February 2006
2004-2005 Committee and Section Reports
Committee Reports
Bar Examiners Committee
The Bar Examiners Committee administered the 2005 winter and summer bar exams. Membership on the Committee is demanding, as members must successfully complete a mandatory, day-long training session on question creation and grading, as well as successful submission of a question to the Question Bank. Members of the Committee attended the National Conference of Bar Examiners annual meeting in Seattle and its three-day training session at the University of Wisconsin. The Committee has also been involved in the development and implementation of laptop-computer testing for the bar exam. The laptop exam will be available at the 2006 winter exam to interested individuals for a fee. The Committee is also involved in studying the feasibility of administering the exam in more than one location. Since the Board of Governors’ vote to include Indian law as part of the exam no later than 2007, the Committee has been developing questions for that area of law.
Civil Rights Committee
Civil Rights Committee continued to support a resolution to include sexual orientation in the state’s civil rights laws. Several subcommittees continued their work on various issues including the diversity subcommittee. The Committee renewed its support of the Board of Governors’ effort to appoint members with diverse backgrounds and an interest in civil rights issues.
Committee for Diversity
In October 2004, the Committee for Diversity again jointly hosted panel discussions and mock interviews with Seattle University, Gonzaga University, and the University of Washington. The Committee hosted a well-attended reception for minority students and law associations’ leadership. In addition to the opportunity for students and Bar leaders to meet informally, attendees learned more about the organizational structure of the WSBA through a guided tour of the offices.
Electronic Communications Committee
To assist with the rollout of Casemaker as a new benefit to members, the Electronic Communications Committee provided Casemaker testing and validation in order to provide the most robust product. The Committee sponsored a presentation for members on electronic case filing from Roger Winters, the electronic court records program manager for the King County Clerk’s Office. The Committee also continued its mission to inform and assist members on the use of technology.
Judicial Recommendation Committee
The Judicial Recommendation Committee conducted a mandatory orientation to provide guidance and training for new members. Many returning members also attended this session. The Committee interviewed nine judicial candidates and continued to fine-tune the interview process including pre-interview reference checking and adjusting interview questions.
Pro Bono and Legal Aid Committee
The Pro Bono and Legal Aid Committee promoted and publicized amendments to RPC 6.1 and revised the 2004 voluntary reporting form to address questions and concerns, and monitored and analyzed data compiled from 2004 reporting forms. The Committee initiated discussions with Judge Karen Overstreet about unbundling legal services in bankruptcy cases, and priority for volunteer attorneys on motions calendars and telephonic appearances. These ideas were circulated at the spring bankruptcy judicial conference and Ninth District Court Conference. The Committee met with Justice Mary Fairhurst and Justice Bobbe Bridge to discuss ways for the Washington State Supreme Court to encourage pro bono service, drafted two articles to be used for this purpose, and is developing an “honor roll” to recognize attorneys who provide an extraordinary number of pro bono hours. The Committee met with the MCLE Board to oppose its proposal to revise APR 8(e) to mandate CLE compliance for Emeritus attorneys and agreed to participate on a subcommittee to review and draft a compromise that would only affect Emeritus attorneys when and if they return to active status.
Professionalism Committee
The Professionalism Committee continued to promote the Random Acts of Professionalism Program, and in September, 2004-2005 Committee Chair Peg Callaway made a presentation about the program at the Fall Judicial Conference. The Committee is happy to report that use of the program has increased among both lawyers and judges, and those using it are pleased there is a program to recognize others for their professionalism. The Committee made progress on working with the county bar associations to have WSBA Creed of Professionalism plaques in courtrooms throughout the state. The Committee also made contacts with the law schools to help foster professionalism early on. Additionally, brown-bag CLEs were presented at several law firms.
Public Information and Media Relations Committee
The Public Information and Media Relations Committee hosted a public forum at the Seattle Central Library titled “What Was the Judge Thinking? The Duty to Decide.” The goal of the program was to enlighten the public about the role of judges, and to foster appreciation and understanding of their role in our justice system. The panel was outstanding: Supreme Court Justice Barbara Madsen, King County Superior Court Judge William Downing, former King County Superior Court Judge Robert Alsdorf, and Seattle University Law Professor Julie Shapiro. The moderator was Tracy Vedder, an investigative reporter for KOMO 4 News. The forum was taped and broadcast by TVW and the Seattle Channel.
