CLARK COUNTY BAR ASSOCIATION

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

THIS MONTH S ISSUE President s Message...3 The CCBA Welcomes Judge Gonzales...5 2012 CLE and Nuts & Bolts Calendar...8 CCBA Monthly Board Meeting Minutes...10 CLE - Adoption...11 Superior Court Meeting Minutes...13 Family Law Section Meeting...14 Double Hearsay...15 Kids Love Lawyers! Students Learn About Civics...17 INHERITING THE WINDBAGS: Monkeying Around with Justice...20 Guantanamo & Kenya Enthrall American Inns of Court Members...22 Hearsay Profile: Douglas Foley...23 Clark County Volunteer Lawyers Program...24 Law Library News...25 News You Can Use...25 Attorney Bookkeeping Tips...25 SW Washington Lawyer Referral Service...26 Events Calendar...26 HEARSAY is published 12 times per year and is design edited by: JEFF GOUGH, Creative Director GOUGH CREATIVE GROUP 360-818-4GCG director@goughcreative.com An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy subscription for $48.00. Letters, news items, upcoming events and announcements are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor s discretion and space available. Views expressed in articles represent the authors opinions, not necessarily the CCBA s. The publication does not purport to offer legal advice. RICHARD G. SPIER MEDIATOR CCBA OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m. Highly experienced full-time neutral since 1992 Business & commercial; personal injury; employment; real estate & construction Listed for Mediation in The Best Lawyers in America Member, Oregon and Washington Bars 503-284-2511 Fax 503-284-2519 rspier@spier-mediate.com www.spier-mediate.com 2536 N.E. 28th Avenue Portland, Oregon 97212-4916 No charge for travel time or travel expense in Oregon and Washington

PRESIDENT S MESSAGE JOHN FAIRGRIEVE CCBA President Dear fellow bar association members: There are two matters I would like to discuss this month. The first concerns current initiatives the Clark County Bar Association is pursuing. The second concerns the potential impact that certain recommended cuts to the Washington State Bar Association budget would have on local attorneys who are involved in, or may be interested in becoming involved in, WSBA activities in the future. On March 26 of this year our association had its second and last general membership meeting of the year. After a number of reports summarizing our financial status and activities, we engaged in a guided discussion about the priorities of the association. In general, we discussed the continuing legal education program, the proposed mentorship program, a proposal that we become more involved in civics education, our current dues structure, and ways to increase participation by our members in our activities. At its meeting in April and again in early May the CCBA Board of Trustees discussed the information gathered from our members at the meeting in March, particularly as it related to creating a mentorship program and increasing our involvement in civics education. Concerning the former, after discussing the components of successful mentorship programs and the Oregon State Bar Association s mandatory New Lawyer Mentoring Program the board has decided to host a meeting which will occur in June to discuss what sort of mentorship program the members of our association want and would be willing to actively support. The time, date and location of this meeting will be published shortly. Turning to civics education, Jill Sasser, one of our trustees and one of the organizers of the mock trial competitions for the past two years, has informed the board that she believes that the program could be expanded to high schools that do not currently field teams. Once Jill determines what the level of interest is she will report back to the board and we will begin to recruit attorneys to coach the new teams. If you are interested in doing so please contact me or Lisa Darco, the association s office manager, at ccbamanager@ccbawashington.org. Finally, as you are probably aware, the WSBA member referendum to reduce license fees to $325 recently passed. The WSBA Board of Governors met on April 27-28 to address a number of matters, including a series of budget recommendations by the WSBA s Budget and Audit Committee to close what it estimates is a $3.6 million budget gap. One of the recommendations is to eliminate funding for positions on WSBA standing committees, boards and task forces. The effect of this recommendation will be that volunteer board and committee members will no longer be reimbursed for travel expenses including airfare, mileage, lodging, and meals. Details of the Budget and Audit Committee s recommendations can be found at http://www.wsba.org/about-wsba/governance/board-of- Governors/Meeting-Materials. The Budget and audit Committee s recommendations can be found on pages 631-633. For many reasons the WSBA suffers from a Seattle-centric orientation and it is important for attorneys from other regions of the state to serve in leadership positions within the state bar. It is already a hardship for many local attorneys to serve on WSBA committees, boards and task forces due to the time it takes to travel to meeting sites. Withdrawing reimbursements for travel expenses will have the net effect of further discouraging attorneys from outside the Seattle area from participating in leadership positions in the WSBA. I urge you to take a few minutes to inform yourself about the cuts being proposed to the WSBA budget, and to make your feelings known to our WSBA representatives. Our governor, Brian Kelly, can be reached at bkelly@localaccess.com. The WSBA president, Steve Crossland, can be reached at steve@crosslandlaw.net. Visit us online at: ccbawashington.org HEARSAY - MAY 2012 3

WILLIAM F. NELSON Baumgartner, Nelson & Price, PLLC Celebrating forty years of evaluating, settling, and trying claims of professional negligence and serious personal injury in Southwest Washington. Many thanks to the more than sixty lawyers, judges and court personnel for the referrals that have made this celebration possible. And special thanks to my partners of fifteen years - Bill Baumgartner and Greg Price. Available for consultation or referral on professional negligence and serious personal injury claims. Martindale-Hubbell bell recognizes William F. Nelson as an AV rated attorney, the highest such rating available to any individual lawyer. 112 W.11th Street, Suite 150 Vancouver, WA 98660 Phone:(360) 694-4344 wnelson@bnplaw.com mthompson@bnplaw.com www.bnplaw.com 4 CLARK COUNTY BAR ASSOCIATION

