JULY/AUGUST 2017 | VOLUME 21 TACOMA-PIERCE COUNTY BAR ASSOCIATION PIERCE COUNTY LAWYER
TPCBA CONVENTION 2017
INSIDE THIS ISSUE PG. 5 | 23RD ANNUAL TPCBA CONVENTION PG. 14 | LAWYER PALOOZA INFO 1ST INSERT CONNELLY LAW OFFICES Offices in Tacoma & Seattle, WA | www.connelly-law.com
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TRUTH | JUSTICE | ACCOUNTABILITY | EQUAL ACCESS The Pierce County Lawyer is published CONTENTS 6 times per year as a service to the membership of the Tacoma-Pierce County Bar Association FEATURES DEPARTMENTS 2017 BOARD OF TRUSTEES Diane Clarkson, President Steven O. Merrival, Vice President 9 5 Sarah E. Richardson, Secretary-Treasurer In Memory of Inside this Issue Matthew H. Thomas, Immediate Past President Deputy Prosecutor Kelley Kavanagh, President, Young Lawyers Section Steven O'Brien Merrival Terri Farmer, Family Law Section Liaison Heather R. Straub, John R. Wilson, Antoni H. Froehling, Nicholas R. by Doug Hill 6 Andrews, Lindsay D. Camandona, Amanda M. Searle, Trustees President's Page *Matthew W. McGowan, *Claire Vitikainen, *Philip Thornton, On Mentoring Criminal Law Section Liaisons 13 by Diane Clarkson *Chris D. Maharry, Volunteer Legal Services Liaison Issuing Electronic Writs *Mark V. Brady, Minority Bar Association Liaison by the Pierce County Clerk's Office *Lynn Johnson, Collaborative Law Liaison 8 *Presiding Judge Elizabeth P. Martin, *Judge Frank E. Cuthbertson, *Commissioner Diana L. Kiesel, *Commissioner Mark L. Gelman, 14 A Word from the Judicial Liaisons - Pierce County Superior Court Executive Director *Presiding Judge Judy R. Jasprica, Judicial Liaison - Pierce County District Court Tacoma-Pierce County Bar by Kit Kasner *Judge David Ladenburg, Judicial Liaison - Tacoma Municipal Court Association Convention *Jennifer Andrews, Erika Eggertsen, WA Women Lawyers Liaisons by Matthew Thomas *Keith M. Black, WSBA, Governor 6th District Liaison 11 *John Weaver, Law School Liaison (* non-voting members) Do You See Inserts What Others See? PIERCE COUNTY LAWYER MAGAZINE COMMITTEE by Commissioner Diana Kiesel Diane Clarkson, Publisher Lawyerpalooza, Love Stinks, George S. Kelley and Andrea McNeely, Editors Ad Rate Sheet Josh Brumley, John R. Christensen, Dawn Farina, 18 David C. Snell, Antoni H. Froehling, Salvador A. Mungia, Sarah E. Richardson, David C. Smith, Heather R. Straub Young Lawyers Report 23 by Kelley Kavanagh News contributions, information, advertising and letters to the editor are welcome. Readers are encouraged to submit letters to the editor on Two Statewide any topic. All submissions may be edited at the discretion of the Editor WSBA Awards Presented and PCL Committee and may be published on a space available basis. to AG's Office 26 The opinions expressed by the authors in the Pierce County Lawyer Military Justice Update magazine do not necessarily reflect the official position of the by Steve Krupa Tacoma-Pierce County Bar Association. Advertisers are not 25 necessarily endorsed by the TPCBA.
James Lopez The Pierce County Lawyer Committee reserves Inducted Into the 34 the right to refuse advertising. Baseball Hall of Fame Volunteer Legal Services Program News ISSUE AND CLOSING DATES/DEADLINES: by Laurie Davenport Pierce County Lawyer Issue Deadline for All Articles & Advertising: September/October 2017...... August 8, 2017 28 November/December 2017...... October 9, 2017 Profile: Professor John Weaver 37 SEND ALL CONTRIBUTIONS TO: by John Christensen Classifieds Tacoma-Pierce County Bar Association Pierce County Lawyer Magazine 30 First Tower, 621 Tacoma Avenue South, Suite 403 Tacoma, WA 98402-2301 That's Not Fair by Chistopher Kimball FOR INFORMATION ABOUT ADVERTISING CONTACT KIT KASNER AT (253) 272-8871 OR [email protected]
Administration (253) 272-8871 32 Lawyer Referral Service (253) 383-3432 FAX (253) 627-4718 Annual WA-AFCC Conference Attorney’s Lounge, Room 238, (253) 573-0609 by Frances Kevetter www.TPCBA.com
Volunteer Legal Services ON THE COVER: 621 Tacoma Avenue South, Suite 303 23RD ANNUAL TPCBA CONVENTION Tacoma, WA 98402 designed by (253) 572-5134, [email protected]
July/August 2017 | PIERCE COUNTY LAWYER 3 WE’RE BUILDING SO OUR CLIENTS CAN, TOO
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WWW.phILLIpSBURGESSLAW.COm INSIDE THIS ISSUE... JULY/AUGUST PIERCE COUNTY LAWYER
This is the summer issue of your Pierce County Lawyer magazine and may be arriving just as you are getting back from, or leaving on, vacation. While you are away, your Pierce County Lawyer never rests or takes time off.
[ 1st INSERT ] ...... BY THE TIME THIS EDITION SHOWS UP ON YOUR DESK/COMPUTER LAWYERPALOOZA is just about to happen, or has already happened. You might remember that it took last year off to work on political campaigns for anarchist candidates, but it is now back by popular demand. It has the same great setting, on Duenhoelter’s farm in Olalla, the same great committee and the same great music. One can usually count on good weather but GPS navigation to the site may be a bit sketchy so get good directions if you’re a first-timer (map included in this issue).
[ PG. 14 ] ...... ANOTHER MATTER REQUIRING YOUR IMMEDIATE ATTENTION IS THE TPCBA BAR CONVENTION at the scenic Alderbrook Resort on Hood Canal. It is not possible to write Alderbrook Resort without the word “scenic” in front of it. It might be something about Bill Gates, who has a family compound next door, programing Word to automatically add this adjective. Since reservations are required, you need to get to work on this now.
[ PG. 6 ] ...... OUR PRESIDENT DIANE CLARKSON attended the recent swearing-in of new lawyers including one or two children of long-time Pierce County lawyers (legacy lawyers). While these legacy lawyers may not need mentoring the others probably do, and as Diane mentions, we can always learn something from them, as mentoring is a two-way street.
[ PG. 11, 13 ] ...... IN COURTHOUSE NEWS Commissioner Kiesel suggests that we take a look at ourselves in courtroom settings as we might be surprised by what we see. The Clerk’s office advises on how writs of garnishment and restitution may be issued on-line without a trip to the courthouse, negating the Commissioner’s advice on how to appear in court.
[ PG. 28 ] ...... JOHN CHRISTENSEN WRITES AN INTERESTING INTERVIEW with retiring Seattle University/UPS law professor John Weaver that will bring back memories of readers who attended law school at either place.
[ PG. 18 ] ...... THE YOUNG LAWYERS REPORT on Law Day activities that saw judges and lawyers going to local schools and discussing the importance of the 14th Amendment. This was followed by the Law Day luncheon where Judge Chushcoff was recognized for his twenty-years of service on the Superior Court bench.
[ PG. 23, 26, 30 ] ...... YOU WILL ALSO WANT TO VISIT articles about James Lopez being inducted into the Tacoma-Pierce County hardball/softball Hall of Fame, an update on military justice from Steve Krupa, and Christopher Kimball’s article on the tax traps and opportunities in divorce cases.
You will note there is no editorial this month as our editorialist got writer’s block/ prognosticator’s disease or left early for lawyerpalooza. We expect our editorial department to resume functioning next issue.
