C B A. News. Snohomish County Superior Court. Make your opinion count! Return ballots to SCBA office by July 10, 2012.

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1 July/August 2012 Volume 40 Number 7 The official publication of the Snohomish County Bar Association S Snohomish County Superior Court Position #11 C B A News Make your opinion count! Return ballots to SCBA office by July 10, 2012

2 SCBA News Published by the Snohomish County Bar Association P.O. Box 5429 Everett, WA William Steffener Editor Terri Callantine Magazine Production Joyce Wood Executive Director Snohomish County Bar Association Officers Stephanie Petersen President William Steffener Vice President Jennifer Rancourt Treasurer Roberta Maddow Secretary Trustees Charlie Blackman Scott Burkhalter Hortensia Castillo Beth Fraser Karl Hausmann Dubs Herschlip Glenn Kadish Bradley Neunzig Kari Petrasek Website: Terri Callantine 2012 by Snohomish County Bar Association. Printed by the SCBA All editorial material including editorial comment appearing herein represents the views of the respective authors and does not necessarily carry the endorsement of the Association or the Board of Trustees. Likewise, the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement. SCBA News is published monthly by the Snohomish County Bar Association, P.O. Box 5429, Everett, WA Send changes of address to: Snohomish County Bar Association P.O. Box 5429, Everett, WA Inside This Issue «Calendar of Events «Superior Court Assignments «From the Desk of the President «ADR Section News «Snohomish County Young Lawyers «The Lawyer s Road Review - Dragnet «Law Fund and Campaign for Equal Justice «Collab Orate - Analyzing Justitia #4 ~ Nozick «Snohomish County Superior Court - Local Rules Change «Superior Court Bar Poll - Position #2 «Call for Papers «26 th Annual Law Day in SCDC South Division «WACDL 2012 William O Douglas Award Recipient «CLEs «Announcements «Advertisements Advertising and Submissions Announcements: SCBA members only. Contact Joyce Wood at (425) or Classifieds: Please contact Joyce Wood for rates and submission guidelines at (425) or at Submissions: Contact Joyce Wood at (425) or at Deadline: Copy must be received (not postmarked) by the 15th of each month for the subsequent issue. No cancellations will be accepted after the deadline. Please submit to the SCBA office at P.O. Box 5429, Everett, WA 98026, Microsoft Word Format (Mac or PC) by . WordPerfect users, save your files in either MS Word format or Rich Text format (RTF). Contact Us SCBA Office: (425) / SCBA Fax: (425) Web site: Lawyer Referral Service: (425) Snohomish County Bar News - JULY/AUGUST 2012

3 SCBA Calendar of Events July th Young Lawyers Division Meeting 10 th Bar Poll Ballots Due 11 th ADR Section Meeting NO Deadline SCBA Newsletter 16 th Family Law Section Meeting 19 th SCBA Board of Trustees Meeting 20 th CLE Skills Potpourri for Young Lawyers August st ADR Section Meeting 13 th Young Lawyers Division Meeting 15 th Deadline SCBA Newsletter 16 th Family Law Section Meeting 24 th SCBA Golf Tournament NO SCBA Board of Trustees Meeting September th ADR Section Meeting 10 th Young Lawyers Division Meeting 13 th Ex-Parte 15 th Deadline SCBA Newsletter 17 th Family Law Section Meeting 20 th SCBA Board of Trustees Meeting 21 st CLE Estate Planning & Tax Issues October rd ADR Section Meeting 8 th Young Lawyers Division Meeting 15 th Deadline SCBA Newsletter 15 th Family Law Section Meeting 18 th SCBA Board of Trustees Meeting 19 th CLE Evidence Issues November th ADR Section Meeting 12 th Young Lawyers Division Meeting 15 th SCBA Board of Trustees Meeting 15 th Deadline SCBA Newsletter 16 th CLE 19 th Family Law Section Meeting December th ADR Section Meeting 7 th CLE 10 th Young Lawyers Division Meeting 15 th Deadline SCBA Newsletter 17 th Family Law Section Meeting 20 th SCBA Board of Trustees Meeting 21 st CLE Superior Court Assignments Presiding Judge: Juvenile Court: Judge Michael T. Downes Trial Calendar Call and Motions to Continue Trial --- Dept. 2 Judge McKeeman Judge Wilson Commissioner Waggoner Civil Motions: Judge Wynne July 2-13 Judge Okrent July Judge Bowden July Judge Okrent July 30-August 10 Criminal Hearings: Judge Appel July 2 & 3 Judge Okrent July 5 & 6 & July 13 Judge Dingledy July 9-12 Judge Ellis July Judge Bowden July 30-August 10 Criminal Motions: Judge Fair July 2-6 Judge Lucas July 9-13 Judge Farris July Judge Weiss July 30-August 10 Criminal Dept. Judges: Civil Dept. Judges: 2 Ex Parte/Commissioner Civil Motions: 1 Family Law Calendars: 1 Judges Farris, Krese, Bowden, Fair, Kurtz, Weiss, Appel and Dingledy Judges Wynne, Lucas, Okrent, and Ellis Commissioner Bedle Commissioners Stewart, Brudvik and Gaer Please note: All assignments are subject to change without notice and assignments may not change on the first day of the month. JULY/AUGUST Snohomish County Bar News 3

