November 2006

Changing Landscapes: 2007 Issues Review

After nine years, M. Janice Michels announces her May 2007 retirement

by M. Janice Michels, WSBA Executive Director

When bar leaders canvass other comparable bar associations, read ABA literature, or listen to members, it becomes very clear that there are tons of good ideas out there! All bar leaders want to improve the image of the profession, -assist new lawyers in starting their practice, increase professionalism, and provide member benefits. Many bar associations have active programs in these areas, and most find they also need bar leadership's time and energy on sunset reviews (which are bound to raise resistance and controversy); grappling with painful fiscal, court, or legislative controversy; and/or long-range planning, license-fee setting, executive-director hiring, or governance re-evaluations. All these demands require the Board of Governors to prioritize and be deliberate about the issues they tackle in any one year. Bar year 2007 will likely be impacted by the following issues:

The Move

Though this focus should culminate with the WSBA's mid-December move to Puget Sound Plaza (the WSBA will occupy floors 6, 7, 8, and part of 11), it represents a significant effort by the Board and staff. These new quarters in the heart of Seattle's financial district are less expensive than the current lease, and should afford members easier in-out routes and vastly increased parking. We plan an open house for members in the spring.

Judicial Selection/Election

In 1995, the Walsh Commission recommended moving to a merit selection/retention system for filling judicial seats in Washington. Washington citizens at that time were strident about retaining the right to elect their judges. Since then, other groups have reviewed our state's judicial-selection system with concern. For the last two years, the King County Bar Association and other groups have been studying the process of judicial elections. Their findings, discussed at a summit in December 2005 — that 50 percent of our judges start by appointment, and that the majority run unopposed in elections — raise concerns about our elective system. The expense and melodrama of the fall primary for Supreme Court seats has even some legislators interested in possible reform, whether in campaign financing or the actual election process. The WSBA Board of Governors will watch these developments and potential changes or reforms for possible action.

Public Criminal Defense

In the culmination of a sequence of studies and exposés over the past three years, the WSBA's Committee on Public Defense will present its final recommendation for system and funding improvements to the Board in early 2007. As the prosecutors and defenders on the committee work together to repair and fund an inadequate, locally funded public-defense system, some of these recommendations became controversial and are likely to reflect both minority and majority reports. The committee's work reached to juvenile dependency and Becca (status offenses) issues as well as to civil commitments (mental health, sexual predatory) — previously little-studied "systems" within the purview of public defenders.

Joint Supreme Court-WSBA Task Force on the Regulation of Lawyer Conduct

To sustain a viable, trusted system of the regulation of lawyer conduct (discipline), the Washington State Supreme Court, at the WSBA's request, invited the American Bar Association Standing Committee on Professional Discipline to review the system against objective standards of lawyer conduct. (The last ABA review had been conducted in 1993, and many of the recommendations from that report have been implemented.) Their 2006 report was complimentary of the many improvements the WSBA has made and, nevertheless, suggested further system improvements which the joint task force will be charged with evaluating.

Executive Director Search

The announced May 2007 retirement of the WSBA executive director puts the need for recruiting, screening, and hiring a new director in the Board's hands. Immediate Past-President Brooke Taylor has been asked to chair the Executive Director Task Force, which includes current and past governors, WYLD representation, and other WSBA members. The goal is to name the new executive director by March 2007.

"Foundations of Freedom"

Initiated by Immediate Past-President Brooke Taylor and embraced by the new Board and officers is the need to promote civics education to citizens. This program is centered on ways to enhance public understanding of the separation of powers, the rule of law, independence of the judiciary, and checks and balances. With a newly developed brochure (see page 44) and a ready network on the alert for "teachable moments," the WSBA's goal is to promote public interest and education about the essentials of our democracy.

"Justice in Jeopardy"

This initiative is now in its third year. The partners in the coalition working for adequate funding of trial-court operations, public criminal defense, and civil legal services have welcomed the court-appointed special advocate interest to the coalition, and has framed the 2007 "ask" accompanied by compelling examples and stories. The coalition has achieved, with legislative support and funding action, considerable improvement toward adequate funding of the courts. In 2007, this coalition will continue the momentum for general-fund support for a system that assures that the rule of law is real to everyone.

Increasing Embrace of Non-Majorities

Within the next generations, the definition of who are ethnically "majority" and "minority" will shift. To oppress or marginalize individuals based on sexual orientation, physical abilities, ethnicity/race/color, age, or gender will cost lawyers and firms their client base. Studies demonstrate that deep in almost everyone's early learning and subconscious memories reside unintended or unexamined biases. The WSBA will continue its leadership in demonstrating diversity, equality, and cultural competence — not only because it is politically correct, but because it is vital to the profession and to justice. In 2007, President Ellen Conedera Dial will launch a grant program intended to enlarge the pipeline of currently minority persons of all types into the professions.

Accommodating Other Changing Landscapes

Amendments to the RPCs. The WSBA will continue its efforts to educate and support members as they work to understand and implement the amended Rules of Professional Conduct. These rules are meant to better conform to the ABA Model Rules and other states' rules of professional conduct, and the changes may seem huge and perilous. The WSBA will continue its full-scale education and training programs to give members what they need to know, along with practical advice on living within the amended RPCs.

Civil Legal Services. The landscape for the delivery of civil legal services is also changing. The multiple funding sources include federal contributions through the federal Legal Services Corporation, IOLTA funds administered by the Legal Foundation of Washington, private donations to LAW Fund, state contributions administered by the Office of Civil Legal Aid, a myriad of local bar donations of time and support to pro bono programs, and special programs supported by donations. The WSBA's commitment to access to justice is unwavering and steadfast. With a goal of "no one should face their legal problems alone," the Access to Justice Board has a new statewide plan; the Legal Foundation of Washington/LAW Fund have committed to supporting this plan, which will leverage paid legal services in support of pro bono legal services and the Office of Civil Legal Aid, a judicial-branch agency created in 2005 to distribute state funding for legal services, is also working to meet this goal in cooperation with special programs and local pro bono programs.

2007 will be a challenging and eventful year for the WSBA, its Board of Governors, and officers. Through careful application of our assets — fiscal resources, member goodwill, work by volunteers and staff, and reputation — we look forward to many successes in 2007. 

WSBA Executive Director Jan Michels can be reached at janm@wsba.org.