The CCBA Welcomes Judge Gonzales DON JACOBS Hearsay Special Correspondent Gregory Michael Gonzales is now Your Honor. Judge Gonzales became the newest member of the Clark County Superior Court bench replacing retiring Judge Edwin Poyfair. Appointed by Governor Christine Gregoire to fill the seat, Judge Gonzales will take over the opening in Department 4. Judge Gonzales was sworn in May 1st by Judge John Nichols and by all accounts, leaped into the duties like a kid entering Disneyland. The word "enthusiastic" was the most used by others describing his first days. The official investiture ceremony was late Friday afternoon on May 4th in Judge Barbara Johnson's courtroom. The place was packed to the rafters with family, well wishers and members of the bar. In an unusual twist, Judge Gonzales used the occasion to announce he'd just become engaged to Molly Trafelet, his now fiancé. Local historians have been consulted, and this is believed to be a first in Clark County. No other judge in memory has used the investiture ceremony to also announce their engagement. There was even a little suspense involved. The Judge happily informed the crowd he'd asked Molly to marry him, but didn't tell us her response. So Judge, she said yes, right? Although, one could assume the response was positive since Molly handled the role of helping his honor into his first Clark County Superior Court standard issue black robe. After Judge Johnson did the official swearing in, the standing room only crowd heard from Mike Roe describing his years with the Judge in private practice. Then Judge Bennett said a few words about the job followed by the newest judge thanking all assembled. He mentioned he was truly humbled by all the support he received and the overwhelming favorable response in the bar poll. When he sat down with the rest of the gowned members of the bench in attendance, it immediately looked like he belonged there. So Judge Gonzales is joining a pretty elite club. Although the Judge did preside over the Battle Ground Municipal Court for the last seven years, a big learning curve awaits. That's primarily because it looks like he'll be filling Judge Poyfair's family court slot with Judge Rulli over in the annex. He'll even slide right into Judge Poyfair's old office. Judge Gonzales admits he wouldn't know a family law case if it bit him. Fortunately, he also inherits Gizella Darfler, Judge Poyfair's very capable JA. The local historians were consulted one more time and it is believed Judge Gonzales is the first person of color to occupy the Superior Court Bench in Clark County. It wasn't that long ago that Clark County saw its first female on the bench. So history was made twice in Judge Johnson's courtroom that day. Funny, but I've never thought of Judge Gonzales as a person of color. He was just Greg Gonzales. A funny, effervesent and passionate guy who really cared about his clients and the practice of law, with the reputation of being a very fine lawyer. I guess that is where we are all trying to get to in this society. I asked the Judge about this historic first in our interview. Although the significance of it wasn't lost on him, he too says he just always thought of himself as Greg Gonzales, and hoped others did as well. Nevertheless, this is a nice plus with his appointment. The county gets a really good candidate to dispel justice and a significant and increasing percentage of our population sees someone who looks like them on the bench. Judge Gonzales graduated from Lewis and Clark Law School in 1981. His undergrad years were at UC Riverside. Of note is his baseball career at the school. The Judge was the starting second baseman in his senior year when the school won the Division II National Championship. Skills he put to some use over his thirty years in the community acting as a volunteer coach for kid's sports. He came to Clark County when Bill Baumgartner offered him a job in the summer of 81 with the then firm of Weber, Baumgartner & Gunn. He's stayed with the firm ever since, doing civil litigation. Of course Judge Gonzales does have to run for election in November. So far, no one has announced any plans to challenge him for the seat. Given how well he fared in the bar poll, any challenger would have an uphill battle. At 56, it's seems unlikely Judge Gonzales will ever return to his career as a lawyer. Which is something he tells me he'll miss. When asked what he'll miss most about private practice, he talked about being able to help clients. The first lawyer in his family, Judge Gonzales told me his biggest achievement in life was when he became a lawyer. Well Judge, you just eclipsed that. Welcome to the bench your honor. Many of us hope you'll be there for a long time. HEARSAY - MAY 2012 5

The CCBA will be hosting a Title 11 Guardian ad Litem training on June 15 and 16 at the Water Resource Education Center. Please contact Lisa Darco in the CCBA office for more information. 6 CLARK COUNTY BAR ASSOCIATION

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2012 CLE and Nuts & Bolts Calendar Call 695-5975 to register For firms with new associates, this series is a great way to support your local bar association and provide new associates with an introduction to the community and a broad set of useful legal skills and information. Conference Room available to rent The CCBA s office conference room is available for meetings and depositions at reasonable rates. Call Lisa at: 695-5975 Creative For 30 years we ve helped bring peace of mind to over 20,000 clients during one of life s toughest times. OREGON S.W. WASHINGTON 503.227.1515 360.823.0410 GevurtzMenashe.com Divorce Children Support 8 CLARK COUNTY BAR ASSOCIATION

Trial Skills CLE: Practical Day SUZAN CLARK Hearsay Special Correspondent On May 5, 2012 the Clark County Bar Association sponsored a day long trial skills CLE at the Clark County Courthouse. In the preceding months, the CCBA sponsored a number of Nuts & Bolts CLE s providing instruction on the various phases of a trial including jury selection, direct and cross examination of witnesses, opening statements and closing arguments. The trial skills seminar served as an opportunity for participants to practice and hone the trial skills they had learned in the classroom. Participants met at the Clark County Courthouse at 7:45 a.m. on a Saturday morning to present the various parts of a trial in small groups with a judge and a trial mentor. Judge Nichols, Judge Lewis and Judge Melnick graciously volunteered their time to preside over the various phases of the trial. Don Jacobs and myself served as mentors providing critiques and suggestions to the participants. Don and I also played witnesses in the direct examination and cross examination parts of the trial. Don won rave reviews for his performance as a defense expert witness in a auto collision case and I tormented the attorneys with my performance as a heroin addicted defendant in a criminal fact pattern. Representing Injured Workers on Their Washington Claims Busick Hamrick, PLLC All participants served as jurors during the jury selection session and the remainder of the day smaller groups of attorneys worked with a judge and a mentor in an actual courtroom to individually present the material. Where possible, attorney participants were given the option of presenting material from an actual case they were working on. I had the pleasure of working with all three judges during the day and all of the attorney participants. From the perspective of 26 years as a litigator, I learned many things from my participation in the CLE. Many thanks to our CLE Committee Chair, Jane Clark who planned and participated in the event on Saturday and gave birth to a baby girl on Monday! Thanks to Don Jacobs lending his litigation expertise to the CLE. Thanks to our bar staff for their administrative support early on a Saturday morning. A special thanks to Judge Lewis, Judge Nichols and Judge Melnick for volunteering to serve as judges to provide a realistic trial experience for our participants. The feedback from members of the bench to participants made this a terrific learning experience for everyone involved. CHUCK CORRIGAN Steven L. Busick Frances R. Hamrick Douglas M. Palmer (360) 696-0228 1915 Washington Street Vancouver, WA 98660 HEARSAY - MAY 2012 9

CCBA Monthly Board Meeting Minutes April 11, 2012 DAVID GREGERSON CCBA Secretary Board members in attendance: J. Clark, K. Rylander, D. Gregerson, A. Dunn, J. Fairgrieve, (presiding). J. Sasser arrives 12:28 PM. Staff in attendance: L. Darco 1. Fairgrieve called the meeting to order at 12:10 PM. 2. Approval of minutes from March 7, 2012. Correction: Jane Clark was not in attendance. On motion duly made, seconded, and passed, minutes are APPROVED 3. Nellor is not present, therefore no verbal treasurer s report. Written financials were provided. Nellor made a detailed report at the general membership meeting last month showing positive direction since last year s crisis. 4. Old business: a. Kaiser balance transfer: reported that bank documents have been signed and monies transferred. b. March general meeting recap: Fairgrieve reported that 20-25 were in attendance, board discussed efforts to boost turnout at next meeting in the fall. Board will consider a member survey to get feedback on direction of policy. c. Mentorship program: Fairgrieve reports that he has some individuals willing to serve on a mentorship committee to assemble an outline for a proposed program. d. Civic/Legal education and outreach: Issue was raised a general membership meeting. There seems to be general support for the idea, but details and concrete plans still need discussion and direction. Discussion held (brainstorm) about ways to reach out into schools, community, etc. e. Office support and compensation: Committee will convene to set date and time to address the issue. 5. New Business a. Lease renewal: Discussion held. On motion duly made, seconded, and PASSED, David Gregerson is given general authority to negotiate lease terms, subject to board approval at a later meeting. b. Press Releases in Hearsay: Discussion held about whether and how to allow press releases in Hearsay. It was noted that many press releases are more properly described as advertisement. Rylander will draft a proposed policy for board approval. c. Veterans Court use of ListServ: Darco reports that requests have been made to use the listserv for announcements. Consensus is that these are better done through Hearsay Magazine. d. Membership fee scale options: Fairgrieve reports on dues for comparable sister organizations to compare value against what CCBA charges. Discussion held. No consensus at this time for change in existing policy. On motion duly motion, seconded, and made, the board approved a change in policy to bifurcate dues through the year, with September to be a grace month for membership benefits until dues are renewed. e. Use of Mila s accountant for training Lisa: Darco seeks approval to have information accountant consultation, at no cost, but nevertheless with nondisclosure provisions. f. VLP fundraising announcement on ListServ: Gregerson requests an e-mail blast for the May 11, 2012 CCVLP box lunch fundraiser event. Discussion held. Dunn suggests that CCBA consider a monthly aggregate e-mail blast for this type of announcement. Board will form a committee or come up with a proposal. In the interim, in the interest of consistency, Gregerson s VLP request is denied. 6. There being no more business before the board, on motion duly made, seconded, and passed, the board meeting was ADJOURNED. Advertise with us!!! Reach 500 Attorneys and Legal Professionals throughout Clark County! Call Lisa Darco for pricing & space availability at 360-695-5975 10 CLARK COUNTY BAR ASSOCIATION

