Spring 2004 SEATTLE UNIVERSITY 2

IN THIS ISSUE FROM THE DEAN Dean's Note ...... 2 jUDICIAL REVIEW New Director of Development...... 3 Fall 2004 CLE Programs ...... 3 An impressive presence Justice Charles Johnson '76 ...... 4 Thurgood Marshall 's Clerk ...... 5 Federal District Court Judge Beistline '74 ...... 5 Appellate Court Judges Houghton '79, Seinfeld '77, Quinn-Brintnall '80 ...... 6-7 Judges C hurchill '86 and Hayden '76 ...... 8 Judge Deborah Fleck '76 ...... 9 Judges Sowards '93 and C uthbertson '93 ...... 10 Judge Judith Hightower '73 ...... 11 Judges Snyder '75 and Alley '86 ...... 12 Professors Bond and Reutlinger Retire ...... 13 Faculty Fellow and Book Review ...... 14 From Brown to Grutter ...... 15 Law School News ...... 16 Part II - South Africa ...... 17 Class Notes ...... 18-19

The Seattle University Lawyer is published by the Seattle University School of Law Office of Alumni Relations.

We welcome and encourage correspondence from graduates. Send comments or address changes to: Office of Alumni Programs Seattle University School of Law 901 12th Ave., Sullivan Hall P.O. Box 222000 Seattle, WA 98122-1090 www.law.seattleu.edu/ alumni Dean Hasl and judge Jack Nevin, judge Dean Morgan, justice Charles Johnson met in Vladivostok last fall. [email protected]

©Seattle University 2004 . All rights reserved. n this issue of The L awyer, we recognize our dynamic relationship with the judiciary, from those we are proud to note are alumni to all those friends and supporters of the School of Law. EDITOR I Members of the judiciary enrich the lives of our faculty members and students through their Eva Mitchell participation in our academic program in several ways. They are involved with faculty, participants Director of Alumni Relations in our moot court or trial advocacy programs, and speakers at our CLE programs. [email protected] As a relatively young school that has only been in existence for 32 years, we have produced some remarkable graduates who have been elected or appointed to judicial positions, including the AssociATE EDITOR Washington State Supreme Court, the W ashington Court of Appeals, many of the state's trial Helane Davis courts, and trial and appellate positions in other states' courts as well. A graduate in the inaugural Publications Coordinator graduating class in the summer of 1974, Ralph Beistline '76, is serving as a U.S. u the School of Law, we seek to CONTRIBUTING WRITERS District Judge in Anchorage, Alaska. As At Susan Ahearn, Ann Bennett, Professor Melinda Branscomb time passes, I am confident that the School establish strong relationships with the Richard Farr, Professor Betsy Hollingsworth, of Law will only increase the number of its as well as Professor John Mitchell, Joan Watt graduates serving in judicial positions. Washington state judiciary, O ur roster of part-time faculty members with state and federal judges throughout PHOTOGRAPHERS includes, and has included since its found­ the relationship Janet Klinger, Eva Mitchell, Ross Mulhausen ing, judges who teach courses throughout the country. Moreover, the semester. These individuals bring their is reciprocal, because School of Law DESIGN experience and insights into the classroom have been very active in Dave Peters, Tacoma to give students a realistic sense of the faculty members responsibilities that come with a law degree judicial education activities, and PRINTING and a license to practice. Through the judi­ to support judges' Pollard Group, Tacoma cial externship program, other judges su­ especially willing pervise our students in hands-on work in unpopular but courageous decisions ON THE COVER: the courts. Externships can provide a challenge those rulings." Left to right: Division II Court of Appeals judges Chris Quinn­ unique opportunity for students to spend when the media Brintnall '80, Karen Seinfeld '77, and Elaine Houghton '79 an entire semester in a clerking relationship with a judge. To make a donation online: www.law.seattleu.edu/giving Many judges are willing to come to campus to judge moot appellate and trial competitions, as See law school events online: www.law.seattleu.edu/ do cket well as appellate arguments in the Legal Writing program and trials in the Trial Advocacy course. 'Students benefit enormously from the practical critiques and evaluations these judges provide. Members of the judiciary also participate in our newly developed roster of CLE programs, educat­ ing students and lawyers about various subjects, including the use of technology in the courtroom, trial practice, and professional ethics. From the editor Judges have been an integral part of the life of the school in other ways, including participation in the newly established William Dwyer Inn of Court, jointly sponsored by Seattle University and When I attend various bar association and law school functions the University of Washington. The Washington State Gender and Justice Commission and the around the state, I often notice that attorneys- who are familiar, Washington State Minority and Justice Commission have sponsored pivotal programs at the law even friends, with judges- address judges as "Good evening, Your school. Among them was the recent Color of Justice program designed to encourage careers in law Honor" or "H ello, Judge." The familiar, first name greeting is rarely among Native American students. Through a grant from the Foundation for Russian American used. Indeed, the formality of the greeting conveys the attorneys' Economic Cooperation (FRAEC), the School of Law participated in an exchange program between respect for their esteemed colleagues. In this issue of the Lawyer the judges from Western Washington and judges in the Russian Far East to help establish the Rule of basis for this respect is clear. Yo u will feel it when you read the con­ Law in the newly formed Russian Federation. A similar program seeks to develop exchanges between versations with thirteen judges, as they share how their dedication to Mexican and Western Washington judges, primarily to assist the Mexican judiciary in making the the ethos of upholding the law with firmness, compassion and jus­ transition from an inquisitional to an adversarial system in criminal cases. tice, differs for each person. Among related articles are features on This issue shares many stories of cooperation, affiliation and partnership between judges and the student externships, fac ulty achievements, the popular Class Notes law school- stories which are compelling because of the way judicial involvement enhances learn­ column, and the review of a book authored by your fellow al um, ing via our academic, co-curricular, and extra-curricular programs. At the School of Law, we seek Scott Baroway '87. Finall y, the heartfelt farewell tribute to two to establish strong relationships with the Washington state judiciary, as well as with state and fed­ beloved faculty, professors Jim Bond and Mark Reutlinger who are eral judges throughout the country. Moreover, the relationship is reciprocal, because School of Law retiring this year, marks the passage of time and the maturity of the faculty members have been very active in judicial education activities, and especially willing to School of Law. support judges' unpopular but courageous decisions when the media challenge those rulings. Enjoy this issue! As always your feedback on this issue and ideas Enjoy this issue of The Lawyer and celebrate with us the judges who have been active participants for future features in the Lawyer are welcome! in the Seattle University School of Law community. - Eva Mitchell 3 LAW SCHOOL NAMES NEW DIRECTOR CLE FALL 2004 OF DEVELOPMENT Following are the CLE programs that we will present this fall. Welcome, Susan! More programs may be added as the fall approaches. Please visit the C LE Web site for the latest information at www.law.seattle.edu/ cle/ events. usan K. Ahearn, a seasoned development professional Friday, September 17, 2004 Swith more than 16 years 12-4:15 p.m. of experience at several Seattle University School of Law's Constitutional Law nonprofits and universities­ Series: Church and State. This C L E wi ll discuss what role including Georgetown and religion should play in the country's public life. Johns H opkins- has joined us as Director of D evelopment. Friday, September 24, 2004 Susan b egan at the law school 12-4:30 p.m. in early February. For the past Advocating for Immigrant Victims. This C LE is intended eight years, while li ving in Cin­ to prepare attorneys with little or n o immigration experi­ cinnati, she headed major gifts ence to assist domestic violence victims goi ng through re­ and pl anned giving for a large moval proceedings or making affirmative applications under hospital foundation; served as the provisions of the Violence Against Women Act assistant vice president and (VAWA). director of d evelopment for Northern Kentucky University; Thursday, October 7, 2004 started T albot Wolf Ahearn 8:30 a.m.-4 p.m. (TWA), a consulting firm spe­ Seattle University's Second C hina Law and Business cializing in helping nonprofits Susan A hearn joins A dvancement Office team Seminar. As China continues its rapid pace toward mod­ build capacity to raise philan­ ernization, the necessity to understand the legal and busi­ thropic support; and chaired to raise funds to restore the job in Seattle!" Susan is quick to ness ramifications of doing business with the PRC become the regional Leave a Legacy TM endangered Roycroft Inn, a concur. She is thrilled t o be in increasingly important. This full-day CLE will focus on the initiative. ational Trust Historic prop­ Seattle, delighted to be back on a following topics: PRC Government Affairs: Strategicall y O riginall y from the east erty- as well as an offer t o university campus and pleased Combining Process with Substance, Corporate Governance coast, Susan grew up in assume the position as assistant to be a part of a school she sees with PRC C haracteristics, Delivering the Experience: Pre­ Princeton, New Jersey, and dean and director of develop­ as very much " ... on the move, serving Brand, Know How & Feel, Movin g Products In & Pelham, New York. Following ment of the University at with lots of alumni and good Out: Emerging Issues in PRC C ustoms Duties, and Value her senior year of high school Buffa lo's School of D ental friends who helped build the law Added Taxes, C hina Venture Capital: What are the trends? as an American Field Service JVIedicine. school's wonderful new home." What are the challenges? (AFS) exchange student in In moving to Seattle, Susan Susan notes, "Given essential Bremen, Germany, she com­ joins her husband Rich who ingredients- generous friends Friday, October 8, 2004 pleted undergraduate and was named r egional director of and alumni, heightened visibil­ 8:30 a.m.-4 p.m. graduate wo rk at Columbia and the N ational Labor Relations ity, and lots of excitement and Hope for the Profession and the Practitioner. In the fall we Harvard universities. Board in the summer of 2003. momentum-there's tremen­ continue to explore innovative methods to promote a legal Ironicall y, Susan's first devel­ Susan and Rich have two dous potential to build and system that is more responsive to client and lawyer needs. opment position was as assis­ daughters: Meghan, currently shape a culture of philanthropy, Topics include: therapeutic jurisprudence, co ll aborative and tant and later associate director a junior at Williams C ollege in which will forever inure to the preventive law, and reflective practice. of development at Georgetown Massachusetts, and Alyson, benefit of the law school and University's law school. Susan who will be a freshman at generations of students, alumni Friday, October 15, 2004 left Georgetown to move to Brown U niversity in the fall. and friends, as well as others 12-4:30 p.m. Baltimore where she assumed a For those of you who haven't whose lives are touched b y the Ethnics and Professional Responsibility. Professors Dave position as director of develop­ met Susan, she has a ready, wel ­ school. " Boerner, John Strait, and Kellye Testy, and the Director of ment fo r the engineering school coming smile and lots of energy. Please join us in welcoming the Center on Corporations, Law & Society, Dana Gold, at Johns Hopkins. A move to As Dean Has! quipped at a Susan. Alumni and friends who will explore the intersection of the Sarbanes-Oxley ethics Buffalo p rovided an introduc­ recent function that both Rich wish to get in touch m ay do so rules with the WA Rules of Professional Conduct. tion to consulting- including a and Susan attended , "Rich, by calling (2 06) 398-4306, or by once-in-a-lifetime opportunity we're really glad you took the e-mail at [email protected]. Friday, October 29, 2004 TBD Negotiation Tactics. This practical and highl y interactive In Memoriam fu ll -day CLE will focus on various methods to master the art of negotiati on. Walter Alan Boyle '82, died September 16, 200 3 after a long battle with colon cancer. Walter was born in 1926 and served with the U.S. Army from 1944 to 194 7 and 195 0 to 1953. After mili tary service, Friday, November 12, 2004 Walter graduated from medical school in 1956. H e entered the medical profession in 19 5 7 in Pico 12-4:30 p.m. Rivera, California, later working at Los A ngeles County General H ospital as an anesthesiologist, and Same-Sex Marriage. This program will focus on the array of teaching anesthesiology at the U niversity of Southern California School of Medicine. issues raised by same-sex marriage. State and federal consti­ In July of 1968, Walter moved t o Longview, vVashington and entered private practice as an anesthesi ­ tutional issues will be considered, as will problems relating to ologist at (then) Cowlitz G eneral H ospital and St. John's H ospital. H e remained at that practice until conflicts of law and out-of-state marriages. As the issue is an 1979, when he decided to attend the U niversity of Puget Sound School of Law. H e graduated in 1982 . emerging one, exact program content will be developed with Walter combined his legal degree with his medical experience, continuing as a physician in Occupational an eye towards the most critical issues at the time. Nledicine and Family Medicine. After retiring in 1992, he continued t o act as a m edico- legal consultant. D r. Boyle is survived b y his wife A lice (H errera) Boyle, as well as by eight children from his first m ar­ Friday, December 3, 2004 riage, eighteen grandchildren and six great-grandchildren. Dr. Boyle is described a s an extraordinary 8 a.m.-5 p.m. man who p rovided treatment a nd services to his patients and his clients with respect and caring, the CLE Round-Up. This program will cover eight topics in utmost of professionalism, and the highest possible degree of skill. H e will be greatly missed b y his eight hours. Topics include: two hours of Ethics, Tax up­ friends and family. date with Professor Shelly Frankel, Labor & Employment update with Robert Perisho, Person Injury update wi th Cheryl Duprass Millenar '94 passed away peacefully after a two-year battle with brain cancer. She was James Holman '76, workers Compensation with Kathleen commissioned as a 2nd lieutenant in the U.S. Army reserves, and received an educational delay to attend Keenan '92, Trusts & Estates, and Family Law the U nive rsity of Puget Sound School of L aw. Cheryl graduated in 199 4 and re- entered the U.S. Army as a Judge Advocate G eneral (JAG). She served a s a JAG in H awaii and most r ecently at F t. Bragg, NC with the Special Forces Command, where she earned her "Jumpmaster" w ings. She laterretired from the U.S. Army for medical reasons. C heryl is survived b y her husband Jim of 17 years; her t wo children, Alexis (6) and CJ (3); mother, Karen Snow of Ferndale, WA; father and step-mother, Ray and Carolyn M illenaar of Granite Falls, WA; brothers, John i'ilillenaar of Indian Trail , NC and Mark Mill enaar of Ferndale, vVA; and step­ brother, C hristopher Booker of Sun City, CA.