July/August 2017 | PIERCE COUNTY LAWYER 5 PRESIDENT'S PAGE
On Mentoring
n May 3, 2017, I had the as an organization and community. honor of meeting some of Professional mentoring is what many the newest admittees to the of us do every day. But how many of Opractice of law in Washington State. us reach beyond the familiar and make They were: Domenic Angelo, Stanley contacts in our communities with David Flockhart, Sergio Ramon Cueva young people who do not look like us, Flores, Matthew Michael Loker, Joseph who do not share our same interests, Michael Lombino, Jesse Thomas and who might not yet be dreaming of Matsukawa, Corey Allen Thompson, what they want to do when they grow Seth Tuininga, and Torey Joseph up? Wambold. They were all wonderful to chat with and in our few moments together, they each left me wanting to We can all make a know more about them. It was exciting to hear Judge Swartz’s welcoming difference and add to remarks and see the judges from all of our legacies. We know the our courts represented and available to them. Think for a moment, what/who inspired feeling of relief Some of our newest attorneys already you to pursue your legal career? How have mentors and some have found can you be that experience for someone that comes when jobs; one was expanding a well- else? There are some young minds with established practice from California, differing life experiences that would others were still hopeful and they serve our legal systems well with some you have someone all can benefit from you and the direction and guidance from you. These experiences you bring to our noble perspectives, with their technology- to talk to, debate profession. We know the feeling of driven energies, would help advance relief that comes when you have the work we do and the communities someone to talk to, debate with, vent, we reach. Many of those minds and with, vent, or just or just be present at a time when there perspectives have no idea how much is no solution but to muddle through. they are needed until we reach out be present at a I would invite our newest admittees to them. Not everyone will go to law to reach out to our Young Lawyers school. Not everyone should. But and our Mentoring Committee to get imagine the youth who are inspired by time when there is involved while members seek them an attorney to do more with their lives out as well. I’d also remind everyone than merely exist. That youth might no solution but to to check for updates regarding the go on to college because of a word or mentoring CLEs put on by Superior deed from you. They might pursue post Court Commissioner Diana Kiesel. graduate work. Or, maybe they just muddle through. become a better person because you As large as Pierce County is, we are took the time to work with them. There known for our “small town” sense of are some young people who don’t know community because of our relationships lawyers, or doctors, or business owners. with each other, especially in our As a result some of those youths don’t profession. These new admittees need dare dream in that realm. Some will to know us and we need to know them. never realize their full potential. We can I encourage you to invite them to get all make a difference and add to our involved in shared interests, and build legacies. relationships that will strengthen us all
6 PIERCE COUNTY LAWYER | July/August 2017 BY DIANE CLARKSON
I was reading through Facebook posts and came across this message from one of with new lawyers (in practice less than our local attorneys: 5 years). For interested mentors or mentees, you can find the necessary I laughed out loud and was thrilled forms on the TPCBA website under to see Chris’ work. Sometimes Dear Mr. Van Vechten: Resources for Attorneys, and also helping people comes by assistance in under Forms, or go to: www.tpcba. Thank you for giving me the opportunity to work determining ahead of time what they with you these last three months at your law office com/about/committees/mentorship/. as your intern. It was a great experience for me as I don’t want to do! Think of the time, learned to work with people in stressful situations. money, and efforts that was saved for » If you are interested in mentoring During this Internship, I went to a police ride this young man. teenagers, please contact Jennifer along, to court and jail, and talk to a forensic Boutell with the Next Move Internship expert to mentally prepare myself for these sorts We are all busy with work, families, Program at: [email protected]. of interactions. It was a great joy to experience and vast community service projects. having to go out of my comfort zone in order to wa.us or call 253-571-1322. complete my objective. Still, an investment in our youth, Your advice and experience that you have given beyond our immediate scopes, will » Those interested in elementary me these past six months will help me in the not only serve them well, but will school-age children can contact future and I thank you for that. I appreciate the benefit our Tacoma-Pierce County Karen Thomas at: KThomad@ opportunity you have given me to work with communities, and our profession. tacomacommunityhouse.org or call you through this internship. As a result of my internship, I plan to avoid the practice of law by all Some may join us, others will know 253-383-3951. means necessary and pursue a degree in science. not to. Either way, we all win. Sincerely, » The TPCBA mentorship program is What we can’t do alone, chaired by Wendy Zicht, Attorney at we can do together. Joseph Juarez Law, and continues to pair seasoned Thank you, Chris Van Vechten and attorneys (in practice at least 10 years) Elizabeth Vincent for sharing resources.
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July/August 2017 | PIERCE COUNTY LAWYER 7 Briefly... A Word from the Family Law Executive Director Section Meetings By Kit Kasner ` 3rd Wednesday of each month What happens at the Bar in the month of August? Well @ 12 noon LAWYERPALOOZA V... it’s back on August 5 at Martin’s Farm in Olalla. It is the “party of the year” and the theme is Freedom, so ` Pierce County Courthouse pack up the family and your friends and plan to attend. Time is 930 Tacoma Avenue So, from 3 PM – 3 AM (yes it can be an all-nighter) with music, good food and good friends. Don’t forget a blanket, lounge chair and a Courtroom 100 dessert or side dish to share. A big “thanks” to Chuck Johnston, Martin Duenhoelter, Bill White, Steve Merrival and the committee for their work in planning this grand event for our members.
I hope you have TPCBA’s Annual Convention on your calendar – September 22-24 at the Alderbrook Resort. See Matt Thomas’ article in this issue. The Convention Committee has planned a memorable weekend for you and your family. Take a minute and complete the registration form on page 17 of this issue; book your room by August 20 and send in your registration by September YOUNG LAWYERS 1 – come with us for a weekend of classic comfort and “Washington Beachcombers” fun. SECTION MEETINGS:
We still need sponsors for the Convention. If you are interested 1st Tuesday of every month in sponsoring the Saturday Breakfast, Saturday Lunch or Saturday at 5:30 pm at the: evening Social Hour, each at $1,500 (or co-sponsor with another firm) call the Bar Office at 253 272-8871. Sign up to be a sponsor Pierce County Department and we will recognize your generosity at the Convention, on our of Assigned Counsel website, and in the Pierce County Lawyer magazine. 949 Market Street Suite 334 And finally... TPCBA CLEs, with something for everyone to enjoy and learn – see the list below and, of course, check TPCBA’s website Tacoma, WA (tpcba.com).
- OCTOBER 20 Tort Law VIII @ Emerald Queen Casino Conference Center - OCTOBER 27 Love Stinks X (yes 10!) @ CI Shenanigans - NOVEMBER 16 Annual Guardianship Seminar @ LaQuinta Inn - DECEMBER 2 (Saturday) FRIEND of the Month Annual Year End Potpourri @ CI Shenanigans - DECEMBER 7 AUGUST – Tom Balerud: 253-573-1111 Judicial Skit Night @ Tacoma Yacht Club [email protected] - More CLEs are in the planning stages. SEPTEMBER – [Call 253.272.8871 to register if you don’t find the form ontpcba.com ] Jared Varo: 253-588-1011 [email protected] Join the Bar’s social media accounts - Facebook, Twitter and Linkedin . Want to connect with the members or see FRIEND Committee Chair what’s new? Visit our website at: Kathleen Forrest: 253 588-1011 www.tpcba.com. [email protected]
Happy August!
8 PIERCE COUNTY LAWYER | July/August 2017 In Memory of ... Deputy Prosecutor Steven O’Brien Merrival
By Doug Hill
o, he’s not dead. But on June 16th, celebrating his 66th birthday, Steve surprised us all by closing out his 35 year career with the Pierce County Prosecutors Office. This puts Steve in a dead heat for the title of longest- Nserving Pierce County DPA with his old mentor Frank I. Loomis. Steve was raised in one of the poorest, toughest, places in the U.S., the Oglala Les Tolzin, Steve, and Tom Balerud Sioux Indian Reservation in South Dakota. Steve’s family believed in education and, after attending Catholic school as a youngster and showing some promise, Steve headed off to the University of Wisconsin for his undergrad and law degrees. Steve then headed off to the State of Washington where he worked for a short time as legal counsel for a local tribe. In 1982 he started with the Pierce County Prosecutor’s Office and has worked under five different administrations over the years - both Democrat and Republican. For the vast bulk of those years he worked in the Drug/Vice Unit and for much of that time was the leader of the unit. He earned a number of Team One Unit Supervisor, nicknames over the years but the two that stuck were Patrick Cooper, and Steve “the dope dwarf” and “Captain Adequate.” His motto in running the drug unit was “big or small, we charge ‘em all.” Steve has a quick and sometimes cerebral sense of humor that can fly right past you if you’re not paying attention. Decades ago, after providing a somewhat unexpected and bizarre ruling, a judge asked Steve for his opinion of it. Steve is reputed to have responded “your honor, only a man of your keen intellect could have come up with that ruling.” His honor was pleased. Steve’s going away function was attended not only by many prosecutors but equally as many DAC and private criminal defense attorneys; also about a half dozen current and retired judges. This is a testament to not only his popularity but the respect he engendered as a professional and as a person. Steve is highly respected for his preparedness, extensive knowledge of the drug laws, his infinite patience with opposing counsel, and perpetual smile and laugh. When Steve spoke his opponents never doubted the truth or accuracy of what he said, and he treated them with decency. There can be no higher praise for a prosecutor or any attorney. If you’re thinking you’ve heard the last of him, you’re wrong. Steve is the recently elected VP of the Tacoma-Pierce County Bar Association. Absent death or a return to sanity, he is committed to serving next year as the President of the Pierce County Bar. Good luck Steve. Apparently we won’t miss you after all. Mike Stewart, Steve, and Stephen Penner Doug Hill has had the "pleasure" of working with Steve for 34 of his 35 years in the Pierce County Prosecutors Office.
