CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes...

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ccbawashington.org MAY 2012 OFFICIAL NEWSLETTER OF THE CLARK COUNTY BAR ASSOCIATION page 14 CCBA Welcomes Judge Gonzales page 5

Transcript of CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes...

Page 1: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

CLARK COUNTY BAR ASSOCIATION500 W. 8th Street, Suite 65Vancouver, WA 98660

ccbawashington.orgMAY 2012

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THIS MONTH’S ISSUE

President’s Message ............................................................................3

The CCBA Welcomes Judge Gonzales ................................................5

2012 CLE and Nuts & Bolts Calendar ..................................................8

CCBA Monthly Board Meeting Minutes..............................................10

CLE - Adoption ....................................................................................11

Superior Court Meeting Minutes ........................................................13

Family Law Section Meeting ..............................................................14

Double Hearsay ..................................................................................15

Kids Love Lawyers! Students Learn About Civics ............................17

INHERITING THE WINDBAGS: Monkeying Around with Justice ......20

Guantanamo & Kenya Enthrall American Inns of Court Members....22

Hearsay Profile: Douglas Foley ..........................................................23

Clark County Volunteer Lawyers’ Program ........................................24

Law Library News................................................................................25

News You Can Use..............................................................................25

Attorney Bookkeeping Tips ................................................................25

SW Washington Lawyer Referral Service ..........................................26

Events Calendar ..................................................................................26

IMMEDIATE PAST PRESIDENTKurt Rylander(360) [email protected]

TRUSTEEJane Clark(360) [email protected]

TRUSTEEArin Dunn(360) [email protected]

TRUSTEEJill Sasser(360) [email protected]

VLP REPRESENTATIVEDavid Gregerson(360) [email protected]

OFFICE MANAGERLisa Darco(360) [email protected]

MEMBER SERVICESKaitlin Lisandrelli(360) [email protected]

HEARSAY EDITOR-IN-CHIEFKurt Rylander(360) [email protected]

PRESIDENTJohn Fairgrieve(360) [email protected]

VICE-PRESIDENTSuzan Clark(360) [email protected]

TREASURERJ.D. Nellor(360) [email protected]

SECRETARYDavid Gregerson(360) [email protected]

2011/2012 CCBA OFFICERS & TRUSTEES

RICHARD G. SPIERMEDIATOR

Highly experienced–full-time neutral since 1992

Business & commercial; personal injury; employment; real estate & construction

Listed for Mediation inThe Best Lawyers in America ®

Member, Oregon and Washington Bars503-284-2511

Fax 503-284-2519

[email protected] www.spier-mediate.com 2536 N.E. 28th Avenue Portland, Oregon 97212-4916

No charge for travel time or travel expense in Oregon and Washington

HEARSAY is published 12 times per year and is design edited by: JEFF GOUGH, Creative Director • GOUGH CREATIVE GROUP

360-818-4GCG • [email protected]

An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopysubscription for $48.00. Letters, news items, upcoming events and announcements are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor’s discretion and spaceavailable. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. The publication does not purport to offer legal advice.

CCBA OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m.

Law office of:

JANE E. CLARKA T T O R N E Y A T L A W

1014 Franklin StreetFranklin Suites, Suite 108

Vancouver, WA 98660

Available for Referral or Association

Vancouver 360.859.3823Portland 503.974.4161

Email [email protected]

MEDICAL MALPRACTICEWRONGFUL DEATHPERSONAL INJURY

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Associations for 20 years.

The focus of Mike Simon's lawpractice is representingcondominium and homeownersassociations, governmentcondemnations, individuals andbusinesses with land use, realestate, and civil litigationmatters. He approaches eachissue through its details,reviewing and interpreting themost complex documents toformulate the best approach torepresenting his clients.

MICHAEL SIMONPhone: 360-696-3312 (WA)

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Fax: 360-696-2122

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HEARSAY - MAY 2012 326 CLARK COUNTY BAR ASSOCIATION

Dear fellow bar association members:

There are two matters I would like to discuss this month. Thefirst concerns current initiatives the Clark County Bar Associa-tion is pursuing. The second concerns the potential impact thatcertain recommended cuts to the Washington State Bar Associa-tion budget would have on local attorneys who are involved in,or may be interested in becoming involved in, WSBA activitiesin the future.

On March 26 of this year our association had its second and lastgeneral membership meeting of the year. After a number ofreports summarizing our financial status and activities, weengaged in a guided discussion about the priorities of the associ-ation. In general, we discussed the continuing legal educationprogram, the proposed mentorship program, a proposal that webecome more involved in civics education, our current duesstructure, and ways to increase participation by our members inour activities.

At its meeting in April and again in early May the CCBA Boardof Trustees discussed the information gathered from our mem-bers at the meeting in March, particularly as it related to creatinga mentorship program and increasing our involvement in civicseducation. Concerning the former, after discussing the compo-nents of successful mentorship programs and the Oregon StateBar Association’s mandatory New Lawyer Mentoring Programthe board has decided to host a meeting which will occur in Juneto discuss what sort of mentorship program the members of ourassociation want and would be willing to actively support. Thetime, date and location of this meeting will be published shortly.

Turning to civics education, Jill Sasser, one of our trustees andone of the organizers of the mock trial competitions for the pasttwo years, has informed the board that she believes that the pro-gram could be expanded to high schools that do not currentlyfield teams. Once Jill determines what the level of interest is shewill report back to the board and we will begin to recruit attor-

neys to coach the new teams. If you are interested in doing soplease contact me or Lisa Darco, the association’s office man-ager, at [email protected].

Finally, as you are probably aware, the WSBA member referen-dum to reduce license fees to $325 recently passed. The WSBABoard of Governors met on April 27-28 to address a number ofmatters, including a series of budget recommendations by theWSBA’s Budget and Audit Committee to close what it estimatesis a $3.6 million budget gap. One of the recommendations is toeliminate funding for positions on WSBA standing committees,boards and task forces. The effect of this recommendation willbe that volunteer board and committee members will no longerbe reimbursed for travel expenses including airfare, mileage,lodging, and meals. Details of the Budget and Audit Commit-tee’s recommendations can be found athttp://www.wsba.org/About-WSBA/Governance/Board-of-Governors/Meeting-Materials. The Budget and auditCommittee’s recommendations can be found on pages 631-633.

For many reasons the WSBA suffers from a Seattle-centric orien-tation and it is important for attorneys from other regions of thestate to serve in leadership positions within the state bar. It isalready a hardship for many local attorneys to serve on WSBAcommittees, boards and task forces due to the time it takes totravel to meeting sites. Withdrawing reimbursements for travelexpenses will have the net effect of further discouraging attor-neys from outside the Seattle area from participating inleadership positions in the WSBA.

I urge you to take a few minutes to inform yourself about thecuts being proposed to the WSBA budget, and to make yourfeelings known to our WSBA representatives. Our governor,Brian Kelly, can be reached at [email protected]. TheWSBA president, Steve Crossland, can be reached [email protected].

PRESIDENT’S MESSAGE

JOHN FAIRGRIEVECCBA President

The CCBA’s Lawyer Referral Service is a program designed tohelp the general public find attorneys appropriate for theirneeds, while at the same time providing a source of new clientbusiness exclusively to our members.

To participate, members pay a small one-time annual fee. (The service is free to the public.) For more information, call the CCBA at 360-695-5975.

THE SWLRS REFERRED 272 CLIENTS IN THE MONTH OF MARCHAdministrative Law ......................................................16Bankruptcy ....................................................................6Business & Corp ..........................................................12Consumer ....................................................................17Criminal ........................................................................19Debtor/Creditor ............................................................11Family Law ..................................................................51General Litigation ........................................................63Labor & Employment....................................................30Real Property................................................................23Wills & Trusts ..............................................................12Worker’s Comp ..............................................................8ADA ................................................................................2

SW WASHINGTON LAWYERREFERRAL SERVICE

UPCOMING EVENTS

May 23, 2012Hearsay Committee MeetingCCBA Office - Noon

June 6, 2012CCBA Board MeetingCCBA Office - Noon

June12, 2012Superior Court Bench/Bar MeetingCourthouse - Noon

June 13, 2012Family Law Section CLE & LunchTommy O’s - 11:30am

June 13, 2012Nuts & Bolts: AdoptionRed Lion at the Quay - 3:00pm - 5:00pm

June 15 & 16, 2012GAL Title 11 TrainingWater Resource Education Center -9:30am - 5:30pmCall CCBA if you’re interested in attending

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Page 4: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

HEARSAY - MAY 2012 254 CLARK COUNTY BAR ASSOCIATION

LAW LIBRARY NEWS

The Clark County Law Library is making arrangements to have apublicly-available trial of Westlawnext in the law library, mostlikely during the month of June. Please come in, take it for a testdrive, and tell us what you like/don't like about it compared towhat we are now calling "classic" Westlaw. Our contract is upthis fall, and we need to decide what online service we want tohave, and your input is important to us.

FOR SALE through May, 2012The law library is taking blind bids on the following items:1. Criminal Caselaw Notebook 2011 (print) with update, andCD Rom 2008.2. Deposing and Examining Doctors CD Rom.3. Defending Drinking Drivers CD Rom.Electronic discovery materials:4. Information Technology Primer for Legal Professionals5. ESI Pretrial Discovery Strategies and Tactics6. Electronic Discovery and Evidence CD Rom 3rd editionGive your bid to the law librarian through the end of May. Bidsmust indicate your name, phone number, amount, and item(s)on which you are bidding. Winners will be notified in early June.We reserve the right to withdraw an item from bidding.

NEWS YOU CAN USE

New Addresses:Nicholson Legal Services, PLLCErnest L. Nicholson, Attorney at Law7700 NE 26th Ave.Vancouver, WA 98665-0672360-574-1600 • Fax [email protected]

QuickBooks Vendor MaintenanceEntity ChangeTo keep history, if a vendor changes entities, such as from soleproprietorship to S-Corp, setup a new vendor for the corpora-tion and inactivate the sole proprietorship (note: the namesneed to be different, so for the corporation add PS or Inc., etc.).To inactivate a vendor:1. Click the Vendor Center2. Click the Vendors tab3. Right-click the vendor name you don’t want to use, and thenclick Make Vendor InactiveCombine Two VendorsIf a vendor is listed twice, say as KK Enterprises and KathleenKennedy Enterprises, merge the two vendor names so that all ofthe transactions are associated with just one name. To mergetwo vendor names:1. Click the Vendor Center2. Click the Vendors tab3. Right-click the vendor name you don’t want to use, and then click Edit Vendor.4. In the Edit Vendor window, change the vendor name to thesame name as the vendor you want to keep5. Click OK6. Click Yes to merge the two vendor names under the same nameNote: Once two vendor names are merged, it cannot be reversed.Edit VendorTo edit information for a vendor in the vendor list:1. Click Vendor Center2. Click the Vendors tab3. Right-click the vendor you want to edit, and then click EditVendor4. Edit the information shown for the vendor as necessary5. Click OKDelete VendorIf a vendor has no links, such as, has not been used in a check oris not part of a memorized transaction, and is not needed, deletethe vendor:1. Click Vendor Center2. Click the Vendors tab3. Right-click the vendor you want to delete, and then clickDelete Vendor4. Click OKTip: If you delete the vendor by mistake, immediately go to the

Edit menu and choose Undo Delete Vendor - the only time youcan revert a vendor deletion is immediately after you delete.

MARIA SOSNOWSKILaw Librarian

ATTORNEY BOOKKEEPING TIPSEMANUELA SANDRIAttorney Bookkeeping Services, Inc.

LISA DARCOCCBA Office Manager

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Page 5: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

HEARSAY - MAY 2012 524 CLARK COUNTY BAR ASSOCIATION

Gregory Michael Gonzales is now “Your Honor”. Judge Gonza-les became the newest member of the Clark County SuperiorCourt bench replacing retiring Judge Edwin Poyfair. Appointedby Governor Christine Gregoire to fill the seat, Judge Gonzaleswill take over the opening in Department 4.

Judge Gonzales was sworn in May 1st by Judge John Nichols andby all accounts, leaped into the duties like a kid entering Disney-land. The word "enthusiastic" was the most used by othersdescribing his first days. The official investiture ceremony waslate Friday afternoon on May 4th in Judge Barbara Johnson'scourtroom. The place was packed to the rafters with family, wellwishers and members of the bar. In an unusual twist, Judge Gon-zales used the occasion to announce he'd just become engaged toMolly Trafelet, his now fiancé. Local historians have been con-sulted, and this is believed to be a first in Clark County. No otherjudge in memory has used the investiture ceremony to alsoannounce their engagement. There was even a little suspenseinvolved. The Judge happily informed the crowd he'd askedMolly to marry him, but didn't tell us her response. So Judge,she said yes, right? Although, one could assume the response waspositive since Molly handled the role of helping his honor into hisfirst Clark County Superior Court standard issue black robe.

After Judge Johnson did the official swearing in, the standing roomonly crowd heard from Mike Roe describing his years with theJudge in private practice. Then Judge Bennett said a few wordsabout the job followed by the newest judge thanking all assembled.He mentioned he was truly humbled by all the support he receivedand the overwhelming favorable response in the bar poll. Whenhe sat down with the rest of the gowned members of the bench inattendance, it immediately looked like he belonged there.

So Judge Gonzales is joining a pretty elite club. Although theJudge did preside over the Battle Ground Municipal Court forthe last seven years, a big learning curve awaits. That's primarilybecause it looks like he'll be filling Judge Poyfair's family courtslot with Judge Rulli over in the annex. He'll even slide right intoJudge Poyfair's old office. Judge Gonzales admits he wouldn'tknow a family law case if it bit him. Fortunately, he also inheritsGizella Darfler, Judge Poyfair's very capable JA.