Jefferson County Superior Court Judge Thomas J. Majhan '76 was born in Pittsburgh, Pennsylvania, and served in the U.S. Army from 1960- 74, attaining the rank of lieutenant colonel before retiring. H e died on January 18, 200 4. 1V1ajhan m oved to the O lympic Peninsula with his wife, D ee Ann, after completing law school. H e opened a law practice in Port Townsend, where he practiced civil law. In 1982, he was elected to a part­ time position with the District Court, which he held until 1998 while continuing his practice . In 2000, he was elected t o the Jefferson County Superior Court. Judge }/lajhan was instrumental in establishing drug courts as a way to help young people outside of the traditional juvenile system, and frequently served as a visiting judge in Kitsap County Superior Court. 4 JUSTICE CHARLES JOHNSON: A LEGACY OF ACCESSIBLE JUSTICE, CONSTITUTIONAL LAW AND INDIVIDUAL RIGHTS Shaping the foundation of legal history

' 'For all of my clients $50 sibility to everyone to make constitution, and a more was a lot of money," sure that their rights are pro­ strongly worded freedom of says State Supreme tected." religion section than in the Court Justice Charles Johnson Improving the efficiency of federal one." '76, who started out as what he the administration of the state Johnson says a trend has de­ calls a blue-collar attorney. judicial system is also a critical veloped over the past 10 or "Most couldn't afford legal focus for Johnson. "Regardless more years. "As attorneys and representation even though of income, we need to make it judges become more comfort­ they needed it. Whatever they easier for people who have to able with independence in in­ co ul d afford was usually what resort to the legal system to terpreting the states' constitutional provisions, state courts rely on their states' con­ «It's just unacceptable to me, and anyone in the legal stitution more and more." profession, to accept that we allocate access to justice "The \Vashington State Su­ preme Court has recognized based upon a person's ability to pay ... many cases that establish more protective language in privacy they paid. And some couldn't resolve their disputes," he says. rights and other areas in recent afford anything." "It's never going to be cheap, years," Johnson says. H e refer­ An associate in his father's and it's never going to be fast, enced many of these cases in Tacoma law firm he didn't wait but it needs to be fair." 1998 when h e authored a com- around for the reall y big case to get court room experience. "While working with my dad I . .. if our system is really going to provide equal justice, took a part time job as a public then even the poorest and the most vulnerable need defender in Pierce County-! made a w hopping $3 .75 an equal access and protection of their rights and hour," h e says. "But it gave me sometimes this requires an attorney's involvement." the opportunity to be in court regularl y and develop and hone my trial skills--which they did As an adjunct professor, prehensive update on not teach enough of in law Johnson passes on this passion Washington's search and sei­ school in the earl y years- while for fairness and individual zure law in conjunction with working with dad." The elder rights to future lawyers. Since the Seattle U niversity Law C harles Johnson, who practiced 1995, he has taught a compre­ Review. for 60 years, died in 1978. hensive seminar at the law "At our level, we take cases "Then, I had an average prac­ school on the state constitution. that involve unresolved issues tice, representing regular folks H e considers this "spare time" of law. That means there are justice Charles j ohnson '76 is the first graduate of the Schoo l of Law to with ordinary problems." Regu ­ activity a bit of a luxury. credible arguments for either serve on the state's highest court. lar folks like the ones he met "As a practicing attorney, result. For me, the most enjoy­ while holding down a full time you're trying to resolve cases as able ones are those that recog­ work as hard as I can with the He believes a foundation of job at a Tacoma Lumber Mill quickly as possible, so you nize individual rights. I believe time I've been allowed. So far service is critical to the profes­ during law school. Even though don't get that many opportuni­ people have the right of privacy. it's been 1 2 years." sion. "This fortunate and edu ­ his job made staying awake ties to go back and study the It's being eroded even now. During those years on the cationally elite group of people during class a challenge, state's history and the develop­ Recognizing that the state can't bench, he's offered one-year is so used to dealing with Johnson finished in a little over ment of its constitution," says interfere and intrude in some clerkships to 18 Puget Sound people who are like them­ two years instead of the cus­ the G ig Harbor resident. cases without giving a search University/Seattle U niversity people who have succeeded- tomary three, graduating in "Teaching allows me to interact warrant- ! believe- is an im­ 1976 . with a group of bright, intelli ­ portant responsibility of my Access to justice has re­ gent individuals and expose job," he says. «Teaching allows me to interact with a group of bright, mained a constant throughout them to a course that is not a Perhaps it's his role of help­ intelligent individuals and expose them to a course that is his 26-year legal career. In fact, regular one at law schools, and ing to shape legal history that the legal community has recog­ that's rewarding. Plus it gives Johnson treasures most. "The not a regular one at law schools, and that's rewarding." nized him for his initiatives that me an opportunity, outside of ability to reall y study the law have helped low-income people the context of a current pend­ and be a part of developing its law school students. "One of but they have a responsibility to get a fair chance at legal repre­ ing case, to study the provisions direction and interpretation the joys of my job is to work those who have been left be­ sentation. Among other awards, of the s tate constitution. So it through the cases we decide, with some of the best and hind. W e serve the public to he received Pierce County's keeps me fresh." then applying those principles brightest law school graduates. make sure that people's dis­ Liberty Bell Award in 1994 for It also gives him a unique to every day disputes- it's al­ After they finish their tenure putes are resolved in a peaceful his commitment to citizens of view on a trend in constitu­ ways challenging and never with me, I expect them not only and predictable manner, and limited means gaining access to tional law involving state con ­ dull," says Johnson , who was to become prominent in what­ that their individual rights are our justice system. In 2002, the stitutions' further reaching first elected to the Court in ever legal fields they choose, protected. W e must make sure American Bar Association's individual rights provisions. 1991. "I r ecognize the signifi­ but also (as) leaders in service that the doors of the legal sys­ Council on Racial and Ethnic "The state courts have histori­ cance of the position, so I try to to the community," he says. tem are open for all." Justice recognized Johnson for call y been more wedded to the his dedicated service and com­ decisions of the U.S. Supreme mitment to equal justice. Also Court than they are today. Our in 2002, the Washington State courts are relying on their Bar Association gave him a unique provisions and applying Burnett to Clerk for South Africa Justice special commendation for his those provisions independently work to allow military lawyers of the federal courts. It's a rela­ Matt Burnett '05 has been appointed Foreign Clerk for Justice ZM Yacoob of the Constitutional not licensed in Washington to tively new phenomenon," he Court of South Africa. South Africa's highest court, the Constitutional Court was established in provide eligible low-income says. 1994 under the terms of South Africa's first democratic constitution, the interim Constitution of service members with in-court During the early days of our 1993. This was replaced by the 1996 Constitution, which is considered by many to be the most representation. nation, the states already had progressive constitution in the world. "It's just unacceptable to me, their own Bill of Rights, and Consisting of 11 judges, the Court began its first sessions in February of 1995. Matt's interest in and anyone in the legal profes­ the federal Bill of Rights was South Africa began as an undergraduate at the University of Washington, where he spent a quarter sion, to accept that we allocate largely an afterthought for the studying the South African Truth and Reconciliation Commission for his senior thesis. access to justice based upon a framers of the Constitution, Matt returned to South Africa in the spring of 2002 as a Program Coordinator for a UW study person's ability to pay," says according to Johnson. Even as abroad program entitled "Memory, Identity, Conflict, and Dialogue," which also took him to Johnson, who is 53. "If our new states entered the union­ Northern Ireland and Cyprus. system is reall y going to pro­ like Washington- their consti­ Since attending Seattle University School of Law, Matt has worked as a legal intern at a refugee vide equal justice, then even the tutions tended to reflect a rights program in Berkeley, CA, as well as at Northwest Immigrant Rights Project. This summer poorest and the most vulnerable further reaching protection of he will work as a legal intern for the Gender, Research and Advocacy Project at the Legal Assis­ need equal access and protec­ individual rights. "For instance, tance Center in Windhoek, Namibia. tion of their rights and some­ there is a specific right of pri­ After graduating, Matt hopes to continue to work in international development, and on issues times this requires an attorney's vacy in the state constitution related to gender, refugees, and human rights. involvement. We have a respon- that doesn't exist in the federal 5

