October 2007

Bar Essentials

New WSBA President Stan Bastian identifies four key elements for his term and stresses the importance of communication

by WSBA President Stan Bastian

What is the Washington State Bar Association?

What purpose does it serve, and what role does it play in the legal profession?

How is it governed?

How does it make decisions?

What are its core functions and values, and what are its strategic goals?

Should it do more, or should it do less?

How can it achieve its goals more effectively?

When I stood for election to this job almost 15 months ago, I told the Board of Governors that my primary goal as president would be to emphasize effective communications between Bar leadership and members. That remains my goal, and my intent is to use this column as a vehicle to explain to members what the Bar leadership and staff are doing and why they are doing it. I want to help provide answers to the questions listed at the beginning of this column, because I believe all members should understand the mission and goals of this association. However, communication should be a two-way street. Members and readers are invited to respond with letters and e-mails, and your responses may be the foundation of some of my future columns. I am also willing to visit as many county, minority, and specialty bar associations as my schedule permits, both to listen to your ideas and concerns and to explain to you what your Bar Association is doing and the services and programs it offers to its members.

This is a large bar association, and it is involved in many services, activities, and issues. It is both an administrative arm of the Washington State Supreme Court and a professional organization for its members. It is responsible for properly regulating its members and serving as the voice for the legal profession. We have more than 30,000 members and an annual budget of almost $18 million, most of which is generated by member dues (which remain comparatively low). We are professionally served by a staff of approximately 140 dedicated employees. Every year, hundreds of member volunteers serve on 24 standing committees where they study issues, develop policies, and assist in doing the work of the WSBA. Additionally, many thousands of members also participate in the 26 sections officially recognized by the Bar. The WSBA is indeed a dynamic, vital, and evolving organization. One of my duties as president is to help explain all of this to you, and my intent is to demonstrate that this Association provides tremendous value to its members and the legal profession as a whole. Perhaps some of you will be encouraged to become more involved in the Bar Association by joining a section, serving on a committee or task force, or even seeking election to a leadership position.

As president, I am also given the privilege of choosing issues or programs to highlight during my term. I do not intend to start new programs or initiatives, but instead I have decided to emphasize four existing and important issues during the next year: the Justice in Jeopardy Initiative, issues regarding access to justice, the issue of professionalism and civility, and diversity. None of these issues are new, and the Bar Association has been working on all of them for many years. They are part of the specific functions assigned to the Bar by the Supreme Court in General Rule 12, and they are four of the guiding principles identified by the Board of Governors at its recent annual retreat in July. Although not new, they remain critically important to this Bar Association and the legal profession as a whole.

Justice in Jeopardy

The Justice in Jeopardy Initiative is a collaborative effort by the State Bar, the judiciary, and several key legislators to increase the amount of state funding for the judicial branch. It began after the Trial Court Funding Task Force issued its report in 2004, wherein it concluded that chronic under-funding of our trial courts had led to an impending crisis in court operations, civil legal aid, parent representation in dependency cases, and indigent public defense. The Task Force discovered that Washington ranked 50th in the nation in providing state funding for the costs of trial courts, prosecution, and public defense. That’s right, 50th out of 50. Less than three-tenths of one percent of the State’s budget was dedicated to funding the judicial branch of government. Relying on funding from cities and counties creates a serious disparity in the way laws are enforced and the trial courts are operated throughout the state of Washington.

Significant gains were made in the state Legislature over the past three years. State contributions to trial court funding have increased significantly, and this includes more funding for civil legal aid and criminal defense. Additionally, a pilot project has been funded to study the issue of juror pay and whether increased pay will achieve greater juror turnout and greater diversity in our jury pools. We need to build on this success, and this project was originally recognized to be a 10-year effort, at least. This fall, a retreat will be held to plan for future legislative efforts, and the WSBA will be a key participant in the continued effort. I plan to attend that meeting and will report the results to you in a future column.

Access to Justice

Unfortunately, we are increasingly becoming a society of the “haves” and “have-nots.” Those with money have access to the justice system, and those without money increasingly do not. People without significant financial resources simply cannot afford to use the legal system to solve their problems, because they cannot afford to pay lawyers, investigators, and expert witnesses.

The 2003 Civil Legal Needs Study dramatically illustrated the issue. The vast majority of low-income people confront their legal problems without help from an attorney, and these legal problems usually involve issues such as family safety, economic security, and housing. The Alliance for Equal Justice said it best: Civil legal aid means the difference between shelter and homelessness, food on the table and hungry children, economic stability and bankruptcy, productive work and unemployment. We all know that legal representation is a necessity, and the system is simply too complex for pro se litigants.

The solution is not just about more government funding. Recently, our state legislators have demonstrated a commitment to alleviating this problem by substantially increasing the amount of state funding for civil legal aid. Members of the Bar Association must do their part, and thousands of you do, for which you have the gratitude and respect of your Board of Governors. As stewards of the legal profession, we have an obligation to ensure that justice is accessible to all members of our community and not to just those who can afford it. We must continue to find solutions to this growing problem. One way you can help now is by making a financial contribution to the Campaign for Equal Justice.

Professionalism and Civility

General Rule 12 specifically directs the Bar Association to “foster and maintain high standards of competence, professionalism, and ethics among its members.” In fact, this could be the most important duty of the Bar Association, because we are the only self-regulated profession in the state of Washington. Every other profession which requires a license is regulated by a state agency, such as the Department of Health or the Department of Labor and Industries. The WSBA has always prided itself on being the only self-regulated profession in the state of Washington, but we will remain that way only if we maintain tough, firm, and transparent standards of professionalism.

Diversity

The foundation of our legal system is trust. The public must trust that justice will be delivered in a fair and impartial manner, but this trust can be easily lost if lawyers and judges do not reflect the public they serve. Diversity is and will continue to be an important issue for both the WSBA and the legal profession. Although we have made great strides in this area over the past few years, we have more work to do. Much more. Diversity is a journey, not a destination. It requires effort, sensitivity, and, most of all, communication. The WSBA Board of Governors has been a leader on this issue, and that effort will continue during my term as president.

The Bar Association is certainly involved in other equally important issues, and I will be discussing more of them in future columns. However, these four issues will be my primary focus, and my intent is to discuss each of them in more detail. I welcome your thoughts and input regarding these issues and the thoughts expressed in this column.

Finally, I would like to thank outgoing governors Marcine Anderson (at-large), Eron Berg (2nd District), Lonnie Davis (7th-Central District), and Jim Baker (9th District). I would also like to thank outgoing Immediate Past-President Brooke Taylor (the first person to actually hold that office). This was my class, because we all took office together in 2004. Although we didn’t know each other three years ago, we have now become good friends and I hope that our friendship continues in the future. The Bar Association is a better organization today because of their service and contribution, and I will miss them at the BOG meetings this year. 

Stan Bastian can be reached at stanb@jdsalaw.com or 509-662-3685.