The local historians were consulted one more time and it isbelieved Judge Gonzales is the first person of color to occupy theSuperior Court Bench in Clark County. It wasn't that long agothat Clark County saw its first female on the bench. So history

was made twice in JudgeJohnson's courtroom thatday. Funny, but I'venever thought of JudgeGonzales as a person ofcolor. He was just GregGonzales. A funny, effer-vesent and passionateguy who really caredabout his clients and thepractice of law, with thereputation of being a veryfine lawyer. I guess that iswhere we are all trying toget to in this society. Iasked the Judge aboutthis historic first in our interview. Although the significance of itwasn't lost on him, he too says he just always thought of himselfas Greg Gonzales, and hoped others did as well. Nevertheless,this is a nice plus with his appointment. The county gets a reallygood candidate to dispel justice and a significant and increasingpercentage of our population sees someone who looks like themon the bench.

Judge Gonzales graduated from Lewis and Clark Law School in1981. His undergrad years were at UC Riverside. Of note is hisbaseball career at the school. The Judge was the starting secondbaseman in his senior year when the school won the Division IINational Championship. Skills he put to some use over his thirtyyears in the community acting as a volunteer coach for kid'ssports. He came to Clark County when Bill Baumgartner offeredhim a job in the summer of 81 with the then firm of Weber,Baumgartner & Gunn. He's stayed with the firm ever since,doing civil litigation.

Of course Judge Gonzales does have to run for election inNovember. So far, no one has announced any plans to challengehim for the seat. Given how well he fared in the bar poll, anychallenger would have an uphill battle. At 56, it's seems unlikelyJudge Gonzales will ever return to his career as a lawyer. Whichis something he tells me he'll miss. When asked what he'll missmost about private practice, he talked about being able to helpclients. The first lawyer in his family, Judge Gonzales told me hisbiggest achievement in life was when he became a lawyer. WellJudge, you just eclipsed that. Welcome to the bench your honor.Many of us hope you'll be there for a long time.

Susan Arney, Executive DirectorAshley Belisle, Program CoordinatorAdministrative: 360-823-0423E-mail: [email protected] you have clients that need our help, the first step is to havethem call the CLEAR hotline to be screened and to receive an ini-tial attorney consultation over the phone. I know it is hard to getthrough to CLEAR – but it is possible. There are instructions onour website – www.ccvlp.org – under Legal Help.The CLEAR phone number is – 1-888-201-1014 and they areopen Monday through Friday from 9:15 AM to 12:15 PM. Thetrick is to hang up and redial over and over. When the client getsthrough they are screened for eligibility and then they are placedon hold for up to 30 minutes or they may get an appointment fora call back later. They can receive some immediate help and canbe referred to one of the local programs for further assistance.Thanks, Susan MANY THANKS TO ALL THE ATTORNEYS AND PARALEGALS WHO STAFFED THE ADVICE CLINICS,HOMELESS CLINICS, PROVIDED REPRESENTATION,AND VOLUNTEERED IN THE HOMELESS COURT INTHE MONTH OF MARCH

DIRECT REPRESENTATIONMarvin Benson, Bill Brendgard, Mark Carter, Robert GreggStanley Horak, Phil Janney, Dustin Klinger, Scott MatthewsRobert Russell, Susan Stauffer, Randy Stewart, Todd Trierweiler

BANKRUPTCY:Erin McAleer

YWCA SAFECHOICE DV CLINIC:Sidney Dolquist, Susan Phillips Hammann,Vickie Kesala, Christie Martin, Kathryn Smith

FAMILY LAW:Lou Baran, Bill Brendgard, Matt Blum, Ivan Culbertson,Ed Dawson, Sidney Dolquist, Susan Phillips Hammann,Marlene Hansen, Lincoln Harvey, Robin Krane

GENERAL LAW:David Feeney

HOMELESS COURT:Chuck Buckley, Erin Culver, Abby Powell, Mark Sampath, Anna Waendelin

HOMELESS SHELTER:Peter Fels, Gavin Flynn, Dustin Klinger, David Feeney, Janna Lovejoy

HOUSING JUSTICE PROJECT:Tresa Cavanaugh, Ed Dawson, Janna Lovejoy, Scott MatthewsBill Robison, Ben Wolff, Phil Wuest

STATISTICS FOR MARCH

The CCBA Welcomes Judge GonzalesDON JACOBSHearsay Special Correspondent

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Page 6: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

HEARSAY - MAY 2012 236 CLARK COUNTY BAR ASSOCIATION

HEARSAY PROFILE DOUGLAS F. FOLEY

HOME: Battle Ground, WA

AGE: Wizened

PROFESSION: Wordslinger

HOBBY: History, travelling to Locations other than a courthouse when I find the time, Dead Languages and some Live ones, archaeology and general science - and more history .

LAST BOOK READ: Anabasis by Xenophon .

LEGAL PHILISOPHY: Enjoy it all -- and try not take anything too seriously, especially not yourself.

LATEST ACCOMPLISHMENT: Responding to an opposing counsel's brief without using a Latin phrase -- which is usually a pretext for telling the vappa ac nebulo what I really wanted to say about him and his malus nequamque arguments. WHY I DO WHAT I DO: Excellent question, and I have no good answer.

PROFILE: An optimist by choice.

BEVERAGE OF CHOICE: I am officially alcohol intolerant, that unfortunately came with age and despite being German\Irish - so everything defaults to Coffee. Leider! Es tut weh!

The CCBA will be hosting aTitle 11 Guardian ad Litem training on June 15 and 16

at the Water Resource Education Center.

Please contact Lisa Darco in the CCBA office for more information.

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HEARSAY - MAY 2012 722 CLARK COUNTY BAR ASSOCIATION

At the invitation of Chief Judge Barbara Johnson, Chris and JanKitchel gave a presentation to an enthralled group of attorneysat the April 25, 2012 meeting of the American Inns of Court onApril 25, 2012 regarding their respective experiences represent-ing individuals in Kenya and Guantanamo

Chris Kitchel used a three (3) month sabbati-cal to explore and study the Kenyan criminaljustice system as part of the Lawyers WithoutBorders program in 2011. The Kenyan crimi-nal justice system is like nothing we expect orexperience in the United States Corruption is

rampant and the standard of theday. Trials are not by jury. In fact,there are no trials. Evidence is notrequired to put someone in cus-tody, or in fact to keep them inprison for long periods of time. Thepolice are the prosecutors, and theaccused is not entitled to a defenseor a defense attorney.

Jan Kitchel volunteered to represent an individual incarcerated inthe U.S. Military Prison, Guantanamo Bay, Cuba, on a habeas cor-pus petition. The detainee speaks only Arabic and French. BecauseJan’s daughter speaks French, he coopted her college term for

assistance in communicating with his client.Of the numerous habeas corpus petitions filedfor all the detainees, approximately 30% weregranted by the United States District Courtfor the District of Columbia. However, allpetitions granted were reversed by the UntiedStates Court of Appeals for the District ofColumbia Circuit. Jan represented that inessence, the detainees are not going anywhere

until the Federal Government decides to release them. And even ifthe Federal Government decides to release them, they can’t bereleased unless a foreign country agrees to accept them, and nottorture them. Largely, this means European white detainees havegone home. Middle Eastern and African detainees remain at Guan-tanamo, even after being cleared for administrative release. Thetrials that have occurred so far at Guantanamo bear no resem-blance to the U.S. criminal justice system: the rules of evidencedon’t apply, there is no Miranda, there is no evidence exclusion,there is no right to be faced by the accusers, etc.

The George & Donald Simpson American Inns of Court meetsevery third Wednesday typically in the conference room of LittleItaly, Downtown Vancouver. The American Inns of Court is anorganization of attorneys created for the purpose of improvingthe skills, professionalism, and ethics of the bench and bar.

Guantanamo & Kenya EnthrallAmerican Inns of Court Members

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HEARSAY - MAY 2012 218 CLARK COUNTY BAR ASSOCIATION

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thoroughly dominated the trial – and now the case was no longerTennessee v. Scopes, but had been turned inside out and essen-tially mutated into Darrow v. Bryan. Bryan took the stand totestify about the Bible and defend Truth. For two hours, the twobantered with each other about the Bible and science. Darrowridiculed Genesis and called into question the plausibility of thecreation story – with Bryan doggedly on the defense. Darrowquestioned Bryan how Cain found his wife, since Adam and Eveonly begat Cain and Abel. Bryan replied that Cain had “likely leftthe agnostics to go hunt for her.” On this point and others,Bryan eventually found himself in retreat and he eventually cameto the point of conceding that the Bible cannot absolutely beaccepted literally in every respect – an admission that constituteda major inroad against Biblical veracity from Darrow’s perspec-tive. Of course, all of this had nothing to do with the Butler Actand John Scopes and the question of whether he had violated thelaw – the supposed centerpiece of the trial. Judge Raulston (theJudge Ito of his day) had been hopelessly manipulated in the trialto that point, and finally ruled the following day that the entireexamination of Bryan had been irrelevant and ordered it stricken.

In closing arguments, Darrow actually asked the Jury to return averdict of guilty against Scopes so that “the whole matter” couldbe determined by the Tennessee Supreme Court. Remarkably,his concession prevented Bryan from giving a final rebuttal argu-ment – a speech that he had labored on at great length, therebydenying him his last act of grandstanding and the opportunity torehabilitate himself after the cross examination contest with Dar-row that, by the account of most observers, he had lost ondebating points, if not substance.

The Jury readily agreed with Darrow’s request and Scopes wasfinally found guilty and then fined $100 by the Court. On appealhis conviction was thrown out by the Tennessee Supreme Courton technical issues, leaving the Butler Act intact. The courtlabeled the trial “bizarre” (which it clearly was) – and signaledthat it wanted to hear no more such nonsense from any similartrial combatants.

Five days after the trial, William Jennings Bryan died. He had beena diabetes sufferer and the trial had taxed his last reserves. Darrowlived another 13 years. He emerged from retirement to fight reli-gion one more time in an event known as the “Mecca TempleDebate” against an English writer, G.K. Chesterson, in which theyfaced off on the question: “Will the World Return to Religion?”The event fostered no plays or movies. There is no record of whatwas said, and that grand debate is now largely forgotten.

After the trial, Scopes left Dayton, as he had planned all along,and studied geology at the University of Chicago. He thenworked for Gulf Oil and the United Gas Company and, likeCain, found a wife and also became baptized as a Catholic inVenezuela on one of his assignments to that country. He died in1970. What he may really have thought about evolution no oneseems to know – and as far as the trial was concerned, no onereally cared.

And what of the eye of the Hurricane – little Dayton? After sell-ing thousands of gallons of lemonade, scores of blue platespecials and jacking up the price of hotel rooms for a bit, thetown was hardly any better off. Dayton has roughly doubled insize since 1925 – something that would easily have happened inthe intervening 87 years without the publicity of the trial.

As far as the Butler Act was concerned – no one else was everprosecuted under that law. As it turned out, one trip to the zoowas clearly enough. The Act largely remained overlooked until1967. At that time, another teacher Gary Scott was dismissedfor violating the Act. He sued for reinstatement, and began aclass action lawsuit in federal court. Enough was enough. Threedays later a bill was introduced in the legislature rescinding theAct and was passed by both houses and signed by the Governor.Scott was immediately reinstated.

No one wanted a rerun of what history has to concede was trulya very bad movie.

FAMILY LAW ATTORNEYMorris-Sockle, PLLC, d/b/a Divorce Lawyers For Men, is seekingto contract with local attorneys for the joint representation of Fam-ily Law clients in Clark County. Each attorney will maintain theircurrent office, and manage the litigation of each case on which theyassociate with Morris-Sockle, PLLC for joint representation of theclient. Morris-Sockle, PLLC will provide all marketing, initial clienttelephone contact, billing, bookkeeping, and administration. Thelocal attorney must have at least one full year of Family Law expe-rience, and have a thorough knowledge of the local rules. This is aprofessional relationship for good lawyers that need additionalclient case load. The local attorney must be in a position that theycan adequately handle the representation of additional clients, andhave a support staff person.

If you are interested or have additional questions, [email protected] 360-866-7393.

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HEARSAY - MAY 2012 920 CLARK COUNTY BAR ASSOCIATION

DOUG FOLEYHearsay Special Correspondent

On May 5, 2012 the Clark County Bar Association sponsored aday long trial skills CLE at the Clark County Courthouse. In thepreceding months, the CCBA sponsored a number of Nuts &Bolts CLE’s providing instruction on the various phases of a trialincluding jury selection, direct and cross examination of wit-nesses, opening statements and closing arguments. The trialskills seminar served as an opportunity for participants to prac-tice and hone the trial skills they had learned in the classroom.

Participants met at the Clark County Courthouse at 7:45 a.m. ona Saturday morning to present the various parts of a trial in smallgroups with a judge and a trial mentor. Judge Nichols, JudgeLewis and Judge Melnick graciously volunteered their time topreside over the various phases of the trial. Don Jacobs and myselfserved as mentors providing critiques and suggestions to the par-ticipants. Don and I also played witnesses in the directexamination and cross examination parts of the trial. Don wonrave reviews for his performance as a defense expert witness in aauto collision case and I tormented the attorneys with my per-formance as a heroin addicted defendant in a criminal fact pattern.

All participants served as “jurors” during the jury selection session andthe remainder of the day smaller groups of attorneys worked with ajudge and a mentor in an actual courtroom to individually present thematerial. Where possible, attorney participants were given the optionof presenting material from an actual case they were working on. Ihad the pleasure of working with all three judges during the day andall of the attorney participants. From the perspective of 26 years as alitigator, I learned many things from my participation in the CLE.

Many thanks to our CLE Committee Chair, Jane Clark whoplanned and participated in the event on Saturday and gave birthto a baby girl on Monday! Thanks to Don Jacobs lending his liti-gation expertise to the CLE. Thanks to our bar staff for theiradministrative support early on a Saturday morning.