FROM LAW STUDENT TO jUSTICE FEDERAL DISTRICT COURT THURGOOD MARSHALL'S CLERK jUDGE RALPH BEISTLINE IS Gay Gellhorn '82 ON AN EXCITING JOURNEY

Ralph Beistline '74 is fond of ere's an idea for a telling folks he is the first-ever successful career in graduate of the School of Law. H the law: clerk for an The story goes something like appellate judge, clerk for a Su­ this: preme Court Justice, spend five "Although I found law school years at a big firm doing litiga­ both interesting and challeng­ tion and policy work, and then ing, I was anxious to move on," become a law professor. If the founding graduate recalls. that's the game plan, accepting "So, with 15 other students, I a place at Harvard Law School participated in a fast-track might seem a good place to get program that allowed us to go things moving in the right di­ straight through and graduate rection- but the career of Gay in slightly more than two Gellhorn '82 has never been an years. advertisement for the obvious "Our graduation ceremony choice. was held on August 16, 1974. Gellhorn is now Professor of Sixteen of us received our J.D. A laskan native Ralph Beistline is Law at the University of the degrees," he continues, "and we the law school 's first graduate to District of Columbia David A. were awarded our diplomas in serve on the federal bench. C larke School of Law, a rela­ alphabetical order. Since my tively new public interest law Gay teaches contracts, public entitlements, disability and welfare and is the last name began with 'B', I had "I have come school in Washington, D.C. Director of UDC HIV I AIDS Clinic. the good fortune of becoming to understand the But she came to teaching law the first graduate of the first via five years in a law firm, two Universities of Maine and "a watershed in Supreme graduating class of the Univer­ centrality of personal and Federal clerkships-one with Georgia. Court equal protection juris­ sity of Puget Sound School of professional integrity. It is Thurgood Marshall-and a Still , the question is unavoid­ prudence ... (that) articulates Law! twenty year gap that separated able: how did she manage to conflicting conceptions of the "It's amazing, even to this critical to one's success- turning down Harvard and move from there to a clerkship constitutional protection af­ day, how impressed people can as a lawyer, as a judge, getting her legal education at with Thurgood Marshall? forded by the Equal Protection be when you tell them that you an office park on So uth Gellhorn's explanation recalls C lause and conflicting meth­ were the first in your class to as a human being." Tacoma Way. Woody Allen's line that 80 odologies for analyzing that graduate- and then quickly After graduating magna cum percent of genius is showing protection." change the subject if they ask for clarification." laude from Radcliffe College, up. "I was helped by the fact In the end, she thinks This Alaska native and father of five need never revert to this with an honors thesis in history, that Justice Marshall tended to Marshall, was mainly unsuc­ story to impress anyone. His distinguished career- as a private she passed up Harvard Law get his clerks from the recom­ cessful in his attempt to per­ practitioner, state judge, and, today, SU Law's first Federal District and instead did a Master's at mendations of a small group of suade the Court to use the Court judge-speaks far more eloquently than any anecdote about the Graduate School of Educa­ judges he was close to and Equal Protection to improve his days as a law student on South Tacoma Way. Still, those days are tion. "I had a family to raise, trusted. James Oakes was one opportunities for the poor. central to the career of the school's "first graduate," as Ralph is my husband was a military of them. In fact many of his Nevertheless he "strongly in­ quick to acknowledge. doctor, and in rapid succession clerks went on to the Supreme flu enced the Court to expand Born and raised in Fairbanks, the alumnus is a descendant of one I found myself living, and Court. Come to think of it, its two-tiered test to include a of the original Fairbanks families whose Alaska roots date back to teaching, in France, Canada, most of them were women too! third- a heightened level of the early 1900s. Although he left the state in the 1960s to attend the and Italy." More to the point, though, I got scrutiny for certain classifica­ University of Colorado/Boulder, finances dictated that he return Twenty years later, with her the job because I applied for the tions, such as gender and ille­ home, where he received by B.A. in 1972 from the University of husband stationed at Fort job. I applied for several gitimacy .... justice Marshall's Alaska/Fairbanks. Lewis, she decided "it was time clerkships, in fact. Now there 's equal protection opinions contain "Sometime during the last term of my senior year, I saw a note to pick up the law and take something for law students to painstaking histories of those, posted outside one of my classrooms, indicating that one Dean Jo­ another look. Not that I was at bear in mind!" including the poor, left out of full seph Sinclitico from the U niversity of Puget Sound would be speak­ all sure it was going to be a 1983-84- the year the states participation in the United States ing that evening about a law school he was starting in Tacoma," the match. But it turned out to be started executing people experience as the 'land of oppor­ judge recalls. "I decided to see what he had to say and, with several more than a match- it was my again- was a tough time to be a tunity' (and) left a legacy of other interested students, met with him that evening. vocation." Thurgood Marshall clerk, but truth-telling for future Courts, "I ultimately applied for admission and was accepted. The follow­ She started classes with no also a revealing one. Deeply and for all of us." ing August, I married my high school sweetheart and, three days intention of teaching-"that's opposed to the death penalty in And she summarizes that later, attended my first law school class." what I was leaving"-but found principle, Marshall had a stan­ thought with an even more Armed with his J.D. degree and blessed with a 10-month-old that she was learning the law by dard 'boiler-plate' dissent for general one, Marshall firmly in daughter some two-and-a-half years later, Ralph and his wife, thinking about how to teach it. death penalty cases. According mind: "We only see the full fruits Peggy Ann, returned to Fairbanks where the fl edgling lawyer se­ She describes UPS in those to Gellhorn, though, it was of a justice's life after we see how cured a job as a full-time law clerk for the Superior Court judges. early days as being, in some characteristic of him that he their dissenting helps shape the Following a nine-month stint in that post, the fly fishing enthusiast respects, very like the institu­ wo uld read everything anyway, intellectual direction of future accepted a position with the law firm of Hughes, Thorsness, Gantz, tion she now calls home: "an and, wherever possible, offer justices." Powell & Brundin, the largest private firm in the state. exciting start-up law school his fe llow justices a full-dress No space here, by the way, to Before long, he was in the courtroom and, within the first several that doesn't attract garden­ dissenting opinion on the mer­ mention everything else Gay years of practice, had the opportunity of handling successfully both variety faculty." its of the particular case. Gellhorn has done, but we a criminal murder trial and a civil wrongful death case. By the time she graduated, "He was a brilliant lawyer," should at least squeeze in a "This was just part of the excitement of being a lawyer in Gellhorn knew that she did Gellhorn says, "but especiall y mention of policy advising on Fairbanks in the 19 70s," Ralph tells us. "Young attorneys were able indeed want to teach law-but great in dissent. H e put his AIDS to the C linton adminis­ to gain experience quickly. For me, it was trial by fire." she also knew that she wanted a best intellectual energy into tration; research and teaching Fast forward 18 years .... Long since a partner at Hughes, clerkship first, "as a kind of trying to convince the rest of in Contracts, Public Entitle­ Thorsness, Ralph had served on the management committee of the apprenticeship. And preferably the court to look again at a case. ments, Disability and Welfare, statewide firm and managed the Fairbanks office that consisted of in an appellate court, because I credit him, and Justice among other areas; interdisci­ 14 attorneys. He also had served on the Board of Governors of the of the opportunity to see what Brennan, with bringing Justice plinary work on client inter­ Alaska Bar Association and, in 1986, was its president. His next was bubbling up from multiple Blackmun around (to a prin­ viewing; and the Directorship challenge had come with his selection as editor of the Alaska Bar jurisdictions." She won a clerk­ cipled opposition to the death of UDC's HIV I AIDS Law Association News. ship with James L. Oakes on penalty) in the end." Clinic. "Actually, no one else wanted the position," Ralph says with typi­ the Second Circuit Court of A related example of the A final question: has she ever cal modesty. "I was drafted by Harry Branson, editor emeritus, and Appeals, and was soon to ben­ Marshall experience, on which been back, seen Seattle Univer­ held the job for five years. efit more than she could have Gellhorn has published, is sity and her alma mater since "All these experiences exposed me to a wide variety of warm and imagined from the discovery illustrated by a case from War­ the move? wonderful people, and continually reinforced my faith in the legal that he too was a respecter of ren Burger's first term as Chief "I n ever have," she says. A profession- and in the quality of lawyers, in general. " "non-garden-variety" law Justice, Dandridge v. Williams. pause. In December 19 92, Ralph left his law firm to serve on the Supe­ schools. For an Arizona State Law "I wish I could." A longer rior Court in Fairbanks, the very same bench for which he had Oakes had a habit of almost Journal symposium, 1 Gellhorn pause. clerked nearly 20 years earlier. For the last five years of his tenure always picking one of his three wrote a paper entitled 'Justice "I will." there, the little league coach and Boy Scouts enthusiast was presid­ clerks from a relatively little­ Thurgood Marshall's Jurispru­ ing judge of the Fourth Judicial District, the largest judicial district known school: he had clerks dence Of Equal Protection Of in the United States. 1 justice Marshall: The Legacy of /-lis from the Ivy League but also The Laws And The Poor.' In jurisprudence, 26 Ariz. L.J. 429 from institutions such as the it, she described Dandridge as {1994). See BEISTLINE, page 12 6 A THOUGHTFUL AND PROVOCATIVE JURIST Court of Appeals Judge Elaine Houghton '79

