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2 THIS MONTH S ISSUE President s Message...3 Supreme Court Social: A Visit from the Supremes...5 CCBA Board Meeting Minutes...7 Family Law Section...8 Young Lawyers Section...10 CLE Calendar...10 Superior Court Bench/Bar Minutes...11 Inns of Court...12 Brown Bag CLE: Military Law...13 CCBA Golf Tournament a tournament like no other!...15 WSBA Solo & Small Firm Conference...16 Is your head in the sand? Understanding electronic data...18 IN MEMORIAM: David D. Jahn...23 Washington s Law Clerk Program...25 Attorney Call to Duty...26 Hearsay Profile: Elizabeth Arwood...28 Clark County Superior Court Jury Selection Procedures...29 Double Hearsay...31 Clark County Volunteer Lawyers Program...32 Clerk s Report & E-filing - Printing to TIFF...33 CCCEF User Registration Form...35 News You Can Use...36 Attorney Bookkeeping Tips...36 Events Calendar...38 SW Washington Lawyer Referral Service...38 HEARSAY is published 12 times per year and is design edited by: GOUGH CREATIVE GROUP JEFF GOUGH, Creative Director GCG An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy subscription for $ 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 space available. 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. He delivers. In two states. MEDICAL MALPRACTICE WRONGFUL DEATH PERSONAL INJURY Don Jacobs will handle your cases in Washington... and Oregon. A past-president of the Oregon Trial Lawyers Association, Jacobs is available to take your cases to court in either state Law office of: JANE E. CLARK ATTORNEY AT L AW 1014 Franklin Street Franklin Suites, Suite 108 Vancouver, WA Available for Referral or Association Vancouver Portland

3 PRESIDENT S MESSAGE JANE CLARK CCBA President As I write this column I am counting down the days to the end of the school year. Four more to go. The frantic planning days of finding camps and babysitters are over. The camp sites for our weekends away are booked. The week long trip to Utah that involved 24 hours of driving with a cranky 2 year old and a temperamental tween has been rescheduled to a trip to the Redwoods with a far more civilized 12 hours of driving. My trials scheduled for the fall have settled. Maybe now I can breath easy for 2-3 months. Or can I? Maybe with a less frantic schedule I need to spend some time reviewing my practice, making sure I am working efficiently and, perhaps more importantly taking what steps I can to prevent getting hacked! I raise this issue as I recently attended the seminar presented for the CCBA by Lainie Hammond and Gayle Kirsopp entitled Cloud Technology and IOTLA Ethics. Lainie and Gayle presented a one hour CLE following our General meeting earlier this year and we asked them to come back and present in more detail in light of the fact that they managed to scare the hell out of most of us who attended their first presentation. Heather Norton has written an excellent article appearing in this issue of Hearsay summarizing this presentation in detail and I would encourage everyone to read it. I came away from the seminar with an urgent list of to dos in order to make my practice more secure. I learned that Gmail and the free google docs service are currently not encrypted raising issues of client confidentiality. Clients need to be advised that if they send s to their attorney on a work account they risk waiving the attorney client privilege. I learned easy techniques for making passwords more secure but still memorable. I learned that I need to have the capacity to remote locate and wipe my hard drive on all devices and that I need to password protect my hard drive. I also learned that I probably should be using my personal hot spot and not log into the Starbucks Wifi if I decide to work in a coffee shop. Attorneys have a lot of personal information about clients in our files and, in response to my question - why would anyone want to hack a solo practitioner attorney in Vancouver - the answer was - because you have a wealth of useful information and you are easier to hack than Target (and let s face it - Target was apparently not too difficult to hack either after the fiasco at Christmas when thousands of client accounts and personal information were compromised when accessed by a hacker). So I at least am going to spend some time this summer improving my security procedures. You may at least want to read Heather s article and decide if you want to do the same. Kids up at 5:30am on 1st camping trip of the year. Here's to a relaxing summer! Speaking of Heather, I was delighted to see her at the seminar and we are grateful for her continuing work and efforts for the CCBA. She plans to continue writing articles for the Hearsay and I am sure we will see her at upcoming events. I want to personally express my gratitude to her for her wonderful service to the CCBA during the time she worked with us. We will miss her and wish her every success as she returns to her legal career. In terms