July/August 2017 | PIERCE COUNTY LAWYER 9 Judicial Dispute Resolution, LLC is pleased to announce and welcome JUDGE BRUCE HELLER, RET. as a new panelist Former King County Superior Court Judge Judge Heller is available to provide mediation, arbitration, special master and related services.
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CHARLES S BURDELL R LINDA LAU LARRY A ORDAN Former King County Former King County Former King County Former King County Former King County Former King County Superior Court Judge Superior Court Judge Superior Court Judge Superior Court Judge Superior Court Judge Superior Court Judge
PARIS ALLAS STEVE SCOTT GEORGE FIN LE Former King County Former King County Former King County Former King County Former King County Former King County Superior Court Judge Superior Court Judge Superior Court Judge Superior Court Judge Superior Court Judge Superior Court Judge Judicial Dispute Resolution, LLC DO YOU SEE WHAT OTHERS SEE? is pleased to announce By Commissioner Diana L. Kiesel, Pierce County Superior Court and welcome ave you ever watched yourself on video in your and that they know they have my undivided attention. I try role as a professional? Recently I participated in a to be clear in my rulings. I fell short of my expectations and I performance evaluation. Part of the process required will try harder to communicate effectively in each and every JUDGE Hme to watch myself on video while Court was in session on case. The most important thing I learned from the video was two different days. What did I learn from this process? A that although I may think I give everyone enough time to feel lot. My internal perception of myself did not match the film heard, the litigants may feel otherwise. It is often hard to get BRUCE version of myself. I decided to watch the video again and through busy dockets but this video reminded me that I developed a self-evaluation checklist. the hearings I preside over may change a litigant HELLER, RET. or a child’s life forever. From my twenty-five HELLER, RET. years of private practice, I know that it is » Did I speak clearly and as a new panelist important to litigants that they leave as a new panelist project my voice? the courtroom feeling they had a fair Former King County Superior Court Judge » Were my questions clear? and impartial hearing even if they did not prevail. The video I watched Judge Heller is available to provide » Did I make eye contact? made me reflect on my clients’ mediation, arbitration, special master comments after court proceedings and related services. » Did I communicate and reminded myself how my and related services. effectively? conduct in court impacts lives and the perception of our justice system. » Did I allow adequate time for the litigants to feel Athletes routinely watch videos of themselves. Combining imagery with their issues were heard? the videos allows them to constantly Joshua Green Building improve. I am sorry I never saw a video of 1425 Fourth Avenue, Suite 300 · Seattle, WA 98101 My first reaction to the video was, “you need any arguments I made in private practice. I think 206.223.1669 · www.jdrllc.com a haircut.” The next criticism I had was that I didn’t I would have been a better lawyer. Now that I have 206.223.1669 www.jdrllc.com appear to be listening as much as I know I was listening. Even watched myself on video, I will strive to be a more interactive if I was actively listening, it became apparent that I needed judicial officer and see what you and your clients see at court to make sure litigants know how important the case is to me proceedings where I preside.
MartinMartin J.H. J.H. Duenhoelter Duenhoelter Attorney at Law AttorneyAttorney at Law at Law
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12 PIERCE COUNTY LAWYER | July/August 2017 ISSUING ELECTRONIC WRITS By the Pierce County Clerk’s Office
Did you know you can get writs of restitution and writs of garnishment issued electronically, from the convenience of your own office? This convenient service is available through your LINX account.
CLERK’S ELECTRONIC forthwith, are met, the Clerk will accept information regarding the documents WRIT ISSUANCE: the Writ to be issued. that support the Writ and the parties involved as well as information on the Upon issuance, Writs of Restitution The Pierce County Superior Court Judgment amounts. This is used to and appropriate fees, will immediately Clerk’s office offers electronic Writ complete the pattern form Writ that be electronically forwarded to the issuance through their LINX system. will be electronically filed. At this time the service is limited Sheriff for service. A notice regarding to Writs of Restitution and Writs of the acceptance of, and a link to, the Once submitted, the electronic Writ Garnishment. Writs can be issued Writ itself will also be sent to the filing will be forwarded to a queue in the through the LINX party. Clerk’s Office. Staff members will website at https:// review the Writ for linxonline.co.pierce. appropriateness to wa.us. be issued. If required wait times are met, the Clerk will accept WRITS OF the Writ to be issued. RESTITUTION: Upon issuance Once a Judgment or of Writs of Order Issuing Writ Garnishment, a of Restitution has notice regarding the been entered you acceptance of, and a may visit the LINX link to the Writ itself website at https:// will be sent to the linxonline.co.pierce. filing party. wa.us and submit your Writ for issuance. You will be asked to enter specific information regarding the documents that support the Writ and the parties involved. This is used to complete the pattern form Writ that WRITS OF GARNISHMENT: will be electronically filed. QUESTIONS?? Once a Judgment has been entered, Writs of Restitution require that the either through electronic filing or Need assistance with the Sheriff’s Fee be included in payment hard copy filing, you may visit the electronic issuance of Writs? for the Writs. Payment is processed LINX website at https://linxonline. through LINX at the completion of the co.pierce.wa.us and submit your Writ Please contact the LINX filing. for issuance. help desk at 253-798-7757. Once submitted, the electronic Writ You are required to e-file your will be forwarded to a queue in the Application for Writ of Garnishment Clerk’s Office. Staff members will prior to submitting your Writ issuance review the Writ for appropriateness request. to be issued. If required wait times, or language directing the Clerk to issue You will be asked to enter specific
July/August 2017 | PIERCE COUNTY LAWYER 13 TACOMA PIERCE-COUNTY BAR ASSOCIATION CONVENTION
SEPTEMBER 22-24, 2017 Alderbrook Resort & Spa
By Matthew Thomas, Committee Chair
The 2017 TPCBA Bar Convention will take place at the Alderbrook Resort on Hood Canal from September 22-24, 2017. Our theme is Washington Beachcombers. Our Bar Convention committee has worked hard to put together a full slate of great CLEs, outdoor activities, meals, and social hours. So come by sea or by land and enjoy this Puget Sound getaway.