the process, I gained the gift of consumers of its baby oil's high work as an appellate court perspective- the capacity to aspiration danger. That failure, judge which she calls "the best determine quickly what's im­ the law suit alleged, contributed job I've ever had." portant and what's not- and directly to the death of an in­ "Here, I have a bit of time to the skill to handle situations fant child whose family Elaine ponder, to make a reasoned fraught with stress. These les­ represented. response," Elaine explains, sons have served me well in my "As a result of the verdict, all "rather than laboring under the legal career. " persons who use the product requirement imposed on every By any standards, Elaine's now are alerted to its inherent courtroom lawyer that I think career has been an impressive danger when swallowed," notes and react on my feet." one. Admitted to the accomplished litigator whose Still, says this thoughtful, practice in Wash- soft-spoken jurist, ington and Alaska, «I faced high-drama situations nearly every day. service on the state's this appellate judge second-highest was appointed then In the process, I gained the gift of perspective court is not without elected to Division -the capacity to determine quickly what's challenge. II of the State Court "The case load is of Appeals bench in important and what's not-and the skill to monun1ental," says 1993. She was re­ handle situations fraught with stress." the co-author of the elected to six-year chapter, Appellate terms in 1996 and Practice, in Wash­ 2002. name has appeared in Best Law­ ington Methods of Practice. Prior to joining the judicial yers in America. "I like to think "We draft up to 100 cases per ranks, she had earned an envi­ this warning has saved countless judge per year. It is incumbent able reputation as a trial lawyer, other families from the tragedy on us to sustain this pace so handling complex civil litiga­ that befell the family that came litigants who deserve their day tion cases. U nder the tutelage to me for help." in court are not subjected to of her employer and mentor, While in private practice, unconscionable delays." the venerable Tacoma attorney Elaine served on the board of In 1993, when she first Alvin Anderson ("the best trial the Washington State Trial Law­ donned her judicial robes, lawyer I've ever witnessed"), yers and, in 1991, was named Elaine recalls that there existed .Judge I-I ought on was 1991 Trial Lawyer of the Year. Elaine took on many high pro­ the state's Trial Lawyer of the a 400 -case backlog, resulting in file cases, including one that in Year. She also was active as a a wait of up to two-and-a-half the tender age of 23, grounding" that prepared her 1990 resulted in a $2,500,000 board member for the Tacoma­ years between filing and oral shortly after gradua­ for the many professional chal­ settlement against Johnson & Pierce County Bar Association argument. During her tenure as A tion from the Univer­ lenges that were to lie ahead. Johnson, at the time the largest and as chair of the Work Force Chief Judge from 1997 to 1999, sity of Washington, Elaine "I faced high-drama situa­ products liability settlement in Diversity Subcommittee of the that wait had been reduced to Houghton '79 held a job as an tions nearly every day," ex­ \Vashington legal history. Washington State Minority and two-three months. emergency room nurse-m­ plains this mother of two That case centered on the Justice Commission. And, while this Seattle native charge. She claims that experi­ college students and distin­ failure of product manufacturer All of these experiences, she and Roosevelt High School ence provided a "basic guished legal practitioner. "In Johnson & Johnson to warn insists, served to prepare her for See HOUGHT ON, next page

AN ENDING AND A BEGINNING: jUDGE KAREN SEINFELD '77 Valuing our system of justice and her part in it

she planned a "stepping Conn., where he enrolled in less than one percent of the bar down party" to mark Yale Law School and she found and less than 15 percent of the A her retirement from the work to support them. Law School student body." bench on May 1, 2004, Law It wasn't long before she, too, Rather than viewing this Day, Karen Seinfeld '77 dispels began thinking about becoming situation as an impediment, with diffidence any notion that a lawyer. In fact, she was ad­ Karen says she saw it as an hers has been a career of firsts. mitted to Yale's 1963 entering opportunity to break new Still , the record speaks for itself. class but deferred her law ground. She certainly has ac­ Appointed by Gov. Booth school dream so the couple complished that during an im­ Gardner in January 1992, Judge could return to the Northwest pressive 30-year legal career. Seinfeld became the first and start a family when Dennis "Making a decision to retire woman member of D ivision II graduated in 1964. now was a difficult one," the of the Court of Appeals. Also Over the next few years, former Alumni Board of Gov­ note: this former Pierce County Karen had three children while ernors member wrote in her prosecuting attorney (1977 -83) involving herself in an array of notice of resignation. "The was the first legal counsel for civic activities. When she court has been an extremely the Pierce County learned in the early 1970s that important part of my life for the Council (1983-85), last 12 years. We do the first woman «The court has been an extremely important part very important commissioner at work, work that the Court of Ap­ of my life for the last 12 years. We do very shapes the law for peals (1985 -87), a important work, work that shapes the law for generations to come. pioneering Pierce It has truly been a County Superior generations to come. It has truly been a privilege privilege to partici­ Court judge to participate in this significant enterprise." pate in this signifi ­ (1987-92), one of cant enterprise." the first females According to this ever to receive the Law Alumni the University of Puget Sound veteran member of the bench, Society's Distinguished Gradu­ was establishing a law school, people look to the court system ate Award (1990), and the first she began to make firm plans to with respect and trust, believing chairwoman of the School of enroll. that we judges will adjudicate Law Board of Visitors. "The mid-70s, while I was a disputes fairly, with justice. judge Karen Seinfeld Karen's love affair with the law student, were years of tran­ "Members of the judiciary, in law goes back more than four sition," she remembers. "The my experience, earn that public first in trial court and then at integrity. The second is "a deep decades. Born and raised in Los civil rights struggles of the 60s trust. They are totally dedi­ the appellate level, Karen has dedication to doing everything Angeles, she graduated from had resulted in the opening of cated, honest, impressive people seen a lot of good-and bad­ it takes to represent your client Stanford University in 1961 new doors for women and racial attempting to perform excep­ lawyers walk through her court­ well ." The third involves excel­ and, soon thereafter, married minorities. However, few mem­ tional service in the face of room. She insists that the best lent communication skills, both fe llow Stanford graduate Den­ bers of these groups had actu­ increasing case volumes and of the lot share at least four key oral and written. And the fourth nis Seinfeld, a Tacoma native. all y crossed the threshold. decreasing resources." characteristics. The first, she is a strong moral compass. The two moved to New Haven, Blacks and women comprised After 19 years on the bench, says, is "a given," and that is See SEINFELD, next page 7 THE TENACITY AND DEDICATION OF LAW STUDENTS jUDGE CHRIS QUINN-BRINTNALL PARTICIPATE IN Justice for all citizens THE JUDICIARY