Section Reports
Administrative Law
The Washington Administrative Procedure Act was the focus of a well-attended annual meeting and CLE held in September. During the meeting, the first annual Frank Homan Award was given to C. Robert Wallis, administrative law division director of the Washington State Utilities and Transportation Commission. Among other seminars, the Section hosted a public records luncheon CLE in Spokane as part of its priority to provide local seminars in Eastern Washington. The Board of Trustees created a Diversity and Young Lawyers Committee with immediate plans to sponsor a practice tips seminar for new lawyers. Kitsap Legal Services received a $1,500 contribution through the Section’s annual grant program.
Animal Law
The Section newsletter, complete with summaries of recent animal law cases submitted by practitioners, legislative updates, and other animal law resources, is considered to be one of the most valuable benefits by the membership. In April, the Section cosponsored the third annual Animal Law Conference, highlighting animal law legislation issues from the national, state, and local perspective. Earlier in the year, the Section sponsored a well-attended seminar in Spokane on the standards of care in regard to veterinary malpractice, animal abuse, and dangerous dogs. The Section leadership reviewed animal law-related bills throughout the 2005 legislative year.
Antitrust, Consumer Protection and Unfair Business Practices
The annual meeting and CLE held in November highlighted trends in antitrust policy from a state, national, and international perspective. This year’s seminar continued the reputation of being a well-attended and highly acclaimed event, with members valuing the substantive material and complimentary copy of the Section’s third edition of the Washington Antitrust and Consumer Protection Handbook. Last published in 2001, work has begun on a handbook supplement slated to be completed in time for the 2006 annual meeting and CLE.
Business Law
A valuable benefit to members this past year was receipt of the Washington Business Corporations Act (RCW 23B) Sourcebook produced by the Section’s Corporate Act Revision Committee. In addition to the midyear meeting and a successful annual Northwest Securities Institute cosponsored with the CLE Society of British Columbia, the Section sponsored other CLE offerings, including cosponsoring a licensing seminar with the Intellectual Property Section, continued work on legislative issues, and contributed an additional $10,000 to Washington Attorneys Assisting Community Organizations (WAACO), a statewide organization providing free legal assistance to nonprofits on business-related matters. A highlight of the midyear meeting held in May was Washington State Attorney General Rob McKenna as the Kevin McMahon Speaker.
Construction Law
In June 2005, the Section sponsored a profitable midyear CLE titled “Big Projects, Big Problems.” One of the topical-issues forums held throughout the year was an October 2004 presentation on developing a regional transportation investment plan which had a follow-up session in the spring. Priorities for the coming year include planning the next annual midyear meeting and forum series, providing local events for members in Eastern Washington, and monitoring proposed legislation.
Corporate Law Department
The Section continued its successful quarterly dinner and CLE program featuring topics for in-house counsel. Special guest presenters over the last several months included Washington State Attorney General Rob McKenna and former Governor Gary Locke. Every other year, the Section sponsors the Corporate Counsel Institute with the next event scheduled this fall.
Creditor-Debtor
A successful seminar held in September at Gonzaga University highlighted the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. As part of its annual activities, the Section cosponsored the 2005 annual Northwest Bankruptcy Institute CLE and held an annual skills-development and hot-topics seminar in December 2004. In its first year of implementing an annual grants program to support the work of nonprofit organizations providing creditor-debtor legal services, the Section contributed a total of $15,000 to five service providers in four counties. The Section also provided comment on various bills during the 2005 legislative session.
Criminal Law
The Section cosponsored the 12th annual Criminal Justice Institute held in September 2005. In addition to low-cost full-day seminars on criminal law, free ethics CLEs were held during the past year at both Gonzaga and Seattle university law schools. Beginning in the fall of 2005, hosted meetings will be held with students at the state’s three law schools. The Section began to publish a newsletter again and the leadership reviewed criminal-law-related bills throughout the 2005 legislative year.
