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March 2009WSBA 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. Mandatory Continuing Legal Education (MCLE Board) The WSBA Board of Governors is seeking applications from active WSBA members for appointment to the MCLE Board. Two positions are available, and members from any district may apply. These are three-year terms 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. Statute Law Committee The WSBA Board of Governors is accepting letters of interest and résumés from members interested in serving a two-year term on the Statute Law Committee, commencing upon appointment and expiring March 31, 2011. The incumbent is eligible to apply. This 12-member committee seeks to foster accurate publication of laws and agency rules services in a professional and strictly nonpartisan and cost-effective manner. The primary responsibilities are to periodically codify, index, and publish the Revised Code of Washington; and to revise, correct, and harmonize the statutes of administrative or suggested legislative action as may be appropriate. The committee meets at least twice a year. Please submit a letter of interest and résumé to WSBA Bar Leaders Division, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101; or e-mail barleaders@wsba.org. 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 dates 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/judicial 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). 2009 WSBA Awards Nominations Sought Each year, WSBA members are asked to identify those who deserve the legal profession’s recognition and appreciation. Nominations are sought for the following awards: Award of Merit. First given in 1957, this is the WSBA’s highest honor. The Award of Merit is most often given for long-term service to the Bar and/or the public, although it has also been presented in recognition of a single, extraordinary contribution or project. It is awarded to individuals only — both lawyers and nonlawyers. Professionalism Award. This honor is awarded to a WSBA member who exemplifies the spirit of professionalism in the practice of law. “Professionalism” is defined as the pursuit of a learned profession in the spirit of service to the public and in the sharing of values with other members of the profession. Angelo Petruss Award for Lawyers in Public Service. Named in honor of the late Angelo R. Petruss, a senior assistant attorney general who passed away during his term of service on the WSBA Board of Governors, this award is given to a lawyer in government service who has made a significant contribution to the legal profession, the justice system, and the public. Outstanding Judge Award. This award is presented for outstanding service to the bench and for special contribution to the legal profession at any level of the court. Pro Bono Award. This award is presented to a lawyer, non-lawyer, law firm, or local bar association for outstanding efforts in providing pro bono services. This award is based on cumulative efforts, as opposed to a lawyer’s or group’s pro bono hours or financial contribution. Courageous Award. This award is presented to a lawyer who has displayed exceptional courage in the face of adversity, thus bringing credit to the legal profession. Excellence in Diversity Award. This award is made to a lawyer, law firm, or law-related group that has made a significant contribution to diversity in the legal profession’s employment of ethnic minorities, women, persons with disabilities, and other persons of diversity. Outstanding Elected Official Award. This award is presented to an elected official for outstanding service, with special contributions to the legal profession. It is awarded to an individual who has demonstrated a commitment to justice beyond the usual call of duty. Excellence in Legal Journalism Award. This award recognizes that describing the context, facts, and players involved in the legal system with fairness and sensitivity requires intelligence, knowledge, dedication, and skill. This award is given to the journalist and his/her organization that has set the standard for relevance, clarity, accuracy, and understanding in reporting. Lifetime Service Award. This is a special award given for a lifetime of service to the WSBA and the public. It is given only when there is someone especially deserving of this recognition. President’s Award. The President’s Award is given annually in recognition of special accomplishment or service to the WSBA during the term of the current president. Community Service Award. Lawyers are known for giving generously of their time and talents in service to their communities. This award recognizes exceptional non-law-related volunteer work and community service. Norm Maleng Leadership Award. This award is given jointly by the WSBA and the Access to Justice Board, in honor of Norm Maleng’s legacy as a leader. He was an innovative and optimistic leader committed to justice and access to justice in both civil and criminal settings. Within the profession, his leadership was characterized by his love of the law and commitment to diversity and mentorship. This award recognizes those who embody these qualities. Award presentation. It is important to note that presentation of any WSBA award is made only when there is a truly deserving recipient. Some years, no award is given in some categories. Awards are limited to one recipient per category, except when a group of individuals earned the award together. Nomination submissions. If you know an individual who fits the criteria set forth above, please go to the www.wsba.org homepage for a link to download, complete, and submit the nomination form. Self-nominations will not be accepted. Please note that the completed nomination form must accompany each nomination in order to be considered. The deadline for the Pro Bono Award and Norm Maleng Leadership Award nominations is March 31, 2009. The deadline for all other nominations is April 30, 2009. Please send nominations to: WSBA, Attn: Annual Awards, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539; fax: 206-727-8310; e-mail: The awards will be presented at the WSBA Annual Awards Dinner in Seattle on September 24, 2009, with the following exceptions: the Pro Bono and Norm Maleng Leadership awards will be presented at the Access to Justice/Bar Leaders Conference in Yakima, May 29-31. 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. 2009 Licensing Information and Changes Deadline was 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. WSBA Bylaws require a 20 percent late-payment fee if the annual license fee remains unpaid after March 2, 2009. After April 1, 2009, a 50 percent late-payment fee is imposed. If any portion of your license fee or late fee remains unpaid or if you are on Active status and haven’t paid your Lawyers’ Fund for Client Protection assessment or filed your A1 Licensing Form after two months’ written notice of your delinquency, a recommendation for suspension will be submitted to the Supreme Court. Licensing forms changes. In an effort to control costs and simplify renewal, the 2009 licensing forms have been condensed into one double-sided form or two forms for those reporting MCLE credits this year. The form(s) were mailed the first week of December in a standard-size envelope. Verify your address in the online lawyer directory (http://pro.wsba.org). You are required to keep your contact information current; see Admission to Practice Rule 13. If you have not received the 2009 licensing forms, you may print them online or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. WSBA Bylaw Section II.E.1.b. on Armed Forces Fee Exemption provides for a fee exemption for eligible members of the Armed Forces whose WSBA membership status is active. The WSBA will accept fee exemption requests until March 2, 2009, for the 2009 Licensing Year. 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 was 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 is $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 Reporting Group Group 1 Group 2 Group 3
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 homepage, go to the WSBA website homepage 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)). 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. March 10 is the next scheduled meeting date. Walk-ins are welcome! The roundtable is held at the WSBA office. Job Seekers Monthly Discussion Group Looking for a job or making a transition? Join us at the informational group that meets 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 March 10. New Weekly Support Group for Job Seekers Unemployed? Discouraged — or trying not to be? We’re taking names of lawyers interested in being on the wait list 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. LAP Solution of the Month: Anger Management Got rage? Does your temper cause problems for staff, family, or friends? Learn constructive ways to handle your anger before you lose someone or something you value. If you’d like suggestions on how to proceed, call the Lawyers Assistance Program (LAP) at 206-727-8268 or 800-945-9722, ext 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 March 9 clinic will be held from 10:00 a.m. to noon at the WSBA office and will focus on using Outlook and Practice Management Software. The March 12 clinic will meet from 2:00 to 4:00 p.m. and will focus on using Adobe Acrobat Professional Versions 8 and 9 (not the Reader). For more information or to RSVP, 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. 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. 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 February 2009 was 0.396 percent. Therefore, the maximum allowable usury rate for March is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm. |