hris Quinn-Brintnall By Professor Betsy Hollingsworth '80 admits to exhibit­ C ing "a bit of the 60s A few weeks ago as I was flower child" idealisn1 when she channel surfing, I came upon talks about the law and her role a televised broadcast of a in it. And why not? She's made Washington Supreme Court the most of her legal training argument. While the camera during a notable 25-year career was focused on the appellant's as a law clerk, a prosecuting attorney, I couldn't help but attorney, and, since her Novem­ notice three well-dressed ber 2000 election, as a judge on young men sitting at a table in the Washington Court of Ap­ the background. One seemed peals, D ivision II, bench. familiar, and as I focused on An honors graduate of the him more carefully, I realized judge Anita Crawford Willis '86 School of Law who received her that it was our own 3L James B.A. degree from The Ever­ Brown '04, who was green State College, the former externing for one of the justices. It was a quite visible re­ Law Review member worked minder of one of the important ways in which our students for King County as a Rule 9 interact with the judiciary- through part-time or full-time intern on felony prosecutions judicial externships. and appeals during her student Students participating in judicial externships have a unique years. On graduation, she opportunity to work closely with a judge, researching and clerked for Judge James A. evaluating the legal issues which confront the court, and as­ Andersen at Division I of the sisting the court in making its decisions. Interest in the pro­ Court of Appeals. gram has grown dramatically over the past few years. Five Save for a brief stint with the years ago, there were only a handful of students who partici­ King County Prosecutor's Of­ pated in judicial externships each year. Today, we routinely fice, this Astoria, Oregon, na­ have 15 to 20 students each semester. Students work in a vari­ tive devoted her entire career to ety of court settings. State and federal trial and appellate work as a deputy prosecutor for courts predominate. However, thanks to the efforts of Clinical Pierce County prior to assum­ Professor Lisa Brodoff, we also have externship opportunities caption ing her current role. Whether with administrative law judges, such as Seattle University serving as chief criminal deputy School of Law alum Anita Crawford Willis '86, who serves (1983-86), senior criminal pros­ ensuring access to justice for all "generally reassured" by the as an administrative law judge with the Office of Administra­ ecutor and head of the appeals citizens. tenacity and dedication of most tive Hearings. unit (1986-94), or a member of "It's a huge issue," she insists. prosecutors, and has been espe­ Administrative judicial externship opportunities with the the civil division (1994 -2000), "All litigants, but especiall y cially impressed with her col­ Growth Management Board provide students interested in Chris says she always at­ members of economicall y and leagues on the Court of land use with the chance to see those cases from the judicial tempted to step socially disadvantaged groups Appeals bench. perspective. Administrative judicial externships have also been back and take the "Camaraderie developed with federal agencies, such as the Equal Employ­ long view when «As a prosecutor- indeed, as a judge today- it's and mutual re­ ment Opportunity Commission. We also have externship representing her spect characterize opportunities with tribal courts, as well . In the spring of 2005, clients. important for me to be ever aware that what I do this court," she we will even have a student working for the Supreme Court of "I always kept sets precedent and inevitably will affect future notes, "even South Africa. Students participating in judicial externships in mind that I when members meet together weekly as a class to discuss issues relevant to the was speaking not cases. And that means affecting the lives of people may disagree on a judiciary and to share their experiences in these different only for the vic­ I will never know. It's a weighty responsibility." point of law. courts. tims of an al- There's no petty No matter what the setting, students gain valuable skills and leged crime, but 'gunny-sacking' perspectives through the experience of judicial externships. By for future defendants, as well ," with a history of skepticism going on here. Frankly, there assisting the judge in evaluating legal issues before the court, she explains. "As a prosecu­ when it comes to lawyers and isn't time for any." students consistently report that their legal research and writ­ tor- indeed, as a judge to­ judges, not only need to be On that subject, Chris is fond ing skills are substantiall y enhanced and refined. Viewing the day- it's important for me to heard, they need to believe of quoting an admonition often case from the vantage point of the decision maker gives stu­ be ever aware that what I do they're being heard. The sheer uttered by her colleague, Judge dents a unique perspective on advocacy, and feedback from the sets precedent and inevitably volume of cases makes it enor­ Dean }/!organ: "Do it all. Do it judges about our students is routinely positive. Judges tend to will affect future cases. And mously difficult for those of us well. Do it promptly." be particularly impressed with our students' research and that m.eans affecting the lives in the court system to deliver Now this alumna has taken writing skills, which is a tribute to our Legal Writing Program of people I wi ll never know. the optimum level of service to on the role of chief judge for and those that teach in it. It's a weighty responsibility." each and every person involved the court, Judge 1!lorgan's ad­ Many students find that the judicial externship experience Another weighty responsibil­ in each and every case." vice may come to take on even helps them to land jobs as judicial clerks after law school. ity, in the eyes of this judge, is Still, says Chris, she has been more relevance. Third year student Elizabeth Baldwin '04 externed for fed­ eral district court Judge Marsha Pechman last summer. After graduation this May, Elizabeth is headed to a clerkship at Division II of the WA Court of Appeals. As she says of her Houghton Seinfeld experience: "I found myself working on cases that forced me from page 6 from page 6 to bone-up on whole areas of law that I had never encountered in class. It is so satisfying to get a baffling and unfamiliar legal graduate derives a certain satisfaction from work­ "Although I have not seen any evidence to sup­ problem, teach yourself the lay of the land, do the legal analy­ ing with her fellow judges to achieve this turn­ port the charge that lawyers commonly distort or sis, and then recommend a decision that the judge accepts. It's around, she is particularly proud of performing deceive to win," she noted in a speech at the law empowering, to say the least. I imagine the real confidence I ably her central role; namely, delivering well­ school some time ago, "many judges share an gained from that experience assisted me in securing a clerk­ considered, well-crafted legal opinions. observation of a loss of civility and trust among ship." Her finest moment as a judge, she tells us, was lawyers and an increased willingness to use proce­ While externships allow our students to enter the world of working on a case involving a pastor who received dures to gain tactical advantage-in contravention the judiciary, there are also a variety of ways in which we a confession from. an alleged murderer (State v. of the spirit of the law. bring the judges into the world of the law school. The WA Martin) . The pastor refused to disclose the con­ "I urge my fellow attorneys to recognize that Supreme Court routinely holds arguments at Seattle Univer­ tent of that confession, even in the face of threat­ the obligation to clients must be performed in the sity, as it does at the other two law schools in the state. But I ened jail time. context of equally important obligations to the would venture to say that we are the only law school in the In her opinion (91 Wn. App. 621 (1998)), Judge profession and to society. It is not only possible, it state that can boost of having a civil jury trial held in its Houghton upheld the pastor's position, declaring is necessary for a good lawyer to keep promises, to building. Two years ago, King County Superior Court Judge that the Priest Penitent Privilege included in respect others, and to avoid undermining our Mary Yu suggested the possibility of holding one of her civil Washington law did, in fact, apply to the case and system of justice." jury trials at the law school. The Clinical Program and law did, in fact, protect the minister's right to declare For this judge, the transition to retirement may school administration coordinated with Judge Yu to work out the confession confidential. Her decision eventu­ well be smoother than most. In part to counter­ the logistics necessary to bring her courtroom from down­ ally was affirmed by the Washington Supreme balance "a rather isolated life" on the appellate town Seattle to the Fred Dore Courtroom in Sullivan Hall. Court and, later, served as the basis for a televi­ bench-and in part because she possesses a deep The pleadings were scanned and posted on the law school sion crime drama. sense of civic responsibility- Karen already en- See PARTICIPATE, page 9 See I--IOUGI--ITON, page 15 See SEINFELD, page 9 8 LAW SCHOOL AND LAWYERING: A DREAM DEFERREDt THEN EMBRACED BY VICKIE CHURCHILL t86 Working hard to make the most of opportunity

ickie Churchill '86 has traveled pride in my involvement with my chil­ a great distance- personally and dren during those years as I do in my V professionally, as well as geo­ accomplishments in law school. " graphicall y- from her hometown of Vickie returned to Oak Harbor and her Hereford, Texas, where she was the first husband following graduation, hanging in a family of eight children to finish out her shingle as a sole practitioner and, college. during the subsequent 10 years, building Following graduation in 1969 from the a thriving private practice. But this bar­ highly regarded University of M issouri to-bench graduate found she wanted School of Journalism, where a part-time more. Just as law school had been in the job in the counselors' offi ce rekindled a back of her mind for oh, so m any years, high school dream so, too, had the of becoming a law­ idea of becoming a yer, the honors «It was not easy, as anyone with trial judge been undergraduate stu­ taking form in her children will tell you, to combine dent insists that law head. school was always a legal education with full-time When a Superior in the back of her Court position motherhood and a weekends- head during the opened up in Is­ ensuing, tumultu- only husband." land/San Jaun ous years. County in 1996, "I married my the spirited lawyer husband, Bruce M iller, and followed him made a decision to go for it, and was around the co untry as he pursued a mili­ elected by a healthy 65-plus percentage tary career," she reminisces. "As the of the votes. years passed, we started our family and "Had it not been for yet another trag­ eventually ended up at the W hidbey edy- or the potential for a tragedy- I Island Naval Air Station. Tragicall y, our might never have taken the chance to run two-year-old daughter died from what I for office," she tells us. "A few months later learned was e-coli, and my husband before filing for the position, I was rear­ was killed on active duty 16 months ended by a truck while driving home later-leaving me alone with a six- year­ from Seattle in heavy rain one night. old and a five -month-old baby to raise. "As I tried desperately to regain con ­ "Those were the years I hung on by trol of my car, it spun full circle in heavy my fingernails, so, again, law school was traffic. Convinced I was near death, I not a priority." recall seeing the headlights of on-coming But, blessings come out of all trag­ vehicles speeding toward me. M iracu­ edies, the cum laude law graduate insists. lously and by the grace of God, my car Four years later, she married second came to a halt on the shoulder of the husband, George Churchill, who "li s­ road. I climbed out with no more than a tened to me groan and complain about light bruise from the seat belt." missing the chance to go to law school." Niemory of that fateful night is still "Wise man that he is, George told me crystal clear, says this lover of gardens he did not want to be rocking on the and opera, and its lesson is as sim.ple as it front porch in our old age, listening to is powerful: "Life is short. Don't hesi­ me say that, if it hadn't been for marry­ tate to take advantage of opportunities ing him I would have become a lawyer," that come your way." Vickie Churchill '86 has turned hardship into opportunity. she laughs Judge Churchill certainly has taken her That, Vickie says, was her wake-up own advice. She has worked for the last and mandatory mediation in family law nevertheless proud of the fact that the call . So, at age 37, she and her two chil­ seven years to establish a law library in cases; campaigning for a sales tax in­ ideas and the 'push ' came from me," she dren moved to Tacoma where Her Island County "that citizens can point to crease to fund construction and opera­ says. "I am proud of that, just as I am Honor joined the 1984 entering class. with pride." Along with the other judge tion of a local juvenile detention center; proud of the decisions I have rendered. "It was not easy, as anyone with chil­ in her district, she has revamped local helping to establish a self- supporting "I try to make those decisions clear dren will tell you, to combine a legal court rules, established policies and pro­ court facilitator program; and obtaining and logical, and I'm getting better at it, education with full -time motherhood cedures, and identified the first funding some quality artwork for the new court especially when I write my opinions out, and a weekends-only husband," claims source for a juvenile drug court. building. rather than delivering them off-the-cuff. the former Tausend Moot Court Com­ Among her other accomplishments: "While I hasten to say that I did none But life is a process, and I intend to keep petition winner. "I think I take as much instituting mandatory parenting classes of these things single-handedly, I am improving as a jurist and as a person."

Tin1e passes n1uch too quickly, Judge Hayden lan1ents

We recently contacted Judge Michael the scholarship at the end of my sopho­ in-chief of the Law Review and won sev­ The other consequence of my 1990 Hayden ' 76, King County Superior more year and dropping out of ROT C. eral academic scholarships during law accident is that I have been involved for Court, for information to include in this The next year I had one of several school. - Ed.) the last 13 years in Skiforall, a charitable issue of The Lawyer, and he responded sports-related injuries that altered the Following graduation in 1976, I en ­ group that provides year-round outdoor with the following lively, news-filled letter, direction of my life. tered private practice with the Seattle law recreation for persons with disabilities. (I reprinted here with his permission. As a college junior, I lived in a house firm of Merrick, Hofstedt & Lindsay, like to think of it as persons with "differ­ - Ed. with a group of Native American high fo cusing largely on civil litigation in ent" abilities.) I joined the board of di­ school students, providing tutoring for insurance and product liability cases. rectors shortly after I recovered and ime passes quickly. This sum them while teaching at the high school Almost 15 years later, another injury finished a two-year term as president mer will be the fourth time that and coaching the track team. would head me in a new direction. I had this past year. T I have fil ed for judicial office. At one of the track practices, the learned to ski at Dartmouth, since there My judicial colleagues have been won­ 1\l!y wife is about to retire from the quite-large shot-putter decided that it was nothing else to do in the New derfully supportive of this organization. school district. Both of our children are would be fun to mess with the coach, Hampshire winter. O n a February day in Judges tend to be an exceptionally gener­ out of the home and married. And this and we started wrestling. The result, a 1990, I had a major spill at Stevens Pass, ous group of folks. They did not gener­ June I am expecting to be a grandfather. separated shoulder, led to a 4 F draft an injury that left me paralyzed from the ally give up their day jobs and become It doesn't seem that long ago that I was rating. So I avoided fighting in Vietnam. neck down with an expectation that I judges for the money .... a Navy ROTC student at Dartmouth A Northern Virginia transplant, I might stay that way. It's great to hear from the law school. Coll ege and the Vietnam War was at made the trek west to marry my college But, as before, there was a "sil ver lin­ As always, I wish it well. its peak. I was on a full scholarship, sweetheart, Sylvia, a fourth-generation ing" to this injury, as well. I had ami­ which meant that on graduation I was to Washingtonian, immediately after raculous recovery, got back on skis a year -judge Michael C Hayden become a commissioned ensign in the graduation. Inspired in part by the late later and decided to make a mid-career King County Superior Court regular Navy. 60s student idealism and my own plans life change. Going after a Superior Court Like a lot of kids of my generation, I to change the world, I entered the UPS judgeship didn't seem like such a giant was adamantly opposed to the war and Law School in 1973 as a member of its leap after what I'd been through the year expressed that opposition by giving up second class. (judge Hayden was editor- before. So I ran and got elected. 9

jUDGE DEBORAH FLECK VALUES JUSTICE FOR Participate FAMILIES, JUVENILES, EDUCATION AND THE COURTS from page 7

