Leaders for the Global Common Good

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1 Leaders for the Global Common Good 65 spring 2012 volume uwlaw

2 spring 2012 uwlaw Law School News 2 Features Judge Carol Fuller Mentoring Maven Judge Plummer Lott From Court to Court Judge Wm. Fremming Nielsen Trains, Planes & Plaintiffs Judge Marco Hernandez On the Road Again Departments Remember when 28 Faculty & Firm 32 Books & Beyond 34 in the Spotlight 36 a Law Degree in Action 42 Faculty news 46 class notes 55 in memoriam 61 Calendar back cover UW LAW Volume 65 Spring 2012 Dean Kellye Y. Testy Editor Elizabeth Coplan Copyright 2012 University of Washington School of Law. All rights reserved. UWLAW is published twice a year by the University of Washington School of Law and is made possible by a gift from the Washington Law School Foundation. Contributing writers Daron Anderson, Theresa Chemnick, Elizabeth Coplan, Mary Whisner Contributing photographers Elizabeth Coplan, Patrice Gilbert, Matt Hagen, Alicia Hernandez, Tiffany Sevareid, Jack Storms, and Chad Tucker. Design Jo-Ann Sire and John Linse Editorial Board Helen Anderson 84, Stephanie Cox, Kimberly Ellwanger 85, Penny Hazelton, Roland L. Hjorth, Eugene Lee 66, LL.M. 68, Jerry McNaul 68, Signe Naeve 00 Editorial office and subscription changes UW Law, William H. Gates Hall, Room 383 University of Washington School of Law Box , Seattle, WA

3 Message from the Dean Dear alumni and friends, A significant number of our alumni serve or have served as respected judges throughout the U.S. and in Japan, Taiwan and Korea. Many of these judges have broken barriers. For instance, in past issues of UWLAW, we ve profiled Betty Fletcher 56, the first woman from Washington on the U.S. Court of Appeals for the Ninth Circuit, and J. Jerome Farris 58, the first African American on the U.S. Court of Appeals for the Ninth Circuit. We also honored the first woman on the Washington State Supreme Court, Carolyn Dimmick 53, the first man of color, Charles Z. Smith 55, and last year s graduation speaker, Judge Ricardo Martinez 80, the first Latino judge on the federal bench in Washington. In this issue, we share the stories of four more judges who blazed new judicial paths. Carol Fuller 54 was the first woman judge in the state of Washington outside of King County when she became a District Court Judge in Mason County. In 2003, Wm. Fremming Nielsen 63 assumed senior status for the U.S. District Court, Eastern Washington. Plummer Lott 74, Associate Justice of the Appellate Division, Second Department of the New York Supreme Court, was the first (and remains the only) judge in the state of New York to preside over a trial involving three separate juries. Marco Hernandez 86 journeyed from dishwasher in the late 1970s to U.S. District Court Judge (Oregon) in As public servants, these alumni judges exemplify our mission as Leaders for the Global Common Good. Their individual journeys and their accomplishments prior to becoming judges demonstrate the hard work required to join the judiciary and to succeed there. For a list of over 80 UW Law graduates on the bench, visit: lib.law.washington.edu/content/ guides/uwjudges. Also in this issue we announce the launch of our Alumnus of the Month program; we will honor the extraordinary careers and achievements of our graduates through a monthly feature on our website. These are graduates who use their passions, skills and voices to advance justice in all areas of law, business and public policy. Please consider nominating an alumnus. You will find details on how to do so on the inside back cover. Finally, as we go to press, we are saddened by the sudden loss of Professor Emeritus Richard O. Kummert. Most of us know of his impressive contributions to UW Law over many decades. One of the themes that is especially strong in reflections on Professor Kummert s life is how generous he was in his service to the law school. In admissions, with our programs in and students from Japan, with the Washington Law Review, with the UW Law Foundation, as Associate Dean, and in many other ways, large and small, Professor Kummert built the foundations of excellence that will continue to provide a strong platform for our institutional advancement. Looking ahead to the next academic year, we dedicate ourselves to Professor Kummert s legacy of generous and effective service as we continue to make UW Law one of the world s best homes for legal education. Kellye Y. Testy Dean, UW School of Law James W. Mifflin University Professor uw law spring