The Clark County Bar Association is pleased to announce its Twentieth Nuts and Bolts Lecture: Adoption by Attorney Marie Tilden Wednesday, June 13th, 3:00 5:00 PM at the Red Lion at the Quay The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for nonattorneys. This will get you 2 CLE credits and the speakers prepared materials to download. There is an extra fee if you want to pick up the materials at the door. Ü Refreshments and Refined Company Û To register: Call the CCBA, (360) 695-5975, OR email: cle@ccbawashington.org, OR FAX this flyer back to the CCBA at (360) 737-6891 with your: NAME PHONE # BAR NUMBER EMAIL Marie N. Tilden. One of the major areas of Marie s practice is adoption and surrogacy law, including independent, domestic placements; agency adoptions; international placements and documentation for entry into the US; contested terminations; and related issues. She has branched out into representing egg donors and intended parents in Artificial Reproductive Technology (ART s practice) a rapidly expanding area of law. Her practice includes representation of US expat citizens living and adopting abroad; addressing the citizenship and visa issues between their resident country, country of adoption and the US. She also consults with agencies and adoptive families regarding issues arising from the Hague Convention on Intercountry Adoption. Marie received her B.S. degree from the University of Oregon, 1979 and J.D. from the University of Texas, School of Law, with Honors, 1985. Marie was the founder of Cascade International Children s Services, an international adoption agency in Portland and served as its director for several years. She established foreign adoption programs in Bulgaria, China, Vietnam, India, Colombia and Guatemala. An out line of Marie s talk appears on the following page HEARSAY - MAY 2012 11

THE NUTS AND BOLTS OF ADOPTION LAW By Marie Tilden, Attorney at Law BASICS: Who can adopt: Married? Single? Same-sex couples? Men? Women? Who is too young to adopt, and who is too mature? Who can be adopted? How long does adoption take? How much does an adoption cost? BEYOND THE VERY BASICS: Normal steps in a domestic, independent placement. Normal steps in an international placement. What about adopting through DSHS, how does one adopt a child already in the subject of a dependency action? Other: step-parent, adult adoptions, re-adoptions, older child adoptions, what should you know? NOW TO THE EXPERT LEVEL: Minor birthparents, anything different? Birthparent under a disability; obtaining valid consent(s) to terminate rights? Birthparent objects to terminating his/her parental rights, what are the legal standards for a winning case? Visa classifications for foreign adoptions, obtaining US citizenship, dealing with USCIS, dealing with foreign entities, oh my! NOW, TO APPLY ALL THIS KNOWLEDGE, A POTENTIAL CLIENT CALLS AND 1. wants to adopt their young niece from Country X because her family is too poor to raise her and wants you to do the adoption. What do you need to know? What can you do? 2. says that the father of their child does not want to pay child support anymore and is willing to give up his parental rights. Potential client is excited because now she won t have to deal with him anymore and considers the loss of child support a small price to pay. What do you say? What can you do? 3. says that they have just returned home with their new child from country X and want to re-adopt but they notice that they received an IR-4 visa when their friends paperwork says they have an IR-3 visa. They wonder if it matters and what it means. What should they do in the US? Does their new child have US citizenship like their agency said he/she would? 4. says that their grandchild/niece/nephew, etc. is in foster care and they want to adopt the child to keep it in the family. How do they proceed? Does it matter if the parental rights of the biological parents have been terminated yet? 5. says that they have been matched with a birth mother due to deliver in 3 months. She says she needs money from them to pay her living expenses and they are very willing to help her out. After all, they ve been waiting for a long time for a chance to adopt, and if it just takes some money to make it happen, that s fine with them. Is there anything wrong with them paying her expenses? 12 CLARK COUNTY BAR ASSOCIATION

CLARK COUNTY SUPERIOR COURT BENCH/BAR MEETING MINUTES MARCH 13, 2012 JOHN FAIRGRIEVE CCBA President The meeting began shortly after noon. Persons present were Judge Robert Lewis, Judge John Nichols, Ann Christian, Jolene Sell, Suzan Clark, Kurt Rylander, Todd George, and John Fairgrieve. OLD BUSINESS: 1. Competency evaluations being conducted on criminal defendants by Western State Hospital (WSH): Ann Christian told the committee that the out of custody defendant list is up to date. 2. Orders for 90 day commitments to WSH for competency restoration: Suzan Clark told the committee that she did not believe that the current order being used by the court to commit a defendant to WSH for competency restoration, which authorizes WSH personnel to administer psychotropic medications to a defendant over his or her objections, complies with due process requirements. See generally Sell v. United States, 539 U.S. 166, 180-81, 123 S. Ct. 2174, 156 L. Ed. 2d 197 (2003). John Fairgrieve suggested that he and Suzan meet after the end of the committee meeting to discuss the matter and possible revision of the order. 3. Criminal readiness docket issues: Judge Lewis reported that the readiness docket for the week of April 16 currently had 90 matters on it and that the judges planned on conducting a split docket if judicial resources are available. Judge Lewis also mentioned that in May three consecutive readiness dockets currently have 66, 67, and 80 matters on them respectively. 4. Judge Poyfair s judicial position: It was reported to the committee that Governor Gregoire planned on interviewing the two finalists for the position on Wednesday, April 11 (The Columbian reported on April 17 that Governor Gregoire has appointed Greg Gonzales to fill out the balance of Judge Poyfair s current term). 5. Felony caseload in superior court: Ann Christian reported that indigent defense contracts for felony cases are running at about 100 per month this year and that she is seeing an increase in the number of class A felonies and sex offenses. 6. Judge Nichols to leave family court: Judge Nichols told the committee that he would be leaving family court to return to civil / criminal caseload at the end of the year. 7. Drug court status: Judge Nichols reported that Superior Court Drug Court continues to be popular, with 143 participants as of last week. NEW BUSINESS 1. Redaction of material from criminal discovery: John Fairgrieve told the committee that a recent review of federal and Washington State statutes revealed that the prosecuting attorney s office is prohibited from releasing three specific types of information in the discovery it provides to defense counsel in criminal cases: social security numbers, department of licensing numbers, and financial account numbers. He stated that in the future this material would be redacted from criminal discovery. He further stated that he would provide the committee with citations to the relevant statutes (the citations are 42 USC 405(c)(2)(C)(viii)(I), 18 USC 2721, and RCW 42.56.230(5)). 2. Policy for the use of electronic devices in Judge Lewis courtroom: Judge Lewis told the committee that he has drafted a policy for the use of electronic devices in his courtroom which he will publish later this week. 3. New meetings to discuss matters related to the administration of criminal justice in Clark County: Ann Christian told the committee that recently representatives of the superior court bench, the prosecutor s office, the criminal defense bar and she HEARSAY - MAY 2012 13