Serving communities throughout the state W eb site, so that students could review them, and with the consent of the judge and attorneys, por­ eborah Fleck '76 paid her tions of the trial were videotaped dues before ascending to the and also posted on the Web site. D King County Superior Court With the trial proceeding over the bench in 1992 . And then some. course of a week at the law school, A graduate of the second entering class students could stop in between in the School of Laws history, Deborah classes to observe and catch up remembers the leap of faith she, her with what they had missed online. husband , Clay Fleck '76, and a couple The interest and excitement of of hundred other would-be lawyers took our students was apparent in a back then. variety of ways. The courtroom "The law school had just started the was "standing room only" at any year before," the graduate of Seattle's time during the day. Some profes­ Franklin High School recollects. "It sors required their students to watch the trial in lieu of attending class. And there wa «Last year, I completed two years s a buzz going on at the school, as students as chief judge at the Renton talked in the halls a bout what they had seen and observed in this real Justice Center, and am proud case. First year students especially of the improvements we made appreciated the opportunity to put context to what in managing this lovely facility they were learning in the classroom. After the jury on my 'watch'." reached a verdict and the period for post-trial motions had run, Judge Yu made herself available to wasn't as yet accredited. It was located in answer students' questions about a South Tacoma business park-resplen­ the trial. The experiment was so dent with }/lcChord Air Force jets over­ successful that Judge Yuhas since head and noisy peacocks next door! " returned with another trial. Judge Fleck says she remembers the Local judges also contribute to building shaking as students moved from the life of the law school in a class to class. She also remembers the number of other ways. As dis­ "bright, mostly young, professors who cussed elsewhere in this issue, reall y challenged us." several judges serve as adjunct H er experience as a member of one of professors. In addition, judges the founding law classes has served h er also preside over mock trials for well. According to lawyers and judges our clinical program. It is so valu­ who serve with her, this alumna is tough, able for these students to have real fair, scrupulously honest, and incredibly judges presiding over these trials single-minded when it comes to issues and critiquing their performances, near and dear to her heart. Among those since within a few weeks they will issues: race and justice, families and be appearing in real cases as a part children, trial court funding, and public of their work in the Clinic. Judges education about the justice system. from L ewis, Mason, Thurston, Following graduation from the U niver­ j udge Deborah Fleck '92 is past president of the State Superior Court j udges Association. Pierce and King Counties have sity of Puget Sound School of Law volunteered. Perhaps the prize for where she served on Law Review, the judge who has come the great­ Deborah joined the small Lynnwood «Her experience as a member of one of the founding law classes has est distance goes to Yakima firm of Riach, Geise, Scather & Watts, County Superior Court Judge carving out a civil practice that included served her well. According to lawyers and judges who serve with her, Ruth Reukauf '87. A Seattle personal injury and family law. She also this alumna is tough, fair, scrupulously honest, and incredibly single­ University School of Law alum, prosecuted traffic offenses and misde­ Judge Reukauf periodically travels meanors in district court for the city of minded when it comes to issues near and dear to her heart." over the pass to preside over these Lynnwood, one of the firm's clients. mock trials, because as a former In 1978, this U niversity of Washing­ clinic student herself, she under­ ton al umna and former Boeing employee Committee, and chairing the Family • Improving procedures in the family stands the value of this experience. went to work for another L ynnwood Law Committee," Deborah tells us. and juvenile area, including efforts to Judicial externships provide one firm, Jones & Yo ung. Two years later, "Last year, I completed two years as retain the Becca Law under all fiscal more way for our students to dis­ classmate and friend, Kameron C. chief judge at the Renton Justice Cen­ circumstances and to utilize a regional tinguish themselves, and I expect Cayce '75, asked her to join his Renton ter, and am proud of the improvements approach to provide better protection to spot Seattle University students firm. we made in managing this lovely facility for abused and neglected children; in broadcasts of judicial proceed ­ For the next five years, she and Cayce on my 'watch'." ings for years to come. practiced together; then this '76 graduate Perhaps thi s graduate's most signifi­ • Serving as co-chair of the Board f or decided to team up with her husband. cant judicial role to date has been as Judicial Administration; The couple purchased a building in president of the State Superior Court Renton and set up Fleck Law Offices, Judges' Association, a year-long job she where again Deborah did mostly family undertook in April 2002 with responsi­ • C hairing the Workforce Diversity Sub­ Seinfeld law a nd personal injury. bility for representing 175 judges of committee of the Supreme Court's from page 7 And then she waited. For years, it is Washington's county-level superior Minority and Justice Commission; and said , Judge F leck actively had been pur­ courts. joys a life full of avocational inter­ suing an appointment to the King "As SCJA president, I pursued two • Working relentlessly to ensure ad­ ests. She's taken art courses and County Superior Court bench. That initiatives about which I am very proud," equate court funding so that all citizens served as an art museum docent. appointment arrived in 1992 when Gov. she claims, "the Trial Court Funding have access to justice. She's been president of City Club Booth Gardner named h er to the judi­ Task Force and the Race and Justice and of the Sunrise Rotary. A 2001 ciary of the state's largest county. She Initiative. That initiative focused on "The biggest challenge looming for the graduate of the American Leader­ was elected without opposition in I o­ educating the public and the legislature judiciary are fiscal," she insists. "If there ship Forum, she presently sits on vember of the same year. Since then , this about the remarkable racial dispropor­ are threats of radical funding cuts, we the board of directors for that mother of two has undertaken yeoman's tionality that exists in the application of cannot allow the judicial branch of this group. She has begun to learn He­ duties to revamp and reinvigorate the our drug laws-and working with other state to go the way of others states such brew and fully intends to study it system of justice not only for King branches of government to eliminate it." as Oregon, adopting draconian measures more intensely with the gift of County citizens, but for men and women But this tireless judge's recent work like shutting down court for extended additional leisure time. across 'vVashington. doesn't end there. Among her other periods of time. "I have no grandiose, single­ "For the first several years on the current endeavors: "As the third branch of government, focus plan for retirement," says bench, I worked very hard on my cases, our courts are the guardians of the rule this distinguished graduate. "I and on tasks I undertook for King • Participating in the efforts of a joint of law, and they must remain accessible want to keep studying and learn­ County Superior Court- developing the select committee to promote an empha­ and fair- something that requires the ing-and doing many of the things I Family Law Settlement Conference sis on treatment and education when effi cient use of precious public dollars, do now, only more fully. " program , chairing the Governance sentencing non-violent drug offenders; but dollars, nonetheless." 10 M OVING ALONG THE PATH TO JUDGING: FROM THE PURSUIT OF JUSTICE TO THE ENFORCEMENT OF THE RULE OF LAW The importance of integrity, compassion and competence

