a remarkable woman, and I was privileged to know her as one of her first law clerks after she came to the Court of Appeals in 1990. She was a singular person. She was born in a time when few women were professionals, let alone attorneys and judges — she did not let these limitations restrict her, and through work and study she was able to take advantage of changing times to be in the first wave of women who have forever altered the legal profession. She also was in the forefront with her husband, Dr. Bruce Kennedy, of those couples who redefined how family life could be lived with the changing role of women. She chose to work in the field of family law, a difficult field as any legal person will attest, and was part of the revolution that occurred in that field regarding the changing rights of women, men, and children.

Her professional accomplishments are legion. She clerked for Judge Robert Finley of the Washington State Supreme Court, and was one of the first women attorneys in Everett. She was instrumental in changing many of the policies of the local bar association that limited the roles for women. As a member of the court, Judge Kennedy proved to be an incomparable jurist. It is impossible to do justice to her, but there are a few particular features that make Judge Kennedy’s service on the court unforgettable. First would be her attention to detail, hard work, and the resulting well-written products she penned. Judge Kennedy had an exceptional devotion to getting an opinion just right, and she spent a great deal of time with her clerks and colleagues probing, questioning, and researching what went in to her opinions. Not only was the public the beneficiary of a well-thought-out and carefully reasoned result, but all who worked with her benefited from her example and practice of analytical thinking.

I remember so well her modesty and willingness to listen. Despite her years of training and experience and her quick legal mind, she was also more than willing to listen to the opinions of others. Pride of authorship or hard work did not keep her from abandoning a position if she was convinced that another was better. To her colleagues, this was assuredly a welcome collegiality and give and take that was necessary for a court to produce the best possible opinions, and for her clerks and the attorneys who appeared before her, it was encouraging and stimulating.

But the most important aspect of Judge Kennedy’s success on the court was her concern for others. It was this concern that propelled her into a family law practice devoted to helping those in need. It was this concern that led her to work with and encourage her law clerks to do what was the best thing for them and not what was easiest for her. It was this concern that led her to long discussions about the real people behind a case record — it wasn’t just about finality or formal procedure for Judge Kennedy, it was about real justice for real people.

I and many others were privileged to have known Judge Kennedy — to have discussed matters of politics, art, misbehaving dogs, law, and ethics. The entire state of Washington was privileged to have the service of Judge Kennedy’s fine mind and spirit working in the public interest for so many years. Judge Kennedy’s influence will be sorely missed.

Victor B. Flatt, formerly of Seattle, is the A.L. O’Quinn Chair in Environmental Law at the University of Houston Law Center. He worked with Judge Kennedy at the State Court of Appeals, Division I, from 1990 until 1993.

George W. Christnacht

George W. Christnacht was a graduate of Gonzaga Law School, a member of the American College of Trial Lawyers, and recognized as a “founder” by the Washington State Trial Lawyers Association. He was a founding partner of the Tacoma firm Troup, Christnacht, Ladenburg, McKasy and Durkin, Inc. PS where he practiced for almost 50 years. Joining him in his practice of law for many years was his son, James.

Known for his wit and keen sense of humor, Christnacht served as a mentor for many attorneys in the Tacoma area. He was a former president of the Tacoma-Pierce County Bar Association, where he would liven up meetings with his jokes. Although presenting a “Columbo” appearance in his wrinkled raincoat, George was a fearless and accomplished litigator. He was recognized as a products liability pioneer and had tremendous success with juries. His passion for his clients and attention to factual detail were incessant.

George W. Christnacht was born on April 6, 1928, and died in an automobile accident October 10, 2005, aged 77.

James Vernon Abbott

A reminiscence by his son James W. Abbott

Dad received his law degree from the University of Washington School of Law, and was admitted to the Bar in 1945. He received his certification to practice before the U.S. Supreme Court on June 11, 1962, an event attended by his two sons. Dad practiced law for more than 50 years in the Greenlake and Ballard areas of Seattle. He was the attorney for Presbytery for Washington, Idaho, and Alaska for many years. He was a member of the judicial body of the Presbyterian Church. He tried cases before the Washington Supreme Court. The case of See v. Seattle went all the way to the U.S. Supreme Court and made new law. He truly loved the law and his profession.

Dad enjoyed all sports (including horseshoes) and pitched for the Seattle P-I softball team in the 1930s. Dad helped organize and start Bethel Presbyterian Church, where he was a member and elder for many years. He was also a member of University Presbyterian Church. Dad was an active member of North Central Kiwanis and participated in the Cerebral Palsy Camp on Whidbey Island each year. Dad also became a member of Sand Point Country Club and enjoyed golf each week. Dad was not a good golfer, but he played for the camaraderie and competition. Dad was a true Renaissance man. He had a lifelong love of reading. He also loved to write and quote poetry, argue politics and religion, and listen to music from classical to country. He delighted in beating his grandchildren at Trivial Pursuit well into his 80s. He had a great sense of humor, a dry wit, and a biting tongue. He was at home hiking in the Olympics and Cascades for more than 60 years. Dad climbed Mt. Rainier and reached the summit in his late 50s, and he climbed Mt. Adams and Mt. Fuji. Dad traveled the world with his beloved wife, Tyra.