4 From the Desk of the President Stephanie Petersen In the 1970s, my uncle Ron had the coolest job ever. I m talking Smokey and the Bandit, Eastbound and Down kind of cool. BJ and the Bear cool. Uncle Ron was a trucker when truckers were pop culture icons. When he wasn t hauling beer across county lines pursued by Buford T. Justice (ok, no that was just a movie), he was driving his 18 wheeler all over Eastern Washington hauling fruit and produce to the Port of Seattle. On one of his trips up the Okanogan, Uncle Ron came across Carr s Spectacle Lake Resort. A few miles outside of Tonasket, this one story motel and campground was owned by former Snohomish County lawyer Frank B. Carr and his wife, Lou. Of course, as a kid, that wasn t on my radar. The Carrs were just the the extra set of summer grandparents who owned the resort, smoked our rainbow trout, and sold candy cigarettes for twentyfive cents a pack. We made the trip to Spectacle Lake every year. All the dads had mutton chop sideburns, Lucky Lager in the cooler, and Camels in the shirt pocket. The moms sported perms and Jackie O sunglasses. We loaded the 1970 International Travel-All with a bed in the back for the kids, and ran a Friday night convoy over the pass. Upon arrival, we ran all over the place, screen doors slamming as we went from room to room, bare feet slapping on the hot sidewalk, the smell of chlorine wafting down from the pool out back. Every morning we d get up with the sun and go out to fish with our dads, our magic bait combination always a closely guarded secret. Should someone ask, What re you using? The standard answer had to be, Grasshoppers and marshmallows, to throw off the derby competition! I learned a lot about fishing at Spectacle Lake. I learned how to bait a hook and cast a line. I learned how to be patient and not be a Bait Check Chickie. I saw Dad remove a hook gently, leaving a small fry to swim another day... and I learned that once you put the fish on the chain, it s a good idea to just look off the other side of the boat for awhile till the clunking stops. When my daughter was old enough to fish, I wondered, could I go back? Would it be the same? So we loaded up once again and headed to the Okanagan. The Carrs were gone, but the rooms had the same wood paneling, the same bunk beds and gas ovens that have to be lit very carefully with a long match (or you will lose both eyebrows). I watched my dad mentor his grandgirls in the fine art of stocked lake trout fishing. My niece, by nature a free spirit, did not want to be mentored. She didn t want to bait her hook or fix her rigging in the traditional way. The sinker was boring, so she fixed a bright yellow bobber about 4 feet from the hook. She didn t like casting or waiting, so she just plunked her line over the side of the boat. Did she catch anything? Yes a nasty yellow perch. Because this is a column in the bar news, and you probably have had enough of my personal reminiscing, you won t be surprised when I bring this story back around to a topic that is front and center before your SCBA; Mentoring. The relationship between a good mentor and a willing mentee is a valuable thing, in fishing and in the practice of law. In May, the WSBA released the results of its 2012 Membership Study. According to WSBA Director Paula Littlewood, the significant findings from the study include: Professional Transitions: Dramatic professional transitions will occur in the next five years, nearly ¼ of the membership (over 7,200 members) is actively considering retirement, 7 percent are planning to leave apart from retirement, and 25 percent are planning to significantly reduce their practice. This trend will create vast opportunities for younger attorneys. Altogether, 56% of the existing membership is projected to either retire, depart the profession or significantly reduce their practices during the next 5 years. These figures do not account for inflows of new graduates, attorneys entering or leaving the state, and other factors. Currently, 19% of all members are in solo practice and of the 48% who are practicing in law firms, 40% also identify themselves as solo practitioners. Four specific factors supporting career stability were identified: mentoring, spousal support, income, and work/life balance. More information and a link to the full study can be found at: About-WSBA/Diversity/Membership-Study. With the WSBA s decision this spring to stop funding the Washington Young Lawyers Division, Your SCBA Board has stepped into the breach. We now have a Mentorship Committee, co-chaired by 4 Snohomish County Bar News - JULY/AUGUST 2012