of upcoming events, mark your calendar for the barbecue on July 18th. We have scheduled our next General meeting for September 15th to be followed by a CLE - A View from the Bench to be presented by 2 of our local judges. Finally, for those of you who have not already heard the news, we will have two contested elections this fall. Bob Vukanovich will be running for Department 5 Superior Court judge position against the recently appointed Bernard Veljacic. In addition, Josie Townsend is running against Tony Golik for the position of Clark County Prosecutor. We will be holding preference polls for these positions and will be having a trial run of an electronic poll. For some time the CCBA board has been discussing this as a possible alternative to the written polls which are time consuming and expensive. We welcome any feedback and hope that as many people as possible will participate in the poll. We are also considering holding a candidates forum so watch out for further announcements from the CCBA on this. Wishing everyone a happy and healthy summer. HEARSAY - JUNE

4 We ve got holes in our Lawyer Referral Service....and you can fill them! Each month the LAWYER REFERRAL SERVICE refers hundreds of potential clients to our attorneys. But in some of our referral areas, our attorneys are...well...sparse. This is a great opportunity for YOU! If you practice in any of these areas, consider joining the LRS today! - ADMINISTRATIVE LAW - CONSUMER - DEBTOR/CREDITOR - LABOR AND EMPLOYMENT MEMBERSHIP IS ONLY $150 PER YEAR. Plus, we are expanding our advertising efforts to include an active link on our brand new website... COMING SOON! Hear what some of our LRS members have to say: The lawyer referral service is a great resource for the public and a great source of work for local attorneys. Not every case is a good case but that is the same no matter where the referral comes from. The fee for joining is reasonable and the way I look at it if you get one good case from the service it will probably more than pay your fee for the next 5 years. I have had several good cases from the services during the 6 years I have been a member. ~Jane Clark The LRS has helped me grow my family law practice, and has increased the number of family law consultations I do. It is a nice way to attract potential new clients. ~Elizabeth Arwood Call Lisa Darco today! CLARK COUNTY BAR ASSOCIATION

5 Supreme Court Social A Visit from the Supremes JEAN McCOY Hearsay Special Correspondent On May 13, 2014 the Washington State Supreme Court Justices heard oral argument in three cases as part of a visit to Clark County, and specifically Clark College. Every year the Justices visit a different part of the State to hear cases, and to talk with the locals about the Court process. The last visit by the Justices was in 1999 and we have Judge Rich Melnick to thank for this latest visit. Each visit is more than a year in the making, so Judge Melnick discussed this request long before he was appointed to the Court of Appeals for Department 3. This is only the second time the Supreme Court has heard arguments in Clark County. It sure doesn t hurt having an Appellate Judge as your sponsor! In honor of the Justices visit, the Clark County Bar Association hosted a social event on the evening of May 12, 2014 at the Artillery Barracks at Fort Vancouver. The nine justices, Barbara A. Madsen, Charles W. Johnson, Susan Owens, Mary E. Fairhurst, Debra L. Stephens, Charles K. Wiggins, Steven C. González, Sheryl Gordon McCloud, including newly appointed Justice Mary Yu were in attendance, as well as many from our local Bench, and newly retired Judge Joel Pennoyer, who also acts as a Pro Tem. The Justices answered many questions informally from the local Bar. The cases heard by the Court in Clark County were not cases that originated in Clark County. All participants in the process agreed to have their cases heard in Clark County, as opposed to Olympia. Unlike other States Supreme Courts, in 1995 ours was one of the first courts in the world to allow broadcast of its cases on Washington s Public Affairs Network, TVW. Let s get Judge Melnick going on scheduling that next visit! HEARSAY - JUNE


7 CCBA Board Meeting Minutes RICK McLEOD CCBA Secretary CCBA Board of Trustees Mtg. May 7, :07 PM (Caron, Clark, Dunn, Nellor, Fairgieve, Mancuso, Mc Leod, Sasser) Lisa Darco present. Motion to Approve April Minutes (MANCUSO/FAIRGRIEVE) APPROVED. Treasurer s Report (Nellor) Solvency continues. We are over budget on a number of items, but this has to be considered with respect to income. For example, Title 11 GAL training was not in this year s budget, but the tuition easily covered the cost of the meals provided, and we had a net profit on the training. Insurance will be planned further in advance next year, so that we can take bids from other firms. Family Law Section Accounting (Clark) Still investigating. FLS definitely does not have a $20K credit. Quickbooks is