FRIDAY CLEs ------Walking on Your Beach? Everything You Learned About We start the weekend off at 4:00 p.m. with Christopher V. Easements in Law School But Forgot.” Kimball of CK Financial Services giving a presentation Next up at 8:30 a.m. is “Storming the Beachhead, An entitled “How Do Family Law Attorneys Divide Up the Overview of Veteran Issues Including Veterans Court and Surfboards?” Rally Point 6” presented by Steve Krupa, Krupa & Clark; Next we have a panel discussion with the interesting topic The Honorable Susan Adams, Lakewood Municipal Court; “Your Client’s Heart is Set on Getting the Beachhouse: How and Chelsea Miller, McKinley Irvin, PLLC. to Prepare for Mediation.” The panelists include Maralise Next we’ll have a Tribal Panel discussion covering Hood Quan, Andrew Hay, and retired Judges Ron everything from fishing rights to the Torts Claim Act, Culpepper and Tom Felnagle. presented by Ryan D. Dreveskracht, Galanda Broadman To finish up the Friday CLEs, we have Judges Lisa PLLC; Kristin Johnson, Assistant US Attorney; and The Worswick and Bradley Maxa of the Washington Court Honorable Randy Steckel, Tribal Court Chief Judge. of Appeals, Division II, who will offer helpful tips on Next Jennifer Andrews, Andrews & Arbenz, PLLC and “Wading through Appellate Practice Issues,” to include a Ingrid McLeod, Davies Pearson PC will present a CLE on discussion of how the COA works and how appellate skills “Navigating the Murky Waters of Family Law and LGBTQ can be transferred to other types of advocacy. Issues.” >> BEACH BARBECUE AND HOSPITALITY RECEPTION Our last CLE on Saturday is “Storytelling at Trial: A At 7:00 p.m., Rush, Hannula, Harkins & Kyler is Whale of a Tale” presented by Mark Wagner, Attorney sponsoring a social hour and McKinley Irvin is at Law; and Mark Lindquist, Pierce County Prosecuting sponsoring a barbecue on the beach. This will be followed Attorney, author of “The King of Methlehem” and “Never by a reception hosted by Gordon, Thomas, Honeywell in Mind Nirvana.” the fo’c’sle (forecastle), where free grog will be served. >> SATURDAY AFTERNOON ACTIVITIES Bar Convention Committee Members Lindsay SATURDAY CLEs ------Camandona and Heather Swann have come up with some We will start Saturday morning with a great activities for Saturday afternoon: continental breakfast sponsored by Pfau, Cochran, Vertetis, Amala, followed by Golf and Tennis: For the golfers, just next door is the more great CLEs. Alderbrook Golf Club that consistently ranks as one of the top 25 courses in the Northwest for play-ability and Our first CLE on Saturday starts at spectacular scenery. There are also two tennis courts for 8:00 a.m. with Professor John Weaver those pining for a Saturday afternoon match. of Seattle University Boating and Swimming: For those who want to enjoy a School of boat cruise, there is the Lady Alderbrook, which provides Law teaching a scenic tour of our beautiful glacier carved Hood Canal. on “Why is This cruise is sponsored by STOP (Social Treatment Everyone Opportunity Programs). The Alderbrook Resort also offers
14 PIERCE COUNTY LAWYER | July/August 2017 kayaks, paddle boards, a hydrobike, a tandem seacycle, dry land, attend “Yoga at Sunrise” and paddle boats. There is an indoor heated pool too, sponsored by YogaPalace. A open all day. continental breakfast will be served from 7:00 to 9:00 a.m. Lawn Games and Hikes: More inclined to stay on land? There will be a number of activities offered on the resort’s lawn, including bocce ball, croquet, frisbee, and SUNDAY CLEs ------badminton. In addition, there are two Geocaching courses Our first CLE, at 8:00 a.m., is an ethics skit entitled (basically high tech treasure hunts) where participants use “Short Piers and Long Walks” presented by Mark Brady GPS receivers to search for hidden containers leading to and Desiree Hosannah of the Pierce County Minority Bar prizes. For those who wish to experience nature, there are Association. beautiful natural trails surrounding the property. Or you Next up is “Uncharted Waters—The Travel Ban Case,” might just explore tidal pools on the beach. presented by Noah Purcell of the Washington State Xbox Gaming: The Alderbook Resort also offers the Xbox Solicitor General’s Office. Game Room, which has nine game stations, with an Xbox Then, Dr. Carolyn West, a Professor at the University of 360 and a 37-inch TV at each one. Additionally, there Washington, Tacoma, will present on “Human Trafficking- is one Xbox Kinect station as well. Gaming is included, How Social Media and Back Page are Used in the complimentary with your resort registration. Trafficking of Our Youth.” >> SATURDAY NIGHT BEACH PARTY Our last CLE on Sunday is “How to Ethically Navigate Your We’ll start our Saturday night festivities Case to Victory with Help from Perry Mason” – presented with a “Best Dog” Costume Contest by The Honorable John R. Hickman, Pierce County and the Young Lawyers Wine Toss, and Superior Court. This should be an entertaining way to then be treated to the “All Aboard: Social learn ethics. Hour” hosted by Palace Law and YogaPalace. I look forward to seeing you there. Remember, wind and tide wait for no one, so sign up early. The “Washington Beachcombers” Dinner is sponsored by the “galley ROOM RESERVATION hands” at Connelly DEADLINE: AUGUST 20 Law Offices, PLLC and begins at 7:00 p.m. CONVENTION REGISTRATION Dinner will be served DEADLINE: SEPTEMBER 1 beachside so come in your Beachcomber Costume. (You might win one of our Best Costume awards.) We will announce our raffle winners during the dinner. After dinner, finish the evening dancing the night away at the Captain’s Dance. Matthew H. Thomas is an Assistant United >> SUNDAY MORNING States Attorney (AUSA) in the Western District of Washington, Tacoma branch. Start the day off right at 7:00 a.m. with other brave souls He is immediate past president of the by taking the plunge in the Polar Bear Swim in Hood Tacoma-Pierce County Bar Association, Canal. Or, if you prefer warmth and and Chair of the 2017 Bar Convention.
More resort infomation @ www.alderbrookresort.com
July/August 2017 | PIERCE COUNTY LAWYER 15 Free classes at the TPCBA Convention Saturday at 1pm & Sunday morning at 7am brought to you by Yoga Palace.
Yoga Palace App Yoga Palace App like us on facebook: www.facebook.com/yogapalace.net available for download like us on facebook: www.facebook.com/yogapalace.net available for download in the App Store in the App Store “Washington Beachcombers” Bar Convention Registration
September 22-24, 2017
Complete this form (make a copy for your records) and send (with payment) or fax (with credit card information) to the Tacoma-Pierce County Bar Association, 621 Tacoma Ave. So., Suite 403, Tacoma, WA 98402. Fax (253) 627-4718. You can also go to the Bar’s website and register/pay on line at www.tpcba.com. Email [email protected]
Name of Registrant: WSBA #: Assn/Firm: Address/City/Zip: Phone: ( ) Fax: ( ) E-mail: Spouse/Guests: Children: (Please include names of spouses, guests and children for name tags)
ACTIVITY ATTORNEY SPOUSES GUESTS TOTAL AMOUNT REGISTRANT CHILDREN Registration Fee $305 No additional $305 x ___ = _____ Includes all CLEs, social hours, Saturday TPCBA Member registration charge unless spouse “Beachcomber” dinner buffet and Party and ($325 after 9/1) or guest is applying for CLE $325 x ___ = _____ more. credit (see below for additional $335 x ___ = _____ $335 Non-TPCBA member activity charges)
Friday Social No additional charge No additional charge Number Attending: ______Hosted by Rush Hannula Harkins & Kyler LLP Friday Summer Picnic Buffet No additional charge $25 $25 x ___ = _____ Sponsored by McKinley Irvin, PLLC Spouses/guests $15 x ___ = _____ $15 (children 12 & under)
Saturday Continental Breakfast No additional charge $10 $10 x ___ = _____ Sponsored by Pfau, Cochran, Vertetis, Amala Spouses/guests
“Lady Alderbrook” Boat Cruise $20 $20 $20 x ____ Sponsored by STOP (Social Treatment Registrants Spouses/guests 1:001:00pm cruise cruise ______OR OR Opportunity Programs) 2:002:00pm cruise cruise ______Golf—Alderbrook Golf Club Reserve by $50 (carts $28) $50 $50 x ___ = _____ September 1 (limited to 20). Registrants Spouses/guests $28 x ___ = _____
Saturday—”Washington Beachcombers” Party No additional charge for $40 $40 x ___ = _____ with Dinner, Costume Contest, Raffle, Music registrant spouses/guests $18 x ___ = _____ and more. Dinner sponsored by Connelly Law $18 children (ages 4-12) Offices, PLLC Sunday Continental Breakfast $10 $10 $10 x ___ = _____ Registrants Spouses/guests
PAYMENT MUST ACCOMPANY ALL REGISTRATIONS: GRAND TOTAL ENCLOSED ______
Check (payable to “TPCBA”) VISA MC
Card No. Exp.: ______3 digit security code on back of card:______
ROOM RESERVATION DEADLINE: AUGUST 20 ● CONVENTION REGISTRATION DEADLINE SEPTEMBER 1
NO REFUNDS AFTER SEPTEMBER 1 (Sorry no refunds for golf) Spouses and guests are welcome at all events. Room reservations are not required to attend the convention, however we encourage you to book your room at the Resort. For special diet requirements, call the Bar Office at 253 272-8871. You can also register online at www.tpcba.com
To make a room reservation call: 360-898- 2200 YOUNG LAWYERS REPORT BY KELLEY R. KAVANAGH
