Judicial News

Governor Chris Gregoire has appointed three WSBA members to judicial positions in recent months. Senior Assistant Attorney General and Section Chief Teresa C. Kulik, of Wenatchee, was appointed to the Court of Appeals, Division III, District 3, effective February 16, 2006. The seat was vacated on November 1, 2005, by Judge Frank L. Kurtz, who was appointed to the United States Bankruptcy Court for the Eastern District of Washington.

Kulik joined the Attorney Generals' Office in 1981. She was a division chief responsible for seven regional offices; represented the departments of Social and Health Services, and Labor and Industries; served as general counsel to Central Washington University (21 years) and Yakima Valley Community College (five years); and opened Attorney General branch offices in Yakima, Port Angeles, and Wenatchee. From 1978-1981, Kulik was a staff attorney for Evergreen Legal Services in Clarkston, providing counsel to low-income individuals. Kulik served as president of the Yakima County Bar Association in 1994, and vice-president of Columbia Legal Services. She has been a 20-year member of the National Association of College and University Attorneys.

Snohomish County Deputy Prosecuting Attorney David Kurtz, of Everett, has been named to the Snohomish County Superior Court. The seat was recently vacated by Judge Stephen Dwyer, who won election to the Washington State Court of Appeals. Kurtz joined the Snohomish County Attorney's Office in 1983. He litigated more than 100 felony jury trials and supervised the Violent, Charging, Juvenile, District Court, and Special Assault units. Most recently, he supervised the Domestic Violence Unit.

Kurtz has served as president of the Snohomish County Bar Association; currently serves on the boards of the Snohomish County Labor Council and Compass Health; and chairs the Criminal Justice Advisory Committee at Everett Community College. Kurtz is active in community theater and has completed 47 marathons.

Skagit County Superior Court Commissioner Dave Needy, of Mt. Vernon, took a seat on the Skagit County Superior Court effective January 20, 2006. Needy was appointed Skagit County Superior Court commissioner in 1997. He was appointed Skagit County prosecutor in January 1993, won a special election later that year, and won reelection in 1994 to the same post. From 1985-1993, Needy served as chief criminal deputy prosecutor in the Skagit County Prosecutor's Office. From 1981 to 1985, he was deputy prosecuting attorney for Benton County.

He received the Campaign for Equal Justice Award in 2004, and the Skagit County Legal Assistant and Professionals Boss of the Year Award in 1999. Needy served as president of the Skagit/Mt. Vernon Rotary Club from 1997 to 1998, and has been a board member of Youth Dynamics since 1988.

News Coups

WSBA Member To Head ABA

William H. Neukom, chair of Preston Gates & Ellis LLP in Seattle, has been nominated to become president-elect of the American Bar Association. The ABA House of Delegates will vote on Neukom's nomination at its Annual Meeting in August 2006. If elected, Neukom will be ABA president-elect for one year, and will then serve a one-year term as ABA president beginning in August 2007.

Neukom indicated that he would focus on serving the members of the association during his tenure. "I would like to enhance ABA programs that help lawyers better serve their clients, our communities, and our nation," Neukom said.

Additionally, Neukom plans to emphasize the rule of law in this country and abroad. "A rules-based system of self government that includes a strong and accessible legal process featuring an independent bench and bar is critical to every nation," he said.

Active in organized bar work for more than 35 years, Neukom is currently serving his third term as the Washington state delegate to the ABA House of Delegates. He also served as secretary of the ABA, and chaired the Young Lawyers Division of both the ABA and the Seattle-King County Bar Association.

Neukom served as Microsoft Corporation's lead lawyer for nearly a quarter century, from 1978 to 1985 while in private practice and from 1985 to 2002 as its general counsel. During his tenure as general counsel, Neukom established Microsoft's Law and Corporate Affairs Department and grew the group from five employees to more than 600. As head of the department he oversaw corporate affairs, including government, industry, and community affairs, as well as the company's legal matters. In fall 2002, Neukom returned to Preston Gates & Ellis. He is a member of the firm's business law practice and has served as chair of the firm since January 2004.

Neukom is also active in community affairs, serving as chair of the board of trustees of Dartmouth College, and as a board member of the Greater Seattle Chamber of Commerce, the YMCA of Greater Seattle, the National Judicial College, the Pacific Council on International Policy, and the University of Puget Sound. He earned his law degree from Stanford University in 1967 and his A.B. from Dartmouth College in 1964.

With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. While Washington has a large ABA membership and many section and committee chairs, Neukom will be the first ABA president from Washington since Frank E. Holman held the position in 1948-49.

Thanks, Dean

On the retirement of Court of Appeals Judge J. Dean Morgan, by Dennis Sweeney

Judge J. Dean Morgan retired from the Washington State Court of Appeals this past fall. He did so the same way he chose to serve the law and this state — quietly and without fanfare. And yet, his contributions to the law, the legal community, and this court that I serve, rank up there with the best who have ever carried the title judge.