James Vernon Abbott was born November 10, 1914, in Spokane and died May 29, 2005, in Seattle, aged 90.

Daniel C. Smith

Daniel C. Smith grew up on a dry wheat farm with no electricity or running water, homesteaded by his Irish immigrant grandfather. His father lost the farm to the bank and died when Smith was 11 years old. His mother returned to Chicago to raise her three children while working as a high-school teacher. All three children earned scholarships to the University of Chicago. Smith studied philosophy with Mortimer Adler, loved the camaraderie of his fraternity, and embraced the ideals of University of Chicago President Robert Maynard Hutchins — liberal education, critical thinking, and active citizenship. He graduated from the University of Chicago Law School in 1940.

Smith came to Tacoma in 1950 to join the Weyerhaeuser law department, where he served for 25 years. In 1975 he moved to Chicago to become general counsel and VP of FMC Corporation. After retirement from FMC he moved back to Tacoma, taught at the UPS Law School, and founded the firm of Smith Alling Lane.

Smith found many ways to contribute to the community — as a leader in great books discussion groups, the Tennis Club, the Tacoma Club, the Eliot Club, the Pierce County Mental Health Association, the Washington State Historical Society, Bellarmine Prep, The Food Connection, and St. Leo Parish.

Donations in memory of Smith are suggested to St. Leo’s Church for The Food Connection, 710 S. 13th St., Tacoma, WA 98405 or the University of Chicago (memo line Louise & Daniel C. Smith Scholarship Fund), 5801 S. Ellis, Chicago, IL 60637.

Daniel C. Smith died September 25, aged 89.

Vincent L. Gadbow
Vincent L. Gadbow attended Jamestown College in North Dakota on a football scholarship, and earned All-America honors. He joined the U.S. Marine Corps in 1942 and was commissioned as a second lieutenant. He served in World War II, stationed in northern China after the Japanese occupation. He received his B.A. and M.A. in English from the University of Montana. Gadbow was a founding member of the Tacoma firm Davies Pearson, P.C. He focused on commercial litigation, commercial transactions, and business organizations. At the end of his career, he remained active as a mediator-practitioner with the Pierce County Center for Dispute Resolution. Gadbow loved fly fishing and golf and was a lifelong student of those pursuits.

Memorials may be directed to prostate cancer research or sent to the Franciscan Hospice, PO Box 1502, Tacoma, WA 98401-9836.

Vincent L. Gadbow was born June 22, 1924, in Devils Lake, North Dakota, and died May 29, 2005, in Gig Harbor, aged 80.

James Edward Cufley Jr.

As remembered by his wife, Christy

Jim Cufley was a true native of the Northwest. He worked for the Social Security Administration before joining the U.S. Air Force in 1963, serving in Korea and Thailand, and attaining the rank of captain. He obtained his J.D. from the University of Washington School of Law followed by a master’s degree in law and marine affairs. He served as a respected administrative law judge for the state for 20 years. A rugged individual, he found deep satisfaction in fishing, hiking, flying, gardening, and making lumber. An avid reader, Jim retained a keen intellectual curiosity about the world around him. He was a compelling storyteller, and whether relating a “fish tale” or extemporaneously composing a “Fred the Duck” bedtime story, his tales were engaging and often accompanied by unforgettable hearty bursts of robust laughter. For 12 years he helped coach his daughter’s soccer team, the Shooting Stars. A totally devoted parent, his true legacy is the bottomless love for, and the enormous pride in, his three outstanding children.

James Edward Cufley Jr. was born February 21, 1939, and died September 24, 2005, from a heart attack while on board a sailboat surrounded by his beloved sea, aged 66.

Duane C. Frisbie

Duane Frisbie was a graduate of Harvard Law School, a 65-year member of the WSBA, and owner of Western Motor Association until he retired.

Duane C. Frisbie was born January 1, 1913, in Stevensville, Montana and died May 11, 2005, in Seattle, aged 82.

Jennifer Ann Hedgcock

Jennifer Hedgcock was a graduate of Willamette University and Seattle University School of Law. She was a member of the King County Bar Association, Willamette Choir, and Northwest Girls Choir. Memorials are suggested to the American Diabetes Association.

Jennifer Ann Hedgcock died September 17, 2005, aged 26.

Hon. Thomas Swayze Jr.