4 Law School news Robert Aronson s Legacy at UW Law Just as Perry Mason was a master of uncovering evidence, Professor Robert Aronson was a master of teaching evidence. Instead of simply giving lectures, Aronson used examples of law from popular culture like Perry Mason. To encourage creative thinking, he gave students the opportunity to earn extra credit through music, poetry or art projects. He also had his students complete weekly exercises so he could provide them constant feedback, which he found helped students understand the subject. As a teacher myself, I appreciated Professor Aronson s educational approach, said Jeanine B. Lutzenhiser 13. We had multiple opportunities to apply and practice what we were learning, with feedback from him. The way he conducted class minimized law school stress and maximized our learning. He used a real case as our class materials, which was extremely compelling. And he encouraged creative thinking, in everything from our memos to optional extra credit. He is one-of-a-kind, and I m so grateful to have had him as an instructor. Lutzenhiser was one of the five students whose debut music video as The Blackletter Street Boys and Girls premiered during Professor Aronson s final evidence class. The group (2Ls Kerra Melvin, Jeanine Lutzenhiser, Trisna Tanus, Patrick Keefe, and Aaron Orheim) belted out their own lyrics on the rule against hearsay to the tune of I Want It That Way by the Backstreet Boys. Professor Robert Aronson (1975); With Dean Testy (2011) To bring a statement Not by the declarant Who s testifyin at your trial today? You gotta beat the rule against hearsay If you re in doubt Just ask Prof. A He wrote the book on hearsay! Professor Aronson is the high water mark by which all professors will be judged for his teaching, his contributions to the law school and his commitment to developing an entire generation of lawyers, says Samuel Shaddox 13, who was also in Professor Aronson s final class. After 37 years at the University of Washington, Emeritus Professor of Law Robert Aronson retired in December Aronson s teaching and research interests include evidence, sports law, law and literature, professional responsibility and 2

5 criminal law. He is a nationally recognized expert in professional responsibility and his book, The Law of Evidence in Washington, is one of the leading works on the subject. Professor Maureen Howard 86 said that like every other trial lawyer and judge in town she relied on The Law of Evidence in Washington as the go-to bible of evidence. His reputation as a scholar in the areas of evidence and professional ethics, detailed Howard, are equaled only by his reputation as one of the most innovative and effective teachers in the law school s history. One of the few regrets I had looking back on my own legal education was that I never got to take a class from him. So, when I learned that last autumn was likely to be his last evidence class, I asked if I could audit it and try to learn something from the knee of the master. It was inspirational to see how he brought the material to life and engaged the students. His mastery of the material, his respect for the students, and his dedication to the craft of teaching has set the bar most high for those who follow, and instills a desire to be better teachers. enjoyable part of being a professor, he said. I can take little credit, but enormous enjoyment, watching the incredible achievements of my former students. UW Professor of Law Louis Wolcher worked with Aronson since He said he remembers Professor Aronson s kindness when he first joined the faculty. He was incredibly supportive and helpful of junior colleagues, Wolcher said, adding that Aronson often went out of his way to welcome him and be a resource for his concerns. His passionate care for his students, his desire that they learn and that they become ethical persons [and] realize being a lawyer carries with it important responsibilities to others has had an extremely profound impact on me and many others, Wolcher said. Senior HR Assistant Dean Speer met Aronson in 1989 and said Professor Aronson s integrity, sense of humor and perspective garnered him respect as a dedicated teacher. Aronson s favorite part of being a professor at the UW School of Law was interacting with the students and watching former students thrive in their legal professions and achieve their goals. Helping them to understand the positive and negative aspects of the legal profession, and how they might find a career that will fulfill their economic, family and moral goals was the most [He challenged] the usual modus operandi and always thought of what might be best for the students and ultimately for the School of Law, Speer said. In his speech at his installation as the endowed Betts, Patterson & Mines Professor of Law in April 2008, Aronson also challenged those who emphasized winning at all costs. He quoted uw law spring