5 SCBA Treasurer Jennifer Rancourt and Trustee Kari Petrasek. Working with our local WYLD representative, Michael O Meara, the goal is to join experienced SCBA attorneys with colleagues relatively new to the practice. As the WSBA Membership Survey shows, a tremendous number of experienced attorneys will be retiring or leaving the practice over the next 5 years. There are also an unprecedented number of new attorneys going it alone in this tough job market. If you are interested in becoming a mentor, please contact Ms. Rancourt or Ms. Petrasek and volunteer to get involved. The program will start next fall and we anticipate that it will be a great benefit to our members. That s a 10-4 good buddy. ADR Section News The Alternative Dispute Resolution (ADR) section annual meeting will be on Wednesday, July 11th 2012, noon - 1:30, on the 6th Floor of the Robert L. Drewel Administration Building, Rm. 6A02. The website is ready for more members to join: We have a link from the SCBA website and expect to establish one directly from the Snohomish County Court website. A brochure on the ADR section and ADR options is available at the courthouse. Snohomish County Young Lawyers Attention Snohomish County Young Lawyers: We will be having our next monthly meeting at El Paraiso (2801 Colby Avenue) Everett on Monday, July 9, 2012 at 5:00 p.m. All members are invited to attend. Any active member in the Snohomish County Bar Association is a young lawyer until the person is 36 years of age or until the fifth year in which any member has been admitted to practice, whichever is later. If you are interested in becoming involved with the SCYLD, please attend our next meeting (second Monday of every month at 5:00 p.m.) or Perry McConnell at We look forward to seeing everyone on July 9, 2012 at 5:00 p.m. SAVE THE DATE! The Washington Young Lawyers Division and The Snohomish County Young Lawyers Division Invite all new and young lawyers to attend: A NETWORKING & SOCIAL EVENT AT A SEATTLE MARINERS GAME WITH THE WYLD Friday, July 13, 2011 AT 7:10 P.M. vs. the Texas Rangers Tickets: $ includes entrance and reserved seating with your young and new lawyer colleagues. ONLY 40 TICKETS AVAILABLE! Starting at 5:30 p.m., enjoy food, drinks and pregame socializing at Pyramid located across the street from the ballpark. TO BUY TICKETS, or for more information, please contact: Kari Petrasek at or Chris Wong at Volunteer Attorneys Needed for Serving Our Seniors Will Clinic Interested in learning more about estate planning while performing a much-needed public service? Please join us for Serving Our Seniors,* a public service project brought to you by the WYLD Public Service/Pro Bono Committee, Snohomish County Legal Services, and the Snohomish County YLD. New and young attorneys with an interest in estate planning work will be matched with experienced estate planning attorneys to interview clients and draft wills, advanced directives, and power of attorney documents for those aged 60 or older residing in HUD housing or living at 200% of the federal poverty level in the Snohomish County area. When: Saturday, July 7, :00 4:00 p.m.: Orientation and Clinics (each attorney will see approximately 3 clients) 4:00 6:00 p.m.: Networking Social - join other volunteer attorneys, local attorneys from the Snohomish County Bar, and YLD Members Where: Snohomish County Legal Services, Everett, WA For more information or to volunteer, please contact Rachel Edmiston or Kari Petrasek *Serving Our Seniors is funded by a subgrant from the American Bar Association and the Washington Young Lawyers Division. It is not connected to the Washington First Responder Will Clinic. JULY/AUGUST Snohomish County Bar News 5

6 MEDIATIONS (425) Broadway Avenue Everett, WA Mirka Nakovski Experienced Family Law Attorney Title 26 and 13 Guardian ad Litem Trained Mediator AVAILABLE TO MEDIATE parenting plan disputes asset and debt division workplace problems $175 per hour Fluent in Polish and Russian, basic knowledge of Spanish Law Office of Robert Perez th Avenue NE Suite 200 Bellevue, WA Sex crime defense since Focusing on child and adult sexual abuse cases. Refer with confidence. Representing everyday people facing extraordinary circumstances We re here to SOLVE PROBLEMS! We give you an alternative method to resolve your dispute. We have the tools. We have the ability. And, most of all, we have the experience. Joshua Green Building 1425 Fourth Avenue, Suite 300 Seattle, WA Alternative Dispute Resolution Solutions Mediation, arbitration, hearing officer, special master and litigation consultation services. A well-appointed arbitration room, with breakout rooms for each party; secondary arbitration room with adjacent breakout rooms nearby; and several additional mediation conference rooms as well as an upgraded audio/visual technology system. All panelists are former Washington State Superior Court Judges or Court of Appeals Commissioners. Talented staff coordinates scheduling and other support. CHARLES S. BURDELL JR. Former King County Superior Court Judge GEORGE FINKLE Former King County Superior Court Judge LARRY A. JORDAN Former King County Superior Court Judge PARIS K. KALLAS Former King County Superior Court Judge STEVE SCOTT Former King County Superior Court Judge JAMES VERELLEN Former Washington State Court of Appeals Commissioner 6 Snohomish County Bar News - JULY/AUGUST 2012