A special thanks to Judge Lewis, Judge Nichols and Judge Melnick forvolunteering to serve as judges to provide a realistic trial experience forour participants. The feedback from members of the bench to par-ticipants made this a terrific learning experience for everyone involved.

The Scopes “monkey trial” was a remarkable piece of social andpolitical theater, played out in 1925 in the little town of Dayton,Tennessee. Almost nothing about the trial was genuine –andthe movie we are all familiar with Inherit the Wind was as “real”as the trial itself. Yes, there actually was a Clarence Darrow,Williams Jennings Bryan and a Butler Act which prohibited theteaching of evolution in any Tennessee classroom -- but every-thing else was a complete artifice consisting of a staged trial witha willing defendant, John Scopes, who agreed to be prosecuted,all for the purpose of putting a moribund Dayton back on themap. This trial also had the consequence of allowing some of thelarger than life personalities of the time to strut their stuff andshine in the limelight of national publicity. The press ate it up,the trial was broadcast live via radio -- and the posturing in thecase was deliberately polarizing with the effect of making reli-gious people appear narrow minded and stupid and progressivesappear clever and smart -- through their respective archetypes,Bryan and Darrow. However, the net effect of it all was thattruth and science were both run through the mud.

The trial conspiracy was hatched in Fred Robinson’s drug storein Dayton, a town that had lost roughly half its population in thepreceding thirty years. George Rappalyea worked as a managerin a local coal company and he presented the idea of the trial to agroup of town leaders at a meeting held in the drug store. Previ-ously, the ACLU had openly declared that it would defendanyone who may be prosecuted under the Butler Act. No onehad been up to the point of the drug store conspiracy. JohnScopes, a science teacher and football coach, then 24, intendedto leave Dayton in any event– and was asked to be the defen-dant. He readily agreed. Remarkably, the drug store even soldschool text books – and a quick consultation with the biologybook taken right off the shelf at the meeting held by these con-spirators mentioned evolution – the very book that Scopes hadused at the high school. Everyone agreed that he was breakingthe law (including Scopes) and the drama was officially on.Scopes even encouraged three of his students to testify againsthim – they did at a Grand Jury -- and he was officially indicted.

All that was left to do was the staffing of the prosecution anddefense teams. Rappaleya actually wanted H.G. Wells to be partof the defense team – but that great writer of classic science fic-tion wanted nothing of the farce. Others were only too willing.Two monstrous egos of the time, Clarence Darrow and William

Jennings Bryan, jumped to the chance to lead the charge fortheir respective sides. Other lesser knowns also swooped in for apiece of the action, including Bryan’s son, various ACLU hang-ers on and even a prominent local divorce attorney who neededa hiatus from the humdrum of dividing up jewelry and othertrinkets. An absolute circus atmosphere prevailed in the town –and just as George Rappalyea had hoped, the legal lookie-lousdescended on Dayton.

The original defense position urged by the ACLU was that therewas no necessary conflict between science and religion – and,therefore, no reason for the Butler Act and no rational basis forthe law. However, Darrow hijacked the trial in the name of per-sonal grandstanding, took it upon himself to junk that strategyand began an all out attack on Biblical veracity which culminatedin the more than bizarre spectacle of a cross examination ofBryan, chief prosecution counsel, who willingly took the stand atthe end of the trial as a “Biblical expert” generating some of themore memorable lines of the trial that made it into the movie asan exchange between the not so fictionalized characters ofHenry Drummond (Darrow) and Matthew Brady (Bryan).

The opening statements set the tone of the trial and Darrowdepicted the trial as a struggle between Truth and Ignorance.Bryan stated that if evolution “won” in the trial that Christianitywould be extinguished. Darrow argued, as inanely, that “civiliza-tion itself” was on trial and not the Defendant (a line that hasbeen regrettably copied far too often since that time). From theoutset, the Defendant, John Scopes, was all but forgotten andwould have been as comfortably seated in the swelling audienceas much as in the dock. The trial became highly personalbetween Darrow and Bryan. Darrow demonized Bryan andaccused him of even being responsible for the Butler Act (hewasn’t), labeling the legislation as both “wicked” and “mischie-vous.” From the standpoint of the present time, such wordslinging sounds fairly ho-hum, but in 1925 this terminologydirected against legislation designed to preserve contemporarymoral principles was incendiary and startling and grabbednational headlines.

Due to the number of spectators, the trial was moved outside.The cross examination of Bryan by Darrow (pictured above)occurred on the eighth day of trial in the open air in an atmos-phere of lunchbox day time theater. The two egos had

Trial Skills CLE: Practical DaySUZAN CLARKHearsay Special Correspondent

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HEARSAY - MAY 2012 19 10 CLARK COUNTY BAR ASSOCIATION

Board members in attendance: J. Clark, K. Rylander, D.Gregerson, A. Dunn, J. Fairgrieve, (presiding). J. Sasser arrives12:28 PM. Staff in attendance: L. Darco

1. Fairgrieve called the meeting to order at 12:10 PM.

2. Approval of minutes from March 7, 2012. Correction: JaneClark was not in attendance. On motion duly made, seconded,and passed, minutes are APPROVED

3. Nellor is not present, therefore no verbal treasurer’s report.Written financials were provided. Nellor made a detailed report atthe general membership meeting last month showing positivedirection since last year’s crisis.

4. Old business:a. Kaiser balance transfer: reported that bank documents have

been signed and monies transferred.b. March general meeting recap: Fairgrieve reported that 20-25

were in attendance, board discussed efforts to boost turnout atnext meeting in the fall. Board will consider a member survey toget feedback on direction of policy.

c. Mentorship program: Fairgrieve reports that he has some indi-viduals willing to serve on a mentorship committee to assemblean outline for a proposed program.

d. Civic/Legal education and outreach: Issue was raised a generalmembership meeting. There seems to be general support for theidea, but details and concrete plans still need discussion anddirection. Discussion held (brainstorm) about ways to reachout into schools, community, etc.

e. Office support and compensation: Committee will convene toset date and time to address the issue.

5. New Businessa. Lease renewal: Discussion held. On motion duly made, sec-

onded, and PASSED, David Gregerson is given generalauthority to negotiate lease terms, subject to board approval at alater meeting.

b. Press Releases in Hearsay: Discussion held about whether andhow to allow press releases in Hearsay. It was noted that manypress releases are more properly described as advertisement.Rylander will draft a proposed policy for board approval.

c. Veterans Court use of ListServ: Darco reports that requests havebeen made to use the listserv for announcements. Consensus isthat these are better done through Hearsay Magazine.

d. Membership fee scale options: Fairgrieve reports on dues forcomparable sister organizations to compare value against whatCCBA charges. Discussion held. No consensus at this time forchange in existing policy. On motion duly motion, seconded,and made, the board approved a change in policy to bifurcatedues through the year, with September to be a “grace month” formembership benefits until dues are renewed.

e. Use of Mila’s accountant for training Lisa: Darco seeks approvalto have information accountant consultation, at no cost, butnevertheless with nondisclosure provisions.

f. VLP fundraising announcement on ListServ: Gregersonrequests an e-mail blast for the May 11, 2012 CCVLP box lunchfundraiser event. Discussion held. Dunn suggests that CCBAconsider a monthly aggregate e-mail blast for this type ofannouncement. Board will form a committee or come up with aproposal. In the interim, in the interest of consistency,Gregerson’s VLP request is denied.

6. There being no more business before the board, on motion dulymade, seconded, and passed, the board meeting wasADJOURNED.

DAVID GREGERSONCCBA Secretary

CCBA Monthly Board Meeting MinutesApril 11, 2012

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HEARSAY - MAY 2012 1118 CLARK COUNTY BAR ASSOCIATION

Marie N. Tilden. One of the major areas of Marie’s practice is adoption and surrogacy law, including independent, domesticplacements; agency adoptions; international placements and documentation for entry into the US; contested terminations;and related issues. She has branched out into representing egg donors and intended parents in Artificial Reproductive Tech-nology (ART’s practice) a rapidly expanding area of law. Her practice includes representation of US expat citizens living andadopting abroad; addressing the citizenship and visa issues between their resident country, country of adoption and the US.She also consults with agencies and adoptive families regarding issues arising from the Hague Convention on IntercountryAdoption.

Marie received her B.S. degree from the University of Oregon, 1979 and J.D. from the University of Texas, School of Law,with Honors, 1985. Marie was the founder of Cascade International Children’s Services, an international adoption agency inPortland and served as its director for several years. She established foreign adoption programs in Bulgaria, China, Vietnam,India, Colombia and Guatemala.

An out line of Marie’s talk appears on the following page

Ü Refreshments and Refined Company ÛTo register: Call the CCBA, (360) 695-5975, OR email: [email protected], OR

FAX this flyer back to the CCBA at (360) 737-6891 with your:

NAME ___________________________________PHONE # __________________________

BAR NUMBER _______________________EMAIL _________________________________

The Clark County Bar Association is pleased to announce itsTwentieth Nuts and Bolts Lecture:

Adoptionby Attorney Marie Tilden

Wednesday, June 13th , 3:00 – 5:00 PMat the Red Lion at the Quay

The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for non-attorneys. This will get you 2 CLE credits and the speakers’ prepared materials to

download. There is an extra fee if you want to pick up the materials at the door.

The first step as a group was to create our “constitutional” frame-work: a definition for a “healthy meal”. Since the students hadpreviously studied nutrition, this was a snap. The students agreedthat a “healthy meal” includes protein, whole grains, dairy, fruit,and vegetables and should be low in fat, sugar and salt. Next step,the students were divided into small groups to represent the three“branches” of government. Or, in this case: “Lead Chefs” (theExecutive Branch), “Menu Writers” (the Legislative Branch) and“Judges” (the Judicial Branch). The Lead Chefs had to decidewhat categories of food should be served every day for lunch atschool. Next, the Menu Writers, using the Lead Chef categories,had to create the exact menu for a day’s lunch. The menu wentback to the Lead Chefs to approve or reject the menu created bythe Menu Writers. If the menu was rejected, the Menu Writershad to keep working on the menu until it was approved by theLead Chefs. Alternatively, if all the Menu Writers agree, they can“overrule” the Lead Chefs. Finally, in the last round, the Judgesdecide if the menu complies with the “healthy meal” definition.

The students had a fantastic time with the activity. Some MenuWriters tried to get Lead Chefs and Judges to approve a lunch ofcookies and soda. They realized Lead Chefs and Judges would notlet them get away with that! Most students discovered it took a lotof compromise and negotiations to come up with a menu thateveryone agreed was “healthy”.

DAY 2: What Did We Learn from the Lesson in Separation of Powers and What do Lawyers Really Do? On my second day back at Eisenhower, the students discussedhow the lesson in menu writing gave them a flavor of the real lifelegislative process. Sometimes, the process is time-consumingand a little bit frustrating! To understand how important reallegislative and judicial issues can be, we discussed a recentWashington Supreme Court decision requiring the state budgetto include sufficient funding for the educational system based onour state constitution. I also explained the civil rights’ landmarkdecision of Brown v. Board of Education and how real peopleused the legal system to challenge the constitutionality of schoolsegregation.

Finally, the kids had a lot of questions about what I do as alawyer. They wanted to know everything! How many yearshave I been an attorney, what kind of law do I practice, what’sthe longest case I ever had, how long did I go to school, how

many hours I work each week, and on and on. Thankfully, thebell rang for last recess and I was relieved of being peppered byquestions from inquisitive 10 year-olds!

DAY 3: Field Trip to Olympia. The following week, I volunteered as one of the parent chaperoneson the all-day field trip to Olympia. We had a wonderful day! Ourtour guide was exceptional – we learned about the architectureand construction of the Capitol Building, toured both chambersof the legislature, and got a brief tour of Governor Gregoire’sOffice.

My favorite part of the fieldtrip included a tour of theTemple of Justice. Here, thestudents were given anopportunity to reenact theWashington’s SupremeCourt’s decision in Gardnerv. Loomis Armored, Inc., 128Wn.2d 931 (1996). Afterreceiving a brief synopsis ofthe facts for this case, sev-eral students were chosento act as Supreme Courtjustices and argue the case.For those of you not famil-iar with the case, Loomisterminated Mr. Gardner, aguard and driver, after heleft the vehicle unattended, contrary to the employer’s policy, toassist a woman being chased by a man with a knife. Here, as inreal life, the justices sided with Mr. Gardner and found that theemployer wrongfully terminated Mr. Gardner in violation of pub-lic policy.

Throughout the tour, the guide quizzed the students on theirknowledge of government. At the end of the day, he said that mosthigh school students do not do as well as this group of fourthgraders in answering questions about our government. After myadventures in volunteering, I cannot say enough about what a won-derful experience it was to work with the students on civics. Theywere enthusiastic and excited to learn. The best part: My daughtersaid it wasn’t too embarrassing to have her mom teach the class!

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HEARSAY - MAY 2012 1712 CLARK COUNTY BAR ASSOCIATION

Kids Love Lawyers!Encouraging Students to Learn About Civics

Attorneys give life and meaning to laws upon which our govern-ment is formed, yet the public often does not understand this roleand there is a declining interest in civic participation. Toward thisend, U.S. Supreme Court Justice Sandra Day O’Connor foundedan organization called iCivics.org to encourage civics education inthe younger generation. With this website as a platform, Iattempted to give life and meaning to our government and explainthe work of attorneys at Vancouver School District’s EisenhowerElementary School.

My daughter, Kaya, who attends fourth-grade at Eisenhower,asked me to “please, please, PLEASE!” volunteer as a chaperonefor her class field trip to Olympia in April. After talking withKaya’s teacher, I ended up teaching nearly 60 students aboutcivics as well as join them on the trip to Olympia.

