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September 2006A Privilege Like No Otherby S. Brooke Taylor, WSBA President Wanting to “make a difference” is a common desire. Lawyers seem to be particularly susceptible, and thousands of our WSBA members are successful in this endeavor. The practice of law presents many opportunities to have an impact, with our clients, in our committees, and within our profession. The privilege of serving as WSBA president provides an opportunity like few others. Presidential prerogatives include determining where five of eight meetings of the Board of Governors will be held around the state; setting the agenda for these meetings; deciding where to visit and what events to attend; key-noting many events, meetings, and receptions, including “listening lunches” with local bar associations during Board meetings; and, perhaps most importantly, communicating with you through these “President’s Corner” columns. These monthly articles have not only allowed me to write about things I care about, but have also provided a road map for my year as president. It may be useful to revisit these columns and review where this year has taken us. The first three columns dealt with one of my two chosen themes for the year, that of developing and institutionalizing a long-term WSBA program for public education about four foundational principles of our democracy: the rule of law, separation of powers, the doctrine of checks and balances, and judicial independence. The October column featured the Terri Schiavo case as an example of these principles, under the title “Rebuilding Public Faith in an Independent Judiciary: Why We Lost It; How We Can Get It Back.” November’s column, “It’s Fundamental: Democracy, Justice, and America’s Courts,” used the example of Whatcom County attorney Deborra Garrett’s efforts to secure the privacy rights of library customers against government intrusion, a prime example of separation of powers and the role of the judicial branch in protecting our citizens’ basic rights. The December column, “It’s Fundamental, Even When East Meets West,” used the dramatic litigation in Chelan County over the gubernatorial race as a conspicuous demonstration of these principles — a respected member of the judicial branch, deciding who had won the top seat in the executive branch, based on standards of review enacted by the legislative branch. At the time I was preparing the December column, I wanted to write about the impacts of the expensive and bitterly fought battles over initiatives 330 and 336, but did not know the results of the general election until too late to meet my deadline. Had either initiative passed, the column would have been very different. That column had to wait until January, as the Legislature was starting its annual session, which seemed at the time to be too late to have any impact on the opportunities for a meaningful compromise. The column entitled “An Open Letter to Physicians — We Need to Talk” started as a “long shot,” and turned out to be perhaps the most gratifying initiative of my year. The Washington State Medical Association promptly accepted my invitation, the governor invited all the stakeholders to her table in Olympia, and a truly remarkable collaboration occurred over a very short two months, leading to the passage of SHB 2292, as chronicled in the April column entitled “And Talk We Did.” In the long run, the collaborative process may turn out to be more important than the legislation itself, hopefully setting a precedent for further joint efforts by the legal, medical, and insurance communities based on one simple concept: professionals of good will coming together to negotiate in good faith. For her efforts, Governor Gregoire will receive the WSBA’s Outstanding Elected Official Award at the Annual Banquet on September 14. Many others who contributed to this remarkable process are acknowledged in the April column. The columns which appeared in February, “Tales From the Taxi Cab,” and in March, “On the Road Again,” chronicled my travels as a long-distance president, and the many valuable lessons I have learned along the way. Of particular importance to me has been outreach to county bar associations, implementing my other theme for the year. I had promised the Board of Governors that I would accept every invitation offered, and I have been able to do so, visiting 25 counties over a two-year period. I distinctly recall being in Bingen, Washington, to attend a delightful joint dinner meeting of the Klickitat and Skamania County bar associations, and having a 55-year member tell me that, in his recollection, no WSBA president had ever visited there. I enjoyed every minute of those visits, and I hope that they were as meaningful to those of you who attended as they were to me. They allowed me to talk directly to you about my two themes for the year, and also about the dramatic changes in the composition of leadership for your Bar Association which have occurred over the last five years, as explained in August’s column, “Number 115 and Counting,” where I attempted to give you good reason to consider involvement yourself, using this year’s president as a classic example of the concept that “if I can do it, you can do it.” The May column was devoted to guest columnist Joanna Plichta, and was entitled “Restoring Faith in the Independent Judiciary Through Judge Greer’s Story.” Joanna, then a third-year student at Seattle University School of Law, was the winner of the first annual Presidential Scholar Essay Contest, and brought us back to the Terri Schiavo case and its numerous messages for all our citizens. That theme was again picked up in the columns for June and July dealing with the incredible J.A.I.L. Initiative on the ballot in South Dakota, with its ominous implications for all of us. As I look back over the year, I am so proud of the work done by our Board of Governors and our very capable and professional staff at WSBA headquarters. And I keep coming back to the same dominant theme, over and over again, whether I am revisiting my own writings, recalling comments from other bar leaders around the country, or remembering my readings from the many journals available to our profession: The need to protect the Third Branch is now greater than ever, and rapidly reaching crisis status. And the answer, very simply, is public education and understanding — a mission that requires heavy involvement from lawyers and judges nationwide. At the Western States Bar Leaders Conference in March, all 16 state bar presidents in attendance endorsed a nationwide effort in support of this mission as the highest priority for our profession. WSBA efforts will be known as the Foundations of Freedom Project, with the “Foundations” being the rule of law, separation of powers, the doctrine of checks and balances, and judicial independence. An electorate well informed about these principles would never pass a J.A.I.L. initiative. I am grateful to the hard-working members of the President’s Initiative Advisory Committee who have worked diligently for a full year to get this project up and running. As I did back in my October column, I again urge you to consider participation in this essential and worthwhile project. Finally, let me thank you for the honor of serving as your president. It is a privilege like no other I have experienced, and the pinnacle of my 37-year career in the law. I have enjoyed every day of this journey, particularly the opportunity to meet with colleagues across our state. You have made me proud to be a lawyer, and proud to serve as your president. I hope that my efforts have in some way made a difference.
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