7 The Lawyer s Road Review by Pete Patterson Dragnet Ladies and Gentlemen, the story you are about to hear is true, only the names have been changed to protect the innocent. This is the city, Everett Washington. In this town there are a lot of stories, this is just one of them. It was Tuesday, the 5 th. Because it is June in Everett it was cold and raining. I was working the family law motions calendar with my partners, Spalter and Micheli. My name is Patterson, I carry a briefcase. The motions calendar began promptly at 9:00 AM. The decay of society is such that these run in two courtrooms all morning in the Commissioners Department, designated B and C. Commissioner Harry Morgan sat in department B; in Department C sat Joe Friday. This is where I sat, as well, along with the usual compliment of lawyers and litigants and their extended families. Also, because lawyers are expensive, many people appear there pro se, that is representing themselves. ( Cue Dragnet Music) Because the litigants believe in Liberty and Justice for All they come as they are to court, not expecting this is anything formal or a place where they need to show respect for the people they encounter. The first pro se litigants are no exception. The petitioner is in jeans and a blouse that requires little imagination. Both garments require attention at a laundry. The respondent is wearing what is known as a wife beater, a shirt with the sleeves torn off and is in the now mandatory pair of jeans as well. Both are heavily tattooed. The colloquy between the bench and the litigants sounded like so many we have heard over the years. I want him to stop the lady petitioner said. Stop what? Commissioner Friday asked, I couldn t tell from your pleadings just what it was you wanted the Court to do. He is harassing me, she says. How so? Friday asked. He keeps calling me and sending me text messages. Turning to the respondent, Friday asks Sir, do you do that? No I do not he says. Petitioner rolls her eyes and acts exasperated. Yes he does! she bursts out. I m not so pretty, why is he fixated on me? He should just go away! Quiet! Friday says, Just the facts ma am. Ok, I am sorry. He called me 14 times on Friday night to check up on where I was and what I was doing. Then he called me 10 times Sunday. Turning again to the respondent, Friday asks Sir, do you do that? No I did not. I see you have children in common, says the Commissioner, do you have a Parenting Plan or any kind of Divorce Decree? The lawyer wanted too much money says the Petitioner, and Respondent nods and says Did you know they make $300 per hour?. So is the answer no, you dont have a parenting plan? Both nod their heads. How often do you see the children? the Commissioner asks the Respondent. When I am off work he says. What do you do? the Commissioner asks. I crush rocks, he says. Do you ever get a day off? the Commissioner asks. When the crusher breaks down he says. So irregularly the Commissioner concludes. Look People, the Commissioner begins, I don t know how the public education system managed to produce such stellar graduates as you who yet have the ability to communicate but dont understand what is being said, but it is clear to me what the message is: You are still stuck on each other and can t get over it. Well folks let me tell you we don t have time for this, your kids don t have time for this, and before long you are going to be 50 something and realize you dont have time for this. So go out in the hall, make a decision to walk away or marry, but get on with it. Motion denied. Case closed. Next case! The parties decided to cross the courtyard and obtain a marriage license. They wed three days later in Everett District Court. After five years of questionable co-habitation they separated, but filed for Dissolution in Lincoln County, where they wouldn t have to appear personally to enter the Decree. ( Cue Dragnet Music ) JULY/AUGUST Snohomish County Bar News 7

8 Judge Ronald L. Castleberry (Ret.) is pleased to announce his availability for Arbitrations and Mediations Please contact Connie Senyitko at Adams & Duncan to schedule hearings with Judge Castleberry Adams & Duncan, Inc., P.S COLBY AVENUE EVERETT, WASHINGTON TELEPHONE: (425) FACSIMILE: (425) Snohomish County Bar News - JULY/AUGUST 2012

9 LAW Fund and Campaign for Equal Justice Update By Ann Brice, Snohomish County LAW Fund Board Member I had the privilege of attending the 2012 Access to Justice Conference in Yakima this past weekend. This year s theme was Our New Economic Reality: the Legal Profession s Role. Speakers encouraged us to use new technologies to create opportunities to serve the growing needs of low income people. We were also encouraged to think creatively about how people can obtain better access to the courts. A prime example was the Northwest Justice Project s program to create Plain Language family law forms. These forms use simple language and special formatting to walk pro se parties through filing for parenting plans and protection orders. The goal is to translate the over 100 family law pattern forms by the end of the year and submit them for comment to the legal community and the Pattern Form Committee. Think about it how many more people will have better access to family law proceedings if the forms are easier to understand? I also had the privilege of hearing from an indigent client who was helped by one of the state s Civil Legal Aid Clinics. This woman had been paying on what she thought was a valid real estate contract, only to be told on the day of the last payment that she had been renting. She was also told that her family would need to move out after years of improving the house and property. With the help of a wonderful young attorney (who had only been practicing for three months), she was able to legally purchase the home and obtain the Deed of Trust, for no extra money! This is just one of the many success stories that happen because the legal community donated more than 56,000 hours of pro bono time, as well as generously contributed to the Campaign for Equal Justice. And speaking of the Campaign, we have the final results for For Snohomish County, we had an increase in both the number of attorneys and judges participating. We went from 33.57% of the legal community contributing in 2010 to 37.09% in Judicial contributions went from 65% in 2010 to 81% in Our total dollars raised went from $50,479 in 2010 to $52,179 in 2011! We came in 4 th for the Rainier Cup (the inter-county competition for the highest percentage of participation), after Whatcom (48%), Chelan- Douglas (47%) and Skagit (46%). Overall, the entire legal community throughout Washington State raised over $2.4 million dollars for the civil legal aid clinics (up from $2.3 million in 2010). We should all feel proud of this result, particularly in these tight times. So THANK YOU! Remember: It s not Justice if it s not equal! SNOHOMISH COUNTY SUPERIOR COURT NOTICE LOCAL COURT RULE CHANGES EFFECTIVE SEPTEMBER 1, 2012 The following rules were amended to be consistent with State Rules: SCLMAR 1.3, 5.3; SCLCR 6; SCLCR7; SCLCR 10; SCLCR 26; SCLCR 37. The following rules were repealed as unnecessary and/or inconsistent with State Rules: SCLCR 39; SCLCR 40 (a), (d), (e); SCLCR 43 (a); SCLCR 65 (b) (1); SCLCR 79 (d) (5); SCLCR 84 (a) (1). (Note: SCLCR 84 language moved to SCLCR 10) In addition, SCLCR (b) (3) clarified jury instruction requirements; SCLSPR (c) (1) deleted actual notice of rule requirement; SCLSPR (c) (1) allows court to set status conference and dismiss unconfirmed cases under certain circumstances; SCLJuCR 3.12 adopted Unified Family Court Rules; SCLCR 11 added addresses; SCLCR 54 clarifies that interlineations in orders and judgments are to be initialed by judge/commissioner. Local Court Rules are available on Snohomish County Superior Court website co.snohomish.wa.us/departments/superior_court JULY/AUGUST Snohomish County Bar News 9