6 Robert Aronson s Legacy at UW Law continued Abraham Lincoln as saying, You must remember that some things legally right are not morally right. To the extent that we provide support and positive role models of lawyers, judges, coaches and athletes, and to the extent possible serve as positive role models ourselves, we can encourage present and future lawyers and athletes to aspire to more and enduring values and more responsible conduct than winning at all levels, said Aronson at the conclusion of his speech. Former Assistant Dean Sandra Madrid worked with Aronson for five years when he was an Associate Dean. In addition to his administrative roles, teaching and counseling, he also taught a pre-law seminar for undergraduate diversity students. Madrid remembers the class as being way ahead of its time. It provided undergrad students, mostly students of color, an opportunity to learn about the law, said Madrid. He made it fun and interactive and I believe one of the last classes he taught had over 80 students. He did this above and beyond his law school teaching. In addition to teaching, Aronson was involved with many memorable cases while at the UW. He consulted on ethics issues in cases involving Kurt Cobain, Jimi Hendrix and the PGA. He also worked on the highly publicized cases involving former coach Rick Neuheisel and Dr. William Scheyer, who provided painkillers to UW athletes. Aronson is most proud of his declaration in Fisons vs. Physicians Insurance Exchange, where he worked to establish a higher standard of conduct in pretrial discovery, and of his testimony in a congressional hearing investigating the conduct of Vice President Dan Quayle. Aronson, who played soccer and lacrosse in college, was also an active member in the sports community. At the UW, he was a Faculty Athletics Representative and advised the athletic department, staff, coaches and student-athletes on Pac-10 (now Pac-12) and NCAA compliance issues. Aronson said he enjoyed this position because he was able to incorporate law skills while giving guidance. The high point was presenting the case on behalf of the University before the NCAA that won back a number of televised games for the football team in The most enjoyable aspect was advising coaches and staff how to accomplish their goals without violating NCAA regulations, much like a tax or corporate lawyer advises clients, he said. His experience working with the UW athletic department inspired him to become involved in policy-making at the Pac-10 and NCAA level. He served as President of the Pac-10 and on the NCAA Management Council. Aronson said he was interested in how policies and regulations of these organizations served the goals of intercollegiate athletics. For example, he wondered if coaches and student-athletes were treated fairly and if the role of money undermined the inherent value of the program. Dean Kellye Testy has served as the law school dean for the past two and half years. When asked about Aronson, Dean Testy responded, My only regret with Rob is that we were not colleagues sooner. I admire him as a person and as a professor more than I can say. He has been an outstanding teacher, scholar and community member at UW and we hope to continue to have his involvement for many, many years. In short, he s a legend here for a very good reason he epitomizes what we strive for in our mission and values. Although the professor has retired, he is still helping students, meeting with a Mock Trial Team to assist them with evidence issues. Aronson is also finishing his books on professional responsibility and evidence and acting as a consultant on ethical issues in several cases. Retirement will also provide him extra time to read for pleasure and work on his golf game. 4 Law School news

7 Professor Anita Ramasastry Returns to UW Law Campus after International Trade Administration Appointment With her two-year appointment within the Obama Administration s International Trade Administration (part of the U.S. Department of Commerce) over, UW Law Professor Anita Ramasastry is back in Seattle and ready to return to the classroom and tackle new endeavors, including a blog about human rights due diligence for businesses operating in global markets. In Washington D.C., Ramasastry served as a Senior Advisor in the International Trade Administration, working under the leadership of then-secretary of Commerce Gary Locke. During her time there, she developed and advanced strategies to keep markets open for U.S. companies, by reducing or eliminating global trade barriers as part of a team focused on market access. Ramasastry noted that one of the largest barriers facing U.S. companies is corruption in overseas markets. Companies from competitor nations may win contracts or gain advantages by paying bribes to foreign officials. This harms not only businesses but local economies as well. Ramasastry also examined the human rights obligations of companies when they operate in overseas markets. Chair and Director for Academics, Law, Technology & Arts Group and Professor of Law Bob Gomulkiewicz 87 said it is rare to see someone who is well-versed in the law and policy enter public service, but he is confident in Ramasastry s work at the capital. Every U.S. citizen benefitted from having someone of Ramasastry s extraordinary ability working at the Department of Commerce, he said. James D. Filpi, Senior Counsel for the Commercial Law Development Program at the Department of Commerce s Office of the General Counsel, said Ramasastry impressed many in Washington, D.C. professor Anita Ramasastry with her savvy diplomacy and ability to connect with so many of our diverse constituents around the world. When you work with Ramasastry, you realize that not only is she extremely intelligent and well versed in her expertise, but most importantly, she is an earnest teacher someone who is genuinely concerned that her students are learning the material, he said. As part of her work as a senior advisor, Ramasastry took part in the President s National Export Initiative, a program that aims to double U.S. exports in five years. Within the committee, she coordinated strategies for increasing trade in Colombia, Indonesia, Vietnam, Saudi Arabia, South Africa and Turkey. It was great to be part of that program, the professor said. These countries have growing populations and economies we re not only thinking of current trade opportunities, but also future opportunities. uw law spring