met for the first of what promises to be a series of meetings to discuss issues and problems related to the administration of criminal justice in the county and to see if solutions to the problems could be developed. Ann reported that the first meeting was successful. 4. Bail schedule in felony cases: Judge Lewis brought up the issue and mentioned that there was not much support from the superior court judges for adopting a new bail schedule if the purpose for doing so was to allow a suspect arrested over a weekend to be able to post bail prior to appearing before a judge. He also mentioned that the matter is still under discussion. Ann Christian told the committee that legislation passed by the legislature in its recent session with an effective date this summer will require an individualized determination of bail by a judicial officer prior to the release of any suspect charged with a class A or B offense. Suzan Clark mentioned that she was concerned that bail amounts in general were being set too high, commenting that $100,000 seems to be the new $10,000. 5. Local high school mock trial teams at the state tournament: Judge Lewis reported that all four local high school mock trial teams that proceeded to the state tournament finished with two wins and two losses. He stated that the Ridgefield High team finished highest among the local teams, placing 8th or 9th in the state, and that a Ridgefield witness was named best witness in the tournament. 6. Next Bench Bar committee meeting: The committee will meet next on Tuesday, May 8, 2012 at noon in Judge Nichols jury room. Respectfully submitted, John Fairgrieve Family Law Section Meeting CHRIS BOYD Family Law Section President The Family Law Section held our monthly meeting on May 9, 2012. Stan Horak presented on bankruptcy, short sales, foreclosures and hold harmless issues and how they relate to Family Law. We had nearly fifty (50) attendees. Stan was very informative and I ve added Call Stan on my standard file checklist. Stan was kind enough to offer an open door policy for any attorneys with questions on this constantly changing topic. I have a feeling many FLS members will take him up on that invitation. Our next meeting, which will be our last before summer break, will be on Wednesday, June 13th. We need officers for our next year s FLS, so those interested should throw their hats in the ring. As outgoing president, I have made sure to set the bar at an exceptionally achievable level for the new president. In all seriousness, it is a truly positive experience and we have a wonderful group of Family Law attorneys and judicial officers. Our meetings are in the reserved lounge section of Tommy O s, 801 Washington Street, Vancouver. Typically, these are on the second Wednesday of the month. The cost of the meeting will be $13.00 for lunch plus $5.00 for one CLE credit for CCBA FLS members. If you are not a member of the CCBA and FLS the cost is $13.00 for lunch and $10.00 for the CLE credit. Please RSVP by the Friday just prior to our Wednesday meeting by sending your payment to our section s Treasurer, Meredith McKell Graff, 3214 NE 42nd Street, Suite B, Vancouver, WA 98663. Our officers are: President, Chris Boyd; Treasurer, Meredith McKell Graff; Secretary, Stephanie Ellis. If you would like to attend a CCBA FLS meeting and do not currently receive the email updates, please email me at cboyd@vancouverlaw.net. Remember to visit the blog for updates and announcements: http://ccbafamilylawsection.blogspot.com/ Very Truly Yours, Chris Boyd Advertise in next month s HEARSAY Call Lisa Darco at 360.695.5975 for rates and availability. 14 CLARK COUNTY BAR ASSOCIATION

DOUBLE HEARSAY What CCBA Members Are Doing About Town RAISA JUDICATA Guest Gossip Columnist Things are spicing up at the Courthouse. We haven t seen this much fun since the glamour shot days of 2000. We now have two contested races for Judge in the August primaries. We know of the Judge Wulle and David Gregerson match up, but a new one is Josephine Townsend vs. Judge Diane Woolard. Josephine originally filed to run against newly sworn in Judge Greg Gonzales (she was originally matched up to run against Department 10, Judge Collier, but that appeared to be typographical error), but switched the filing to run against Woolard. We have had a relatively drama-free last 12 years. Hopefully the media doesn t end up catering to reality-tv journalism for the sake of the Bench. You know Raisa won t! Erin Wright is a newly admitted lawyer in Washington, and is adding to the community involvement we in Clark County pride ourselves on. On Monday, April 2, 2012 the Wright Law Firm, PLLC held its grand opening. The The Wright Law Firm makes a difference! firm celebrated this milestone in a unique way by donating 100 pounds of rice, completing 18 volunteer hours, and sorting just under 3,500 pounds of food at the Clark County Food Bank. Erin has a strong dedication to the community, which includes volunteering with the CASA program and coaching a local mock trial team. In addition, the firm employees volunteer the first Monday of every month in the local community. Erin s practice focuses on family law and estate planning. When you see her, give her a warm welcome! Mike Simon from Landerholm, P.S. recently returned from another yearly trip to Guatemala for Medical Teams International. Mike graduated from digging latrines this year to making ovens. The situation in Mike and his cookstove. Guatemala, like many Latin American countries, is drastic. An estimated 58% of Guatemalans live in poverty and infant and maternal mortality rates are alarmingly high. Chronic malnutrition in children under the age of five years ranks as the highest in the Western Hemisphere. Less than half of Guatemala's rural residents have access to running water, a quarter have electricity at home and less than 10 percent have modern sanitary facilities. Dental decay is also a serious problem for many Guatemalans because access to dental care is limited and in the rural areas, nonexistent. Mike is passionate about his work to better the lives of these folks who are less fortunate. To read more, or to help with money or time, visit: http://www.medicalteams.org/where_we_work/latin_america/guatemala.aspx. He doesn t wear a cape, but Judge Scott Collier is a hero to many. Judge Collier volunteers on weekends for the Mt. Hood Ski Patrol, and his service was highlighted recently in The Columbian. Judge Collier started skiing in middle school and has been volunteering for the Ski Patrol for the last five seasons. After making the Ski Patrol team, he was required to take a 17- week first aid training course similar to EMT training, but geared toward outdoor emergency response. One of the first major calls he attended was responding to a report of a possible broken back. He later discovered that the woman had become a para- HEARSAY - MAY 2012 15