10 TAX & BANKRUPTCY IRS: Controversies, Collections, Appeals, Audit Defense, Criminal Tax Defense Washington State: Department of Revenue, L&I Bankruptcy: Chapters 7, 11, and 13 Larry Blue J.D., LL.M (Tax) 420 Bell Street Edmonds, WA (425) Thank you for your referrals! A Debt Relief Agency Navigate the journey through divorce with a collaborative law attorney and other team members. We welcome your referrals and are available for association. Information on collaborative attorneys and other professionals such as financial specialists, coaches, and child specialists may be found through our website. Brown bag lunch every third Wednesday, contact a team member for location and topic. Family Law Mediation ESTATES and GUARDIANSHIP Mark T. Patterson II Attorney at Law Second-generation family law lawyer 25 years of experience Continuing the standards and traditions of our legal community 3116 Rockefeller Avenue P.O. Box Everett, WA (425) Fax (425) Snohomish County Bar News - JULY/AUGUST 2012

11 CollabOrate Analyzing Justitia: A One Year Monthly Serial By Brad Lancaster, Justice #4 ~ Nozick Lady Justice, Justitia, goes to her third psychiatric appointment. When Justitia enters, a tall, handsome, plainly elegant man, with a shock of graying hair and an infectious smile, rises to greet her. The black box of conscience remains on the coffee table next to the psychiatrist s chair. Justitia leans onto the divan. JUSTITIA: I got an this week. You are Robert Nozick, another Harvard political professor. You wrote Anarchy, State, and Utopia. NOZICK: That s right. I heard you spoke with my colleague, John Rawls. He and I often come as a boxed set. You also spent a session with Capuchin, that funny little tuxedoed monkey. Tell me what you learned. JUSTITIA: Both were kind to me and listened well. Capuchin taught me that justice wells up from deep parts of the mammalian brain. Dr. Rawls believes my sanity may improve if I stack society s economic deck so those dealt losing hands get better cards in future games. I told them both about my identity struggles. I am sure you have read their notes. NOZICK: I read what Capuchin and Rawls heard you say in previous sessions. Can you add anything? JUSTITIA: I had another frustrating moment this week. I sat statuesque with my sword, scales, and blindfold at the back of the Bar Association s CLE center downtown. The Bar convened a member town meeting to address a legal technician rule that the Supreme Court will consider in June. The proposed rule would allow paralegals, in some areas of law (to be determined), to complete pre-approved forms for their clients without attorney supervision, upon passing an examination, gaining years of experience, providing mandatory pro bono service, and insuring themselves. The proposal arose from a Bar study of civil legal need in Washington State that indicated 87% of civil legal needs go unmet because the citizens in need either will not or cannot hire an attorney. The Bar Association has thrice opposed the legal technician rule. The vast majority of speakers agreed with the Bar s Board of Governors, each citing some ding their own practice area might suffer if legal technicians were permitted. I was disheartened by the spectacular failure of imagination of some of the lawyers present, and the abject collapse of moral concern about the ugly role our legal monopoly plays in the welfare of our neighbors. That unserved 87% represents a gigantic market of potential clients (at admittedly lower rates of payment). These unserved many constitute most of Washington. I pray the Supreme Court will spank the Bar Association for its retrenchment by passing the legal technician rule, and require of Bar members qualifications at least as stringent as those proposed for legal technicians. NOZICK: Wow! Frosty! Do you follow all the politics of the Bar Association in such detail? JUSTITIA: No. But when most people cannot get meaningful access to the court system for everyday conflicts, I think my good name is compromised. What are your thoughts, Dr. Nozick? NOZICK: First, I think you are feeling a bit better. You have not been so eloquent with my predecessors. Just then, the black box of conscience flies open on the coffee table. Up pops John Rawls, now half a foot tall. Don t listen to Nozick, Justitia. He ll whack you with his libertarian schtick: minimalist states, respect for individual liberty. It s good for the competent many; not so for the limping remainder. Nozick s peddling a dame hooked on Adam Smith and social Darwinism. He got her lipstick and a new hair-do. Yo, Bob. No offense. I ll sit now. Tiny Rawls pulls the lid back over himself. JUSTITIA: So, your libertarian schtick? NOZICK: It is not too complex. If one respects individuals, one imposes minimally. How much interference do you want from your neighbors? Interfere with others no more than that. This is just Kant, or Jesus, or Mencius. You work that out for masses of people, and one conceives the minimal state. The legitimate activities of a just society consist in protecting citizens from crime and foreign invasion. Possibly, a society should provide courts. JUSTITIA: What about everything else? Schools, poverty, pollution, regulation, social security, Medicare? NOZICK: Leave those needs to private institutions and individuals, acting in a market context. JUSTITIA: So, my job would be downsized. Hey! I ll bet you oppose the legal technician rule? NOZICK: It s government intermeddling. In my world, your job would be mostly outsourced, Justitia. Governments would abandon their monopoly and let other individuals and social institutions do things that governments attempt now. The world would be more chaotic, but more creative. JUSTITIA: So, that s my problem. I suffer megalomania. I need to do less, in a principled way. I should work less in courts and governments, and hang around homes, churches, and volunteer associations? Justitia licks her lips and leans toward Nozick. He throws up his hands. NOZICK: The file says you re looking for love. I am not your man. Time s up. I ve got to run. (Brad Lancaster mediates and collaborates family, elder, and probate issues. He works with his spouse/paralegal, Kim, and little dog, Sofie, in Shoreline as Lancaster Law Office. com). JULY/AUGUST Snohomish County Bar News 11