8 Professor Anita Ramasastry Returns to UW Law Campus continued Ramasastry was also a senior member of the Commerce Department s Internet Policy Task Force, which developed policy recommendations on Internet privacy and the global free flow of information. The task force provided suggestions of how to balance necessary restrictions on information flows with the need for countries to enable businesses to use the Internet to conduct business and trade across borders. Professor Ramasastry said restricting this free flow of information harms domestic economies, innovation and small businesses. Molly Stech 05, an international trade specialist in the Office of Intellectual Property Rights, said she felt fortunate to work on projects Ramasastry led. From my perspective, Professor Ramasastry brought as much enthusiasm, energy, dedication and intelligence to her work at the Department of Commerce as she brings to teaching, she said. It was a privilege to work with her professionally on complex cutting-edge issues that are important to this country. During her time at the Department of Commerce, Ramasastry took a temporary leave from her position as a tenured law professor at UW Law. She said she is excited to be back teaching and researching commercial and banking law. I am a teacher first and foremost, she said. I love teaching, it s very gratifying. Ramasastry said she believes taking leaves of absence to work for the government and other organizations allow her to stay current with emerging policy trends in international commercial law. Similar to Ramasastry s work in the commerce department, her studies at the UW focus on the impact of corruption on economic development in countries with repressive regimes or armed conflict. Her passion for this topic inspired her new blog that launched this month. The blog provides companies with guidance and best practices with respect to emerging requirements relating to conducting due diligence to prevent human rights violations in their global operations. U.S. companies already face legal obligations to avoid paying bribes to foreign officials, which has also created a growing need for compliance programs and due diligence about their foreign operations. In June 2011, the United Nations passed its Guiding Principles for Business and Human Rights that suggest how governments and corporations can better manage business and human rights. The U.N. hopes to ensure that companies do not violate human rights in the course of their business. Ramasastry s blog, which will be listed at Humanrightsdiligence.org, will provide current analysis of emerging laws and practices regarding the development of corporate due diligence mechanisms designed to protect human rights in global supply chains. However, even though Ramasastry is back as a full-time professor at the University of Washington, the U.S. Department of Commerce will continue to call on her as an expert commercial law advisor to developing countries. In recent years, Ramasastry has also worked with the World Bank on international anti-corruption issues and spent time at the Irish Center for Human Rights as a Fulbright Scholar. Ramasastry was recently invited to serve as a project lead and expert for a human rights due diligence project of the International Corporate Accountability Roundtable. 6 Law School news

9 Latest News From Sr. Fulbright Scholar Professor Beth Rivin Hosted by the University of Gadjah Mada School of Medicine, Beth Rivin has worked in Indonesia for the last six months teaching bioethics, human rights and social justice topics to undergraduate, graduate and professional degree program students. She has also provided seminars for residents in the medical schools and researchers from medical institutions throughout Indonesia. Rivin is building capacity within bioethics units at six different universities in Java, Sumatra and Sulawesi. She is also involved in foundational meetings in the development of a university bioethics and humanities network in Asia, in which the University of Washington School of Law will play an important role. Professor Beth Rivin UW School of Law s Entrepreneurial Law Clinic Promotes Economic Development by Facilitating Entrepreneurship The UW School of Law s Entrepreneurial Law Clinic (ELC) is an innovative clinic serving entrepreneurs throughout the Pacific Northwest. ELC Founder, Professor Sean O Connor launched the clinic to meet an unmet need for both students and entrepreneurs. At the time, no other law school clinic served tech entrepreneurs and university spin-offs. For a high tech region like Seattle, the support of these start-ups is the key to economic development, he said. By partnering 15 to 20 third-year law, second-year MBA and LL.M. students with pro bono attorneys and business advisors, the clinic gives students an opportunity to provide critical early stage legal and business counseling to low-income entrepreneurs and researchers. Jennifer Fan, managing director of the program and UW clinical law professor, said the clinic not only offers students the opportunity to work on transactional law matters under the supervision of seasoned attorneys and business mentors, but also gives law students the chance to work in the area of law that they plan to specialize. These areas include corporate, tax and intellectual property (IP) law. The ELC also enhances students skills in client interviewing and counseling, communication, legal research, drafting documents and applying substantive law. Clients of the clinic include technology entrepreneurs, small-business owners, non-profits and social entrepreneurs; the ELC also assists UW and Institute for Translational Health Sciences (ITHS) uw law spring