Reference photo by Zachary Kaufman/The Columbian: Judge Collier, sans cape. plegic as a result of her skiing accident. Probably Judge Collier s best trait, both on and off the bench, is his patience and calm nature. It is very important when dealing with an injured person (or an upset litigant) to keep your cool and work through the problem to get the case closed. At Judge Collier s encouragement, Senior Deputy Prosecutor Alan Harvey has also just made the Mt. Hood Ski Patrol and is undergoing the training and certification process now. As we know, the CCBA Blooper Award is named in honor of Alan Harvey, so Alan, no bloopers on the slopes OK? It s not over until it s over. Our family law appeals dream team has over 125 years of combined experience, uncanny appellate strategies, and the results to prove it. Offices in S.W. Washington and Oregon 360.823.0410 503.227.1515 GevurtzMenashe.com Your esteemed colleague Raisa Judicata can t be everywhere. If you have a tidbit of news you would like the world to know, send a note to raisajudicata@gmail.com. Raisa usually checks in the first Monday of every month. Remember, it is your ethical duty to support your member organization with juicy gossip and goings on. Eric Larson Paige De Muniz Craig Cowley Mark Johnson Roberts Robin Wright Bill Howe FOR LEASE 907 Franklin RENT REDUCED! Great location between Courthouse and Esther Short. Good visibility & signage. $1,650 /mo. Two parking spots. Electric/water/sewer/garbage all included. No charge for parking, common area maintenance, taxes or insurance. A little over 900 sq/ft with two nice offices, a reception area and tons of storage. All recently remodeled with new electric/windows/ bathroom/ light fixtures/carpet and paint. New HVAC and alarm system. All wired for phone and computer. One month security/damage deposit. Very charming landlord. Lease term one year or more. Call 695-1624 HENDERSON LAW FIRM, PLLC 360.737.1478 Phender745@gmail.com MEDICAL NEGLIGENCE PERSONAL INJURY WRONGFUL DEATH Representative Jury Verdicts and Settlements: Failure to diagnose brain tumor $4.5 million Obstetrics malpractice $3.5 million Obstetrics malpractice $1.6 million Trampoline accident $1 million Electrocution at work -- $900,000 Motorcycle collision -- $500,000 Rear end MVC. Soft tissue injury -- $230,000 Available for referral or association on serious injury, wrongful death and medical negligence cases. 16 CLARK COUNTY BAR ASSOCIATION

Kids Love Lawyers! Encouraging Students to Learn About Civics EMILY SHELDRICK Hearsay Special Correspondent Attorneys give life and meaning to laws upon which our government is formed, yet the public often does not understand this role and there is a declining interest in civic participation. Toward this end, U.S. Supreme Court Justice Sandra Day O Connor founded an organization called icivics.org to encourage civics education in the younger generation. With this website as a platform, I attempted to give life and meaning to our government and explain the work of attorneys at Vancouver School District s Eisenhower Elementary School. My daughter, Kaya, who attends fourth-grade at Eisenhower, asked me to please, please, PLEASE! volunteer as a chaperone for her class field trip to Olympia in April. After talking with Kaya s teacher, I ended up teaching nearly 60 students about civics as well as join them on the trip to Olympia. DAY 1: Introduction to Government and a Lesson in Separation of Powers. Before meeting with students, I did a little bit of research to find out what would work to help elementary-age kids understand government. This is when I found out about icivics.org. The website has all kinds of games, projects and even lesson plans for elementary, middle and high school students. I looked through the various lesson plans and found one that seemed like it would be a perfect fit for 10 year-olds. After meeting with the two teachers, we came up with a plan for teaching civics. On April 11th, I arrived at my daughter s classroom. A partition that separates two classrooms was removed and approximately 60 children gathered on the floor to hear about government. My first question to the kids: Can anyone name the three branches of government? Me! Me! I can! A chorus of excited fourth graders spoke out and even more raised hands to show off their understanding of civics. We had a lively discussion about how the three branches of government work, how a bill becomes a law, and the practical issues of what happens after a bill is signed into law. We also discussed the justice system s role in determining the constitutionality of laws. To illustrate how the process works, I introduced the students to a lesson plan from icivics.org called Separation of Powers. In this lesson, instead of creating a bill, the students are tasked with creating a healthy lunch menu! The kids were very excited about this plan and right away wanted to start in on the process. HEARSAY - MAY 2012 17

The first step as a group was to create our constitutional framework: a definition for a healthy meal. Since the students had previously studied nutrition, this was a snap. The students agreed that a healthy meal includes protein, whole grains, dairy, fruit, and vegetables and should be low in fat, sugar and salt. Next step, the students were divided into small groups to represent the three branches of government. Or, in this case: Lead Chefs (the Executive Branch), Menu Writers (the Legislative Branch) and Judges (the Judicial Branch). The Lead Chefs had to decide what categories of food should be served every day for lunch at school. Next, the Menu Writers, using the Lead Chef categories, had to create the exact menu for a day s lunch. The menu went back to the Lead Chefs to approve or reject the menu created by the Menu Writers. If the menu was rejected, the Menu Writers had to keep working on the menu until it was approved by the Lead Chefs. Alternatively, if all the Menu Writers agree, they can overrule the Lead Chefs. Finally, in the last round, the Judges decide if the menu complies with the healthy meal definition. The students had a fantastic time with the activity. Some Menu Writers tried to get Lead Chefs and Judges to approve a lunch of cookies and soda. They realized Lead Chefs and Judges would not let them get away with that! Most students discovered it took a lot of compromise and negotiations to come up with a menu that everyone agreed was healthy. DAY 2: What Did We Learn from the Lesson in Separation of Powers and What do Lawyers Really Do? On my second day back at Eisenhower, the students discussed how the lesson in menu writing gave them a flavor of the real life legislative process. Sometimes, the process is time-consuming and a little bit frustrating! To understand how important real legislative and judicial issues can be, we discussed a recent Washington Supreme Court decision requiring the state budget to include sufficient funding for the educational system based on our state constitution. I also explained the civil rights landmark decision of Brown v. Board of Education and how real people used the legal system to challenge the constitutionality of school segregation. Finally, the kids had a lot of questions about what I do as a lawyer. They wanted to know everything! How many years have I been an attorney, what kind of law do I practice, what s the longest case I ever had, how long did I go to school, how many hours I work each week, and on and on. Thankfully, the bell rang for last recess and I was relieved of being peppered by questions from inquisitive 10 year-olds! DAY 3: Field Trip to Olympia. The following week, I volunteered as one of the parent chaperones on the all-day field trip to Olympia. We had a wonderful day! Our tour guide was exceptional we learned about the architecture and construction of the Capitol Building, toured both chambers of the legislature, and got a brief tour of Governor Gregoire s Office. My favorite part of the field trip included a tour of the Temple of Justice. Here, the students were given an opportunity to reenact the Washington s Supreme Court s decision in Gardner v. Loomis Armored, Inc., 128 Wn.2d 931 (1996). After receiving a brief synopsis of the facts for this case, several students were chosen to act as Supreme Court justices and argue the case. For those of you not familiar with the case, Loomis terminated Mr. Gardner, a guard and driver, after he left the vehicle unattended, contrary to the employer s policy, to assist a woman being chased by a man with a knife. Here, as in real life, the justices sided with Mr. Gardner and found that the employer wrongfully terminated Mr. Gardner in violation of public policy. Throughout the tour, the guide quizzed the students on their knowledge of government. At the end of the day, he said that most high school students do not do as well as this group of fourth graders in answering questions about our government. After my adventures in volunteering, I cannot say enough about what a wonderful experience it was to work with the students on civics. They were enthusiastic and excited to learn. The best part: My daughter said it wasn t too embarrassing to have her mom teach the class! 18 CLARK COUNTY BAR ASSOCIATION