aw Day is celebrated annually on Attorney General’s office at both the WSAJ in recognition of his twenty years May 1st in recognition of the rule 9th Circuit District Court and the of service on the bench. of law, with celebrations aimed to appellate court. At the luncheon Purcell Lhelp people better understand our law spoke eloquently and insightfully on It was a successful week in which and justice system. In Pierce County the his experience challenging the ban, his members of the bar and bench seized TPCBA Young Lawyers coordinate with the opportunity to speak to students local middle schools and high schools, about how the rule of law protects our with members of the Pierce County liberties and endeavors to ensure justice. bench planning to visit classrooms to The Young Lawyers look forward to next present on the subject of Law Day and year’s Law Day. its annually selected theme. This year the theme was the 14th Amendment: Transforming American Democracy. The *If you have children attending a 14th Amendment includes three primary local school and would like see that clauses: (1) citizenship and the privileges school participate in our Law Day or immunities clause; (2) due process program, please contact the TPCBA clause; and (3) the equal protection Young Lawyers, so we can work to clause. new-found public recognition, and the add that classroom to our list. 14th Amendment. While Washington’s During the first week of May eight Young challenge to the executive order relied Lawyers paired up with ten judges to in part on the 5th Amendment due visit five classrooms at Wilson, Stadium, process clause, rather than the 14th and Bellarmine high schools*. Typically, Amendment, the Young Lawyers focused the lawyer-judge presentation includes on the broader theme of due process in a discussion of the Law Day theme as Kelley Kavanagh is awarding Mr. Purcell the Liberty Bell 2017 President of well as a description of the paths the Award. individual attorneys and judges have the Young Lawyers taken in their respective careers. Section. After five days of classroom visits, the week of Law Day culminates in a luncheon at CI Shenanigans, which all The TPCBA Young the members of the TPCBA are invited to attend. This year our keynote speaker Lawyers meet on the and recipient of the Liberty Bell Award, first Tuesday of given in recognition of the spirit of Law every month at 5:30 pm Day, was Noah Purcell, Solicitor General at the of the State of Washington. Purcell has Pierce County Department gained increasing recognition for his role of Assigned Counsel in Washington’s challenge of President Also recognized at the luncheon was the Trump’s travel ban executive order. 949 Market Street, Suite 334 Honorable Judge Bryan Chushcoff, who Tacoma, WA Purcell successfully argued his position was presented with an award from the on behalf of Washington through the
18 PIERCE COUNTY LAWYER | July/August 2017 Are you planning to attend the TPCBA LAWYERPALOOZA V on Saturday, Aug. 5 from 3:00 PM until 3:00 AM? Are you one of the over 600+ that will be there? Don’t miss it! This is one of the best “Bar” happenings of the year! There will be FREE food, beer, wine, games (softball, croquet, etc., etc.), and LIVE MUSIC (internationally acclaimed guitar legend, Jerry Miller; Sub-Vinyl Jukebox and the O’s). There’s no agenda and everyone is welcome (members, families, friends) but NO DOGS PLEASE. So let’s gather at Martin Duenhoelter’s farm in Olalla (just 10 minutes from the bridge). Bring a blanket or lawn chair, sunglasses and hat because it’s going to be another hot day. Also bring a dessert or side dish to share. Bring your camper! There’s plenty of room (several acres) to stay over. If you plan to bring your camper and it’s an oversized one, for planning purposes please let the Bar office know (253-272-8871). So gather up your family on Saturday (or just bring yourself)... but be there! If you don’t attend, you will wonder what everyone is talking about at the water-cooler on Monday, and days thereafter... don’t be left out!!! PS: Your GPS navigation will not find the farm so please follow the map for directions. Instructions to find Martin Duenhoelter's Farm 2763 SE 160th Street, Olalla The Tacoma-Pierce County Bar Association
Celebrates the 10th Anniversary of Love Stinks LOVELOVE STINKSSTINKS XX Friday, October 27, 2017
8:00 am – 4:30 pm CI Shenanigans, 3017 Ruston Way, Tacoma, WA
Seminar Coordinators Commissioner Diana L. Kiesel and Cameron J. Fleury, Emcee
7:30 a.m. – 8:00 a.m. Registration – Breakast
8:00 a.m. – 9:00 a.m. Relocation Issues Presented by Heather M. Young, Tuell & Young, PS
9:00 a.m – 10:00 a.m. Trust Account Pitfalls to Avoid Presented by Cheryl M. Huett, WSBA
10:00 a.m. – 10:15 a.m. Break
10:15 a.m. – 11:15 a.m. Pre/Post Nuptial Agreements Presented by Jeffrey A. Robinson, Law Offices of Robinson & Cook
11:15 a.m. – 12:15 p.m. TPCBA Family Law Section Skit
12:15 p.m. – 1:15 p.m. Lunch – Provided/Drawings
1:15 p.m. – 2:15 p.m. DVPO/SAPO and ERPO Issues Presented by Kevin G. Rundle, Lutz Law Offices, PS
2:15 p.m. – 3:15 p.m. Preparing the Client for Settlement Conference and Trial Presented by Marc Christianson, McKinley Irvin, PLLC
3:15 p.m. – 3:30 p.m. Break
3:30 p.m. – 4:30 p.m. Collection and Enforcement of Judgments Presented by Darren R. Krattli and Alexander S. Kleinberg, Eisenhower Carlson, PLLC
4:30 p.m. – 5:00 p.m. Evaluations
Seminar includes breakfast and lunch
TPCBA Love Stinks X Registration – 10/27/17 7 CLE Credits Pending NAME: WSBA #: Approval (6 general/1 ethics) ADDRESS:
PHONE/EMAIL:
Cost: TPCBA Members $200 Non-Members $225 Legal Support Staff/Students $100 Check Enclosed Visa Mastercard
Card #: Expiration Date: 3 Digit Security Code: Mail registration form & payment to: Tacoma-Pierce County Bar Association, 621 Tacoma Avenue South, Suite 403 Tacoma, WA 98402. E-mail: [email protected] Phone: 253-272-8871 to register by phone. Fax: 253-627-4718. QUESTIONS: 253 272-8871 You can also register on-line at tpcba.com PIERCE COUNTY LAWYER Advertising Rates & Specifications The Journal of the Tacoma-Pierce County Bar Association January - 2017 Kit Kasner • [email protected] •253 272-8871
Circulation: The Pierce County Lawyer circulation is 1,500. It is Display Ads need to be in one of the following graphic a full-color bi-monthly publication (printed 6 times per year: formats: JAN/FEB, MAR/APR, MAY/JUNE, JULY/AUG, SEPT/OCT, • PDF: A CMYK high-resolution 300-dpi same-size file is NOV/DEC) and is provided to all active members of the required. Embed all fonts and high-resolution graphics in the Tacoma-Pierce County Bar Association, including Judges and file. All platforms are acceptable. Do not set trap. Commissioners of the following courts: US District Court, • EPS (Encapsulated Postscript): In CMYK format; all fonts Pierce County Superior Court, District Court, Tacoma must be changed to outlines; all graphic elements within the Municipal Court and Washington Court of Appeals; plus ad must be included or embedded in the file. elected officials, legal assistants, other bar associations and • TIFF: A CMYK high-resolution 300-dpi same-size file is selected legal professional organizations. required.
• Ads in Microsoft Publisher will not be accepted. All Articles, Editorials, Letters to the Editor, etc. should be CMYK is the only accepted color format. sent (on or before the publication due date) in WORD format. We encourage writers to submit photo(s) with their Issue and Closing Dates/Deadlines: articles. Ads must be sent in PDF or one of the graphic formats described. Bi-monthly Pierce County Deadline for All Articles Lawyer Issue and Advertising Pierce County Lawyer Advertising January/February 2017 December 5, 2016 The TPCBA accepts paid advertisements for products and/or March/April 2017 February 8, 2017 services which are related to the purposes of the TPCBA and May/June 2017 April 7, 2017 its members. July/August 2017 June 6, 2017
Display Advertising Net Rates Per Issue September/October 2017 August 8, 2017 November/December 2017 October 9, 2017 STANDARD OPTIMAL SIZE RATES RATES AD SIZES MEMBERS NON-MEMBERS Advertising Deadline Single Issue Single Issue There will be no flexibility in the time schedule. The deadline 1/8 Page 3.5” wide x 2.25” tall $215 $355 is the same for articles and ads. 1/4 Page 3.5” wide x 4.75” tall $270 $380
Half- 7.25” wide x 4.75” tall $300 $430 How to Submit Articles, Ads and Payment Page (no bleed). Note: the width, -Horizontal 7.25" is the most important, Email your articles to [email protected]. Articles, editorials, the height of the ad can letters to the Editor, classifieds must be sent in WORD.
vary 4.75" or less. Email display advertising to [email protected] in one of the Half- 3.5” wide x 9.75” tall $300 $430 graphic formats noted above. Layout must be completed by (no bleed) Page the advertiser. Monthly advertisers will be invoiced at the -Vertical completion of the publication. For new advertisers PAYMENT Full-Page 8.5” x 11” $400 $627 (with 0.125” bleeds and MUST ACCOMPANY ADS. Visa/MC accepted. crop marks) Note: If crop marks are not Additional Information possible, or you are not sure how to include them in the Questions call: Kit Kasner, Executive Director file, ad should be 8.75” x Phone (253) 272-8871, Fax 627-4718, Email [email protected] 11.25” total, with all text and important images at All submissions are subject to review by the Pierce County least .25” away from the Lawyer Magazine Committee. Editing decisions will be based edges. on issues of readability and propriety, space and relevance to
the field of information and referral. Preferred Positions (for one year, 6-times ads only) Inside front cover (full page) $550 Mbrs $727 Non-Mbrs The products and services which are advertised in the Pierce
Inside back cover (full page) $550 Mbrs $727 Non-Mbrs County Lawyer do not necessarily imply endorsement by the Outside back cover (½ page) $600 Mbrs $900 Non-Mbrs TPCBA or its membership.