10 UW School of Law s Entrepreneurial Law Clinic continued faculty researchers. Through the clinic, students provide counseling on corporate and IP issues, tax concerns and business and marketing plans. In the academic year, ELC students, supervising attorneys and business mentors spent 4,050 hours on ELC-related work. The clinic served 24 ventures and provided 55 legal consults. The ELC also did community outreach projects as well. Angela Schneider 12 is a joint degree student at the UW Evans School of Public Affairs and said her experience at the ELC has established her desire to practice corporate law in the future. I learned how to run client meetings and consultation sessions, and how to break down legal issues into practical recommendations that help a client achieve a business objective, Schneider said. The mentorship provided by Professor Fan and our supervising attorneys has also given me valuable insight into corporate practice. The ELC collaborates with the UW s Center for Commercialization (C4C), which works to support the commercialization of projects for new companies by providing comprehensive mentoring and grants. Schneider said her experiences at C4C have allowed her interest in corporate law to grow as she works with more tech companies. UW LL.M. student Luke H. T. Chuang 12 started working in the ELC this academic year. Before coming to the UW, Chuang practiced law in Taiwan, specializing in IP. He said he would recommend LL.M. students work in the clinic because it is an irreplaceable opportunity to practice IP. This experience is interactive, he said. Because there is the business side, the IP side and the commercial side we have a lot of different perspectives. UW MBA 11 Catherine Bardelson, who currently is a program coordinator at the Bill and Melinda Gates Foundation, worked in the ELC while she was at the UW. Bardelson said she was drawn to the clinic because of her interest in working in either the social entrepreneurship or nonprofit sector. The experience of working with each client was like a mini-consulting job, it gave me experience that I think was very valuable, she said. Bardelson said she enjoyed having the opportunity to collaborate with law students in the clinic. All the law students I worked with were very professional and easy to work with, she acknowledged. The ELC creates an opportunity to network with entrepreneurs and non-profits and Bardelson said she would recommend students take advantage of the clinic. Each week in class we had guests from the community, and they were always open to networking with the students, she said. Many entrepreneurs that the clinic has helped have become successful companies. Two of those success stories are Impel NeuroPharma and Fat Cat Fudge. Impel NeuroPharma John Hoekman, CSO of Impel NeuroPharma, a company that works to enable drugs to bypass the blood brain barrier, was a UW School of Pharmacy student when the ELC provided legal counsel. Hoekman wanted to start his own company and he was directed by his mentor, Professor Rodney Ho (School of Pharmacy) to the ELC. Professor O Connor, who was an advisor to ITHS, worked with UW TechTransfer (now C4C) to advise the startup through the ELC. 8 Law School news

11 Fat Cat Fudge Fat Cat Fudge is hand-crafted, gourmet fudge that is carried by many retailers, including Metropolitan Market. Founder of Fat Cat Fudge, Kristine Vannoy benefitted from the ELC when she began her business. She said students helped her address key business issues, as well as employee, tax and intellectual property issues. But most importantly, Vannoy said the ELC helped her create a business plan. Photo credit: UW Foster School of Business John Hoeckman, left, and Michael Hite pose with Impel s olfactory delivery device. It was a great experience, he said. It was amazing getting so much free legal advice. I didn t really appreciate how amazing this was until I left the UW and started seeing actual legal bills. The students are really enthusiastic and put a lot of time and effort into the project. It is also nice having the advisers there to make sure all of the information is accurate. Later Hoekman teamed up with UW MBA graduate Michael Hite, who is currently Impel s CEO. In October 2011, Impel announced additional funding from private equity investors and joined in collaboration with two major pharmaceutical partners. Hoekman said he credits the ELC for his success. The company has raised over $2.3 million in grant funding and $800,000 in private investment money. The ELC helped me to uncover and recognize issues that I didn t foresee, she said. So many small businesses fail because they just jump into it without a plan. No doubt they have a great product or a wonderful service but it has to make sense, it has to be viable. Every new business should seek this sort of counsel. It has been seven years since Vannoy began her business and the demand for her product continues to grow. In 2011 Fat Cat Fudge set a record in sales. Vannoy said she attributes part of her success to the ELC and is currently working with a counselor at Community Capital Development to discuss bringing on an investor or a business partner. I want to grow Fat Cat Fudge and take it to the next level, she said. Owner/founder of Fat Cat Fudge, Kristine Vannoy The ELC gave me a rapid education in patent law which has been an extremely valuable skill in a life science startup, he said. My understanding of both my IP as well as other IP in the space has been crucial in building our business. uw law spring