argaret Penny with serious or extensive crimi­ Sowards '93 speaks nal histories and served a s a M in forthright fash­ liaison to the Seattle Police ion , especiall y when it comes to Department. discussing her career. Two years later, she and her "L aw school gave me a husband, Tony, moved a cross voice," she tells us in no uncer­ the mountains to Ellensburg, tain terms. "It helped focu s my where Margaret took a job as talents, m y opinions, and my senior d eputy prosecuting at­ desires on a profession that torney and deputy coroner. all ows me to serve my commu­ There she was responsible for nity in a rewarding, meaningful half of all felony prosecutions, way. I feel fo rtunate and fu l­ including homicide and assault filled." cases, sex offenses, drug of­ As well she should . A mong fenses, and property crimes. In the newest m embers in the addition, she shared investiga­ state's cadre of distinguished tion duties of all unattended Superior Court judges, this deaths in the county. relati vely recent graduate has But it is trial work this fledg­ packed a w hole lot of lawyering ling judge loves most of all. into a few short years. "M y proudest moments as a A 1987 graduate of lawyer h ave been during closing C laremont :tvicKenna C ollege, arguments when I was clear, where she was a star athlete in powerful, and persuasive," she both basketball and water polo, maintains, "when-regardless of l\tiargaret came to the law after the verdict- I knew I h ad served pursuing a series of short-term, the people I r epresented with post- coll ege jobs that, she says, compassion and competence ." left her unfulfi lled . The quality of Margaret's "I finall y enrolled in a class to work no doubt played a m ajor Margaret Penny S owards '93 is among our newes t Superior Court judges. prepare for the LSAT, and from role in her appointment to the the first d ay I was hooked , this Kittitas County Superior Court Looking back on a legal ca­ her D ecember 200 3 swearing-in deeply in our system of justice. I l\!Iercer I sland native remem­ bench by G ov. Gary L ocke this reer that spans only slightly ceremony, "and have tried to respect the people who work in bers. "My brain was reawak­ past fall. It's a position for more than a d ecade, Margaret maintain a sense of p erspective it and available themselves of it ened- and it hasn't had a r est which she'll run for election expresses a real sense of satis­ and joie de vivre despite the to resolve their conflicts. I am since I" next N ovember, a venture not faction and good fortune. adversity, negativity, and some­ both honored and humbled t o A review of l\1argaret 's resume new to this graduate who, in "I've been b lessed with some times-depressing nature of our be a part of t he judicial system, backs up that claim. During law 2001 , was elected to the wonderful opportunities and work. and intend to serve with integ­ school, she was active in moot Ellensburg C ity Council. challenges," she noted during "That's because I believe so rity, fairness, and independence." court, taking first place in the 1993 Mock Trial Competition and winning regional finalist honors in the ATLA M ock Trial Judge Cuthbertson is a champion for diversity and community Competition that same year. "My first mock trial experi ­ W hen Frank C u thbertson '93 Seattle home. operative of Puget Sound. Prior carved out for himself. ence wasn't n earl y as success­ entered law school at age 37, he This 19 75 Duke g raduate to his judicial appointment, he "I h ave handled more than ful ," she laughs. "I was a 1L brought along an impressive list insists he received "a great legal was a senior attorney for the my share of high p rofile cases who had absolu tely no idea of career credentials: commu­ education; just the right mix of Tacoma law firm, Gordon Tho­ as a lawyer and as a judge," he what I was doing. I brought to nity organizer, civil rights advo­ practical skills training- re­ mas Honeywell M alanca says. "My favorite cases as an the competition a laminated cate, lobbyist, and adviser to search, writing, clinical work­ Peterson & D aheim . attorney involved f ighting for sheet of obj ections and, fortu­ the governor fo r the state of combined with rigorous "Serving on the Superior the civil rights of people with nately, a more experienced p art­ Tennessee. T hen, as now, he academic education provided Court bench i s difficult work, " disabilities, the poor, the disen­ ner who poked m e when it was was just the kind of student our by some tough and committed insists this former m ember of franchised , and minorities. time to obj ect. law school sought to attract. faculty." the L aw School Alumni Board "As a judge , m y proudest "The judge 's critique of my "I had a spirations to become The first African American of Governors. "A typical week moments have been those occa­ perfo rmance was scathing. a lawyer before enrolling at ever to win a countywide elec­ involves trials Monday through sions when criminal defendants Apparently, I n ervously c licked D uke University," he remem ­ tion (November 200 1) in Pierce T hursday, plus a judges' meet­ were convicted , but commented my pen throughout the entire bers. "T hose aspirations faded County, Wash ., Frank initially ing M onday noon, evening during allocution at sentencing competition!" in the late 60s and early 7 0s was appointed to the superior reading vVednesday and Thurs­ that they thought they were A member of O rder of the with the death of M artin court bench in February 2 001 day, and criminal sentencing give n a fair trial- even though Barristers, Margaret was elected Luther King, Jr., M alcolm X, by G ov. Gary L ocke. and motions on Friday after­ they did not agree with the by her cl assmates to serve as Medgar Evers, and other civil "Frankly, I did not harbor noon. verdict. " co mmencement speaker. rights leaders. judicial aspirations," the Seattle "Add to that the 'auxiliary At the end of the day, says After graduation, the former "I d ecided I could have a U niversity School of L aw ad­ work' in which every judge is this East Coast transplant, he is Seattle Mariners ballgirl was greater impact w orking directly junct faculty member contends. engaged . For example, I serve always open t o learn from other hired by the P ierce County as a community organizer," says "M y goal was to develop a on the Juvenile C ourt Commit­ people and he always aims to Prosecutor. F rom 1993 to 1996, the New York City native , "and distinguished legal career, since tee and the C ourt Executive treat o thers with r espect. she worked i n the M isdemeanor I did precisely that throughout I had sacrifi ced a successfu l Committee, and I chair the U nit, trying an average of 15 the South for nearly 15 years career in government to attend Superior Court Mental H ealth cases a week, including at least following college graduation." law school. " and Strategic Planning C om­ one jury trial, then transferred When , in 1984, Frank be­ In the end, Frank decided to mittees." to the Felony D rug U nit. came a lobbyist for the Tennes­ seek a judicial position because In addition to all of this, "I didn't even h ave a d esk of see H unger Coalition and, there were no African A meri­ Frank devotes substantial time my own when I first started ," shortly thereafter, went to work cans or Asian A mericans serv­ to other community and profes­ this alumna recall s, "but I hit for T ennessee Governor Lamar ing on the Pierce County sional organizations. H e serves the ground running. My fi rst Alexander h e became con­ bench, and he " wanted to dispel on the board of directors for the trial was theft of a pack of ciga­ vinced that he needed l egal the notion that there were no American R ed Cross; is a fellow rettes and, fo r all my bluster, training to become " a m ore qualified m inorities, thereby with the American Leadership you would have thought it was effective advocate for equality opening the door to more diver­ Forum; and holds membership the homicide of the century." and justice." sity in t he judiciary." in the W ashington State Society In 1997, M argaret was "lured After researching law schools There is no doubt he sacri­ of Healthcare a nd Hospital away by the intrigue of private throughout the country, Frank ficed a p romising career in Attorneys, the Pierce County practice" with the Seattle firm, says he decided on UPS "be­ private practice to do so. An Minority Bar Association, the LeGros, Buchanan & Paul, but cause it seemed g eared for older associate with the Seattle firm Loren Miller Bar A ssociation, quickl y returned to service as a students who had careers prior of Davis Wright Tremaine and the N ational Bar A ssocia­ prosecutor, this time for the to law school. " N ot inciden ­ following graduation, Frank tion Judicial Council. Seattle City A ttorney's Office, tall y, says Frank, he loved the then served a s in-house legal On balance, this '93 alumnus where she p rosecuted offenders orthwest and his wife called counsel for Group H ealth Co- is content with the career he's j udge Frank Cuthbertson '93 11

,\ LAW SCHOOL HAS II Ill j TURNED OUT JUDGES AT A DIZZYING RATE Here come dajudge(s)!