12 ARBITRATIONS, MEDIATIONS AND SETTLEMENTS Resolve your dispute expeditiously, fairly and economically with the assistance of a qualified and experienced dispute resolution facilitator from the law firm of MARSH MUNDORF PRATT SULLIVAN + McKENZIE, P.S.C. William ( Bill ) Sullivan has thirty years of experience in Family Law, Civil, Commercial and Estate matters. For scheduling, contact Helga Watson at (425) or at An informational letter with a resume is available upon request. Wireless access for attorneys and parties is available. MARSH MUNDORF PRATT SULLIVAN + McKENZIE, P.S.C th Avenue S.E., Suite 203 Mill Creek, WA Visit our website: millcreeklaw.com JAMES SHIPMAN: MEDIATION James Shipman has been involved in hundreds of mediations both as a mediator and attorney. He has very high rate of settlement. Mr. Shipman has served as a Pro Tem Commissioner since 2004 and Snohomish County Arbitrator. He is available at our office or yours and also appreciates family law referrals. STEVE UBERTI: REFERRALS AND MEDIATION SERVICES Steve Uberti has over thirty years of experience in general litigation, business, real estate, basic estate planning, contracts, employment, insurance claims and personal injury law. He accepts referrals in all of these areas. Mr. Uberti is available for consultation, mediation and arbitration in the areas involving personal injury, insurance, employment and contract disputes. CONTACT US Snohomish County Bar News - JULY/AUGUST 2012

13 WORKERS COMPENSATION We welcome and appreciate your referrals of workers compensation claims. Farley & Dimmock, LLC Our firm is well-staffed to accept referrals of industrial injury or occupational disease claims. We have extensive experience handling claims with the Department of Labor & Industries and selfinsured employers and, when necessary, litigating matters before the Board of Industrial Insurance Appeals. Timothy J. Farley th Street Andrew S. Dimmock SMALL OFFICE FOR LEASE: Historic Downtown Snohomish Office Space with two other attorneys. Suitable for sole practitioner or CPA or other professional. Conveniently located in downtown Snohomish with safe and free parking for you and/ your clients. Off street parking, kitchen, and small conference room. Enjoy the convenience of having an onsite receptionist to greet your clients. FAMILY LAW MEDIATION James A. Soukup 20+ years Family Law experience $175.00/hour. Half-day and full-day sessions available. Terms are $ per month including utilities except phone. Contact Shane comcast.net or by (360) for further details Oakes Avenue Everett, WA (425) soukuplaw.com JULY/AUGUST Snohomish County Bar News 13

14 MAZZONE AND CANTOR, LLP are pleased to announce that Natalie Findley-Wolf has now joined the firm. Natalie Findley-Wolf Natalie Findley-Wolf, B.A. University of Washington, J.D. University of California - Davis, Ms. Findley-Wolf has experience with juvenile and adult felony cases and misdemeanor cases, and post-disposition motions. She has previously worked for Society of Counsel Representing Accused Persons, Northwest Defenders Association and has volunteered for Northwest Immigrant Rights Project and the Washington Defender Association. The firm continues to practice in: Criminal Law MAZZONE AND CANTOR, LLP Bank of America Building 1604 Hewitt Avenue, Suite 515 Everett, WA Phone: (425) Fax: (425) ATTORNEYS Peter Mazzone Jesse Cantor Jill Malat STAFF Aleshia Cooke Marlene Pacher 14 Snohomish County Bar News - JULY/AUGUST 2012

15 Superior Court Bar Poll - Position #11 WHO CAN VOTE All regular voting members and honorary members (judges and retired members) who are licensed to practice law in Washington and are members in good standing (i.e., pay their dues) with SCBA and Washington State Bar, and who reside in Snohomish County or maintain an office therein. HOW TO VOTE If there are three or more candidates listed on the ballot, the member must vote for three candidates and rank each candidate in order of preference. If there are two candidates, the member must include a vote for each candidate and rank them in order of preference. In addition, regardless of the number of candidates, each member must rate each candidate in one of the following categories: Excellent, Good, Average, Unsatisfactory, or Unknown. Any ballot which fails to follow the outlined procedure will not be counted. ENVELOPE PROCESS The ballot shall be filled out by the member but there shall not be any identification of the voting member on the ballot itself; the ballot shall then be placed in a sealed envelope marked "Ballot" that contains no identification from the voting member; the "Ballot" envelope shall be placed in another envelope on which the voting member must identify himself or herself by his or her printed name and personal signature. The completed ballots shall be returned as specified in the ballot notice. The "Ballot" envelopes shall be removed from the outer envelopes by an impartial person selected by the Bar Association officers. Such person shall not forward or include any ballot for counting which has not been submitted in the prescribed manner. The identifying envelope containing the ballot envelope shall be sent to the Snohomish County Bar Association, PO Box 5429, Everett, WA It can also be dropped off at the SCBA office located on the 2nd floor of the courthouse, Room #C203. All ballots, whether mailed or delivered, must be received by the SCBA before 5:00 p.m. on Tuesday, July 10, Candidates Jack Follis Millie Judge BALLOT Must Rate Everyone o Excellent o Good o Average o Unsatisfactory o Unknown o Excellent o Good o Average o Unsatisfactory o Unknown Rank only 2 candidates o 1st o 2nd o 1st o 2nd JULY/AUGUST Snohomish County Bar News 15