Dispute Resolution
A major Section accomplishment was helping to steer the Uniform Mediation Act and the Revised Uniform Arbitration Act to enactment during the 2005 legislative session. The annual meeting in September 2005 featured a CLE introducing these two acts, and the Section was one of the cosponsors of the 13th annual Northwest Dispute Resolution Conference held earlier in the year. The Section awarded a $2,000 dispute resolution summer clerkship to a Seattle University School of Law student who had the opportunity to work at a county dispute resolution center. Monthly member meetings often include educational programs such as an interactive session on ethics issues in mediation.
Elder Law
In addition to other CLEs sponsored by the Section during the past year, a highlight of the 2005 annual fall Elder Law Conference was featured speaker William Colby, lawyer for the family of Nancy Cruzan. The Section remained active in legislative issues: in addition to advocating for an increase in the Medicaid Medically Needy Income Level, a Public Guardianship Task Force was formed. Following an August 2005 report citing needs, costs, benefits, and recommendations, the Executive Committee adopted a resolution of support, including moving forward on steps for implementation. As part of its annual grant program, the Section awarded a total of $10,000 to three agencies providing legal services to seniors. An additional $20,000 contribution was made to LAW Fund.
Environmental and Land Use Law
The Section sponsored a quarterly CLE and reception, and the midyear meeting held at Lake Chelan in May provided a comprehensive review of current environmental and land use law issues. The Section’s new law-related curriculum for secondary education was also highlighted. The quarterly newsletter continues to be a significant member benefit, providing a wide variety of articles, updates, and reports. The Section contributed to the student environmental law groups at Gonzaga and Seattle universities with plans to sponsor internships at all three law schools in the next year.
Family Law
The Section’s midyear meeting held in June at Ocean Shores featured a nationally recognized keynote speaker focusing on how attorneys can help address the impact of divorce on the children of their clients. The annual skills-training seminar for lawyers new to family law was held in the spring. Expending significant effort in reviewing, analyzing, and responding to bills and legislation that may affect family law, the Section published status reports for its members during the legislative session. In tandem with a member of the executive committee serving on a workgroup charged by the governor to review the state’s child support statute and report to the Legislature, the Section conducted a questionnaire and hosted a stakeholder symposium in August. With the inception of a grants program in 2004, the Section contributed over $5,000 toward volunteer legal service programs throughout the state and the Washington State Bar Foundation’s Student Loan Repayment Assistance Program (LRAP).
Health Law
In order to determine member interests, a brief written survey was conducted in the fall of 2004. In November, the Section sponsored a CLE addressing the healthcare agenda for the upcoming 2005 legislative session, and in September, a CLE titled “Hot Button Issues in Pesticide Regulation” was cosponsored with the Environmental and Land Use Law Section. The Section webpages on the WSBA website continue to be expanded, particularly with links to local and national resources.
Indian Law
A major accomplishment for the Section, in partnership with the Northwest Indian Bar Association, was unanimous approval by the WSBA Board of Governors to include federal Indian jurisdictional principles on the Washington State Bar Exam, effective the summer of 2007. The annual meeting and CLE held in April featured Prof. Charles Wilkinson, leading Indian-rights scholar and author. As part of its annual student scholarship program, the Section awarded a total of $3,000 to six Northwest Native law students.
Intellectual Property
Outreach to the membership throughout the state as well as the three law schools was a major focus for the year. Successful CLEs included the 10th annual Intellectual Property Institute and a licensing seminar jointly sponsored with the WSBA Business Law Section. The Section sponsored a joint CLE for intellectual property practitioners with the Gonzaga University School of Law. “Meet-and-greet” events were organized at all three law schools, during which a $1,000 intellectual property law student scholarship was awarded to each institution. A significant redesign of the Section’s website was initiated with plans to launch in 2006.
International Practice
With networking as an important factor for Section members, the year kicked off with the annual Foreign Lawyers Reception followed by a successful and profitable CLE in December and the second annual Law Students Reception. The Section continues to coordinate events, including CLEs and brown-bag forums, with other sections and organizations related to the international law field. Among other topics, brown-bag forums addressed international dispute resolution and Russian civil codes. Members were invited to a meeting of the Consular Association of Washington, which highlighted the Section and addressed ways for the two entities to collaborate. The Section’s newsletter is now published electronically rather than in hard copy.