12 Tech Law Clinic: the Intersection of Public Policy and High Tech The UW Law Technology Law and Public Policy Clinic provides students with an opportunity to draft policy in areas where high technology and public policy meet. Students work in conjunction with elected officials, industry representatives and members of the public to propose policy recommendations. UW Assistant Professor of Law William Covington has been director of the clinic since it opened in Our goal is to create lawyer/technologists, he said. I want these students to have a real expertise in addressing public policy holistically. Approximately 10 to 12 UW Law students are selected to join the clinic each year. While in the clinic, students are exposed to technology issues and work with various government organizations, including the Washington State Legislature. Alec Paxton 13 said he applied for the clinic to gain public policy skills. I knew the clinic would allow me to make a meaningful contribution while gaining incredible experience in this area, he said. Covington strives to ensure that students not only acquire a rudimentary knowledge of how a specific technology works, but also learn to consider the business implications of the studentproposed policies. Covington pushes students to discover what stimulates individuals to invest in specific technologies and how policy can drive or inhibit such investments. After gaining basic knowledge about the specific technology being investigated and familiarizing themselves with the basics of the business, students begin researching. Simultaneously students meet with industry representatives, customers, government regulators and other stakeholders. Students spend three quarters and approximately 360 hours researching and drafting public policy to present to the Washington State Legislature. The relationship between the clinic and the state legislature began when the House of Representatives Technology, Energy and Communication Committee asked the clinic for a report about video franchising. After the presentation, members of the legislature were sufficiently impressed to ask the clinic s students to conduct policy research for them. 10 Law School news

13 In the clinic, Christina Hsiang s (Class of 12) projects work to increase consumer protection rights for those receiving broadband service and building code revisions for energy efficiency. It is exciting work and the clinic opens up tremendous opportunities for us to get our feet wet in these industries and understand contemporary issues, she said. Covington said students provide unbiased and thoughtful assessments because they have access to the UW s world class research facilities and have no entrenched interest in most policy matters. The legislators we have worked with have been clear that the biggest benefit that UW Law students offer is fresh perspectives on old problems, Paxton said. He went on to say that the legislators, in their business-as-usual world of Olympia, worry that they may overlook policy solutions that make sense. Covington said he hopes the clinic can act in a manner similar to the federal Office of Technology Assessment (OTA) that was eliminated in OTA provided the United States Congress with objective analysis of complex technical issues. Currently the clinic is analyzing and making recommendations on Washington state s telecommunication policy. Prior to this task, clinic students worked on a project investigating spyware to ensure consumer protection. By examining user complaints, conducting an electronic investigation and ultimately drafting formal pleadings directed to the Federal Trade Commission, the clinic s work led to the termination of a company s illegal activities and a settlement of $3 million. Paxton said his time spent working for the clinic has given him a strong understanding of the legislative system and insight into formulating policy recommendations. As someone who hopes to engage in policy work, as well as a traditional legal practice, my experience with the clinic has been invaluable, he said. I couldn t imagine finding another opportunity to get this experience as a young lawyer. First row (left to right): Bruce Johnson and Rocky White Second row: Grant Rafter, Andrew VanWinkle, Christina Hsiang, and Prof. Covington Third row: Josh Hansen King, Todd Wildermuth (Scholar-in-Residence), Alec Paxton, and Bing Liang uw law spring

14 12 Carol Fuller 54

15 Mentoring Maven I d describe Carol s style as mentoring on steroids, daughter - in - law Leonor (Leo) Fuller 84 said. So many of the women judges in Washington state were her mentees. Almost every female judge in the state knows who she is. How can I make your job easier? were the first words Carol Fuller 54 said when asked for an interview about her career as a judge. This question was not empty; clearly it had been said hundreds, if not thousands, of times before and she meant it. As the first woman judge in the state of Washington outside of King County, Fuller had few role models. Therefore, whether it was intentional or not, she blazed a trail for all women judges who came after her. Her daughter-in-law Leo Fuller 84 is betting that it was deliberate. Carol has never forgotten the challenges encountered by a trailblazer, Leo Fuller explains. However, the experience never hardened her. Carol is a relentless optimist and, in this way, has inspired others notwithstanding how hard it was to achieve what she did. Judge Fuller of the Thurston County Superior Court was appointed by former Governor Dixie Lee Ray in 1979 after five years on the bench in Mason County as a District Court judge. After receiving this appointment, she went on to win a landslide victory in the Thurston and Mason County general elections. In 1981, Ken Walz, an attorney in Tumwater, Washington, wrote of Judge Fuller in the Washington State Bar News, As women attorneys continue their advancement in the legal profession, let s not forget those who led the way. Then on February 9, 1989 Judge Fuller was recognized during the 10th anniversary dinner of the Northwest Women s Law Center (now Legal Voices) at the Seattle Sheraton. Judge Fuller received an award for her outstanding contribution in advancing the legal rights of women in the Northwest. Nearly 1,300 people attended and author/activist Gloria Steinem was the featured speaker. uw law spring