difficult to reconcile, given the way that the entries have been setup in prior years. Current practice (consolidated with CCBA account) is problematic. There has been a recurring accounting problem. FLS expenditures are open loop from the CCBA accounting process. Appears that the best way forward is to transfer accounting to FLS. Will investigate further. New Employee (Clark) Interviewed several qualified candidates. Paula DeLano preferred candidate as she desires long term part-time position. She ll work with Heather during a learning period. She ll start at a probationary rate for 90 days and we ll review. Tax Issue (Clark) IRS Notice non-profit tax status has been revoked for failure to timely file Form 990 (for three years). Non-profit returns filed in February, apparently were due Jan 15. No warning notice was received from our accountant. We need to file for reinstatement and identify an appropriate mechanism to insure that 990 s are prepared in advance and timely filed. Discussion whether to stay with current accounting firm. (Should we consider changing firms to someone with better focus on non-profits?) Sidenote: We will cancel our planned audit with current CPA and schedule an audit with another firm to avoid potential conflict. 2014/2015 CCBA Board Candidates (Clark) Nominating Committee will meet today to discuss potential slate. Supreme Court Social (Clark) Currently 79 tickets sold. Clark College President will also attend. Swearing In (Clark) Nineteen candidates expected. Motion to Provide Pro-rata Membership to new lawyers being sworn in if they apply and pay dues for next year by May 16, (CLARK/SASSER) Approved. ADJOURNED, 1:16 PM. Do you have a Bar Exam horror story? If so the Hearsay editorial staff would like to hear about it! Please with all the details! HEARSAY - JUNE

8 Family Law Section MEREDITH MCKELL GRAFF Secretary/FL Section The May Family Law Section meeting featured Mary Blanchette, Executive Director of the Children s Justice Center, speaking on A Multidisciplinary Response to Child Abuse Crimes. The following article is a summary of her presentation at the meeting. CJC started nationally first in the East Coast, then West. The Clark County CJC is a nationally accredited agency that started nationally in CJC was created in response to public concerns that arose after numerous cases where child sexual abuse was alleged, with the McMartin preschool case and the Wenatchee child abuse cases cited as evidence of the need for CJC. [NOTE: Both cases have since been discredited: The McMartin case was the longest running with trials covering over seven years. Bucky and his mother, Peggy McMartin were ultimately released with no charges. In 2005, one of the children retracted his testimony, saying that he lied to protect his siblings and to please his parents. The Wenatchee case has been called the most extensive child sex abuse investigation with forty-three adults arrested on 29,726 charges of child sex abuse involving 60 children. The city of Wenatchee and Douglas County ultimately had to pay $3 million following a jury award to the falsely accused couple.] These cases brought to light the need for better investigative techniques and the problems with secondary trauma (to actual victims) brought about by the techniques used at that time to gather information about child sexual abuse. In 1993, Congress enacted the National Children s Alliance, which is located in Washington, DC. This agency created accreditation standards that are multidisciplinary, comprehensive, and coordinated with other agencies involved in the investigation of child sexual abuse. In 2000, the Clark County CJC received NCA accreditation, ten years after it was formed. It is one of 750 centers nationwide. When NCA makes a determination regarding accreditation of a local CJC, it looks for an investigative team at the local level consisting of professionals from the following areas: Crime victim advocacy Medical expertise Child Protective Services Law enforcement Prosecution Mental health expertise All these professionals on the team must receive additional training to be part of a cross-agency team. In addition, the CJC also includes a civilian forensic interviewer, who has an masters degree in forensic psychology, and who is neutral not connected to any particular case. Tools employed by CJC include rooms equipped with hidden video recording capabilities in order to create a record so that a child does not need to be repeatedly interviewed. All interviews are video recorded. CJC also has a certified facility service dog, which has been raised and trained by Canine Companions. CJC has found that children are more relaxed when they can have the service dog with them when they talk about their situation. The center provides a child-centered environment so that children feel psychologically safe. For example, besides the colorful paintings on the walls, law enforcement personnel are not permitted to wear