16 Colleagues: For 22 years I have been a litigator at Anderson Hunter Law Firm. My practice is noteworthy because I represent all sides of civil disputes. I have represented people suing employers for discrimination and I have defended against similar claims. I have represented insurance companies and sued insurance companies. I have both sued and defended public entities. Bottom line is I am experienced in most areas of civil law including family law and the proceedings that go on in Superior Court. I have tried dozens of jury trials in Superior Court. I am the only candidate with this type of trial experience. Jack Follis I have been an arbitrator for 15 years and have been appointed by the Superior Court to decide pending cases about 170 times. Further, I am one of the few lawyers chosen as a defense, plaintiff and swing arbitrator in private UIM arbitrations. This attests to my reputation for fairness and my practice of conducting professional and cordial hearings. I am the only candidate with this type of judicial experience. Many attorneys who endorse me are also former litigation adversaries. I believe that friendly, accommodating and trustworthy lawyers are the most effective advocates. This is my approach to litigation. I live in Mill Creek with my wife of 23 years and two teenage sons. I coach a high school mock trial team. I donate legal services to SCLS, Housing Justice, Lift up Africa, and Rush Soccer. For years, I coached Little League baseball and last year was the manager of Mill Creek s all-star team. I served on the boards of SCBA and Big Brothers/Big Sisters of Snohomish County. My wife and I were a big couple for six years. To learn more, please visit my website I would be honored to have your support. 16 Snohomish County Bar News - JULY/AUGUST 2012 Millie Judge, Candidate for Snohomish County Superior Court Position #11 During my 22 years of legal practice, I ve developed a broad-based knowledge of the law and litigation practice. As the Snohomish County Hearing Examiner, my daily work consists of conducting trials, handling procedural and evidentiary matters, and writing detailed decisions. I work with pro se litigants to ensure they have equal access to justice. I have developed a reputation as a judge who is prepared, hard-working, fair and impartial, and have a proven track record demonstrating that I will follow the law, even when it s publicly unpopular or controversial. I served as a County Deputy Prosecuting Attorney for 11 years, rising to the rank of Assistant Chief Civil Deputy. I have tried over 100 cases, many involving mental health involuntary commitments, but also including complex land use and environmental matters. I was the County s lead attorney in the Brightwater sewage treatment Millie Judge plant litigation, achieving a $70 million settlement for community mitigation. In private practice, I ve worked on plaintiff and defense litigation matters. I ve provided pro bono advice in family law matters and helped victims of domestic violence. I clerked for Chief Justice Fred Dore on the Washington State Supreme Court, and served on his Access to Justice Task Force. I am Chair of the WSBA s Environmental and Land Use Law Section. I was elected Commissioner of Snohomish County Fire District No. 1, and serve on the Starlight Children s Foundation s board. I was rated Well-Qualified by the Washington Women Lawyers, Latina/o Bar Association of Washington, the Joint Asian Judicial Evaluations Committee of Washington and Snohomish County Labor Council. I am endorsed by Prosecutor Mark Roe, Sheriff John Lovick, Justice Mary Fairhurst, Judges Ellis, Dingledy, Fair, Wilson, and Kurtz, Mayor Ray Stephanson and many others. I ask for your vote and support!