There are few of us who pretend to do this work, who can claim his understanding of the history, the purpose, and therefore the proper application of the doctrines and processes that are the daily business of appellate review in this state. Reading a "Dean Morgan" opinion is like reading a learned treatise. This accomplished teacher usually started with a statement of the legal principle in play, an explanation of the purpose of that rule, all of which he then neatly folded into an application that now made sense. Read his discussion of judicial discretion for an example in State v. Karpenski (94 Wn. App. 80, 971 P.2d 553). To this day, I encourage law clerks to seek out a "Morgan Decision" on evidence, the sentencing reform act, or any of the judicial processes that make up our daily work. And while I might comment or even chuckle at the length that Judge Morgan went sometimes to develop a point, those opinions will remain an enduring source of both wisdom and information to the bar and bench of this state.

Any who were fortunate enough to sit through one of his evidence classes knows that this was someone with more than just a mastery of the law, and particularly the law of evidence. This was also a guy who could effectively communicate that deep understanding.

The business of judging in appellate courts may be inexorably grinding toward a more ideologically driven, more political decision making. But if that is true, then Judge Morgan was a beacon of hope. He talked one time of the need to run for election again and commented that if the decisions he gave us were not enough to get him reelected then he wasn't sure he wanted the job. His understanding of the history, purpose, and focus of these rules was so sufficient that thoughtful judicial opinions seemed to roll out of him, opinions that continue to be a struggle for many of the rest of us. This is intellectual honesty at its highest.

Judge Morgan's retirement is a big loss to the legal community and the citizens of this state — the loss of a scholar, a teacher, and an important judge.

Dennis J. Sweeney is a judge of the Washington Court of Appeals, Division III, in Spokane.

In Memoriam

The WSBA mourns the deaths of our friends and colleagues Joy McLean and Katherine Johnson, who were killed in a car accident on March 4. Joy was the director of the WSBA Office of Disciplinary Counsel (ODC) and Katherine was an investigator with ODC and the Practice of Law Board. They will be greatly missed. More information will appear in the May issue of Bar News.

Kevin Jung

Mr. Jung, 45, died February 11, 2006, in Bellevue. Jung died of complications from a gunshot wound to the head inflicted by another lawyer, William Joice. Tried for the attack, Joice testified he was trying to buy some time on a case he had with Jung, and intended only to wound him. Jung suffered severe injuries and was unable to speak or respond after the incident. Joice was convicted and received a 32-year sentence.

Jung was a well-known figure in the Korean-American community. In addition to his law practice, he hosted a weekly public-affairs program on a Korean language TV channel, and was a contributor to a variety of publications, including Bar News. Survivors include his wife and two children.

Hon. Frank D. Howard

Longtime state and federal judge Frank D. "Don" Howard, 74, died in Kirkland January 29, 2006. Appointed to the King County Superior Court bench in 1969, Howard became a federal bankruptcy judge in 1988. He retired in 1996. Friends said he found his true calling as a judge, and he won praise for his management of complex cases. Survivors include his wife and two children.

Juin DesRosiers Barker

Ms. Barker, 50, died November 5, 2005, in Simi Valley, California. A memorial service was held November 12 in Thousand Oaks.

John T. Piper

Mr. Piper died February 3, 2006, in Seattle. After a stretch in private practice, he went to New York University for a tax law degree, and then joined the U.S. Justice Department. After trying cases around the country, he returned to the Northwest, first as in-house tax counsel for Weyerhaeuser. He later practiced with Perkins Coie, Karr Tuttle Campbell, and Bogle & Gates, working until shortly before his death. Survivors include three children and five grandchildren.

Paul M. Williams

A marine in the Pacific in World War II, Mr. Williams, 80, died at his home in Hansville. A devoted outdoorsman, he helped found the Northwest's first mountain rescue council. He climbed Mount Rainier nine times, made two attempts on Aconcagua in Argentina, and reached the summit of Mount McKinley. Survivors include his wife, their eight children — whom he called "the thundering herd" — 14 grandchildren, and six great-grandchildren.

A. Paul Bitar

Mr. Bitar, 87, died September 15, 2005. He was a Hoquiam attorney for more than half a century, and practiced 26 years with his son, attorney Douglas Bitar.

Joseph S. Montecucco

A mentor to generations of Washington government attorneys, Mr. Montecucco joined the Attorney General's Office in the early 1960s and was a division chief for 13 years. From 1982 to 1992, he was in private practice in Bellevue; he returned to the AG's Office and retired there in 1997. In 1999, the WSBA honored him with its Angelo Petruss Award for Lawyers in Public Service for his work mentoring lawyers in state service. Survivors include his wife, seven children, and nine grandchildren.

Susan L. Baddour

A 2002 graduate of New York Law School, Ms. Baddour, 31, worked as a deputy district attorney in New York City before she fell ill. Survivors include her parents and a brother.

Norman G. Sauer

A 1945 West Point graduate, Mr. Sauer, 84, made a career in the Air Force, retiring in 1969 as a lieutenant colonel. He enrolled in Gonzaga School of Law and set up practice in Ferry County, where he also ran a ranch. He served variously as the county prosecutor and district court judge. Sauer's wife, four children, six grandchildren, and one great-grandchild survive him. He died June 1, 2005.

Seaton M. Daly Jr.

Mr. Daly, 88, was a Pacific minesweeper captain in World War II. He practiced in Spokane for more than 50 years, retiring at age 82. Survivors include his wife, son, six grandchildren, and three great-grandchildren. Two children predeceased him. Daly died November 21, 2005.