their uniforms in the center. The team performs multidisciplinary case reviews monthly. There are also peer review forums that are held by the forensic interviewers and law enforcement, which meet quarterly and share information. Medical professionals also coordinate new information about physical variations in the information they have gathered. Ms. Blanchette noted that, Garden variety physicians are not trained to recognize shaken baby syndrome, child sexual abuse, and so on. The center also provides responder training scholarships to train new responders and it provides non-offending family outreach to provide support to non-offending family members who can become resources to the family. The protocol for CJC, per the NCA, when a situation is reported, requires a coordinated response: The detective investigates the crimes and gathers facts and evidence CPS social workers investigate and address child safety needs Crime victims advocates calm, comfort, assist, and inform these team members are neutrals and have no vested interest in the outcome Medical experts provide medical care, evaluation, and treatment Mental health professionals provide healing services and counseling Prosecuting attorneys determine if a crime has been committed and if there is probable cause, files a case The civilian forensic interviewer provides safe, sensitive and neutral child interviewing Family Outreach Services offers information and referrals to services in the community Ms. Blanchette informed that an average of 4 children die every day in the United States due to child abuse and neglect. She said that 1 in 4 girls and 1 in 6 boys are sexually abused. She said it is the most underreported crime in the the U.S. What is most common, she stated, is delayed disclosure, sometimes years 8 CLARK COUNTY BAR ASSOCIATION

9 later, after a child has attained adulthood. She noted that 90% of all abuse occurs within the family circle. In Clark County, CJC has received more reports of possible felony level child abuse in the last four years than ever before in the history of this CJC. There has been an increase in younger children under the age of 5. These are mostly pre-verbal children who cannot let someone know something bad has happened. This increase in abuse of the very young follows the national level, which has seen the same increase. Here in Clark County, the protocol is for two CPS front line social workers and law enforcement go to the location of the alleged abuse to determine whether the children are safe. If the parents are not cooperative or it is apparent the children are not safe, CPS steps in to remove the children. The biggest problem they have at Clark County CJC is coordination with CPS. Too often, within 48 hours of a new case, the social worker has been changed without notice to CJC. The high staff turnover at CPS makes CJC s task all the harder due to duplication of efforts, lack of coordination - a national priority - and poor communication. The CJC standard is beyond a reasonable doubt, which requires investigation and evidence to meet. Without clear coordination with CPS, CJC is hampered in its goal to protect children. *** Officers for the upcoming term will be elected at the June 12 meeting and the topic will be Professionalism, Ethics, and Judges in Transition. HENDERSON LAW FIRM, PLLC 9th Annual WSBA Solo & Small Firm Conference: The Small Firm Advantage Thursday Saturday, July 24-26, 2014 Hilton Vancouver Washington Connie Taylor Henderson, Paul Henderson, and Jordan Taylor Medical Malpractice and Personal Injury Attorneys We appreciate your referrals Presented in partnership with the WSBA Solo and Small Practice Section Approved for up to CLE credits for Washington attorneys (12.25 general and 3 ethics) Register at and search for 14555VAN Advertise with us!!! Reach 500 Attorneys and Legal Professionals throughout Clark County! Call Lisa Darco for pricing and space availability: HEARSAY - JUNE

10 Young Lawyers Section ELIZABETH ARWOOD YLS President The YLS CLE series returns! On May 29th, we have two very special presenters. The Honorables Rich Melnick and Bernard Veljacic will present a "View from the Bench." This has been approved for 1 ethics CLE credit. The CLE will be held from 4:30 p.m. to 5:30 p.m., a social will follow from 5:30-6:30. The event will be held at Thai Orchid Restaurant located at 213 W. 11th Street, Vancouver, WA The cost of the CLE is $15 for YLS members, $25 for CCBA non-yls members, and $30 for non-ccba members. Appetizers will be provided by YLS. Please RSVP to YLS Treasurer Travis O'Neil, in advance, as space is limited for the CLE. All are welcome to attend the social at 5:30. Save the Date: On June 26th at 4:30 p.m. attorney Matt Blum will present on the topic of estate planning for solo and small firms and how to protect your firm and your clients. We will be requesting one CLE credit for this event. Additional details as to location will follow. CCBA CLE Calendar Register now for any of our upcoming CLEs. CLE Military Law Todd George June 23, :00pm 1:00pm Clark County Public Service Center 6th floor Training Room N&B Low Cost Technology & Research Options for your Law Firm Art Kohn, Rick Mc Leod & Scott Weber September 10, :00pm 5:00pm Red Lion at the Quay N&B Elder Law Victoria Kesala & Jill Sasser October 8, :00pm 5:00pm Red Lion at the Quay N&B Construction Law: Liens and Bond Claims Paige Spratt & Sean Elpel November 12, :00pm 5:00pm Red Lion at the Quay N&B Judgment Collection Jeff Ott December 10, :00pm 5:00pm Red Lion at the Quay N&B CLEs: General CLEs: $50 for Members $70 for Non Members $35/Hour for Members $45/Hour for Non-Members 10 CLARK COUNTY BAR ASSOCIATION