DAY 1: Introduction to Governmentand a Lesson in Separation of Powers. Before meeting with students, I did a little bit of research to findout what would work to help elementary-age kids understand gov-ernment. This is when I found out about iCivics.org. The websitehas all kinds of games, projects and even lesson plans for elemen-tary, middle and high school students. I looked through thevarious lesson plans and found one that seemed like it would be aperfect fit for 10 year-olds. After meeting with the two teachers,we came up with a plan for teaching civics.

On April 11th, I arrived at my daughter’s classroom. A partitionthat separates two classrooms was removed and approximately 60children gathered on the floor to hear about government. My firstquestion to the kids: “Can anyone name the three branches ofgovernment?”

“Me!” “Me!” “I can!” A chorus of excited fourth graders spoke outand even more raised hands to show off their understanding ofcivics. We had a lively discussion about how the three branches ofgovernment work, how a bill becomes a law, and the practicalissues of what happens after a bill is signed into “law”. We also dis-cussed the justice system’s role in determining the“constitutionality” of laws.

To illustrate how the process works, I introduced the students to alesson plan from iCivics.org called “Separation of Powers”. In thislesson, instead of creating a bill, the students are tasked with creat-ing a “healthy” lunch menu! The kids were very excited about thisplan and right away wanted to start in on the process.

EMILY SHELDRICKHearsay Special Correspondent

THE NUTS AND BOLTS OF ADOPTION LAWBy Marie Tilden, Attorney at Law

BASICS: ● Who can adopt: Married? Single? Same-sex couples? Men? Women? Who is too young to adopt, and who is toomature? ● Who can be adopted?● How long does adoption take? ● How much does an adoption cost?

BEYOND THE VERY BASICS:● Normal steps in a domestic, independent placement. ● Normal steps in an international placement. ● What about adopting through DSHS, how does one adopt a child already in the subject of a dependency action? ● Other: step-parent, adult adoptions, re-adoptions, older child adoptions, what should you know?

NOW TO THE EXPERT LEVEL: ● Minor birthparents, anything different? ● Birthparent under a disability; obtaining valid consent(s) to terminate rights? ● Birthparent objects to terminating his/her parental rights, what are the legal standards for a winning case? ● Visa classifications for foreign adoptions, obtaining US citizenship, dealing with USCIS, dealing with foreign entities, oh my!

NOW, TO APPLY ALL THIS KNOWLEDGE, A POTENTIAL CLIENT CALLS AND…1. wants to adopt their young niece from Country X because her family is too poor to raise her and wants you to do theadoption. What do you need to know? What can you do? 2. says that the father of their child does not want to pay child support anymore and is willing to “give up his parentalrights”. Potential client is excited because now she won’t have to deal with him anymore and considers the loss of childsupport a small price to pay. What do you say? What can you do? 3. says that they have just returned home with their new child from country X and want to “re-adopt” but they notice thatthey received an IR-4 visa when their friends’ paperwork says they have an IR-3 visa. They wonder if it matters and what itmeans. What should they do in the US? Does their new child have US citizenship like their agency said he/she would?4. says that their grandchild/niece/nephew, etc. is in foster care and they want to adopt the child to keep it “in the family”.How do they proceed? Does it matter if the parental rights of the biological parents have been terminated yet? 5. says that they have been “matched” with a birth mother due to deliver in 3 months. She says she needs money from themto pay her living expenses and they are very willing to help her out. After all, they’ve been waiting for a long time for achance to adopt, and if it just takes some money to make it happen, that’s fine with them. Is there anything wrong withthem paying her “expenses”?

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HEARSAY - MAY 2012 1316 CLARK COUNTY BAR ASSOCIATION

plegic as a result of herskiing accident. Proba-bly Judge Collier’s besttrait, both on and offthe bench, is hispatience and calmnature. It is very impor-tant when dealing withan injured person (oran upset litigant) tokeep your cool andwork through the prob-lem to get the caseclosed. At Judge Col-

lier’s encouragement, Senior Deputy Prosecutor Alan Harveyhas also just made the Mt. Hood Ski Patrol and is undergoingthe training and certification process now. As we know, theCCBA Blooper Award is named in honor of Alan Harvey, soAlan, no bloopers on the slopes OK?

Your esteemed colleague Raisa Judicata can’t be everywhere. If you have a tidbit ofnews you would like the world to know, send a note to [email protected] usually checks in the first Monday of every month. Remember, it is your eth-ical duty to support your member organization with juicy gossip and goings on.

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CLARK COUNTY SUPERIOR COURT BENCH/BAR

MEETING MINUTESMARCH 13, 2012

The meeting began shortly after noon. Persons present were JudgeRobert Lewis, Judge John Nichols, Ann Christian, Jolene Sell,Suzan Clark, Kurt Rylander, Todd George, and John Fairgrieve.

OLD BUSINESS:1. Competency evaluations being conducted on criminal defen-

dants by Western State Hospital (WSH): Ann Christian told thecommittee that the out of custody defendant list is up to date.

2. Orders for 90 day commitments to WSH for competencyrestoration: Suzan Clark told the committee that she did notbelieve that the current order being used by the court to commita defendant to WSH for competency restoration, which author-izes WSH personnel to administer psychotropic medications toa defendant over his or her objections, complies with dueprocess requirements. See generally Sell v. United States, 539U.S. 166, 180-81, 123 S. Ct. 2174, 156 L. Ed. 2d 197 (2003).John Fairgrieve suggested that he and Suzan meet after the endof the committee meeting to discuss the matter and possiblerevision of the order.

3. Criminal readiness docket issues: Judge Lewis reported thatthe readiness docket for the week of April 16 currently had 90matters on it and that the judges planned on conducting a splitdocket if judicial resources are available. Judge Lewis also men-tioned that in May three consecutive readiness dockets currentlyhave 66, 67, and 80 matters on them respectively.

4. Judge Poyfair’s judicial position: It was reported to the com-mittee that Governor Gregoire planned on interviewing the twofinalists for the position on Wednesday, April 11 (TheColumbian reported on April 17 that Governor Gregoire hasappointed Greg Gonzales to fill out the balance of Judge Poy-fair’s current term).

5. Felony caseload in superior court: Ann Christian reportedthat indigent defense contracts for felony cases are running atabout 100 per month this year and that she is seeing an increasein the number of class A felonies and sex offenses.

6. Judge Nichols to leave family court: Judge Nichols told thecommittee that he would be leaving family court to return tocivil / criminal caseload at the end of the year.

7. Drug court status: Judge Nichols reported that SuperiorCourt Drug Court continues to be popular, with 143 partici-pants as of last week.

NEW BUSINESS 1. Redaction of material from criminal discovery: John Fair-

grieve told the committee that a recent review of federal andWashington State statutes revealed that the prosecuting attor-ney’s office is prohibited from releasing three specific types ofinformation in the discovery it provides to defense counsel incriminal cases: social security numbers, department of licensingnumbers, and financial account numbers. He stated that in thefuture this material would be redacted from criminal discovery.He further stated that he would provide the committee with cita-tions to the relevant statutes (the citations are 42 USC405(c)(2)(C)(viii)(I), 18 USC 2721, and RCW 42.56.230(5)).

2. Policy for the use of electronic devices in Judge Lewis’ court-room: Judge Lewis told the committee that he has drafted apolicy for the use of electronic devices in his courtroom whichhe will publish later this week.

3. New meetings to discuss matters related to the administra-tion of criminal justice in Clark County: Ann Christian told thecommittee that recently representatives of the superior courtbench, the prosecutor’s office, the criminal defense bar and she

JOHN FAIRGRIEVECCBA President

Page 14: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

HEARSAY - MAY 2012 1514 CLARK COUNTY BAR ASSOCIATION

Things are spicing up at the Courthouse. We haven’t seen thismuch fun since the “glamour shot” days of 2000. We now havetwo contested races for Judge in the August primaries. We knowof the Judge Wulle and David Gregerson match up, but a newone is Josephine Townsend vs. Judge Diane Woolard. Josephineoriginally filed to run against newly sworn in Judge Greg Gonza-les (she was originally matched up to run against Department10, Judge Collier, but that appeared to be typographical error),but switched the filing to run against Woolard. We have had arelatively drama-free last 12 years. Hopefully the media doesn’tend up catering to “reality-TV” journalism for the sake of theBench. You know Raisa won’t!

Erin Wright is a newlyadmitted lawyer inWashington, and isadding to the commu-nity involvement wein Clark County prideourselves on. OnMonday, April 2,2012 the Wright LawFirm, PLLC held itsgrand opening. Thefirm celebrated this

milestone in a unique way by donating 100 pounds of rice, com-pleting 18 volunteer hours, and sorting just under 3,500 poundsof food at the Clark County Food Bank. Erin has a strong dedi-cation to the community, which includes volunteering with theCASA program and coaching a local mock trial team. In addi-tion, the firm employees volunteer the first Monday of everymonth in the local community. Erin’s practice focuses on fam-ily law and estate planning. When you see her, give her a warmwelcome!

Mike Simon from Lan-derholm, P.S. recentlyreturned from anotheryearly trip to Guatemalafor Medical Teams Inter-national. Mike graduatedfrom digging latrines thisyear to making ovens.The situation inGuatemala, like manyLatin American coun-tries, is drastic. An estimated 58% of Guatemalans live in povertyand infant and maternal mortality rates are alarmingly high.Chronic malnutrition in children under the age of five years ranksas the highest in the Western Hemisphere. Less than half ofGuatemala's rural residents have access to running water, a quar-ter have electricity at home and less than 10 percent have modernsanitary facilities. Dental decay is also a serious problem for manyGuatemalans because access to dental care is limited and in therural areas, nonexistent. Mike is passionate about his work tobetter the lives of these folks who are less fortunate. To readmore, or to help with money or time, visit: http://www.medical-teams.org/where_we_work/latin_america/guatemala.aspx.

He doesn’t wear a cape, but Judge Scott Collier is a hero tomany. Judge Collier volunteers on weekends for the Mt. HoodSki Patrol, and his service was highlighted recently in TheColumbian. Judge Collier started skiing in middle school andhas been volunteering for the Ski Patrol for the last five seasons.After making the Ski Patrol team, he was required to take a 17-week first aid training course similar to EMT training, but gearedtoward outdoor emergency response. One of the first majorcalls he attended was responding to a report of a possible brokenback. He later discovered that the woman had become a para-

What CCBAMembers Are Doing About TownRAISA JUDICATAGuest Gossip Columnist

DOUBLE HEARSAY

Mike and his cookstove.

The Wright Law Firm makes a difference!

met for the first of what promises to be a series of meetings todiscuss issues and problems related to the administration ofcriminal justice in the county and to see if solutions to the prob-lems could be developed. Ann reported that the first meetingwas successful.

4. Bail schedule in felony cases: Judge Lewis brought up theissue and mentioned that there was not much support from thesuperior court judges for adopting a new bail schedule if thepurpose for doing so was to allow a suspect arrested over aweekend to be able to post bail prior to appearing before ajudge. He also mentioned that the matter is still under discus-sion. Ann Christian told the committee that legislation passedby the legislature in its recent session with an effective date thissummer will require an individualized determination of bail bya judicial officer prior to the release of any suspect charged witha class A or B offense.

Suzan Clark mentioned that she was concerned that bailamounts in general were being set too high, commenting that$100,000 seems to be the new $10,000.

5. Local high school mock trial teams at the state tournament:Judge Lewis reported that all four local high school mock trialteams that proceeded to the state tournament finished with twowins and two losses. He stated that the Ridgefield High team fin-ished highest among the local teams, placing 8th or 9th in thestate, and that a Ridgefield witness was named best witness inthe tournament.

6. Next Bench Bar committee meeting: The committee will meetnext on Tuesday, May 8, 2012 at noon in Judge Nichols’ jury room.

Respectfully submitted,

John Fairgrieve

Advertise in next month’s HEARSAYCall Lisa Darco at 360.695.5975 for rates and availability.

The Family Law Section held our monthly meeting on May 9,2012. Stan Horak presented on bankruptcy, short sales, foreclo-sures and hold harmless issues and how they relate to FamilyLaw. We had nearly fifty (50) attendees. Stan was very informa-tive and I’ve added “Call Stan” on my standard file checklist.Stan was kind enough to offer an open door policy for any attor-neys with questions on this constantly changing topic. I have afeeling many FLS members will take him up on that invitation.

Our next meeting, which will be our last before summer break,will be on Wednesday, June 13th. We need officers for our nextyear’s FLS, so those interested should throw their hats in thering. As outgoing president, I have made sure to set the bar at anexceptionally achievable level for the new president. In all seri-ousness, it is a truly positive experience and we have a wonderfulgroup of Family Law attorneys and judicial officers.

Our meetings are in the reserved lounge section of Tommy O’s,801 Washington Street, Vancouver. Typically, these are on thesecond Wednesday of the month. The cost of the meeting will

be $13.00 for lunch plus $5.00 for one CLE credit for CCBAFLS members. If you are not a member of the CCBA and FLSthe cost is $13.00 for lunch and $10.00 for the CLE credit.Please RSVP by the Friday just prior to our Wednesday meetingby sending your payment to our section’s Treasurer, MeredithMcKell Graff, 3214 NE 42nd Street, Suite B, Vancouver, WA98663.

Our officers are: President, Chris Boyd; Treasurer, MeredithMcKell Graff; Secretary, Stephanie Ellis.

If you would like to attend a CCBA FLS meeting and do not cur-rently receive the email updates, please email me [email protected].