(Prices include full-color process) THE TACOMA-PIERCE COUNTY BAR ASSOCIATION Binding method: saddlestitch. Pages per Issue: 40+ RESERVES THE RIGHT TO REFUSE ADVERTISING
Classified Advertising: $125 Members/$170 Non-Members 25 words or less/.25 each additional word TPCBA CONGRATULATES ITS LOCAL STARS
From left - John Lombino, James Lopez and Joey Lombino. John and Joey are the sons of attorney Joe Lombino and Yvonne. John is the Traffic Department Administrator at Lombino Martino, P.S. Joey has just passed the WSBA exam and is an attorney at Lombino Martino. James Lopez Inducted Into the Baseball Hall of Fame On June 4, 2017, James Lopez was inducted into the Tacoma- Pierce County Baseball Hall of Fame of the Tacoma-Pierce County Baseball-Softball Oldtimers Association Hall of Fame. The banquet was held at the McGavick Conference Center From left - Susie in Lakewood. Many attended the banquet including TPCBA Fujita, James Lopez members John and Joey Lombino, and Garry and Susie Fujita. and attorney Garry Fujita. Garry is A hearty congratulations to Jim Lopez, longtime TPCBA a tax attorney at member who coordinated our first five TPCBA Baseball Eisenhower Carlson, (Sports Law) CLEs at Cheney Stadium. PLLC.
Jim... The TPCBA members are all proud of you!
Two Statewide Wsba Awards Presented To Ag’s Office:
Congratulations to Assistant Attorney has made a significant contribution to General, Renee the legal profession, the justice system, Morioka, for and the public. receiving the 2017 Angelo Congratulations to Lionel Greaves Petruss Award who won the from the WSBA WSBA Apex for Excellence Award for in Public Law Excellence in Service. Diversity. Angelo Petruss Award for Lawyers in Excellence in Government Service is named in honor Diversity Award of Angelo R. Petruss, a senior assistant is awarded to a attorney general who passed away lawyer, law firm, during his term of service on the WSBA or law-related group that has made a Board of Governors. This award is given significant contribution to diversity in to a lawyer in government service who the legal profession.
July/August 2017 | PIERCE COUNTY LAWYER 23
We get the calls...
Join the TPCBA’s Lawyer Referral Service
Become a Panel Member today! Lawyer Referral Service (253) 383-3432 Our members [email protected] get the cases
July/August 2017 | PIERCE COUNTY LAWYER 25 MILITARY LAW
Military Justice Update1
By Steve Krupa
Introduction In another major change, sentencing in a members trial will now be handled by the military judge alone unless the accused Prior to leaving office President Obama signed the National elects to be sentenced by the members. It is believed that this Defense Authorization Act for Fiscal Year 2017. The Act, was put in place to combat sentencing disparity. Sentencing commonly referred to as the NDAA, was eagerly awaited by disparity has been a sore point for many outside observers of military justice practitioners because it was to contain major the Military Justice system. Accordingly, the Act also mandates changes to the Military Justice process. This particular section that sentencing data be obtained and reviewed by a newly of the NDAA known as the Military Justice Act of 2016 did required “Military Justice Review Panel” and that a report be not fail to deliver. The following outlines some of the major 2 issued to Congress on military sentencing reform no later than changes. October 31, 2020. Trial Issues Pre-trial Issues A new class of Special Court Martial (SPCM) has been Certain members of Congress have loudly complained that created. This Judge-alone SPCM has a penalty cap of 6 months the Military Justice system is broken especially with regard confinement and pay forfeitures and cannot result in a Bad to how it handles sexual assault allegations. Their perception Conduct Discharge. Interestingly, with the consent of the was that Commanders and Convening Authorities were too parties, the Judge can designate a military magistrate to preside lax in investigation and too lenient in disposition of these over the SPCM.3 It is anticipated that these SPCMs will be used cases. Two provisions of the Act seem to directly address those for low level offenses akin to simple misdemeanor behavior in concerns. In the first, the Secretary of Defense will be required the civilian world. to issue non-binding guidance that Commanders, Convening Courts Martial will now have a fixed number of members.4 Authorities, and Military Prosecutors must take into account Under the current system a non-judge alone SPCM trial had with regard to dispositions of charging. In the second, it is to have not less than 3 members and a General Court Martial memorialized that Staff Judge Advocates must take into account not less than 5 members.5 The Act designates that a SPCM have the “interest of justice and discipline” when making charging 4 members and GCM have 8 members. The government will recommendations and that Convening Authorities must need three fourths of the panel to obtain a conviction, thus a consult with a Judge Advocate on relevant legal issues. It is SPCM will require 3 members and a GCM 6 members voting believed that these provisions will put an even greater emphasis to convict. These changes appear to be more favorable to the on the current trend that all allegations of sexual assault will accused. proceed to Court Martial.
1. This article is written in my civilian capacity. It does not reflect the views or 3. A magistrate is a JAG officer generally assigned to the Administrative Law opinions of the United States Army or any other service branch. It is intended to Division of the installation’s Office of the Staff Judge Advocate. be informational only. 4. In civilian terms, “members” means jurors. 2. It should be noted that these changes do not have an effective date but must be implemented no later than January 1, 2019. 5. Capital Cases will have twelve members.
26 PIERCE COUNTY LAWYER | July/August 2017 In a further nod to victim’s rights, Defense Counsel will be act does away with the requirement that enlisted members be required to request interviews of all alleged victims (not just from a different unit than the accused. The statute of limitations those in sex offenses) through the Victim’s Legal Counsel or for child abuse cases will be extended to 10 years or the life other counsel, if applicable. Any such interviews must only take of the child (whichever is longest). Summary Court Martials place in the presence of Government Counsel, victim’s counsel, (SCMs) are now specifically designated as non-criminal forums or the designated victim’s advocate. with a guilty finding specifically designated as non-criminal. And finally, in an apparent slight to the Sea Services, the Post-Trial Issues authority to impose confinement on bread and water in non- Once again attempting to limit Commander and Convening judicial punishments has been eliminated. Authorities ability to affect the process (and disapprove findings and sentences), the Act also contains major revisions to post- Conclusion trial processing. For example, GCM and SPCM sentences will In addition to many other changes, there are significant and become self-executing and immediately effective without the extensive revisions and additions to the punitive articles which need for action by the Convening Authority. Furthermore, the may be the subject of a future article. As always, please feel free Convening Authority can take no action on the findings and to contact me with Military Law questions. only very limited action on the sentencing in all cases where the maximum sentence allowed for the offense of conviction is 2 or more years, where the total confinement is more than 6 months, where the sentence includes a dismissal, dishonorable or bad conduct discharge or where the accused is found guilty of most sex offenses. Steve Krupa is a partner at the Law Offices of Krupa & Clark. He is also a Lieutenant Colonel in the United States Army Reserve with over 19 Other Issues years of service. He practices Military Criminal An enlisted accused can now request that enlisted members and Administrative Law, and Criminal and Civil make up at least one third of the membership. Interestingly, the Defense in Federal and State Courts.