17 Call for Papers Issues Facing Washington and Surrounding Northwest Legal Communities Gonzaga Law Review Gonzaga University School of Law, Spokane, WA Description In publishing a jurisdictionally focused symposium issue, the Gonzaga Law Review is seeking commentary on topics arising out of, affecting, or impacting the Washington and surrounding Northwest legal communities. While many reviews have addressed contentious areas of law on a national scale, the Review recognizes that the legal profession is often local. The Review hopes to foster a useful and relevant discussion of local issues through a symposium designed to engage local legal communities in improving legal practice in Washington and the Northwest. We welcome papers identifying and examining legal concerns such as: - Those specific to Washington and surrounding Northwest legal communities; - Those which analyze local issues in the context of national or regional trends; or - Those which track the progress of local practices and rules over time. We invite scholars, practicing lawyers, judges, law enforcement officials, and engaged citizens to submit individual papers addressing such topics. The selected papers will be published in Volume 48, Issue 3 of the Gonzaga Law Review scheduled for publication in Spring Paper Submissions Papers should be submitted to: by October 1, 2012 and must contain the following information: - Name, Address, Phone, and of the author; - Title of Paper; - An abstract of up to 300 words explaining your topic. For questions regarding this symposium issue please contact either: Michael Safstrom, Symposium Co-chair: Maggie Grega, Symposium Co-chair: Ryan Smolinsky, Editor-in-Chief: 26 th ANNUAL LAW DAY IN SCDC SOUTH DIVISION On May 31 st, the SCDC South Division court participated in the national May 2012 Law Day celebration by holding its 26 th annual LAW DAY events for over 700 local fifth graders, teachers, parents and members of the public. This year s LAW DAY theme was: No Courts, No Justice, No Freedom. Judges Carol McRae, Timothy Ryan, Jeffrey Goodwin, and Court Administrator Robert Veliz organized their Law Day events in all four courtrooms. Arriving classes cycled through presentations of police K-9 dogs, police beer goggles intoxication demonstrations, a displayed wrecked DUI car, a police traffic motorcycles display, and mock criminal jury trials. The students actively participated in the mock criminal jury trials organized by local defense attorney Paul Hanson. Each 20 minute jury trial involved a scripted, hypothetical shoplifting case with the students playing the roles of judges, bailiffs, defense counsels, prosecutors, defendants, witnesses and jurors. This year s mock trials were assisted by local civil attorneys Teresa Otsubo, Kim Olsen, Jessica Ness and Josh Curtis. Local criminal defense attorneys assisting were: Kelly Canary, Beth Fraser and Brett Nagle. Local prosecutors helping out were: Yelena Stock, Mike Boska, and Teresa Cox. Kudos to the South Division judges and the lawyer volunteers for putting on one of the best ever LAW DAY events. And thanks Judges, for providing free pizza afterwards to all the lawyer volunteers. Annual Golf Tournament August 24 Registration form on page 21 Deadline August 20 JULY/AUGUST Snohomish County Bar News 17

18 THE LAW OFFICES OF STEPHEN H. GOOD, SR., P.C Wetmore, Everett, WA Tel: / Fax: Located ½ block from the Court House Stephen H. Good, Sr., has been practicing law in Everett for over 40 years. Stephen H. Good, Jr., has been practicing law in Everett for over 20 years. GLADLY ACCEPTING YOUR REFERRALS STEPHEN H. GOOD, SR. STEPHEN H. GOOD, JR. Social Security SSI and SSD Claims Family Law Elder Law DUI / Gross Misdemeanors Wills and Trusts Personal Injury Estate Planning Misdemeanor Matters Durable Powers of Attorney Meretricious Relationships Probate Child Support We are pleased to announce that Karen C. Skantze has joined Rafe Schwimmer as partner of our new firm SCHWIMMER SKANTZE, LLP Karen C. Skantze earned her B.A. from Whitman College and graduated with honors in her major, Politics and Rhetoric/Public Address; and, a J.D. from Seattle University School of Law. In addition to her family law practice and dedication to her clients, Karen continues to serve as an instructor/coach, teaching appellate courtroom advocacy to third-year law students at Seattle University School of Law through the Moot Court program. Our practice areas include: all aspects of 1itigation: family law disputes, criminal defense, and personal injury. We are also available for mediation, arbitration, and settlement conferences. The Central Building 1721 Hewitt, Suite 600 Everett, WA (t) everettlawyers.com Legal Team Rafe Schwimmer, Attorney at Law Karen C. Skantze, Attorney at Law Peggy Jankovic, Paralegal Jill Auckland, Office Manager Terri Thornburgh, File Clerk 18 Snohomish County Bar News - JULY/AUGUST 2012

19 Snohomish County Bar Association Presents Estate Planning and Tax Issues from a Lawyer s Perspective and from a CPA Perspective September 21, :00 a.m. to 12:15 p.m. Christopher D. Adams, Attorney at Law, ADAMS & DUNCAN, INC., P.S. Tayah Renfro, Attorney at Law, ADAMS & DUNCAN, INC., P.S. Washington - Real Estate and Business Transfer Taxes 101 Real Estate Excise Tax - Introduction and application Controlling Interest Transfers - Exemptions - Planning Personal Property Tax, Sale and Use Tax, Other DOR taxes - L&I, Successor Liability Amy Allison, Attorney at Law ANDERSON HUNTER Estate planning and tax issues with updates on any recent changes Jennifer Keeney, CPA, Tax Manager, WEALTH SERVICES Noni LaLone, CPA, Tax Partner, WEALTH SERVICES Estate planning and tax issues from a CPA perspective Robert J. Drewel Building, Meeting Room #1, First Floor 3.0 general credits approved, $ members, $ non-members RSVP with the SCBA Office (425) JULY/AUGUST Snohomish County Bar News 19

20 diation Family Law Mediation/Arbitration Wayne P. Pellegrini Law Office of Hansen, McConnell & Pellegrini Third Street Marysville, WA (360) Dispute Resolution/Mediation Training Experienced, Knowledgeable, Dedicated Collaborative Law Title 26 Guardian ad Litem 20 Years Experience ANNA GOYKHMAN Welcomes your call to discuss referral in your case DEFENDING SEX CRIMES SEX OFFENSES * JUVENILE OFFENSES Criminal Defense of All Felonies and Misdemeanors Tel: Web: Address: Bank of America Building, 1604 Hewitt Avenue, Suite 301, Everett, WA Snohomish County Bar News - JULY/AUGUST 2012

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