Labor and Employment Law
The Section held its fourth annual Labor and Employment Law Conference featuring a keynote address by the Hon. Robert S. Lasnik. An online survey was conducted to structure programs that meet member needs and interests throughout the state. As part of expanding relationships with the law schools, the Section established an annual labor and employment law summer internship program and provided a $2,500 grant to students attending Seattle University School of Law and Gonzaga University School of Law. The Section plans to support an internship at all three law schools in the next year. Contributions were also made to the Unemployment Law Project in Seattle and the Washington State Bar Foundation’s Student Loan Repayment Assistance Program.
Legal Services to the Armed Forces
The Board of Governors approved the creation of this WSBA section in April 2004, with activation in October 2004. Prior to becoming a section, it had served as a standing committee since 1996. The first year focused on establishing the leadership and assessing member benefits, including the development of a lawyer referral resource for the armed forces on the WSBA website.
Litigation
The Section’s midyear CLE, held at Lake Chelan in June, continued the tradition of providing the highest quality litigation-skills seminar featuring national lecturer and author David Gross on the power-trial method approach. A Section representative attended all Board of Governors meetings, providing a voice for the membership and trial lawyers. The Executive Committee hosted its annual meeting with the Washington State Supreme Court and was active in responding to numerous litigation-related legislative issues during the 2005 session. With a new format, the newsletter is now published three times a year.
Real Property, Probate and Trust
Based on ratings from attendees, the Section’s 2005 midyear meeting, held in Spokane, met established expectations for outstanding presentations. In other CLEs sponsored by the Section, the annual Real Estate Conference and a trust and estate litigation seminar were both well-attended. Providing novel ways to offer seminars outside the greater Seattle area is an ongoing priority. As one of the WSBA’s most active sections to develop and review new and proposed legislation, the Executive Committee responded to several bills during the 2005 legislative year. With the newsletter, the Section website, and the Section e-mail lists, members have quick access to current information and numerous resources.
Senior Lawyers
As in recent years, the attendance for the annual meeting and seminar, held at the SeaTac Marriott in April 2005, was high. The Executive Committee worked as a team to select the full-day program, resulting in well-received presentations, which included conflicts of interest, the state estate tax, vulnerable adults, current developments in elder law, and other topics. A valued member resource, the Section’s quarterly newsletter, Life Begins, often includes articles from the WSBA’s other practice sections.
Solo and Small Practice (formerly Law Practice Management and Technology)
As a significant move for the Section, in July 2005, the Board of Governors approved changing the name to Solo and Small Practice to more clearly identify its focus. Among other CLEs held during the year, members benefited from the annual Northwest Law Office Management Institute and Expo, the popular Winning Strategies for New Attorneys, and a practical business management seminar held in May cosponsored with the Puget Sound Chapter of the Association of Legal Administrators.
Taxation Law
In January, the Section hosted its first reception for the tax-court judge presiding over the year’s Seattle trial session. The Section was pleased to have Robert D. Comfort, tax and tax policy vice president of Amazon.com, as its guest speaker for the 2005 annual tax law luncheon. Prof. Roland Hjorth, dean emeritus of the University of Washington School of Law, was the recipient of the Section’s Stouder Award. In addition to the membership, 30 students from the University of Washington graduate program in taxation attended the luncheon, where an annual $5,000 scholarship was awarded to one individual. Numerous tax-related bills were monitored during the 2005 legislative year.
World Peace Through Law
A major benefit for Section members is the monthly speaker meeting and free CLE on human-rights law issues. Given the diversity of issues and outstanding presenters, the sessions have had high attendance. Presentations in the past year reflect the wealth of international human-rights law information provided, including Iraq’s new constitution, judicial reform in Russia, the international criminal tribunal in Rwanda, defending the rights of environmentalists, the Alien Tort Claims Act, global health and human rights, human trafficking, and forensic investigations and human rights.