Remember to visit the blog for updates and announcements:http://ccbafamilylawsection.blogspot.com/

Very Truly Yours,Chris Boyd

CHRIS BOYDFamily Law Section President

Family Law Section Meeting

Page 15: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

HEARSAY - MAY 2012 1514 CLARK COUNTY BAR ASSOCIATION

Things are spicing up at the Courthouse. We haven’t seen thismuch fun since the “glamour shot” days of 2000. We now havetwo contested races for Judge in the August primaries. We knowof the Judge Wulle and David Gregerson match up, but a newone is Josephine Townsend vs. Judge Diane Woolard. Josephineoriginally filed to run against newly sworn in Judge Greg Gonza-les (she was originally matched up to run against Department10, Judge Collier, but that appeared to be typographical error),but switched the filing to run against Woolard. We have had arelatively drama-free last 12 years. Hopefully the media doesn’tend up catering to “reality-TV” journalism for the sake of theBench. You know Raisa won’t!

Erin Wright is a newlyadmitted lawyer inWashington, and isadding to the commu-nity involvement wein Clark County prideourselves on. OnMonday, April 2,2012 the Wright LawFirm, PLLC held itsgrand opening. Thefirm celebrated this

milestone in a unique way by donating 100 pounds of rice, com-pleting 18 volunteer hours, and sorting just under 3,500 poundsof food at the Clark County Food Bank. Erin has a strong dedi-cation to the community, which includes volunteering with theCASA program and coaching a local mock trial team. In addi-tion, the firm employees volunteer the first Monday of everymonth in the local community. Erin’s practice focuses on fam-ily law and estate planning. When you see her, give her a warmwelcome!

Mike Simon from Lan-derholm, P.S. recentlyreturned from anotheryearly trip to Guatemalafor Medical Teams Inter-national. Mike graduatedfrom digging latrines thisyear to making ovens.The situation inGuatemala, like manyLatin American coun-tries, is drastic. An estimated 58% of Guatemalans live in povertyand infant and maternal mortality rates are alarmingly high.Chronic malnutrition in children under the age of five years ranksas the highest in the Western Hemisphere. Less than half ofGuatemala's rural residents have access to running water, a quar-ter have electricity at home and less than 10 percent have modernsanitary facilities. Dental decay is also a serious problem for manyGuatemalans because access to dental care is limited and in therural areas, nonexistent. Mike is passionate about his work tobetter the lives of these folks who are less fortunate. To readmore, or to help with money or time, visit: http://www.medical-teams.org/where_we_work/latin_america/guatemala.aspx.

He doesn’t wear a cape, but Judge Scott Collier is a hero tomany. Judge Collier volunteers on weekends for the Mt. HoodSki Patrol, and his service was highlighted recently in TheColumbian. Judge Collier started skiing in middle school andhas been volunteering for the Ski Patrol for the last five seasons.After making the Ski Patrol team, he was required to take a 17-week first aid training course similar to EMT training, but gearedtoward outdoor emergency response. One of the first majorcalls he attended was responding to a report of a possible brokenback. He later discovered that the woman had become a para-

What CCBAMembers Are Doing About TownRAISA JUDICATAGuest Gossip Columnist

DOUBLE HEARSAY

Mike and his cookstove.

The Wright Law Firm makes a difference!

met for the first of what promises to be a series of meetings todiscuss issues and problems related to the administration ofcriminal justice in the county and to see if solutions to the prob-lems could be developed. Ann reported that the first meetingwas successful.

4. Bail schedule in felony cases: Judge Lewis brought up theissue and mentioned that there was not much support from thesuperior court judges for adopting a new bail schedule if thepurpose for doing so was to allow a suspect arrested over aweekend to be able to post bail prior to appearing before ajudge. He also mentioned that the matter is still under discus-sion. Ann Christian told the committee that legislation passedby the legislature in its recent session with an effective date thissummer will require an individualized determination of bail bya judicial officer prior to the release of any suspect charged witha class A or B offense.

Suzan Clark mentioned that she was concerned that bailamounts in general were being set too high, commenting that$100,000 seems to be the new $10,000.

5. Local high school mock trial teams at the state tournament:Judge Lewis reported that all four local high school mock trialteams that proceeded to the state tournament finished with twowins and two losses. He stated that the Ridgefield High team fin-ished highest among the local teams, placing 8th or 9th in thestate, and that a Ridgefield witness was named best witness inthe tournament.

6. Next Bench Bar committee meeting: The committee will meetnext on Tuesday, May 8, 2012 at noon in Judge Nichols’ jury room.

Respectfully submitted,

John Fairgrieve

Advertise in next month’s HEARSAYCall Lisa Darco at 360.695.5975 for rates and availability.

The Family Law Section held our monthly meeting on May 9,2012. Stan Horak presented on bankruptcy, short sales, foreclo-sures and hold harmless issues and how they relate to FamilyLaw. We had nearly fifty (50) attendees. Stan was very informa-tive and I’ve added “Call Stan” on my standard file checklist.Stan was kind enough to offer an open door policy for any attor-neys with questions on this constantly changing topic. I have afeeling many FLS members will take him up on that invitation.

Our next meeting, which will be our last before summer break,will be on Wednesday, June 13th. We need officers for our nextyear’s FLS, so those interested should throw their hats in thering. As outgoing president, I have made sure to set the bar at anexceptionally achievable level for the new president. In all seri-ousness, it is a truly positive experience and we have a wonderfulgroup of Family Law attorneys and judicial officers.

Our meetings are in the reserved lounge section of Tommy O’s,801 Washington Street, Vancouver. Typically, these are on thesecond Wednesday of the month. The cost of the meeting will

be $13.00 for lunch plus $5.00 for one CLE credit for CCBAFLS members. If you are not a member of the CCBA and FLSthe cost is $13.00 for lunch and $10.00 for the CLE credit.Please RSVP by the Friday just prior to our Wednesday meetingby sending your payment to our section’s Treasurer, MeredithMcKell Graff, 3214 NE 42nd Street, Suite B, Vancouver, WA98663.

Our officers are: President, Chris Boyd; Treasurer, MeredithMcKell Graff; Secretary, Stephanie Ellis.

If you would like to attend a CCBA FLS meeting and do not cur-rently receive the email updates, please email me [email protected].

Remember to visit the blog for updates and announcements:http://ccbafamilylawsection.blogspot.com/

Very Truly Yours,Chris Boyd

CHRIS BOYDFamily Law Section President

Family Law Section Meeting

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HEARSAY - MAY 2012 1316 CLARK COUNTY BAR ASSOCIATION

plegic as a result of herskiing accident. Proba-bly Judge Collier’s besttrait, both on and offthe bench, is hispatience and calmnature. It is very impor-tant when dealing withan injured person (oran upset litigant) tokeep your cool andwork through the prob-lem to get the caseclosed. At Judge Col-

lier’s encouragement, Senior Deputy Prosecutor Alan Harveyhas also just made the Mt. Hood Ski Patrol and is undergoingthe training and certification process now. As we know, theCCBA Blooper Award is named in honor of Alan Harvey, soAlan, no bloopers on the slopes OK?

Your esteemed colleague Raisa Judicata can’t be everywhere. If you have a tidbit ofnews you would like the world to know, send a note to [email protected] usually checks in the first Monday of every month. Remember, it is your eth-ical duty to support your member organization with juicy gossip and goings on.

MEDICAL NEGLIGENCE

PERSONAL INJURY • WRONGFUL DEATH

Representative Jury Verdicts and Settlements:

Failure to diagnose brain tumor — $4.5 millionObstetrics malpractice — $3.5 millionObstetrics malpractice — $1.6 million

Trampoline accident — $1 millionElectrocution at work -- $900,000Motorcycle collision -- $500,000

Rear end MVC. Soft tissue injury -- $230,000

Available for referral or associationon serious injury, wrongful death and

medical negligence cases.

HENDERSON

LAW FIRM, PLLC

[email protected]

FOR LEASE907 Franklin

Great location betweenCourthouse and EstherShort. Good visibility & signage. $1,650 /mo.Two parking spots.

Electric/water/sewer/garbage all included. No charge for parking, common area maintenance, taxes or insurance.A little over 900 sq/ft with two nice offices, a reception area and tons of storage. All recently remodeled with newelectric/windows/ bathroom/ light fixtures/carpet andpaint. New HVAC and alarm system. All wired for phoneand computer. One month security/damage deposit. Very charming landlord. Lease term one year or more.

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Eric Larson Paige De Muniz Craig Cowley Mark Johnson Roberts Robin Wright Bill Howe

Reference photo by Zachary Kaufman/The Columbian:Judge Collier, sans cape.

CLARK COUNTY SUPERIOR COURT BENCH/BAR

MEETING MINUTESMARCH 13, 2012

The meeting began shortly after noon. Persons present were JudgeRobert Lewis, Judge John Nichols, Ann Christian, Jolene Sell,Suzan Clark, Kurt Rylander, Todd George, and John Fairgrieve.

OLD BUSINESS:1. Competency evaluations being conducted on criminal defen-

dants by Western State Hospital (WSH): Ann Christian told thecommittee that the out of custody defendant list is up to date.

2. Orders for 90 day commitments to WSH for competencyrestoration: Suzan Clark told the committee that she did notbelieve that the current order being used by the court to commita defendant to WSH for competency restoration, which author-izes WSH personnel to administer psychotropic medications toa defendant over his or her objections, complies with dueprocess requirements. See generally Sell v. United States, 539U.S. 166, 180-81, 123 S. Ct. 2174, 156 L. Ed. 2d 197 (2003).John Fairgrieve suggested that he and Suzan meet after the endof the committee meeting to discuss the matter and possiblerevision of the order.

3. Criminal readiness docket issues: Judge Lewis reported thatthe readiness docket for the week of April 16 currently had 90matters on it and that the judges planned on conducting a splitdocket if judicial resources are available. Judge Lewis also men-tioned that in May three consecutive readiness dockets currentlyhave 66, 67, and 80 matters on them respectively.

4. Judge Poyfair’s judicial position: It was reported to the com-mittee that Governor Gregoire planned on interviewing the twofinalists for the position on Wednesday, April 11 (TheColumbian reported on April 17 that Governor Gregoire hasappointed Greg Gonzales to fill out the balance of Judge Poy-fair’s current term).

5. Felony caseload in superior court: Ann Christian reportedthat indigent defense contracts for felony cases are running atabout 100 per month this year and that she is seeing an increasein the number of class A felonies and sex offenses.

6. Judge Nichols to leave family court: Judge Nichols told thecommittee that he would be leaving family court to return tocivil / criminal caseload at the end of the year.

7. Drug court status: Judge Nichols reported that SuperiorCourt Drug Court continues to be popular, with 143 partici-pants as of last week.

NEW BUSINESS 1. Redaction of material from criminal discovery: John Fair-

grieve told the committee that a recent review of federal andWashington State statutes revealed that the prosecuting attor-ney’s office is prohibited from releasing three specific types ofinformation in the discovery it provides to defense counsel incriminal cases: social security numbers, department of licensingnumbers, and financial account numbers. He stated that in thefuture this material would be redacted from criminal discovery.He further stated that he would provide the committee with cita-tions to the relevant statutes (the citations are 42 USC405(c)(2)(C)(viii)(I), 18 USC 2721, and RCW 42.56.230(5)).

2. Policy for the use of electronic devices in Judge Lewis’ court-room: Judge Lewis told the committee that he has drafted apolicy for the use of electronic devices in his courtroom whichhe will publish later this week.

3. New meetings to discuss matters related to the administra-tion of criminal justice in Clark County: Ann Christian told thecommittee that recently representatives of the superior courtbench, the prosecutor’s office, the criminal defense bar and she

JOHN FAIRGRIEVECCBA President

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HEARSAY - MAY 2012 1712 CLARK COUNTY BAR ASSOCIATION

Kids Love Lawyers!Encouraging Students to Learn About Civics

Attorneys give life and meaning to laws upon which our govern-ment is formed, yet the public often does not understand this roleand there is a declining interest in civic participation. Toward thisend, U.S. Supreme Court Justice Sandra Day O’Connor foundedan organization called iCivics.org to encourage civics education inthe younger generation. With this website as a platform, Iattempted to give life and meaning to our government and explainthe work of attorneys at Vancouver School District’s EisenhowerElementary School.

My daughter, Kaya, who attends fourth-grade at Eisenhower,asked me to “please, please, PLEASE!” volunteer as a chaperonefor her class field trip to Olympia in April. After talking withKaya’s teacher, I ended up teaching nearly 60 students aboutcivics as well as join them on the trip to Olympia.

DAY 1: Introduction to Governmentand a Lesson in Separation of Powers. Before meeting with students, I did a little bit of research to findout what would work to help elementary-age kids understand gov-ernment. This is when I found out about iCivics.org. The websitehas all kinds of games, projects and even lesson plans for elemen-tary, middle and high school students. I looked through thevarious lesson plans and found one that seemed like it would be aperfect fit for 10 year-olds. After meeting with the two teachers,we came up with a plan for teaching civics.

On April 11th, I arrived at my daughter’s classroom. A partitionthat separates two classrooms was removed and approximately 60children gathered on the floor to hear about government. My firstquestion to the kids: “Can anyone name the three branches ofgovernment?”

“Me!” “Me!” “I can!” A chorus of excited fourth graders spoke outand even more raised hands to show off their understanding ofcivics. We had a lively discussion about how the three branches ofgovernment work, how a bill becomes a law, and the practicalissues of what happens after a bill is signed into “law”. We also dis-cussed the justice system’s role in determining the“constitutionality” of laws.

To illustrate how the process works, I introduced the students to alesson plan from iCivics.org called “Separation of Powers”. In thislesson, instead of creating a bill, the students are tasked with creat-ing a “healthy” lunch menu! The kids were very excited about thisplan and right away wanted to start in on the process.

EMILY SHELDRICKHearsay Special Correspondent

THE NUTS AND BOLTS OF ADOPTION LAWBy Marie Tilden, Attorney at Law

BASICS: ● Who can adopt: Married? Single? Same-sex couples? Men? Women? Who is too young to adopt, and who is toomature? ● Who can be adopted?● How long does adoption take? ● How much does an adoption cost?