11 SUPERIOR COURT BENCH/BAR COMMITTEE MEETING MINUTES MAY 13, 2014 JOHN FAIRGRIEVE Hearsay Special Correspondent The meeting began shortly after noon. Persons present were Judge Robert Lewis, Judge John Nichols, Ann Christian, Karen Campbell, Tom Phelan, Todd George and John Fairgrieve. OLD BUSINESS: 1. Competency Evaluations (WSH): Ann Christian, Therese Lavallee, Tony Golik and John Fairgrieve plan on meeting next week to discuss the next steps to be taken to create an outside panel to conduct competency evaluations in the jail and to make a recommendation concerning such a program to the superior court bench. Ann asked the judges what the superior court bench s position would be on creating such a program. Judges Nichols and Lewis told the committee that they believed the superior court bench would support such a proposal, but they would not want to referee disputes over which evaluators should be appointed. Ann then noted that Pierce County has saved approximately 1500 jail bed days since instituting their program in August Publishing Jury Selection Procedures: It was announced that procedures for two of the superior court departments would be published this month and those for two additional departments would be published next month in the Hearsay, the Clark County Bar Association s journal. 3. Mock Trial: Judge Lewis reported that the Seattle Preparatory School won the 2014 National High School Mock Trial Competition held in Madison, Wisconsin. 4. Legal Financial Obligations: Judge Nichols reported that work is continuing on making changes to local procedures for imposing legal financial obligations on criminal defendants in response to a February 2014 report by the American Civil Liberty Union criticizing certain procedures used by the justice system in Clark County. 5. Readiness Hearings: Judge Lewis reported that the readiness hearing docket is being divided almost every week and that there are currently 75 matters on the docket for this week. He told the committee that if there are 45 or more items on a docket the docket will be divided into in custody and out of custody dockets. 6. Drug Court Coordinator Leaves: Brad Finegood, the Clark County Superior Court Therapeutic Specialty Courts Coordinator for the past few years, resigned his position on May 9 to accept a new job in the greater Seattle area. The county is in the process of hiring a replacement for him. NEW BUSINESS 1. Criminal Justice Matters: a. Work release screenings: Tom Phelan addressed a number of issues to the committee. First Tom asked why some of the judges are ordering that criminal defendants who receive work release as part of their sentence go into custody to be screened for work crew. Judge Nichols stated that this was not an adopted judicial policy. b. Residue cases: Tom then asked what the Prosecuting Attorney s Office policy is on unlawful possession of controlled substance cases involving residue amounts of controlled substances. He stated that some deputy prosecuting attorneys are waiting for a report from the State Patrol Crime Lab reflecting the weight of the controlled substance before reducing the case. John Fairgrieve told the committee that the policy of the PA s Office is generally to reduce residue cases to misdemeanors, but that there are a number of factors involved in making such a decision such as whether the defendant was armed at the time of his arrest, whether he was committing other crimes at the time of his arrest, his criminal history, and others. c. SOSSA review hearings: Ann Christian then mentioned to the committee that there is a statutory requirement for the sentencing court using the Special Sex Offender Sentencing Alternative to review the defendant s progress in treatment on an annual basis. She told the committee that some judges are setting such review hearings at the time of sentencing and ordering appointed counsel to be present at the review one year later. Tom Phelan then suggested that such hearings could be set once a quarter and all be put on one docket with defense counsel present. Ann mentioned that such matters could be treated like a probation violation and that counsel could be appointed only if a motion to revoke is filed. HEARSAY - JUNE