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2016 GTH T&E Planninig 7.5x4.75_F.indd 1 6/3/16 2:11 PM July/August 2017 | PIERCE COUNTY LAWYER 27 PROFILE
Professor John Weaver By John R. Christensen
recently had the pleasure of sitting driving cross-county and getting to A: There are only three of us left from down with Seattle University Tacoma and seeing the Mountain and the original group in 1972, Charles School of Law Professor John the Sound for the first time. I was Wiggins, myself, and Dick Settle. Some IWeaver, over some very good Thai food, instantly hooked and we’ve lived here of the others who started in 1972 to discuss his upcoming retirement ever since. included Jim Beaver, Tom Holdych, from teaching and his over half-century Peter Tillers and Anita Steele as the first in the legal profession. law school librarian. Q: What does a person do after Q: You’ve been in the law for over teaching law students for nearly 50 years and teaching it for 45 half a century? years, what keeps you motivated? A: Get serious with finishing my two A: It may sound cliché but it’s the mystery novels, one of which is set in students. Each year there is a new class a law school, get in my car and drive, with new ideas. Every class is a work take another cruise and maybe learn a in progress.With each new question fourth chord on the guitar for my square we garner new knowledge. They might dancing music. I’ve got a lot of irons in think they’re learning about property the fire. But mostly just enjoying time law or the rule against perpetuities, but with my wife, Ginger, and traveling. what I’m really trying to impart is the Q: The law seems to run in your art of critical thinking and analysis. family. Q: Speaking of that, I’ve been a lawyer for a while and I’ve never A: Yes. My wife Ginger is a recovering had the occasion to use the Rule attorney and a great mystery writer, and against Perpetuities. our daughter Hannah is an attorney A: with Vail and Cross-Euteneier in An old student of mine consulted Tacoma. with me about the Rule for an appellate Q: Coming from two storied brief he was writing, so it does come up Q: You’ve seen the inception of two institutions of academia, what was from time to time. law schools with UPS and SU. Tell us it like starting the UPS Law School what it was like at the beginning of from the ground up? Q: Any memorable or famous law the UPS School of Law. students? A: There were no ivy clad towers or A: A: Out of law school I started with a chandeliered reading halls. Our first Well, I wouldn’t say famous, more 36-attorney law firm in Indianapolis classrooms were located in a two- like infamous. Ted Bundy was a first practicing real estate law. I had always story office building at the Benaroya year student at the South Tacoma been interested in academia, then I business park on South Tacoma location in 1972. He dropped out after heard of a job fair for law professors Way. We were right under the JBLM the first year. in Chicago. That’s where I met Dean flight path and classes were routinely Q: What was the transition to Sinclitico who had a vision of starting stopped when planes were overhead. Seattle University like? a law school in the Northwest at a The nature of the student body was A: The sale of the law school came as university called Puget Sound. The next also untraditional. Because we offered total surprise to everyone. We were thing you know I’m packing up the car evening classes we attracted an older told we were being “transferred” to and heading to Tacoma. and more diverse student, including Seattle. When we arrived we were Q: Had you ever been to Tacoma many women entering the law. Many welcomed with open arms by the SU before? of the students and faculty were the administration and faculty. With the same age so there was a “we’re in this A: Never. I did my undergraduate at integration into the main campus came together” idea that made the early years new opportunities, like the joint JD/ Dartmouth in Hanover, New Hampshire special. and then I attended the University of MBA program and other cross training Who were some of the original Michigan School of Law in Ann Arbor, Q: programs. It’s really been a positive UPS law professors that you started experience seeing the law school grow so the Pacific Northwest was a totally with? new experience for me. I still remember and expand.
28 PIERCE COUNTY LAWYER | July/August 2017 Q: Despite teaching in Seattle, A: Yes, of course. I think it started On behalf of myself and we see you a lot in Tacoma with a student asking a question that participating in TPCBA boards and he thought would result in a short the thousands of other events. Are we still going to see you answer and then getting a more detailed after your official retirement from students you’ve helped SU? explanation that made his eyes glaze over. That’s an occupational hazard of A: Yes, I’m going to continue my role as being a law professor. navigate through law the SU liaison to the Tacoma and South school, thank you and Sound legal communities. I’ll continue to work with the TPCBA Board and I’ll best wishes for a long and be working with SU to bring legal jobs to the South Sound with the Center for happy retirement. Professional Development, which is the new law school Placement Office. Q: I couldn’t end the interview without asking if you heard John Christensen is a partner at Evergreen Personal Injury Counsel in students refer to the great Gary Tacoma. He is past president of the TPCBA and serves on the Pierce Wright song “Dream Weaver”? County Lawyer Magazine Committee/Editorial Board.
July/August 2017 | PIERCE COUNTY LAWYER 29 Clients, attorneys and judges THAT’S NOT FAIR! may look at the bottom line By Christopher Kimball when it comes to valuing “Life isn’t fair.” was kidding. She wasn’t… bank accounts, retirement Things are different now. People have That’s what my wife informed me more “stuff” than they need. Nowhere plans, homes, and other shortly after we were married. I came is this more apparent than when from a home where fairness was witnessing a divorce. Divorcing couples assets without considering practically a religion. My English argue over who gets three of the five the possible after-tax worth. mother had lived through World War family vehicles, or which of the six II—a time when scarcity was a way of retirement accounts are awarded to life. For example, each family living in which spouse. London at the time was allocated ONE Although my wife has convinced me example, one spouse might have an egg per week. That’s right; one egg per life really isn’t fair, as a collaborative emotional attachment to the old, used week per family. That was it. financial specialist it’s my job to help tickets to the Beatles 1964 Hollywood I remember when I was growing up, divorcing couples divide their assets Bowl show which eclipses their actual my mom would count out the Brussel as equitably as possible. Because of value. our complicated (dare I say “far too sprouts at dinner to be sure everyone complicated”) tax code, this is easier In some cases, there might be got exactly the same number of said said than done. deception. sprouts. The first time my wife ate dinner at our home and experienced Of course, there are other mitigating Husband: “The only car I own is an the Brussel-sprout-counting tradition, factors which might obfuscate the old ’63 Chevy.” Reality: The “old, ’63 she started laughing, thinking my mom relative value of certain items. For Chevy” is actually a 1963 split-window
30 PIERCE COUNTY LAWYER | July/August 2017 Corvette Z06 big tank worth $350,000. Generally speaking, a ROTH IRA is 1/2. The poor sap who agreed to take tax free if held for at least 5 years and the traditional IRA because the judge Often, however, inequities are simply distributions occur after age 59-1/2 thought IRAs were all the same is not the result of a lack of knowledge (with some exceptions). A traditional only getting less, but can’t get to any concerning the IRS tax code. Clients, IRA which has been funded with pre- of it before 59-1/2 without a penalty. attorneys and judges may look at the tax contributions is taxed at ordinary There are exceptions, of course (it bottom line when it comes to valuing income-tax rates if distributions are wouldn’t be a part of the US tax code bank accounts, retirement plans, taken after 59-1/2. With very few if it didn’t have a bunch of confusing homes, and other assets without exceptions, distributions taken from a exceptions) which allow access to a considering the possible after-tax traditional IRA without penalties, worth. traditional IRA before age 59-1/2 are saddled with an additional 10% penalty but since this article isn’t supposed to It is very tricky to peer into the future tax. Distributions from a ROTH IRA constitute the entirety of the next 40 and know what the tax situation will are generally considered first to be issues of the Pierce County Lawyer, I be for a particular individual, let alone a return of the contributions made won’t go into them now. the Country. Still, it’s probably safe to and are received without any taxes or Things get even more exciting when assume if someone takes a $200,000 penalties—only the growth needs to real estate is involved. $250,000 taxable distribution from a retirement remain for the five-year/age 59-1/2 exemption, $500,000 exemption, capital account, no matter who is president the time period. I know by now this article gains, 2 out of the last 5 years, basis Government will get a slice of the pie. might be beginning to solve your recapture, etc. etc. etc.