BEYOND THE VERY BASICS:● Normal steps in a domestic, independent placement. ● Normal steps in an international placement. ● What about adopting through DSHS, how does one adopt a child already in the subject of a dependency action? ● Other: step-parent, adult adoptions, re-adoptions, older child adoptions, what should you know?

NOW TO THE EXPERT LEVEL: ● Minor birthparents, anything different? ● Birthparent under a disability; obtaining valid consent(s) to terminate rights? ● Birthparent objects to terminating his/her parental rights, what are the legal standards for a winning case? ● Visa classifications for foreign adoptions, obtaining US citizenship, dealing with USCIS, dealing with foreign entities, oh my!

NOW, TO APPLY ALL THIS KNOWLEDGE, A POTENTIAL CLIENT CALLS AND…1. wants to adopt their young niece from Country X because her family is too poor to raise her and wants you to do theadoption. What do you need to know? What can you do? 2. says that the father of their child does not want to pay child support anymore and is willing to “give up his parentalrights”. Potential client is excited because now she won’t have to deal with him anymore and considers the loss of childsupport a small price to pay. What do you say? What can you do? 3. says that they have just returned home with their new child from country X and want to “re-adopt” but they notice thatthey received an IR-4 visa when their friends’ paperwork says they have an IR-3 visa. They wonder if it matters and what itmeans. What should they do in the US? Does their new child have US citizenship like their agency said he/she would?4. says that their grandchild/niece/nephew, etc. is in foster care and they want to adopt the child to keep it “in the family”.How do they proceed? Does it matter if the parental rights of the biological parents have been terminated yet? 5. says that they have been “matched” with a birth mother due to deliver in 3 months. She says she needs money from themto pay her living expenses and they are very willing to help her out. After all, they’ve been waiting for a long time for achance to adopt, and if it just takes some money to make it happen, that’s fine with them. Is there anything wrong withthem paying her “expenses”?

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HEARSAY - MAY 2012 1118 CLARK COUNTY BAR ASSOCIATION

Marie N. Tilden. One of the major areas of Marie’s practice is adoption and surrogacy law, including independent, domesticplacements; agency adoptions; international placements and documentation for entry into the US; contested terminations;and related issues. She has branched out into representing egg donors and intended parents in Artificial Reproductive Tech-nology (ART’s practice) a rapidly expanding area of law. Her practice includes representation of US expat citizens living andadopting abroad; addressing the citizenship and visa issues between their resident country, country of adoption and the US.She also consults with agencies and adoptive families regarding issues arising from the Hague Convention on IntercountryAdoption.

Marie received her B.S. degree from the University of Oregon, 1979 and J.D. from the University of Texas, School of Law,with Honors, 1985. Marie was the founder of Cascade International Children’s Services, an international adoption agency inPortland and served as its director for several years. She established foreign adoption programs in Bulgaria, China, Vietnam,India, Colombia and Guatemala.

An out line of Marie’s talk appears on the following page

Ü Refreshments and Refined Company ÛTo register: Call the CCBA, (360) 695-5975, OR email: [email protected], OR

FAX this flyer back to the CCBA at (360) 737-6891 with your:

NAME ___________________________________PHONE # __________________________

BAR NUMBER _______________________EMAIL _________________________________

The Clark County Bar Association is pleased to announce itsTwentieth Nuts and Bolts Lecture:

Adoptionby Attorney Marie Tilden

Wednesday, June 13th , 3:00 – 5:00 PMat the Red Lion at the Quay

The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for non-attorneys. This will get you 2 CLE credits and the speakers’ prepared materials to

download. There is an extra fee if you want to pick up the materials at the door.

The first step as a group was to create our “constitutional” frame-work: a definition for a “healthy meal”. Since the students hadpreviously studied nutrition, this was a snap. The students agreedthat a “healthy meal” includes protein, whole grains, dairy, fruit,and vegetables and should be low in fat, sugar and salt. Next step,the students were divided into small groups to represent the three“branches” of government. Or, in this case: “Lead Chefs” (theExecutive Branch), “Menu Writers” (the Legislative Branch) and“Judges” (the Judicial Branch). The Lead Chefs had to decidewhat categories of food should be served every day for lunch atschool. Next, the Menu Writers, using the Lead Chef categories,had to create the exact menu for a day’s lunch. The menu wentback to the Lead Chefs to approve or reject the menu created bythe Menu Writers. If the menu was rejected, the Menu Writershad to keep working on the menu until it was approved by theLead Chefs. Alternatively, if all the Menu Writers agree, they can“overrule” the Lead Chefs. Finally, in the last round, the Judgesdecide if the menu complies with the “healthy meal” definition.

The students had a fantastic time with the activity. Some MenuWriters tried to get Lead Chefs and Judges to approve a lunch ofcookies and soda. They realized Lead Chefs and Judges would notlet them get away with that! Most students discovered it took a lotof compromise and negotiations to come up with a menu thateveryone agreed was “healthy”.

DAY 2: What Did We Learn from the Lesson in Separation of Powers and What do Lawyers Really Do? On my second day back at Eisenhower, the students discussedhow the lesson in menu writing gave them a flavor of the real lifelegislative process. Sometimes, the process is time-consumingand a little bit frustrating! To understand how important reallegislative and judicial issues can be, we discussed a recentWashington Supreme Court decision requiring the state budgetto include sufficient funding for the educational system based onour state constitution. I also explained the civil rights’ landmarkdecision of Brown v. Board of Education and how real peopleused the legal system to challenge the constitutionality of schoolsegregation.

Finally, the kids had a lot of questions about what I do as alawyer. They wanted to know everything! How many yearshave I been an attorney, what kind of law do I practice, what’sthe longest case I ever had, how long did I go to school, how

many hours I work each week, and on and on. Thankfully, thebell rang for last recess and I was relieved of being peppered byquestions from inquisitive 10 year-olds!

DAY 3: Field Trip to Olympia. The following week, I volunteered as one of the parent chaperoneson the all-day field trip to Olympia. We had a wonderful day! Ourtour guide was exceptional – we learned about the architectureand construction of the Capitol Building, toured both chambersof the legislature, and got a brief tour of Governor Gregoire’sOffice.

My favorite part of the fieldtrip included a tour of theTemple of Justice. Here, thestudents were given anopportunity to reenact theWashington’s SupremeCourt’s decision in Gardnerv. Loomis Armored, Inc., 128Wn.2d 931 (1996). Afterreceiving a brief synopsis ofthe facts for this case, sev-eral students were chosento act as Supreme Courtjustices and argue the case.For those of you not famil-iar with the case, Loomisterminated Mr. Gardner, aguard and driver, after heleft the vehicle unattended, contrary to the employer’s policy, toassist a woman being chased by a man with a knife. Here, as inreal life, the justices sided with Mr. Gardner and found that theemployer wrongfully terminated Mr. Gardner in violation of pub-lic policy.

Throughout the tour, the guide quizzed the students on theirknowledge of government. At the end of the day, he said that mosthigh school students do not do as well as this group of fourthgraders in answering questions about our government. After myadventures in volunteering, I cannot say enough about what a won-derful experience it was to work with the students on civics. Theywere enthusiastic and excited to learn. The best part: My daughtersaid it wasn’t too embarrassing to have her mom teach the class!

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HEARSAY - MAY 2012 19 10 CLARK COUNTY BAR ASSOCIATION

Board members in attendance: J. Clark, K. Rylander, D.Gregerson, A. Dunn, J. Fairgrieve, (presiding). J. Sasser arrives12:28 PM. Staff in attendance: L. Darco

1. Fairgrieve called the meeting to order at 12:10 PM.

2. Approval of minutes from March 7, 2012. Correction: JaneClark was not in attendance. On motion duly made, seconded,and passed, minutes are APPROVED

3. Nellor is not present, therefore no verbal treasurer’s report.Written financials were provided. Nellor made a detailed report atthe general membership meeting last month showing positivedirection since last year’s crisis.

4. Old business:a. Kaiser balance transfer: reported that bank documents have

been signed and monies transferred.b. March general meeting recap: Fairgrieve reported that 20-25

were in attendance, board discussed efforts to boost turnout atnext meeting in the fall. Board will consider a member survey toget feedback on direction of policy.

c. Mentorship program: Fairgrieve reports that he has some indi-viduals willing to serve on a mentorship committee to assemblean outline for a proposed program.

d. Civic/Legal education and outreach: Issue was raised a generalmembership meeting. There seems to be general support for theidea, but details and concrete plans still need discussion anddirection. Discussion held (brainstorm) about ways to reachout into schools, community, etc.

e. Office support and compensation: Committee will convene toset date and time to address the issue.

5. New Businessa. Lease renewal: Discussion held. On motion duly made, sec-

onded, and PASSED, David Gregerson is given generalauthority to negotiate lease terms, subject to board approval at alater meeting.

b. Press Releases in Hearsay: Discussion held about whether andhow to allow press releases in Hearsay. It was noted that manypress releases are more properly described as advertisement.Rylander will draft a proposed policy for board approval.

c. Veterans Court use of ListServ: Darco reports that requests havebeen made to use the listserv for announcements. Consensus isthat these are better done through Hearsay Magazine.

d. Membership fee scale options: Fairgrieve reports on dues forcomparable sister organizations to compare value against whatCCBA charges. Discussion held. No consensus at this time forchange in existing policy. On motion duly motion, seconded,and made, the board approved a change in policy to bifurcatedues through the year, with September to be a “grace month” formembership benefits until dues are renewed.

e. Use of Mila’s accountant for training Lisa: Darco seeks approvalto have information accountant consultation, at no cost, butnevertheless with nondisclosure provisions.

f. VLP fundraising announcement on ListServ: Gregersonrequests an e-mail blast for the May 11, 2012 CCVLP box lunchfundraiser event. Discussion held. Dunn suggests that CCBAconsider a monthly aggregate e-mail blast for this type ofannouncement. Board will form a committee or come up with aproposal. In the interim, in the interest of consistency,Gregerson’s VLP request is denied.

6. There being no more business before the board, on motion dulymade, seconded, and passed, the board meeting wasADJOURNED.

DAVID GREGERSONCCBA Secretary

CCBA Monthly Board Meeting MinutesApril 11, 2012

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HEARSAY - MAY 2012 920 CLARK COUNTY BAR ASSOCIATION

DOUG FOLEYHearsay Special Correspondent

On May 5, 2012 the Clark County Bar Association sponsored aday long trial skills CLE at the Clark County Courthouse. In thepreceding months, the CCBA sponsored a number of Nuts &Bolts CLE’s providing instruction on the various phases of a trialincluding jury selection, direct and cross examination of wit-nesses, opening statements and closing arguments. The trialskills seminar served as an opportunity for participants to prac-tice and hone the trial skills they had learned in the classroom.

Participants met at the Clark County Courthouse at 7:45 a.m. ona Saturday morning to present the various parts of a trial in smallgroups with a judge and a trial mentor. Judge Nichols, JudgeLewis and Judge Melnick graciously volunteered their time topreside over the various phases of the trial. Don Jacobs and myselfserved as mentors providing critiques and suggestions to the par-ticipants. Don and I also played witnesses in the directexamination and cross examination parts of the trial. Don wonrave reviews for his performance as a defense expert witness in aauto collision case and I tormented the attorneys with my per-formance as a heroin addicted defendant in a criminal fact pattern.

All participants served as “jurors” during the jury selection session andthe remainder of the day smaller groups of attorneys worked with ajudge and a mentor in an actual courtroom to individually present thematerial. Where possible, attorney participants were given the optionof presenting material from an actual case they were working on. Ihad the pleasure of working with all three judges during the day andall of the attorney participants. From the perspective of 26 years as alitigator, I learned many things from my participation in the CLE.

Many thanks to our CLE Committee Chair, Jane Clark whoplanned and participated in the event on Saturday and gave birthto a baby girl on Monday! Thanks to Don Jacobs lending his liti-gation expertise to the CLE. Thanks to our bar staff for theiradministrative support early on a Saturday morning.

A special thanks to Judge Lewis, Judge Nichols and Judge Melnick forvolunteering to serve as judges to provide a realistic trial experience forour participants. The feedback from members of the bench to par-ticipants made this a terrific learning experience for everyone involved.

The Scopes “monkey trial” was a remarkable piece of social andpolitical theater, played out in 1925 in the little town of Dayton,Tennessee. Almost nothing about the trial was genuine –andthe movie we are all familiar with Inherit the Wind was as “real”as the trial itself. Yes, there actually was a Clarence Darrow,Williams Jennings Bryan and a Butler Act which prohibited theteaching of evolution in any Tennessee classroom -- but every-thing else was a complete artifice consisting of a staged trial witha willing defendant, John Scopes, who agreed to be prosecuted,all for the purpose of putting a moribund Dayton back on themap. This trial also had the consequence of allowing some of thelarger than life personalities of the time to strut their stuff andshine in the limelight of national publicity. The press ate it up,the trial was broadcast live via radio -- and the posturing in thecase was deliberately polarizing with the effect of making reli-gious people appear narrow minded and stupid and progressivesappear clever and smart -- through their respective archetypes,Bryan and Darrow. However, the net effect of it all was thattruth and science were both run through the mud.

The trial conspiracy was hatched in Fred Robinson’s drug storein Dayton, a town that had lost roughly half its population in thepreceding thirty years. George Rappalyea worked as a managerin a local coal company and he presented the idea of the trial to agroup of town leaders at a meeting held in the drug store. Previ-ously, the ACLU had openly declared that it would defendanyone who may be prosecuted under the Butler Act. No onehad been up to the point of the drug store conspiracy. JohnScopes, a science teacher and football coach, then 24, intendedto leave Dayton in any event– and was asked to be the defen-dant. He readily agreed. Remarkably, the drug store even soldschool text books – and a quick consultation with the biologybook taken right off the shelf at the meeting held by these con-spirators mentioned evolution – the very book that Scopes had

used at the high school. Everyone agreed that he was breakingthe law (including Scopes) and the drama was officially on.Scopes even encouraged three of his students to testify againsthim – they did at a Grand Jury -- and he was officially indicted.