Thomas Swayze took over his mother Frances Swayze’s 26th District seat in the Washington State House of Representatives in 1965 and became speaker of the house in 1971 and 1972. Swayze retired from the Legislature in 1973, and joined the Pierce County Superior Court bench in 1975, remaining there until 1996. During that time, he was the presiding judge, the president of the Superior Court Judges’ Association, and a board member of the judges’ foundation. His colleagues and the attorneys who appeared before him respected him for his hard work and his gentleness.

Thomas Swayze Jr. died October 16, 2005, aged 74.

Alan Merson

Rev. Alan Merson graduated from Harvard University in 1952 with a degree in political science. After serving in the U.S. Navy, he graduated from Harvard Law School and practiced law in Alaska. He founded a legal services program for the poor, mostly native Alaskans. He taught poverty law at the University of Denver Sturm College of Law. He served as head of the six-state Rocky Mountain Region of the U.S. Environmental Protection Agency. He moved to San Juan County in 1980 and challenged the proposed construction of a 26-mile oil pipeline on the bottom of Puget Sound. Merson worked to establish the Columbia River Gorge National Scenic Area and taught at the UW in the environmental studies program. He lived in Colorado in the 1980s where he assisted farmers facing bankruptcy and worked in New Mexico in the Attorney General’s Office on land fraud cases.

He moved to Seattle to study theology at Seattle University in 1996. He graduated with a master’s degree in pastoral studies. In 2001, after having a stem-cell transplant to fight bone cancer, he went on a two-week, 250-mile walk from the Canadian border to Oregon to draw public attention to the nation’s healthcare coverage crisis. He was known as a valued political activist and had a vision of a better world. Memorial contributions may be made to Group Health Hospice, Group Health Community Foundation, Dept. 4194, PO Box 34936, Seattle, WA 98124-9924.

Rev. Alan Merson was born February 7, 1934, in Brooklyn, New York, and died October 4, 2005, in Bainbridge Island.

Hon. Walter A. Stauffacher

Judge Walter A. Stauffacher was a lifelong Yakima Valley resident. He served in the U.S. Army and attended the University of Puget Sound and Willamette University College of Law. He and his wife, Shirley, moved to Yakima in 1956 where Stauffacher served as deputy prosecuting attorney for Yakima County. In 1969, he was appointed as a superior court judge for the county, where he served for 36 years. In 1981, he became the judge for the landmark Aquavella water-rights case. His work on this case became the benchmark for many other western states. One of the great joys of his judicial duties was presiding over the naturalization ceremonies welcoming new citizens to the United States. Stauffacher’s family would like to acknowledge a 25-year friendship and lunchtime tradition with the late Judge Ray Munson, and retired Judge Bruce Hansen — thank you to all those who served and prepared their lunches over all those years!

Memorials may be made to the Walter A. Stauffacher Memorial Scholarship Fund in care of Bank of America.

Judge Walter A. Stauffacher was born July 24, 1927, in St. Paul, Minnesota, and died November 8, 2005, in Grandview, aged 78.

Hon. C. Brent Nevin

Judge C. Brent Nevin received his law degree from Willamette University College of Law and served in the U.S. Navy as a legal assistant. He worked as a deputy prosecutor and prosecutor for Clark County. He became a district court judge and served for 12 years until his retirement.

Judge C. Brent Nevin was born August 24, 1927, in Ocean Falls, Canada, and died September 8, 2005, in Vancouver, WA, aged 78.

Frederick E. Woeppel

Frederick Woeppel graduated form the State University of New York at Buffalo Law School and served in the Army as a base legal officer in California, Washington, and Hawaii. His career spanned 65 years. He loved his family, the law, and his church, and his playground was his basement workshop.

Frederick E. Woeppel was born July 19, 1915, in Buffalo, New York, and died August 31, 2005, in Spokane, aged 90.

E. Frederick Velikanje

Frederick Velikanje was the son, nephew, brother, father, and grandfather of Yakima County lawyers. He was a graduate of the University of Washington School of Law. After law school, he joined his father and brother in law practice in Yakima. Their firm grew to be the second-largest law firm in central Washington. He was a tireless worker for the WSBA and the American Bar Association. He served on the WSBA Board of Governors from 1956 to 1959 and became WSBA president in 1971. Velikanje served as WSBA delegate to the ABA for six years. He participated on many bar committees and in many CLE programs. He was elected a fellow in the American College of Trust and Estate Counsel and served on its board of regents and executive council. He practiced law until he was 90.

Velikanje was active in his community and organized many local charitable organizations and served on the boards of these and numerous other organizations. He helped found the Bank of Yakima. He had a passion for gardening and did all the flower arrangements at his office.

E. Frederick “Fred” Velikanje died October 20, 2005, in Yakima, aged 93.

Bar News has also been informed of the deaths of Daniel S. Bigelow of Olympia on July 26, 2005, and Marcelle E. Mihaila of Seattle on July 11, 2005.