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INHERITING THE WINDBAGS Monkeying Around with Justice and the Truth About the Scopes Trial DOUG FOLEY Hearsay Special Correspondent The Scopes monkey trial was a remarkable piece of social and political theater, played out in 1925 in the little town of Dayton, Tennessee. Almost nothing about the trial was genuine and the movie we are all familiar with Inherit the Wind was as real as the trial itself. Yes, there actually was a Clarence Darrow, Williams Jennings Bryan and a Butler Act which prohibited the teaching of evolution in any Tennessee classroom -- but everything else was a complete artifice consisting of a staged trial with a willing defendant, John Scopes, who agreed to be prosecuted, all for the purpose of putting a moribund Dayton back on the map. This trial also had the consequence of allowing some of the larger than life personalities of the time to strut their stuff and shine in the limelight of national publicity. The press ate it up, the trial was broadcast live via radio -- and the posturing in the case was deliberately polarizing with the effect of making religious people appear narrow minded and stupid and progressives appear clever and smart -- through their respective archetypes, Bryan and Darrow. However, the net effect of it all was that truth and science were both run through the mud. The trial conspiracy was hatched in Fred Robinson s drug store in Dayton, a town that had lost roughly half its population in the preceding thirty years. George Rappalyea worked as a manager in a local coal company and he presented the idea of the trial to a group of town leaders at a meeting held in the drug store. Previously, the ACLU had openly declared that it would defend anyone who may be prosecuted under the Butler Act. No one had been up to the point of the drug store conspiracy. John Scopes, a science teacher and football coach, then 24, intended to leave Dayton in any event and was asked to be the defendant. He readily agreed. Remarkably, the drug store even sold school text books and a quick consultation with the biology book taken right off the shelf at the meeting held by these conspirators mentioned evolution the very book that Scopes had used at the high school. Everyone agreed that he was breaking the law (including Scopes) and the drama was officially on. Scopes even encouraged three of his students to testify against him they did at a Grand Jury -- and he was officially indicted. All that was left to do was the staffing of the prosecution and defense teams. Rappaleya actually wanted H.G. Wells to be part of the defense team but that great writer of classic science fiction wanted nothing of the farce. Others were only too willing. Two monstrous egos of the time, Clarence Darrow and William Jennings Bryan, jumped to the chance to lead the charge for their respective sides. Other lesser knowns also swooped in for a piece of the action, including Bryan s son, various ACLU hangers on and even a prominent local divorce attorney who needed a hiatus from the humdrum of dividing up jewelry and other trinkets. An absolute circus atmosphere prevailed in the town and just as George Rappalyea had hoped, the legal lookie-lous descended on Dayton. The original defense position urged by the ACLU was that there was no necessary conflict between science and religion and, therefore, no reason for the Butler Act and no rational basis for the law. However, Darrow hijacked the trial in the name of personal grandstanding, took it upon himself to junk that strategy and began an all out attack on Biblical veracity which culminated in the more than bizarre spectacle of a cross examination of Bryan, chief prosecution counsel, who willingly took the stand at the end of the trial as a Biblical expert generating some of the more memorable lines of the trial that made it into the movie as an exchange between the not so fictionalized characters of Henry Drummond (Darrow) and Matthew Brady (Bryan). The opening statements set the tone of the trial and Darrow depicted the trial as a struggle between Truth and Ignorance. 20 CLARK COUNTY BAR ASSOCIATION

Bryan stated that if evolution won in the trial that Christianity would be extinguished. Darrow argued, as inanely, that civilization itself was on trial and not the Defendant (a line that has been regrettably copied far too often since that time). From the outset, the Defendant, John Scopes, was all but forgotten and would have been as comfortably seated in the swelling audience as much as in the dock. The trial became highly personal between Darrow and Bryan. Darrow demonized Bryan and accused him of even being responsible for the Butler Act (he wasn t), labeling the legislation as both wicked and mischievous. From the standpoint of the present time, such word slinging sounds fairly ho-hum, but in 1925 this terminology directed against legislation designed to preserve contemporary moral principles was incendiary and startling and grabbed national headlines. Due to the number of spectators, the trial was moved outside. The cross examination of Bryan by Darrow (pictured above) occurred on the eighth day of trial in the open air in an atmosphere of lunchbox day time theater. The two egos had thoroughly dominated the trial and now the case was no longer Tennessee v. Scopes, but had been turned inside out and essentially mutated into Darrow v. Bryan. Bryan took the stand to testify about the Bible and defend Truth. For two hours, the two bantered with each other about the Bible and science. Darrow ridiculed Genesis and called into question the plausibility of the creation story with Bryan doggedly on the defense. Darrow questioned Bryan how Cain found his wife, since Adam and Eve only begat Cain and Abel. Bryan replied that Cain had likely left the agnostics to go hunt for her. On this point and others, Bryan eventually found himself in retreat and he eventually came to the point of conceding that the Bible cannot absolutely be accepted literally in every respect an admission that constituted a major inroad against Biblical veracity from Darrow s perspective. Of course, all of this had nothing to do with the Butler Act and John Scopes and the question of whether he had violated the law the supposed centerpiece of the trial. Judge Raulston (the Judge Ito of his day) had been hopelessly manipulated in the trial to that point, and finally ruled the following day that the entire examination of Bryan had been irrelevant and ordered it stricken. In closing arguments, Darrow actually asked the Jury to return a verdict of guilty against Scopes so that the whole matter could be determined by the Tennessee Supreme Court. Remarkably, his concession prevented Bryan from giving a final rebuttal argument a speech that he had labored on at great length, thereby denying him his last act of grandstanding and the opportunity to rehabilitate himself after the cross examination contest with Darrow that, by the account of most observers, he had lost on debating points, if not substance. The Jury readily agreed with Darrow s request and Scopes was finally found guilty and then fined $100 by the Court. On appeal his conviction was thrown out by the Tennessee Supreme Court on technical issues, leaving the Butler Act intact. The court labeled the trial bizarre (which it clearly was) and signaled that it wanted to hear no more such nonsense from any similar trial combatants. Five days after the trial, William Jennings Bryan died. He had been a diabetes sufferer and the trial had taxed his last reserves. Darrow lived another 13 years. He emerged from retirement to fight religion one more time in an event known as the Mecca Temple Debate against an English writer, G.K. Chesterson, in which they faced off on the question: Will the World Return to Religion? The event fostered no plays or movies. There is no record of what was said, and that grand debate is now largely forgotten. After the trial, Scopes left Dayton, as he had planned all along, and studied geology at the University of Chicago. He then worked for Gulf Oil and the United Gas Company and, like Cain, found a wife and also became baptized as a Catholic in Venezuela on one of his assignments to that country. He died in 1970. What he may really have thought about evolution no one seems to know and as far as the trial was concerned, no one really cared. And what of the eye of the Hurricane little Dayton? After selling thousands of gallons of lemonade, scores of blue plate specials and jacking up the price of hotel rooms for a bit, the town was hardly any better off. Dayton has roughly doubled in size since 1925 something that would easily have happened in the intervening 87 years without the publicity of the trial. As far as the Butler Act was concerned no one else was ever prosecuted under that law. As it turned out, one trip to the zoo was clearly enough. The Act largely remained overlooked until 1967. At that time, another teacher Gary Scott was dismissed for violating the Act. He sued for reinstatement, and began a class action lawsuit in federal court. Enough was enough. Three days later a bill was introduced in the legislature rescinding the Act and was passed by both houses and signed by the Governor. Scott was immediately reinstated. No one wanted a rerun of what history has to concede was truly a very bad movie. ASSOCIATE ATTORNEY Vancouver law firm Marsh, Higgins, Beaty & Hatch is seeking a licensed Washington State attorney having a minimum of two years litigation experience. The candidate should have consumer bankruptcy experience and have experience in or willingness to develop, a couple other areas of law. Basic knowledge of Microsoft word, Excel, and Outlook required. Oregon license is a plus. The candidate will be expected to fully manage his or her own cases and have direct client contact. This position provides the opportunity for a candidate with initiative and a willingness to work hard, to quickly develop as an attorney. We offer a competitive benefits and compensation package. Please respond to this ad by forwarding your cover letter and résumé to legalmanager@yahoo.com. HEARSAY - MAY 2012 21