16 Carol Fuller began her journey to becoming a ground-breaking judge and mentor when she entered law school in 1951 on the advice of a junior college teacher who said that women should have good work to do. While there were four women in her class, three graduated and only two of those passed the bar exam. In law school, Judge Fuller enjoyed the challenge of the material. There was so much to learn, she said. I was devoted to learning the law and to learning how to practice the law. She also met her husband Herb during the first month of law school. They met in Contracts class and married in After graduation, the Fullers moved to France where Herb Fuller served in the U.S. military for five years. They then returned to Olympia. In 1969, at the age of 39, Judge Fuller felt that their family was stable enough for her to resume her law career. Their youngest daughter was 9-years-old and although Judge Fuller had not worked since graduation, she took a job with Legal Services in Tacoma. In 1971 she joined her husband in his private practice. Recently retired Judge Christine Pomeroy was in the fifth grade when she met Carol Fuller. Somebody told me she was a lawyer, Pomeroy said. That really impressed me. I didn t think women could be lawyers so I asked her. She replied Yes, dear, they can be. Inspired by Judge Fuller, Pomeroy attended law school. After graduation, Judge Fuller mentored Pomeroy and the young lawyer practiced in front of Judge Fuller for 15 years before being elected to take Fuller s position on the bench, an honor not lost on Pomeroy. Pomeroy said the most important lesson Judge Fuller taught her was civility. In Family Court, Carol always suggested settlement, Pomeroy said. She would say, Let s have a cup of tea and both sides would sit down to talk. Everyone was happy with the settlement. It taught me that it didn t matter what happened just focus on what you want to get across to the judge, focus on your role to advocate and to inform. She also gave me good advice when I became a judge. She taught me how to get along with people, how to be gracious. She d tell me to really look at the person in front of you. Make them feel at ease. Pomeroy said Judge Fuller s graciousness extended far beyond the courtroom. She would ask How are you? of everyone she met, Pomeroy said. She d be interested in your case, your children. She would take your hand and hold it a minute or two. Judge Lisa Sutton met Judge Fuller through her mother-in-law, Mary Stuart Lux. According to Judge Sutton, then-representative Mary Stuart Lux and Judge Fuller were among the first women in politics in Thurston County. A number of years later, in 1984, Sutton, a law student at the time, applied for and was accepted for an internship at the Thurston County Supreme Court. Judge Fuller hired her and also served as her supervisor. A lifetime friendship ensued. Sutton, like Pomeroy and many other women law professionals in Thurston County, consider Judge Fuller a mentor and friend. As a judge and as a person, Carol was humble, compassionate and always wanted to resolve everything, Sutton said. Carol promoted alternative dispute resolution well before that concept was used as it now is. Sutton recalls the graciousness of Judge Fuller during her first court hearing as a new assistant attorney general practicing in front of Judge Fuller. 14