All that was left to do was the staffing of the prosecution anddefense teams. Rappaleya actually wanted H.G. Wells to be partof the defense team – but that great writer of classic science fic-tion wanted nothing of the farce. Others were only too willing.Two monstrous egos of the time, Clarence Darrow and WilliamJennings Bryan, jumped to the chance to lead the charge fortheir respective sides. Other lesser knowns also swooped in for apiece of the action, including Bryan’s son, various ACLU hang-ers on and even a prominent local divorce attorney who neededa hiatus from the humdrum of dividing up jewelry and othertrinkets. An absolute circus atmosphere prevailed in the town –and just as George Rappalyea had hoped, the legal lookie-lousdescended on Dayton.

The original defense position urged by the ACLU was that therewas no necessary conflict between science and religion – and,therefore, no reason for the Butler Act and no rational basis forthe law. However, Darrow hijacked the trial in the name of per-sonal grandstanding, took it upon himself to junk that strategyand began an all out attack on Biblical veracity which culminatedin the more than bizarre spectacle of a cross examination ofBryan, chief prosecution counsel, who willingly took the stand atthe end of the trial as a “Biblical expert” generating some of themore memorable lines of the trial that made it into the movie asan exchange between the not so fictionalized characters ofHenry Drummond (Darrow) and Matthew Brady (Bryan).

The opening statements set the tone of the trial and Darrowdepicted the trial as a struggle between Truth and Ignorance.

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HEARSAY - MAY 2012 218 CLARK COUNTY BAR ASSOCIATION

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Bryan stated that if evolution “won” in the trial that Christianitywould be extinguished. Darrow argued, as inanely, that “civiliza-tion itself” was on trial and not the Defendant (a line that hasbeen regrettably copied far too often since that time). From theoutset, the Defendant, John Scopes, was all but forgotten andwould have been as comfortably seated in the swelling audienceas much as in the dock. The trial became highly personalbetween Darrow and Bryan. Darrow demonized Bryan andaccused him of even being responsible for the Butler Act (hewasn’t), labeling the legislation as both “wicked” and “mischie-vous.” From the standpoint of the present time, such wordslinging sounds fairly ho-hum, but in 1925 this terminologydirected against legislation designed to preserve contemporarymoral principles was incendiary and startling and grabbednational headlines.

Due to the number of spectators, the trial was moved outside.The cross examination of Bryan by Darrow (pictured above)occurred on the eighth day of trial in the open air in an atmos-phere of lunchbox day time theater. The two egos hadthoroughly dominated the trial – and now the case was nolonger Tennessee v. Scopes, but had been turned inside out andessentially mutated into Darrow v. Bryan. Bryan took the standto testify about the Bible and defend Truth. For two hours, thetwo bantered with each other about the Bible and science. Dar-row ridiculed Genesis and called into question the plausibility ofthe creation story – with Bryan doggedly on the defense. Dar-row questioned Bryan how Cain found his wife, since Adam andEve only begat Cain and Abel. Bryan replied that Cain had“likely left the agnostics to go hunt for her.” On this point andothers, Bryan eventually found himself in retreat and he eventu-ally came to the point of conceding that the Bible cannotabsolutely be accepted literally in every respect – an admissionthat constituted a major inroad against Biblical veracity fromDarrow’s perspective. Of course, all of this had nothing to dowith the Butler Act and John Scopes and the question ofwhether he had violated the law – the supposed centerpiece ofthe trial. Judge Raulston (the Judge Ito of his day) had beenhopelessly manipulated in the trial to that point, and finally ruledthe following day that the entire examination of Bryan had beenirrelevant and ordered it stricken.

In closing arguments, Darrow actually asked the Jury to return averdict of guilty against Scopes so that “the whole matter” couldbe determined by the Tennessee Supreme Court. Remarkably,his concession prevented Bryan from giving a final rebuttal argu-ment – a speech that he had labored on at great length, therebydenying him his last act of grandstanding and the opportunity torehabilitate himself after the cross examination contest with Dar-row that, by the account of most observers, he had lost ondebating points, if not substance.

The Jury readily agreed with Darrow’s request and Scopes wasfinally found guilty and then fined $100 by the Court. On appealhis conviction was thrown out by the Tennessee Supreme Court ontechnical issues, leaving the Butler Act intact. The court labeled the

trial “bizarre” (which it clearly was) – and signaled that it wanted tohear no more such nonsense from any similar trial combatants.

Five days after the trial, William Jennings Bryan died. He hadbeen a diabetes sufferer and the trial had taxed his last reserves.Darrow lived another 13 years. He emerged from retirement tofight religion one more time in an event known as the “MeccaTemple Debate” against an English writer, G.K. Chesterson, inwhich they faced off on the question: “Will the World Returnto Religion?” The event fostered no plays or movies. There is norecord of what was said, and that grand debate is now largelyforgotten.

After the trial, Scopes left Dayton, as he had planned all along,and studied geology at the University of Chicago. He thenworked for Gulf Oil and the United Gas Company and, likeCain, found a wife and also became baptized as a Catholic inVenezuela on one of his assignments to that country. He died in1970. What he may really have thought about evolution no oneseems to know – and as far as the trial was concerned, no onereally cared.

And what of the eye of the Hurricane – little Dayton? After sell-ing thousands of gallons of lemonade, scores of blue platespecials and jacking up the price of hotel rooms for a bit, thetown was hardly any better off. Dayton has roughly doubled insize since 1925 – something that would easily have happened inthe intervening 87 years without the publicity of the trial.

As far as the Butler Act was concerned – no one else was everprosecuted under that law. As it turned out, one trip to the zoowas clearly enough. The Act largely remained overlooked until1967. At that time, another teacher Gary Scott was dismissedfor violating the Act. He sued for reinstatement, and began aclass action lawsuit in federal court. Enough was enough. Threedays later a bill was introduced in the legislature rescinding theAct and was passed by both houses and signed by the Governor.Scott was immediately reinstated.

No one wanted a rerun of what history has to concede was trulya very bad movie.

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HEARSAY - MAY 2012 722 CLARK COUNTY BAR ASSOCIATION

At the invitation of Chief Judge Barbara Johnson, Chris and JanKitchel gave a presentation to an enthralled group of attorneysat the April 25, 2012 meeting of the American Inns of Courtregarding their respective experiences representing individualsin Kenya and Guantanamo

Chris Kitchel used a three (3) month sab-batical to explore and study the Kenyancriminal justice system as part of theLawyers Without Borders program in 2011.The Kenyan criminal justice system is likenothing we expect or experience in the

United States. Corruption is ram-pant and the standard of the day.Trials are not by jury. In fact, thereare no trials. Evidence is notrequired to put someone in cus-tody, or in fact to keep them inprison for long periods of time.The police are the prosecutors,and the accused is not entitled to adefense or a defense attorney.

Jan Kitchel volunteered to represent an individual incarceratedin the U.S. Military Prison, Guantanamo Bay, Cuba, on a habeascorpus petition. The detainee speaks only Arabic and French.Because Jan’s daughter speaks French, he coopted her college

term for assistance in communicating withhis client. Of the numerous habeas corpuspetitions filed for all the detainees, approxi-mately 30% were granted by the UnitedStates District Court for the District ofColumbia. However, all petitions grantedwere reversed by the United States Court ofAppeals for the District of Columbia Cir-cuit. Jan represented that in essence, the

detainees are not going anywhere until the Federal Governmentdecides to release them. And even if the Federal Governmentdecides to release them, they can’t be released unless a foreigncountry agrees to accept them, and not torture them. Largely,this means European white detainees have gone home. MiddleEastern and African detainees remain at Guantanamo, even afterbeing cleared for administrative release. The trials that haveoccurred so far at Guantanamo bear no resemblance to the U.S.criminal justice system: the rules of evidence don’t apply, thereis no Miranda, there is no evidence exclusion, there is no right tobe faced by the accusers, etc.

The George & Donald Simpson American Inns of Court meetsevery third Wednesday typically in the conference room of LittleItaly, Downtown Vancouver. The American Inns of Court is anorganization of attorneys created for the purpose of improvingthe skills, professionalism, and ethics of the bench and bar.

Guantanamo & Kenya EnthrallAmerican Inns of Court Members

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HEARSAY ADVERTISERS WANTED!CCBA is looking for reliable Attorney Support Services who want affordable,

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HEARSAY - MAY 2012 236 CLARK COUNTY BAR ASSOCIATION

HEARSAY PROFILE DOUGLAS F. FOLEY

HOME: Battle Ground, WA

AGE: Wizened

PROFESSION: Wordslinger

HOBBY: History, travelling to Locations other than a courthouse when I find the time, Dead Languages and some Live ones, archaeology and general science - and more history .

LAST BOOK READ: Anabasis by Xenophon .

LEGAL PHILISOPHY: Enjoy it all -- and try not take anything too seriously, especially not yourself.

LATEST ACCOMPLISHMENT: Responding to an opposing counsel's brief without using a Latin phrase -- which is usually a pretext for telling the vappa ac nebulo what I really wanted to say about him and his malus nequamque arguments. WHY I DO WHAT I DO: Excellent question, and I have no good answer.

PROFILE: An optimist by choice.

BEVERAGE OF CHOICE: I am officially alcohol intolerant, that unfortunately came with age and despite being German\Irish - so everything defaults to Coffee. Leider! Es tut weh!

The CCBA will be hosting aTitle 11 Guardian ad Litem training on June 15 and 16

at the Water Resource Education Center.

Please contact Lisa Darco in the CCBA office for more information.

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HEARSAY - MAY 2012 524 CLARK COUNTY BAR ASSOCIATION

Gregory Michael Gonzales is now “Your Honor”. Judge Gonza-les became the newest member of the Clark County SuperiorCourt bench replacing retiring Judge Edwin Poyfair. Appointedby Governor Christine Gregoire to fill the seat, Judge Gonzaleswill take over the opening in Department 4.

Judge Gonzales was sworn in May 1st by Judge John Nichols andby all accounts, leaped into the duties like a kid entering Disney-land. The word "enthusiastic" was the most used by othersdescribing his first days. The official investiture ceremony waslate Friday afternoon on May 4th in Judge Barbara Johnson'scourtroom. The place was packed to the rafters with family, wellwishers and members of the bar. In an unusual twist, Judge Gon-zales used the occasion to announce he'd just become engaged toMolly Trafelet, his now fiancé. Local historians have been con-sulted, and this is believed to be a first in Clark County. No otherjudge in memory has used the investiture ceremony to alsoannounce their engagement. There was even a little suspenseinvolved. The Judge happily informed the crowd he'd askedMolly to marry him, but didn't tell us her response. So Judge,she said yes, right? Although, one could assume the response waspositive since Molly handled the role of helping his honor into hisfirst Clark County Superior Court standard issue black robe.

After Judge Johnson did the official swearing in, the standing roomonly crowd heard from Mike Roe describing his years with theJudge in private practice. Then Judge Bennett said a few wordsabout the job followed by the newest judge thanking all assembled.He mentioned he was truly humbled by all the support he receivedand the overwhelming favorable response in the bar poll. Whenhe sat down with the rest of the gowned members of the bench inattendance, it immediately looked like he belonged there.

So Judge Gonzales is joining a pretty elite club. Although theJudge did preside over the Battle Ground Municipal Court forthe last seven years, a big learning curve awaits. That's primarilybecause it looks like he'll be filling Judge Poyfair's family courtslot with Judge Rulli over in the annex. He'll even slide right intoJudge Poyfair's old office. Judge Gonzales admits he wouldn'tknow a family law case if it bit him. Fortunately, he also inheritsGizella Darfler, Judge Poyfair's very capable JA.

The local historians were consulted one more time and it isbelieved Judge Gonzales is the first person of color to occupy theSuperior Court Bench in Clark County. It wasn't that long agothat Clark County saw its first female on the bench. So history

was made twice in JudgeJohnson's courtroom thatday. Funny, but I'venever thought of JudgeGonzales as a person ofcolor. He was just GregGonzales. A funny, effer-vesent and passionateguy who really caredabout his clients and thepractice of law, with thereputation of being a veryfine lawyer. I guess that iswhere we are all trying toget to in this society. Iasked the Judge aboutthis historic first in our interview. Although the significance of itwasn't lost on him, he too says he just always thought of himselfas Greg Gonzales, and hoped others did as well. Nevertheless,this is a nice plus with his appointment. The county gets a reallygood candidate to dispel justice and a significant and increasingpercentage of our population sees someone who looks like themon the bench.

Judge Gonzales graduated from Lewis and Clark Law School in1981. His undergrad years were at UC Riverside. Of note is hisbaseball career at the school. The Judge was the starting secondbaseman in his senior year when the school won the Division IINational Championship. Skills he put to some use over his thirtyyears in the community acting as a volunteer coach for kid'ssports. He came to Clark County when Bill Baumgartner offeredhim a job in the summer of 81 with the then firm of Weber,Baumgartner & Gunn. He's stayed with the firm ever since,doing civil litigation.

Of course Judge Gonzales does have to run for election inNovember. So far, no one has announced any plans to challengehim for the seat. Given how well he fared in the bar poll, anychallenger would have an uphill battle. At 56, it's seems unlikelyJudge Gonzales will ever return to his career as a lawyer. Whichis something he tells me he'll miss. When asked what he'll missmost about private practice, he talked about being able to helpclients. The first lawyer in his family, Judge Gonzales told me hisbiggest achievement in life was when he became a lawyer. WellJudge, you just eclipsed that. Welcome to the bench your honor.Many of us hope you'll be there for a long time.