Guantanamo & Kenya Enthrall American Inns of Court Members KURT RYLANDER Hearsay Editor-In-Chief At the invitation of Chief Judge Barbara Johnson, Chris and Jan Kitchel gave a presentation to an enthralled group of attorneys at the April 25, 2012 meeting of the American Inns of Court regarding their respective experiences representing individuals in Kenya and Guantanamo Chris Kitchel used a three (3) month sabbatical to explore and study the Kenyan criminal justice system as part of the Lawyers Without Borders program in 2011. The Kenyan criminal justice system is like nothing we expect or experience in the United States. Corruption is rampant and the standard of the day. Trials are not by jury. In fact, there are no trials. Evidence is not required to put someone in custody, or in fact to keep them in prison for long periods of time. The police are the prosecutors, and the accused is not entitled to a defense or a defense attorney. Jan Kitchel volunteered to represent an individual incarcerated in the U.S. Military Prison, Guantanamo Bay, Cuba, on a habeas corpus petition. The detainee speaks only Arabic and French. Because Jan s daughter speaks French, he coopted her college term for assistance in communicating with his client. Of the numerous habeas corpus petitions filed for all the detainees, approximately 30% were granted by the United States District Court for the District of Columbia. However, all petitions granted were reversed by the United States Court of Appeals for the District of Columbia Circuit. Jan represented that in essence, the detainees are not going anywhere until the Federal Government decides to release them. And even if the Federal Government decides to release them, they can t be released unless a foreign country agrees to accept them, and not torture them. Largely, this means European white detainees have gone home. Middle Eastern and African detainees remain at Guantanamo, even after being cleared for administrative release. The trials that have occurred so far at Guantanamo bear no resemblance to the U.S. criminal justice system: the rules of evidence don t apply, there is no Miranda, there is no evidence exclusion, there is no right to be faced by the accusers, etc. The George & Donald Simpson American Inns of Court meets every third Wednesday typically in the conference room of Little Italy, Downtown Vancouver. The American Inns of Court is an organization of attorneys created for the purpose of improving the skills, professionalism, and ethics of the bench and bar. HEARSAY ADVERTISERS WANTED! CCBA is looking for reliable Attorney Support Services who want affordable, targeted advertising in upcoming issues of Hearsay. If you have reliable and trustworthy service providers that can benefit our audience, please refer them to Lisa Darco for pricing and availability today! EXPERT WITNESS & CONSULTANTS BAIL BONDS COURT DISPLAYS PARALEGAL MARKETING FINANCIAL SERVICES, ETC. 22 CLARK COUNTY BAR ASSOCIATION

HEARSAY PROFILE DOUGLAS F. FOLEY HOME: Battle Ground, WA AGE: Wizened PROFESSION: Wordslinger HOBBY: History, travelling to Locations other than a courthouse when I find the time, Dead Languages and some Live ones, archaeology and general science - and more history. LAST BOOK READ: Anabasis by Xenophon. LEGAL PHILISOPHY: Enjoy it all -- and try not take anything too seriously, especially not yourself. LATEST ACCOMPLISHMENT: Responding to an opposing counsel's brief without using a Latin phrase -- which is usually a pretext for telling the vappa ac nebulo what I really wanted to say about him and his malus nequamque arguments. WHY I DO WHAT I DO: Excellent question, and I have no good answer. PROFILE: An optimist by choice. BEVERAGE OF CHOICE: I am officially alcohol intolerant, that unfortunately came with age and despite being German\Irish - so everything defaults to Coffee. Leider! Es tut weh! HEARSAY - MAY 2012 23

Susan Arney, Executive Director Ashley Belisle, Program Coordinator Administrative: 360-823-0423 E-mail: susana@ccvlp.org If you have clients that need our help, the first step is to have them call the CLEAR hotline to be screened and to receive an initial attorney consultation over the phone. I know it is hard to get through to CLEAR but it is possible. There are instructions on our website www.ccvlp.org under Legal Help. The CLEAR phone number is 1-888-201-1014 and they are open Monday through Friday from 9:15 AM to 12:15 PM. The trick is to hang up and redial over and over. When the client gets through they are screened for eligibility and then they are placed on hold for up to 30 minutes or they may get an appointment for a call back later. They can receive some immediate help and can be referred to one of the local programs for further assistance. Thanks, Susan MANY THANKS TO ALL THE ATTORNEYS AND PARALEGALS WHO STAFFED THE ADVICE CLINICS, HOMELESS CLINICS, PROVIDED REPRESENTATION, AND VOLUNTEERED IN THE HOMELESS COURT IN THE MONTH OF MARCH FAMILY LAW: Lou Baran, Bill Brendgard, Matt Blum, Ivan Culbertson, Ed Dawson, Sidney Dolquist, Susan Phillips Hammann, Marlene Hansen, Lincoln Harvey, Robin Krane GENERAL LAW: David Feeney HOMELESS COURT: Chuck Buckley, Erin Culver, Abby Powell, Mark Sampath, Anna Waendelin HOMELESS SHELTER: Peter Fels, Gavin Flynn, Dustin Klinger, David Feeney, Janna Lovejoy HOUSING JUSTICE PROJECT: Tresa Cavanaugh, Ed Dawson, Janna Lovejoy, Scott Matthews Bill Robison, Ben Wolff, Phil Wuest STATISTICS FOR MARCH DIRECT REPRESENTATION Marvin Benson, Bill Brendgard, Mark Carter, Robert Gregg Stanley Horak, Phil Janney, Dustin Klinger, Scott Matthews Robert Russell, Susan Stauffer, Randy Stewart, Todd Trierweiler BANKRUPTCY: Erin McAleer YWCA SAFECHOICE DV CLINIC: Sidney Dolquist, Susan Phillips Hammann, Vickie Kesala, Christie Martin, Kathryn Smith HEARSAY ADVERTISERS WANTED! CCBA is looking for reliable Attorney Support Services who want affordable, targeted advertising in upcoming issues of Hearsay. If you have reliable and trustworthy service providers that can benefit our audience, please refer them to Lisa Darco for pricing and availability today! EXPERT WITNESS & CONSULTANTS BAIL BONDS COURT DISPLAYS PARALEGAL MARKETING FINANCIAL SERVICES, ETC. Available for Consults Washington & Oregon Licensed Linda E. Frischmeyer ATTORNEY Over 25 Years Assisting to Achieve Employment Goals Respectful. Clear. Helpful. Wage payment Independent contractors Confidentiality Nonprofits Non-compete Performance Challenging behaviors Leave laws Disability accommodation Drug testing 360.816.2475 linda.frischmeyer@landerholm.com 805 Broadway, Ste. 1000 Vancouver, WA 98660 24 CLARK COUNTY BAR ASSOCIATION