12 d. Child abuse cases: Ann told the committee that a bulge of child sexual and physical assault cases filed late last year and early this year continue to work their way through the system. e. Bail in criminal cases: Tom Phelan then asked if there had been any recent discussions about bail. Judge Nichols responded not recently. Tom told the committee that he has noticed a huge increase in the bail amounts being set, and that the PA s office asks for bail in almost every case. Tom stated that by court rule the presumption is supposed to be release, but that few individuals are released on their own recognizance. Judge Nichols acknowledged that the PA s office frequently requests that bail be set but that the judges make the ultimate decision about whether bail will be set and, if so, how much. He went on to state that there are a lot of newer judges, and that after they make a finding of probable cause they often decide that some bail should be set. He also stated that this topic would be a good one for the next judges meeting. Tom went on to state that the criteria that the judges should be applying in setting bail is the probability that a defendant will reoffend if released and the probability that the defendant will show up for his or her next court date. f. Request for an additional out of custody COP docket: Tom asked if a second out of custody COP docket could be started. He told the committee that with only one docket that there was not enough availability and that cases were getting set over due to a lack of space on the docket. Alternatively, he suggested that the Friday morning in custody COP docket be changed to accept both in custody and out of custody defendants. 2. Pro Se Litigants in Family Law Cases: Karen Campbell raised the issue of the unmet need for civil legal services in the county, and referenced a recent article in the Columbian that highlighted the matter. Tom Phelan asked if information and instruction for pro se litigants could be put on the county website. Karen then told the committee that she understands that there are posters in some of the courts in Oregon that describe the general rules of the courtroom to pro se litigants. Additionally, she said that there are lots of pamphlets that describe the process and procedure that apply to cases in family court. Judge Nichols told the committee that the family law facilitator helps pro se litigants but that there are no pamphlets available to be handed out. Judge Lewis mentioned that if someone was interested in putting together posters or pamphlets that the judges would consider them. Ann Christian told the committee that she would contact Multnomah County and get information on their program. Karen told the committee that she would also look at other county court websites and see if they contain links to legal service providers. 3. Military Law CLE: Todd George announced that he would be giving a CLE on June 23 and asked that other attorneys let him know if they wanted him to address any particular topics. The next bench/bar meeting will be held on June 18, 2014 at 12:00 p.m. Respectfully submitted, John Fairgrieve Inns of Court RICK McLEOD Inns of Court President Thanks to everyone for making this a memorable year. And thanks again to the departing board members for doing a great job. May finished with a bit of a bang as we checked out the function room at South Pacific along with a sampling of its Hawaiianstyle menu. Roughly 2/3 of our membership attended, and I saw a few new faces that may join us in the fall. As we look to 2015, our Inn has two big budget items: the meeting space/food and dues to the National Inns. The latter is out of our hands, and it accounts for approximately fifty percent of our overall expense. Currently, they charge us $75/person based on the last year s roster. In short, the Inn suffers when membership drops. (So, don t quit!) The good news is that South Pacific was a hit. It s got a bar that will serve you if you want to start earlier than the rest. The function room itself is large enough even if all our members attended, and it s small enough that my Bose speakers can fill it. We plan to change the layout to give us a large center aisle and tables of 6-8 on each side. Then, people can shuttle across the aisle freely, while it should be easy to see anything that might be projected to the end of the room. The food was great and more affordable overall. We can afford to pick three or four items off the catering menu, rather than take the chef s choice roulette than we were getting. And, there was plenty of it, even as take-away boxes rolled out at the end. We can change the selection a bit, but I note that they are very thin on hot veggie items (in case you were wondering). Is fresh fruit more popular than fresh veggies? Let us know. That s it for now. It s going to be an exciting year. See you in September. 12 CLARK COUNTY BAR ASSOCIATION

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