17 As a judge and as a person, Carol was humble, compassionate and always wanted to resolve everything, Carol promoted alternative dispute resolution well before that concept was used as it now is. Judge Lisa Sutton She asked me and the opposing attorney if we had discussed resolving the case, Sutton said. We had not, so she asked us to meet in her chambers where we had a cup of tea and talked about how to obtain a mutually agreeable settlement. Chief Justice (Ret.) Gerry Alexander 64 lived in the same neighborhood as Judge Fuller. I always admired her, Alexander said. It was tough on her at first, being the only woman judge, but she never showed it. It didn t seem to get under her skin. After seeing a documentary on women in the legislature in the late 1980s, Fuller was inspired to create a video recording on the history of women judges in Washington state. The Northwest Women s Law Center agreed to produce the film with the help of Susan Starbuck. If I put myself on the other side of the bench, I can only feel that every case is important, she said. Especially in family law. I know how important a judge s decision is to the family. Although Judge Fuller retired from the bench in 1993, she returned to her husband s firm Fuller & Fuller, a regional law firm emphasizing accident/injury law and medical malpractice law. The Fullers have always emphasized the importance of family. Also practicing at the firm are their son, Jay, daughters Marya 85 and Nina and their daughter-in-law Leo. The firm is currently celebrating its 40th year. Grandson Evan Fuller 14 is now at the UW School of Law, class of She is incredibly humble. Her calm, peaceful, insightful nature teaches me never to make assumptions about other people, Evan said. She has laid a solid moral foundation for our family. In classic Carol fashion, Judge Fuller gives Starbuck all the credit for the award-winning film. Susan had the energy, intelligence and fundraising abilities, she said. Before retiring from Superior Court in 1993, Judge Fuller presided over thousands of important cases including the overcrowding of Echo Glen Children s Center near Snoqualmie, the ruling on tax exemptions relating to heartlung machines and hearing aids, the halting of logging in Snohomish County, and cases involving fish trafficking. But when asked about her most important or significant cases, Judge Fuller said she considers every case to be significant. Carol Fuller and Mary Stuart Lux uw law spring

18 16 Plummer Lott 74

19 From Court to Court Meeting Plummer Lott, Associate Justice of the Appellate Division, Second Department of the New York Supreme Court, for the first time, it s easy to believe that the original 1967 Seattle Supersonics drafted him in the fifth round of the NBA draft. It s also easy to believe that his statuesque appearance commands respect in the courtroom. From 1995 to 2003, Lott served as Supreme Court Justice Criminal Term and has presided over some of the most highly publicized and intricate criminal trials in Kings County, New York. These trials involved multiple occurrences, defendants and juries, including two unprecedented three-jury trials. In 2002, he became the first and only judge in the state of New York to preside over a trial involving three separate juries. The People of the State of New York v. Mark Rushion, Samson Nylander and Mavis Brown involved two men and a woman charged with robbing and killing a 17-year-old pizza deliveryman. He also presided over a second three-jury trial as judge for The People of the State of New York v. Dexter Bostic, Robert Ellis and Lee Woods, a case charging three men in the shooting of two Brooklyn police officers, one fatally. Born and raised in Jackson, Mississippi, Lott received numerous basketball scholarships to colleges across the country. His mother wanted him to stay close to home, but like most teenage boys, Lott wondered how far away can I go? He chose to attend Seattle University. While at Seattle U., Lott had a marginal college basketball career and a less than stunning pro career. But because of the influence of my parents, I entered college with the knowledge that basketball, at best, should be a means to an end and not an end in itself, Lott said. After college, Lott worked at Allstate Insurance along with his good friend and law school classmate Fred Bonner 74, now a Seattle Municipal Court Judge. uw law spring

20 Bonner remembers his friend, We were both claims adjusters, handling personal injury claims and we thought we can do better than this so we decided to go to law school. In 1970 they took the LSAT together and entered UW Law in September of Of his law school days, Lott specifically remembers Professor Harry Cross property law class. I m not saying that law school was not a wonderful experience this class was difficult. He added, An area of law to avoid for me. Plummer wanted to be a tax attorney, adds Bonner, he took all the tax classes and went to NYU law school for a graduate degree in tax. But it was our summers that solidified our future careers. In the summer of 1973, we worked at the Seattle Corporation Counsel Office which is now the Seattle City Attorney s office. The following summer we both went to the King County Prosecutor s office and worked under Christopher Bailey. Another classmate, Susan Sampson 74, remembers we were just entering the time of waffle stompers and hippie clothing, but Lott was always impeccably groomed. He said at one time that he was happy to be out of professional sports because he didn t like to sweat. This January, at his office in New York State s largest courthouse on Jay Street in Brooklyn, Judge Lott appeared as if he has never sweated at least not over his career. Lott described his first job as editor at the Matthew Bender Company in New York and as Queens County Assistant District Attorney in In 1981, Lott joined the New York City Human Resources Administration (HRA) as Assistant General Counsel. In the DA s office the volume of work was demanding but the variety of cases were not challenging. I did not find the variety of work I preferred, Lott elaborated. But when I was at the Human Resources Administration I found I liked the change, but he added I did no trial work, all supervisory. Lott supervised over 50 attorneys citywide and was responsible for litigating neglect cases in the New York City Family Court System. Seattle Sonics Players Thorn, Hazzard, Kron and Lott April 4, 1969 Seattle Times 18

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