LAW LIBRARY NEWS MARIA SOSNOWSKI Law Librarian ATTORNEY BOOKKEEPING TIPS EMANUELA SANDRI Attorney Bookkeeping Services, Inc. The Clark County Law Library is making arrangements to have a publicly-available trial of Westlawnext in the law library, most likely during the month of June. Please come in, take it for a test drive, and tell us what you like/don't like about it compared to what we are now calling "classic" Westlaw. Our contract is up this fall, and we need to decide what online service we want to have, and your input is important to us. FOR SALE through May, 2012 The law library is taking blind bids on the following items: 1. Criminal Caselaw Notebook 2011 (print) with update, and CD Rom 2008. 2. Deposing and Examining Doctors CD Rom. 3. Defending Drinking Drivers CD Rom. Electronic discovery materials: 4. Information Technology Primer for Legal Professionals 5. ESI Pretrial Discovery Strategies and Tactics 6. Electronic Discovery and Evidence CD Rom 3rd edition Give your bid to the law librarian through the end of May. Bids must indicate your name, phone number, amount, and item(s) on which you are bidding. Winners will be notified in early June. We reserve the right to withdraw an item from bidding. NEWS YOU CAN USE LISA DARCO CCBA Office Manager New Addresses: Nicholson Legal Services, PLLC Ernest L. Nicholson, Attorney at Law 7700 NE 26th Ave. Vancouver, WA 98665-0672 360-574-1600 Fax 360-326-7318 eln@enicholsonlegal.com Visit us online at: ccbawashington.org QuickBooks Vendor Maintenance Entity Change To keep history, if a vendor changes entities, such as from sole proprietorship to S-Corp, setup a new vendor for the corporation and inactivate the sole proprietorship (note: the names need to be different, so for the corporation add PS or Inc., etc.). To inactivate a vendor: 1. Click the Vendor Center 2. Click the Vendors tab 3. Right-click the vendor name you don t want to use, and then click Make Vendor Inactive Combine Two Vendors If a vendor is listed twice, say as KK Enterprises and Kathleen Kennedy Enterprises, merge the two vendor names so that all of the transactions are associated with just one name. To merge two vendor names: 1. Click the Vendor Center 2. Click the Vendors tab 3. Right-click the vendor name you don t want to use, and then click Edit Vendor. 4. In the Edit Vendor window, change the vendor name to the same name as the vendor you want to keep 5. Click OK 6. Click Yes to merge the two vendor names under the same name Note: Once two vendor names are merged, it cannot be reversed. Edit Vendor To edit information for a vendor in the vendor list: 1. Click Vendor Center 2. Click the Vendors tab 3. Right-click the vendor you want to edit, and then click Edit Vendor 4. Edit the information shown for the vendor as necessary 5. Click OK Delete Vendor If a vendor has no links, such as, has not been used in a check or is not part of a memorized transaction, and is not needed, delete the vendor: 1. Click Vendor Center 2. Click the Vendors tab 3. Right-click the vendor you want to delete, and then click Delete Vendor 4. Click OK Tip: If you delete the vendor by mistake, immediately go to the Edit menu and choose Undo Delete Vendor - the only time you can revert a vendor deletion is immediately after you delete. HEARSAY - MAY 2012 25

UPCOMING EVENTS MEETING May 23, 2012 Hearsay Committee Meeting CCBA Office - Noon MEETING June 6, 2012 CCBA Board Meeting CCBA Office - Noon MEETING June12, 2012 Superior Court Bench/Bar Meeting Courthouse - Noon CLE June 13, 2012 Family Law Section CLE & Lunch Tommy O s - 11:30am CLE June 13, 2012 Nuts & Bolts: Adoption Red Lion at the Quay - 3:00pm - 5:00pm CLE June 15 & 16, 2012 GAL Title 11 Training Water Resource Education Center - 9:30am - 5:30pm Call CCBA if you re interested in attending SW WASHINGTON LAWYER REFERRAL SERVICE The CCBA s Lawyer Referral Service is a program designed to help the general public find attorneys appropriate for their needs, while at the same time providing a source of new client business exclusively to our members. To participate, members pay a small one-time annual fee. (The service is free to the public.) For more information, call the CCBA at 360-695-5975. THE SWLRS REFERRED 272 CLIENTS IN THE MONTH OF MARCH Administrative Law...16 Bankruptcy...6 Business & Corp...12 Consumer...17 Criminal...19 Debtor/Creditor...11 Family Law...51 General Litigation...63 Labor & Employment...30 Real Property...23 Wills & Trusts...12 Worker s Comp...8 ADA...2 Your Local Source for Lawyers Professional Liability 800-693-9006 Phone 360-514-9550 Fax 360-514-9551 www.davidsoninsurance.com 26 CLARK COUNTY BAR ASSOCIATION

2011/2012 CCBA OFFICERS & TRUSTEES PRESIDENT John Fairgrieve (360) 397-2261 john.fairgrieve@clark.wa.gov VICE-PRESIDENT Suzan Clark (360) 735-9434 sclark4224@aol.com TREASURER J.D. Nellor (360) 695-8181 jd@nellorlaw.com SECRETARY David Gregerson (360) 906-1164 david@gregersonlangsdorf.com IMMEDIATE PAST PRESIDENT Kurt Rylander (360) 750-9931 rylander@rylanderlaw.com TRUSTEE Jane Clark (360) 859-3823 jane@janeclarklegal.com TRUSTEE Arin Dunn (360) 737-6793 arin@dunnsheldrick.com TRUSTEE Jill Sasser (360) 816-2534 jill.sasser@landerholm.com VLP REPRESENTATIVE David Gregerson (360) 906-1164 david@gregersonlangsdorf.com OFFICE MANAGER Lisa Darco (360) 695-5975 ccbamanager@ccbawashington.org MEMBER SERVICES Kaitlin Lisandrelli (360) 695-5975 kaitlin@ccbawashington.org HEARSAY EDITOR-IN-CHIEF Kurt Rylander (360) 750-9931 rylander@rylanderlaw.com Advising Property Owners, Condominium & Homeowner Associations for 20 years. MICHAEL SIMON Phone: 360-696-3312 (WA) 503-283-3393 (OR) Fax: 360-696-2122 michael.simon@landerholm.com The focus of Mike Simon's law practice is representing condominium and homeowners associations, government condemnations, individuals and businesses with land use, real estate, and civil litigation matters. He approaches each issue through its details, reviewing and interpreting the most complex documents to formulate the best approach to representing his clients. MEDICAL MALPRACTICE WRONGFUL DEATH PERSONAL INJURY Law office of: JANE E. CLARK ATTORNEY AT L AW 1014 Franklin Street Franklin Suites, Suite 108 Vancouver, WA 98660 Available for Referral or Association Vancouver 360.859.3823 Portland 503.974.4161 Email Jane@janeclarklegal.com

CLARK COUNTY BAR ASSOCIATION 500 W. 8th Street, Suite 65 Vancouver, WA 98660 PRSRT STD U.S. POSTAGE PAID VANCOUVER, WA PERMIT NO. 620 Advertise in HEARSAY Does your business cater to the legal industry? Get targeted exposure to CCBA members and associates! Reserve your ad space today! Call Lisa @ 695-5975