Susan Arney, Executive DirectorAshley Belisle, Program CoordinatorAdministrative: 360-823-0423E-mail: [email protected] you have clients that need our help, the first step is to havethem call the CLEAR hotline to be screened and to receive an ini-tial attorney consultation over the phone. I know it is hard to getthrough to CLEAR – but it is possible. There are instructions onour website – www.ccvlp.org – under Legal Help.The CLEAR phone number is – 1-888-201-1014 and they areopen Monday through Friday from 9:15 AM to 12:15 PM. Thetrick is to hang up and redial over and over. When the client getsthrough they are screened for eligibility and then they are placedon hold for up to 30 minutes or they may get an appointment fora call back later. They can receive some immediate help and canbe referred to one of the local programs for further assistance.Thanks, Susan MANY THANKS TO ALL THE ATTORNEYS AND PARALEGALS WHO STAFFED THE ADVICE CLINICS,HOMELESS CLINICS, PROVIDED REPRESENTATION,AND VOLUNTEERED IN THE HOMELESS COURT INTHE MONTH OF MARCH

DIRECT REPRESENTATIONMarvin Benson, Bill Brendgard, Mark Carter, Robert GreggStanley Horak, Phil Janney, Dustin Klinger, Scott MatthewsRobert Russell, Susan Stauffer, Randy Stewart, Todd Trierweiler

BANKRUPTCY:Erin McAleer

YWCA SAFECHOICE DV CLINIC:Sidney Dolquist, Susan Phillips Hammann,Vickie Kesala, Christie Martin, Kathryn Smith

FAMILY LAW:Lou Baran, Bill Brendgard, Matt Blum, Ivan Culbertson,Ed Dawson, Sidney Dolquist, Susan Phillips Hammann,Marlene Hansen, Lincoln Harvey, Robin Krane

GENERAL LAW:David Feeney

HOMELESS COURT:Chuck Buckley, Erin Culver, Abby Powell, Mark Sampath, Anna Waendelin

HOMELESS SHELTER:Peter Fels, Gavin Flynn, Dustin Klinger, David Feeney, Janna Lovejoy

HOUSING JUSTICE PROJECT:Tresa Cavanaugh, Ed Dawson, Janna Lovejoy, Scott MatthewsBill Robison, Ben Wolff, Phil Wuest

STATISTICS FOR MARCH

The CCBA Welcomes Judge GonzalesDON JACOBSHearsay Special Correspondent

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Page 25: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

HEARSAY - MAY 2012 254 CLARK COUNTY BAR ASSOCIATION

LAW LIBRARY NEWS

The Clark County Law Library is making arrangements to have apublicly-available trial of Westlawnext in the law library, mostlikely during the month of June. Please come in, take it for a testdrive, and tell us what you like/don't like about it compared towhat we are now calling "classic" Westlaw. Our contract is upthis fall, and we need to decide what online service we want tohave, and your input is important to us.

FOR SALE through May, 2012The law library is taking blind bids on the following items:1. Criminal Caselaw Notebook 2011 (print) with update, andCD Rom 2008.2. Deposing and Examining Doctors CD Rom.3. Defending Drinking Drivers CD Rom.Electronic discovery materials:4. Information Technology Primer for Legal Professionals5. ESI Pretrial Discovery Strategies and Tactics6. Electronic Discovery and Evidence CD Rom 3rd editionGive your bid to the law librarian through the end of May. Bidsmust indicate your name, phone number, amount, and item(s)on which you are bidding. Winners will be notified in early June.We reserve the right to withdraw an item from bidding.

NEWS YOU CAN USE

New Addresses:Nicholson Legal Services, PLLCErnest L. Nicholson, Attorney at Law7700 NE 26th Ave.Vancouver, WA 98665-0672360-574-1600 • Fax [email protected]

QuickBooks Vendor MaintenanceEntity ChangeTo keep history, if a vendor changes entities, such as from soleproprietorship to S-Corp, setup a new vendor for the corpora-tion and inactivate the sole proprietorship (note: the namesneed to be different, so for the corporation add PS or Inc., etc.).To inactivate a vendor:1. Click the Vendor Center2. Click the Vendors tab3. Right-click the vendor name you don’t want to use, and thenclick Make Vendor InactiveCombine Two VendorsIf a vendor is listed twice, say as KK Enterprises and KathleenKennedy Enterprises, merge the two vendor names so that all ofthe transactions are associated with just one name. To mergetwo vendor names:1. Click the Vendor Center2. Click the Vendors tab3. Right-click the vendor name you don’t want to use, and then click Edit Vendor.4. In the Edit Vendor window, change the vendor name to thesame name as the vendor you want to keep5. Click OK6. Click Yes to merge the two vendor names under the same nameNote: Once two vendor names are merged, it cannot be reversed.Edit VendorTo edit information for a vendor in the vendor list:1. Click Vendor Center2. Click the Vendors tab3. Right-click the vendor you want to edit, and then click EditVendor4. Edit the information shown for the vendor as necessary5. Click OKDelete VendorIf a vendor has no links, such as, has not been used in a check oris not part of a memorized transaction, and is not needed, deletethe vendor:1. Click Vendor Center2. Click the Vendors tab3. Right-click the vendor you want to delete, and then clickDelete Vendor4. Click OKTip: If you delete the vendor by mistake, immediately go to the

Edit menu and choose Undo Delete Vendor - the only time youcan revert a vendor deletion is immediately after you delete.

MARIA SOSNOWSKILaw Librarian

ATTORNEY BOOKKEEPING TIPSEMANUELA SANDRIAttorney Bookkeeping Services, Inc.

LISA DARCOCCBA Office Manager

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WILLIAM F. NELSONBaumgartner, Nelson & Price, PLLC

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Many thanks to the more thansixty lawyers, judges and court personnel for the referralsthat have made this celebrationpossible.

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Page 26: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

HEARSAY - MAY 2012 326 CLARK COUNTY BAR ASSOCIATION

Dear fellow bar association members:

There are two matters I would like to discuss this month. Thefirst concerns current initiatives the Clark County Bar Associa-tion is pursuing. The second concerns the potential impact thatcertain recommended cuts to the Washington State Bar Associa-tion budget would have on local attorneys who are involved in,or may be interested in becoming involved in, WSBA activitiesin the future.

On March 26 of this year our association had its second and lastgeneral membership meeting of the year. After a number ofreports summarizing our financial status and activities, weengaged in a guided discussion about the priorities of the associ-ation. In general, we discussed the continuing legal educationprogram, the proposed mentorship program, a proposal that webecome more involved in civics education, our current duesstructure, and ways to increase participation by our members inour activities.

At its meeting in April and again in early May the CCBA Boardof Trustees discussed the information gathered from our mem-bers at the meeting in March, particularly as it related to creatinga mentorship program and increasing our involvement in civicseducation. Concerning the former, after discussing the compo-nents of successful mentorship programs and the Oregon StateBar Association’s mandatory New Lawyer Mentoring Programthe board has decided to host a meeting which will occur in Juneto discuss what sort of mentorship program the members of ourassociation want and would be willing to actively support. Thetime, date and location of this meeting will be published shortly.

Turning to civics education, Jill Sasser, one of our trustees andone of the organizers of the mock trial competitions for the pasttwo years, has informed the board that she believes that the pro-gram could be expanded to high schools that do not currentlyfield teams. Once Jill determines what the level of interest is shewill report back to the board and we will begin to recruit attor-

neys to coach the new teams. If you are interested in doing soplease contact me or Lisa Darco, the association’s office man-ager, at [email protected].

Finally, as you are probably aware, the WSBA member referen-dum to reduce license fees to $325 recently passed. The WSBABoard of Governors met on April 27-28 to address a number ofmatters, including a series of budget recommendations by theWSBA’s Budget and Audit Committee to close what it estimatesis a $3.6 million budget gap. One of the recommendations is toeliminate funding for positions on WSBA standing committees,boards and task forces. The effect of this recommendation willbe that volunteer board and committee members will no longerbe reimbursed for travel expenses including airfare, mileage,lodging, and meals. Details of the Budget and Audit Commit-tee’s recommendations can be found athttp://www.wsba.org/About-WSBA/Governance/Board-of-Governors/Meeting-Materials. The Budget and auditCommittee’s recommendations can be found on pages 631-633.

For many reasons the WSBA suffers from a Seattle-centric orien-tation and it is important for attorneys from other regions of thestate to serve in leadership positions within the state bar. It isalready a hardship for many local attorneys to serve on WSBAcommittees, boards and task forces due to the time it takes totravel to meeting sites. Withdrawing reimbursements for travelexpenses will have the net effect of further discouraging attor-neys from outside the Seattle area from participating inleadership positions in the WSBA.

I urge you to take a few minutes to inform yourself about thecuts being proposed to the WSBA budget, and to make yourfeelings known to our WSBA representatives. Our governor,Brian Kelly, can be reached at [email protected]. TheWSBA president, Steve Crossland, can be reached [email protected].

PRESIDENT’S MESSAGE

JOHN FAIRGRIEVECCBA President

The CCBA’s Lawyer Referral Service is a program designed tohelp the general public find attorneys appropriate for theirneeds, while at the same time providing a source of new clientbusiness exclusively to our members.

To participate, members pay a small one-time annual fee. (The service is free to the public.) For more information, call the CCBA at 360-695-5975.

THE SWLRS REFERRED 272 CLIENTS IN THE MONTH OF MARCHAdministrative Law ......................................................16Bankruptcy ....................................................................6Business & Corp ..........................................................12Consumer ....................................................................17Criminal ........................................................................19Debtor/Creditor ............................................................11Family Law ..................................................................51General Litigation ........................................................63Labor & Employment....................................................30Real Property................................................................23Wills & Trusts ..............................................................12Worker’s Comp ..............................................................8ADA ................................................................................2

SW WASHINGTON LAWYERREFERRAL SERVICE

UPCOMING EVENTS

May 23, 2012Hearsay Committee MeetingCCBA Office - Noon

June 6, 2012CCBA Board MeetingCCBA Office - Noon

June12, 2012Superior Court Bench/Bar MeetingCourthouse - Noon

June 13, 2012Family Law Section CLE & LunchTommy O’s - 11:30am

June 13, 2012Nuts & Bolts: AdoptionRed Lion at the Quay - 3:00pm - 5:00pm

June 15 & 16, 2012GAL Title 11 TrainingWater Resource Education Center -9:30am - 5:30pmCall CCBA if you’re interested in attending

MEETINGMEETING

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Page 27: CCBA Welcomes Judge Gonzales · Get targeted exposure to CCBA members and associates! CCBA Welcomes Judge Gonzales page 5. ... IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931

THIS MONTH’S ISSUE

President’s Message ............................................................................3

The CCBA Welcomes Judge Gonzales ................................................5

2012 CLE and Nuts & Bolts Calendar ..................................................8

CCBA Monthly Board Meeting Minutes..............................................10

CLE - Adoption ....................................................................................11

Superior Court Meeting Minutes ........................................................13

Family Law Section Meeting ..............................................................14

Double Hearsay ..................................................................................15

Kids Love Lawyers! Students Learn About Civics ............................17

INHERITING THE WINDBAGS: Monkeying Around with Justice ......20

Guantanamo & Kenya Enthrall American Inns of Court Members....22

Hearsay Profile: Douglas Foley ..........................................................23

Clark County Volunteer Lawyers’ Program ........................................24

Law Library News................................................................................25

News You Can Use..............................................................................25

Attorney Bookkeeping Tips ................................................................25

SW Washington Lawyer Referral Service ..........................................26

Events Calendar ..................................................................................26

IMMEDIATE PAST PRESIDENTKurt Rylander(360) [email protected]

TRUSTEEJane Clark(360) [email protected]

TRUSTEEArin Dunn(360) [email protected]

TRUSTEEJill Sasser(360) [email protected]

VLP REPRESENTATIVEDavid Gregerson(360) [email protected]

OFFICE MANAGERLisa Darco(360) [email protected]

MEMBER SERVICESKaitlin Lisandrelli(360) [email protected]

HEARSAY EDITOR-IN-CHIEFKurt Rylander(360) [email protected]

PRESIDENTJohn Fairgrieve(360) [email protected]

VICE-PRESIDENTSuzan Clark(360) [email protected]

TREASURERJ.D. Nellor(360) [email protected]

SECRETARYDavid Gregerson(360) [email protected]

2011/2012 CCBA OFFICERS & TRUSTEES

RICHARD G. SPIERMEDIATOR

Highly experienced–full-time neutral since 1992

Business & commercial; personal injury; employment; real estate & construction

Listed for Mediation inThe Best Lawyers in America ®

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Fax 503-284-2519

[email protected] www.spier-mediate.com 2536 N.E. 28th Avenue Portland, Oregon 97212-4916

No charge for travel time or travel expense in Oregon and Washington

HEARSAY is published 12 times per year and is design edited by: JEFF GOUGH, Creative Director • GOUGH CREATIVE GROUP

360-818-4GCG • [email protected]

An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopysubscription for $48.00. Letters, news items, upcoming events and announcements are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor’s discretion and spaceavailable. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. The publication does not purport to offer legal advice.

CCBA OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m.

Law office of:

JANE E. CLARKA T T O R N E Y A T L A W

1014 Franklin StreetFranklin Suites, Suite 108

Vancouver, WA 98660

Available for Referral or Association

Vancouver 360.859.3823Portland 503.974.4161

Email [email protected]

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MICHAEL SIMONPhone: 360-696-3312 (WA)

503-283-3393 (OR)

Fax: 360-696-2122

[email protected]

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CLARK COUNTY BAR ASSOCIATION500 W. 8th Street, Suite 65Vancouver, WA 98660

ccbawashington.orgMAY 2012

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