November/December 1997

Taking A Stand

by Kathleen J. Hopkins

 With the recent elections, upcoming legislative session and plethora of initiatives and referenda, the WYLD Board and Committees are frequently asked to take formal positions on political issues.  As an affiliate of the ABA-YLD, WYLD board members will also be asked to vote on resolutions proposed to the ABA-YLD assembly.  The WYLD takes seriously its duty to represent its constituents, and board members frequently question whether the WYLD, as part of a mandatory bar, should limit its consideration to issues directly affecting the practice of law.  Our board is not alone in wrestling with this matter, and one resolution that will be presented at the February 1, 1998 ABA-YLD Assembly urges that body to consider those resolutions that are germane to the organization.

On first glance it seems appropriate to limit WYLD's action to issues affecting the practice of law, but upon closer scrutiny that guideline becomes illusory.  Certainly, an attorney worth her salt can make an argument that practically anything affects the practice of law.  For example, in September the WSBA Board of Governors endorsed initiative 677.  You will recall that initiative would have prohibited employment discrimination based upon sexual orientation.  During discussion, some of the Governors urged their brethren to take a stand, pointing out that legal employment would be affected.  In fact, one of the initiatives proponents even provided the Governors with the sad case of an Eastern Washington court employee with flawless performance reviews who was fired by the presiding judge when he learned the employee was gay.  Similarly, last spring the Governors voted to oppose initiative 200, which would essentially eliminate affirmative action programs.  Again, it is easy to make the leap and argue the initiative affects the practice of law.  A similar initiative is already law in California and has decimated the minority ranks at state law schools.  Yet another example is a resolution proffered to the ABA-YLD assembly last year which urged states not to adopt an English-only policy.  Supporters argued its germaneness by pointing to the areas of law enforcement and court administration.

Just how far down the slippery slope should the WYLD slide?  Should it limit the board's discussion to the illusory guideline mentioned, or is there a meatier tool it can use?  Currently, the formal WSBA policy requires 75% approval before the WYLD or a committee takes a formal position or action on legislation.  That policy stopped the WYLD Board from taking formal positions on 200 or 677; the Board was evenly split on the germaneness of the issues and never reached their substance.  To supplement that policy it may be appropriate for the WYLD to follow the resolution that will be urged on the ABA by the Texas Young Lawyers, and limit consideration to issues which fall within the stated mission of the WYLD.  Again, however, the problem is meatiness.  The WYLD mission statement is broad, and provides as follows:  “The purpose of this division shall be to encourage the interest and participation of young lawyers in the activities of the Association, to develop and conduct programs of value to young lawyers and the public, to improve the legal system and to work to enhance the quality of the legal profession in our state and our country.”

The goals and objectives flowing from that Statement reach out into every area of life.  Thus, every issue can arguably fit within the mission's grasp, from needle exchange programs to changes in the court rules.  At our January 1998 meeting the WYLD Board's task force on this matter will provide its recommendation.

In the meantime, the WYLD board will continue to consider political issues on a case by case basis.  The WYLD Legislative Committee will be hard at work, analyzing relevant state legislation and court rules and bringing certain issues to the Board's attention.  In addition, the WYLD will be attending and voting on political issues at the ABA-YLD assembly.  Remaining true to our charge, however, the WYLD will be proposing its own resolution, which the Board believes will promote our constituents’ best interests.  Drafted by Trustee Don Black, the WYLD will encourage the ABA to take affirmative steps in advocating the repeal of federal statutes requiring states to implement professional and occupational license revocation as a consequence of defaulting on student loans.  If the resolution succeeds at the ABA-YLD assembly it might even be referred onto the ABA House of Delegates for Consideration next summer.  I'll keep you updated on our progress!

Kathleen J. Hopkins is a senior associate with Graham & James/Riddell Williams, and the President of the Washington Young Lawyers Division.

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