—it’s enough to insomnia problem, but stick with me make your head spin. Did I mention just a little while longer. It will be worth President Trump may change all this? ...what if the distributi on it. I promise. Unless you aren’t a family- law attorney, aren’t married, don’t know I recently heard a very competent comes from an account that anyone who is married, or don’t give financial specialist say after-tax a rat’s fanny about relationships or numbers are rarely considered in is tax-free? What if only money. divorce cases. In my humble opinion, this should not be! Even assuming both spouses are in a some of the money wi ll be low, 15% tax bracket, the net value of I freely admit my wife is right—we can’t make things completely fair. With taxed? a $100,000 ROTH IRA is $100,000. The net value of a $100,000 traditional careful planning and strategizing, IRA is $85,000 (assuming there is however, even in a divorce case we can other income placing the entire IRA come a lot closer to giving everyone the same number of Brussel sprouts. But what if the distribution comes from distribution in the 15% bracket). an account that is tax-free? What if only Please remember these are general some of the money will be taxed? What concepts and should not be used as if some of the money will be taxed at a basis for any financial decisions the ordinary-income tax rate and some I recently heard a very without consulting a financial advisor, at the lower, capital-gains rate? Did you CPA, attorney, and any other relevant know there are two capital-gains rates competent financial professionals. depending on income? Did you know there are seven different income-tax specialist say after- brackets (eight if you count the 20% tax numbers are rarely Christopher Kimball, capital-gains rate)? Did you know CFP, MSFS, AEP, President Trump is about to completely CMFC, CLTC, of CK considered in divorce cases. Financial Services, change all that? Did you know I could LLC, in Lakewood, keep asking questions until your head In my humble opini on, this will be presenting explodes? at the 23rd Annual Bar Convention in Regardless of how confusing this all should not be! September. sounds (and if you try to tell me it’s not confusing you’re obviously a politician), the fact remains that a taxable Not only that, there’s a very good investment worth $100,000 is NOT possibility the lucky spouse who gets worth the same as a tax-free investment the ROTH IRA can access some of of $100,000. the funds with no taxes or penalties Let’s take a look at an example: without having to wait until age 59-
July/August 2017 | PIERCE COUNTY LAWYER 31 second plenary: “Embracing the Robert Lee and Rhiannon Williams Young Child: Parenting Plans that Stimulate Growth.” This presentation focused on her research and study of children and the effect of different parenting plan models. It was surprising to learn the incredible breadth of research on parenting plans and child outcomes. Workshops covered topics including Pragmatics of a Developmental Systems Approach to Parenting Plans: Panel Discussion; Attorney and Parenting Evaluator: Collaboration Annual WA-AFCC to Best Serve the Modern Family; Frances Kevetter and Amanda Cook Conference Protecting Children from Conflict; Crafting Age Appropriate Parenting Plans; Unsolvable Problems: By Frances Kevetter Relocation in the 21th Century; and Same Sex Parenting: Legal Questions, id you miss “Parents Come Research Needs, and Practical in All Sizes and Forms,” Solutions. the 6th Annual WA-AFCC A silent auction was held offering DConference? This is the most delights ranging from art work to economical source of CLEs in the weekend get-aways. There were tickets State (although I must admit that for hockey games and for Mariners TPCBA does a better working games. A no-host bar was open for vacation weekend). the auction. All the speakers from March 25, 2017 saw 11 or more each workshop were there. It was Suzanne Dircks and Debra Morse intrepid Pierce County practitioners an incredible celebration of many in various disciplines descend upon disciplines coming together to learn, the Washington Athletic Club in to network, to tell war stories, and to downtown Seattle for the WA-AFCC gain encouragement and support in Conference: Washington Chapter what is too often a very emotionally of the Association of Family and discouraging endeavor: helping Conciliation Courts. Notable faces families in crises and improving included Tracy Burgess, Amanda outcomes for the children involved. Cook, Suzanne Dircks, Cameron Next year, let’s all plan to get Fleury, Desiree Hosannah, Vernon together for this informative and fun Hosannah, Robert Lee, Loren Conference – and don’t forget who McCollum, Debra Morse, Rhiannon you can carpool with! Williams-Sanchez, Heather Young, and me. If I missed you, I am sorry. Many of these individuals carpooled Cameron Fleury and and, next year, you’ll know who to call Heather Young Frances W. Kevetter is an attorney who to join for the trip to Seattle. has been serving on the Pierce County Bill Eddy presented the first plenary: GAL Registry since 2004. As a member of WA-AFCC she also serves on the Board “High Conflict Parents – Making of Directors. Please visit the WA-AFCC and Following Parenting Plans.” He website or contact Frances for more spoke of his work generally and then information about AFCC and how it serves his most recent efforts to create a our Family Law practitioners. program of early intervention. Early intervention, focusing on parenting education, focused on behavior, has shown great promise. Marsha Pruitt-Kline presented the
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By Laurie Davenport
Welcome to Hoken Aldrich! WOW! The Run for Equal DPA Erica Eggertson-“Hawk Girl”, DPA Justice raises over $7,000 Cort O'Connor-“Superman”, DPA Sarah Please welcome for Civil Legal Aid! Richardson-“Green Lantern”, Legal Hoken Aldrich Assistant Shannon Sullins- “Supergirl” to the VLS staff! Thank you to Gordon Thomas and Legal Assistant Joy Brinkman- Hoken will be Honeywell, McGavick Graves, the “Wonder Woman.” working with Pierce County Prosecutor’s Office, the the South Sound Immigrant Survivors Project and a new project for the VLS Program, a collaboration with the QLaw Foundation to manage a statewide clinic/referral system to meet the civil legal needs of low-income LGBTQ clients. Hoken graduated from the University of Nebraska at Omaha with a Bachelor of Arts degree in Composition and Rhetoric before enrolling in Creighton University School of Law in 2012. During law school Hoken served as the Editor-in-Chief of the Creighton International and Comparative Law Journal and participated in moot court competitions. After graduation and the bar, he moved to the Pacific Northwest Our Justice League finishing photo from the race. We had a great time, and met up at the with his wife, who is active-duty Air end to cross the finish line. Our team members are DPA Erica Eggertson-“Hawk Girl”, DPA Cort O’Connor-“Superman”, DPA Sarah Richardson-“Green Lantern”, Legal Assistant Force. Shannon Sullins- “Supergirl” and Legal Assistant Joy Brinkman-“Wonder Woman” Since settling in Tacoma, Hoken has practiced landlord-tenant law with the Housing Justice Project where he Tacoma Office of the Attorney General, The website remains open for donations advocates for tenants during eviction Connelly Law Offices, the Department and a look at all the great photos from proceedings. In 2016 Hoken was given of Assigned Counsel and the Volunteer 2017 and past years: the Housing Justice Project Volunteer Legal Services Program, who all fielded Attorney of the Year Award for his competitive relay teams to run the RunForEqualJustice.com commitment and service to low-income 26.2-mile Tacoma City Marathon to families in the Greater Tacoma area. raise money to support civil legal aid More recently, Hoken practiced family programs in Washington (including law at the Law Office of Mike Moceri our VLS Program). Our Justice League before joining the team at Tacoma-Pierce finishing photo from the race. We had a County Bar Association Volunteer Legal great time, and met up at the end to cross Services. the finish line. Our team members are
34 PIERCE COUNTY LAWYER | July/August 2017 photos from
A civil legal issue can be any legal matter which does not involve defense of a criminal charge. The ability to solve a civil legal problem can be life-changing, but access to an attorney who can help is almost always out of reach for low-income people and marginalized populations. The most common civil legal issues seen by the Volunteer Legal Services Program, which utilizes the generous participation of local volunteer attorneys as well as paid staff attorneys to do its work, include family law, landlord- tenant issues, bankruptcy, foreclosure, domestic violence protection orders, wills and estates, guardianship, record expungement and juvenile record Puyallup Tribe of Indians The Volunteer Legal Services Program sealing. The recent 2015 update to the Makes Historic Donation thanks Pierce County Prosecutor Mark Washington State Supreme Court’s Civil Legal Needs Study identifies Native to Support Volunteer Lindquist and Chief of Staff Dawn Farina (pictured in the photo above with Laurie Americans in Washington as the group Legal Services Community among those surveyed with the highest Programs! Davenport, Volunteer Legal Services Program Director, and Bill Sterud, number of unmet civil legal needs. Chair of the Puyallup Tribal Council) A generous donation from Laurie Davenport is Director of the Tacoma- for facilitating this groundbreaking the Puyallup Tribe of Indians Pierce County Bar Association Volunteer Legal donation, which is believed to constitute Services Program. will allow the Tacoma-Pierce the first time a tribal government has County Bar Foundation to provided direct funding to a volunteer attorney program in Washington State. significantly increase civil FOR YOUR CALENDAR: legal aid programs available This agreement will have a significant impact in the community. It will permit Thursday, October 26, 2017 to Native Americans and the expansion of free civil legal aid Tacoma Pro Bono Night, 5-7pm the entire Pierce County available to Puyallup Tribal members at the Tacoma Art Museum and Urban Indian People (American community. Featured Speaker Washington State Indians, Alaska Native and First Nations Attorney General Bob Ferguson. On May 25, 2017, the Puyallup Tribal People) in Pierce County through the Don’t miss it! Watch for more Council confirmed an agreement development of programs designed to information soon but get this on your with the Tacoma-Pierce County Bar meet the specific and unique needs of calendar now. If you are interested in Foundation to provide $200,000 in this population, and will provide much being an event sponsor, contact vls@ funding to the Tacoma-Pierce County needed general support for existing free tacomaprobono.org. Volunteer Legal Services Program to civil legal aid programs operated by the expand Pierce County civil legal aid Volunteer Legal Services Program for the programs. greater Pierce County community.
July/August 2017 | PIERCE COUNTY LAWYER 35 We protect what our clients value most.
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