The Honorable Ruperta Alexis The Honorable Deborah Fleck The Honorable Thomas Majhan 1981 , Administrati9e Law Judge. WA 1976. Superior Court Judge, WA 1976, Superior Court Judge Commissioner, WA The Honorable Frank Alley, Ill The Honorable Rynold Fleck 1977, Bankruptcy Judge, WA 1976, Administrative Court Judge. The Honorable Janet McMullen WA 1980, Administrative Law Judge, WA The Honorable Stephen Allison 1979, Board of Industrial Appeals The Honorable Randal Fritzler The Honorable Robert McSeveney WA Judge. WA 1975 1 Munici pal Court Judge, 1984, District Court Judge, WA The Hono rable Jo Anne Al umbaugh The Honorable Edward Futch The Honorable Victo ria Meadows 1978, Superior Court Judge, WA 1979, Administrative Law Judge, 1982, District Court Judge, WA WA The Honorable Ellen Anderson The Honorable Charles Meyer 1981 , Review Judge, AZ The Honorable Richard Gallaher 1975, District Court Judge. WA 1976, Commissioner, WA The Honorable Stephanie Arend The Honorable Laura Middaugh 1988, Superior Court Judge, WA The Honorable Hilary Benson 1983, Superior Court Judge, WA Gangnes The Honorable Randal Milholland The Honorable Jeffrey Barker 1984, District Court Judge, HI 1978, Municipal Court Judge, WA 1990. Industrial Appeals Judge, WA The Honorable Janet Garrow The Honorable Martin Mittel The Honorable Richard Bathum 1981 LDistrict Court Judge, WA 1977, District Court Judge, WA 1980, Municipal Court Judge, WA Municipal Court. The Honorable Todd Gay judge judith Hightower '83 values her role on Seattle's The Hono rable Marguerite Bauer The Honorable Re~ Munger 1979, Administrative Law Judge, 1982, Administrative Law Judge, WA 1983, Administrative Law Judge, WA WA The Hono rable Ralph , Beistline The Honorable Thomas O'Leary The Honorable Jill Geary 1977, U.S. Immigration Court Judge, 1974 , Fede ral District Court Judge, 1993, Administrative Law Judge, jUDGE jUDITH HIGHTOWER HOLDS WA AK WA The Honorable James Orlando The Hono rable Roger Bennett The Honorable Mark Gelman 1983, cJurt Commissioner, WA HIGH EXPECTATIONS FOR HERSELF 1976, Superior Court Judge, WA 1989, CommfssioneL WA The Honorable Aleene Ortiz-White The Honolable Laura Bradley The Honorable James Gilligan 1996, Administrative Law Judge, WA 1981 , County Court, CO A wise jurist 1986. Administrative Law Judge. The Honorable Nanc y- Bradbur ~ - WA The Honorable James Pennoyer Johnson I 1975, Associate Circuit Judge, MO The ~onorab l e Dduglas Goelz 1983 Commissioner, WA t's a wonder Judith After-work baby shower for one with fl owers to tell me she now 1976, Commissioner. WA T e Honorable Chris(jne Pomeroy The Hoporable Martha Brown 1977, Superior Court Judge, WA Hightower '83 remains of our prosecutors; get gift. had a home and a job, and was e Hono rable Steven Goff t988, Administrative La\'/ Jud ge. OR 1977, Deputy Commissioner, WA standing at the end of a The career and community getting married- all things she I The Honorable Leonid Ponomarchuk I The Honorable Jacalyn Brudvik Th lHono rable Darcy Goodman 1986 Superior Court Judge, WA ­ dges ined- be­ t985, Commissioner, WA work week. Consider this "typi demands on trial court ju had scarcely imag t975, District Court Judge- Retired , The Honorable w. Michael Porter cal" schedule for Judge like Judith are staggering, in­ cause I had held her in jail The Honorable Patrick Burns WA t 980, Co.unty Court CO 1 t 978;,Municipal Court Judg, e~ WA Hightower, 1VI unicipal C ourt of deed, but this M unicipal Court when she needed it and released The Ho~ orable Jeffrey Good win The Honorable Rick ~ rter 1989L The Honorable Steven Buzz,Md t992, District Court Judge WA D"striCt Court Judge, WA Seattle, cobbled from calendar judge wouldn't h ave it any other her when she needed it, and 1 I 1975, Municip,al CourlJudge, WA notes and a healthy dose of way. The fo rmer banker, then because I h ad refused to give up The Honorable Mary Goodwin The HOnorable Christine OUJn f\:" t977, Admjnistrative Law Judge" pure memory: law student, criminal trial law­ on her." The Honorable Joseph Cardoza Brjntnall 1975, Circuit Court Judge, HI WA 1980,, Court of ppeals Judg~, WA • Monday- T each three yer, and community activist was These are the gifts of her The Honorable Cheryl Carey The Honorable M. Karlynn Haberly The Honorable Clark Ransom classes of 100 students each at elected to the bench in 1990 by work, Judith claims, and she 1988, Superior Court Judge WA t 978. Supenor Court Judge. WA HJ80. Industrial Appeals Court Judgel WA Mercer Island High School for an unprecedented write-in vote. can imagine no other endeavor Th e Hono rable Linda Carter The Honorable Debra Hankins their Day of Respect. Subject: She's been r e-elected every fo ur quite so personally and profes­ =.1 978. Administrative Court Judge, NY t 976, Magistrate Court, WA The Honorable Michael Rickert 1983, Superior Court Judge, WA domestic violence. ("Normall y, years since then. sionally fulfilling. The Honorable James Cayce The Honorable Keith Harper 1979, Commissione r, WA jail courtroom, adju­ "After practicing law for "Every four years, I search 1980, District Court Judge , WA The Honorable Leland Riddoch I'm in the 1975, Magistrate Court Judge, ID The Honorable Colleen Hartl dicating cases until well into the about seven years, representing my soul to determine if I still The Honorable Art ~ ur Chapman 1983 District Court Judge, WA 19f( Municipal court Judge, WA The Honorable Kevin Ring~s evening," she tells us.) I ext clients on misdemeanors in like my work, if I possess the t ~ Municipal C'ourt Jud e. WA The Honora le Mark Chow The Honorable Thomas Ha~ en Monday : chair our monthly municipal court, and juveniles requisite compassion, if I h ave 1979, District Court Judge, WA 1978, District Court J)IJ!g e. WA The Honorable Cor(nna Ripfel-l:larn bench-bar meeting over lunch. and felons in Superior Court, I become cynical or jaded or just t984, Municipal Court Judge, WA The Honorable Mark Cbm~ le wski The Honorable Michael Haycfen Loren M iller Bar Association had come to believe that, all too too comfortable," this mother 1989, Distr"tct Court Judge, WA 1976, Superior Court Judge, WA The Honorab t'e L. Stephen Rochon 1980, Municipal Court Judge, WA meeting that evening. often, the judiciary set people of two adult children t ells us. The Honorable ViGkj e Chu rchill The Honorable James Heller • Tuesday- A light calendar: up to fail and to recycle through "Am I still challenged? Am I 1987, Superior Court Judge, WA 197§. D)strict Court Judge, WA The Honorable Karla Roehm-Buttorfl 1990, District Court Judge, WA 24 in-custody cases, two out-of­ the judicial system," she ex­ remaining on the M unicipal The Honorable Bryan Chu shcoff The Honorable Judith Hightpwer 1977. Supei£r Court Judge, WA 1983, Municipal Court Judge. WA The Honorable Margaret Ross custody DUis and about 15 plains. "This was particularly Court bench out of compla­ 1982, District Court Judgej WA The Honocable Elaine Hougpton reviews. Between 3-5 p.m., true for poor people and people cency or fear of change?" The Honorable ~artiett eody t 975, Supe rior Court Jud ge 1980. Court of Appeals Judge, WA The Honorable Robert Russell , II Cou Judge , MO clean out e-mails (Says Judith: of color. So far, this high-powered , (Retired), WA The Honorable Kyle Imler 1975, District "'vVhat I reall y needed to do was "I was frustrated at the courts' high-energy graduate says she's The Honorable Anita Crawford-Willis 1983. Municipal Court Judge, WA The Honorabi) Eric Schmidt Court Commissfone .' get out a ruling.") Drive to Law failure to address underlying been able to answer each of 1986. Administrative Law Judge, WA The Honorable Judy Jasprica 985, Appeals WA School to participate in Black social issues-issues then thrust these questions to her own The Honorable NanSY Curington t989, District Court Judge. WA 1975, Industrial Appeals ~udge . AK The Honorable Terry Sebring T~e Honorable Orest Jejna Law Student Association's upon the criminal justice system satisfaction, despite some pres­ 1974, Superior Court Judge. WA Judge, AZ alumni panel. Next Tuesday: to solve," adds this former mem­ sure from peers to "move up" The Honorable Frank Cuthbertso 1979, City Court t 993, Superior Court Judge WA The Honorable Karen Seinfeld The Honorabre Charles Johnson Seattle U. Access to Justice In­ ber of the Governor's Task in the court system. t977. Court of Appeals Judge, WA The Ho norable Craig Davenport t977, Washington State Sup reme stitute Executive Committee Force on Domestic Violence. "There is a judicial hierarchy, 1976, Administrative Law Judge WA Court Justice, WA T)le Honorable Victoria Seitz 1976, D1strict Court Judge, WA meeting and D istrict and M u ­ "So I decided to throw my hat and M unicipal Court is viewed Th e Hono rable Tarrell Decker The Honorable Terry Jurado nicipal Court Judge's Diversity into the judicial ring." as the lo west rung on the lad­ 1978, Municipal Court Judge, WA t 989. Ad,ministrative Law Judge, The Honofable Toni Sheldon WA 1978 Superjor Court Judge, WA Committee meeting. In her 15-year tenure on the der," Judith admits. "I have The Honorable J. Rodney DeGeorge • Wednesday- In jail court­ bench , Judith says she's experi ­ fou ght against this perception 1993LCommissioner_WA The Honorable Thomas Kalenius The Honorable Stephen Shelton t980, 1nduslri"al Appeals Ju ge. WA 1981 , Mu ICipaJ Court Judge, WA room . Noon conference call for enced many " finest moments." for many years. In my commu­ The Honorable Biagio DiStefano j 1975, "County, Family & Surrogate The Honorable Pans Kallas The Honora le Dai\_Siayton Access to Justice and WSBA Bar "There are the times when nity, a judge is a judge is a Judge!', NY t981 , Superior Court Judge, WA 1994. "Superior and Justice Cou rJ, to thank me judge; and that's how I li ke to WA Leaders Conference advisory defendants return The Honorable James Donovan The Honorable Laura King board re: plenary session for the for giving them a break or for think of it. t 975, Judge, CA 1993. Administrative Law Judge, The Honorable Paul Snyder WA 1975. Bankruptcy Court Judge, WA upcoming conference. Prepare being tough on them when they "Besides that, so much re­ The Honorable Theresa Doyle The Honorable Lawrence Kni el materials for International deserved it," she says, "and mains to be done in order to 1982, Municipal Court Judge, WA T~e Honorable Julie Spector 1977, New York Sup reme Court 1985, Superior Cou rt Jud ge, WA Women's Day speech. Alumni when they tell me that, al­ improve our criminal justice The Honorable Greg Duras Judge, NY 1982, Administrative Law Judge, WA The Honorable David Steiner Board of Governors meeting at though I am tough, I am fair. system ," admonishes the long­ The Honorable C. Kimi Kondo 1984, District Court Judge, WA the Law School, 6 p.m. "In particular, I remember time community activist. "We The HonoraiCornell University-bound col­ a better place to be." This judge has not forgotten bankruptcy Iaws-he insists lege freshman, shows no signs For all of this, Frank hasn't forgotten where he came from. of slowing down. "Once we judges get entangled in our robes, it's mighty easy for us to forget just how tough it is to practice law," he notes. "I work hard not to lose sight of the demanding, sometimes Beistline this lover of law and family and the out-of-doors frantic, sometimes harsh aspects of the profession. If, on occa­ who, in May 2002, was appointed to the United sion, a lawyer's presentation in my court isn't as polished as it from page 5 States District Court by President George W might be, I try to remember that I, too, sometimes stayed up "The practice gave me a new perspective on the Bush. Celebrating his second anniversary in that all night getting ready for a case during my years at Fowler, law, as I conducted almost every type of trial in position, His Honor is a bit nostalgic. Alley & MeN air. almost every type of setting," says this graduate. "On occasion, I look back to those days in "My own view is that judges can afford to be a bit paternal. "I held trials in urban communities and out in the Tacoma," he reminisces. "The day after gradua­ Those of us in this profession, lawyers and judges alike, need bush where we sometimes had jurors arrive on tion, I loaded my pick-up truck (purchased for to look out for one another." snow plow, used the holding cell for an office, and $3,400 several weeks earlier) and headed north That's not to say that this member of the bankruptcy bench spent the night in chambers." with all my worldly possessions. I had no idea gives attorneys appearing before him a "pass." Judge Beistline insists these experiences led him where my law degree would take me. "As in all aspects of life, good preparation is essential," to understand clearly how vital every person in "Now, 30 years later, I find that I have grown Frank insists. "In my courtroom or any other, members of this the judicial system is, from lawyer to clerk to with every new challenge and come to appreciate profession need to be prepared, demonstrating that they take judge to juror: "Although our roles are different, any number of people along the way. Most of their responsibilities seriously, that they have devoted suffi­ each person involved is important and each is all, I have come to understand the centrality of cient time and energy to get it done right. critical to the overall success of our judicial sys­ personal and professional integrity. It is critical "And just for the record," he adds, "the same well-estab­ tem," he notes. to one's success-as a lawyer, as a judge, as a lished standards apply to judges, one and all." All these lessons remain front and center for human being." 13 THE LONG ROAD FROM SOUTH TACOMA TO SEATTLE: RETIRING PROFESSORS }IM BOND AND MARK REUTLINGER WERE THERE Their influence as teachers and scholars enriched the lives of scores of students

hen Mark Beyond these numbers, im­ Reutlinger and pressive as they are, lies a more W Jim Bond retired complete, more compelling officially from the School of story about what these two Law this term, they had accu­ teachers and scholars and lovers mulated, together, more than of law have meant to the School 15,000 hours of classroom of Law. teaching time. Let's see ... Mark Reutlinger joined the M ultiply that times the average faculty in 1978, taking a consid­ number of students registered erable professional risk by sign­ for each course (say, 50) and ing up with a fledgling law one begins to realize the incred­ school with as-yet unrealized ible impact of these two gifted dreams of distinction. professors on law students cum "The early years were mostly lawyers: a whopping 750,000 'up', exciting and stimulating," student contact hours during the senior professor recalls, "as the last 30-or-so years! a bunch of relatively young Here are some other summary faculty members set out to set "stats" that substantiate the the world on fire and make a case: name for themselves in the • 16 different courses offered in world of legal education. an across-the-curriculum "It was a difficult task, espe­ range of subjects: Administra­ cially as we lacked the money, tive Law, Civil Procedure, alumni base, location, and Criminal Law, Criminal Pro­ cache of many of our rivals," he cedure, Constitutional Law, continues. "But the amazing Constitutional Law Seminar, thing is that we were succeed­ Evidence, International Law, ing. Despite the obstacles and Jurisprudence, Law of the indifferent support from the Sea, Law of War, Legal Writ­ main campus, we were becom­ ing, Products Liability, Pro­ ing known as one of the finest Let's go fishing' fessional Responsibility, Torts, places to get a legal education Trusts & Estates; anywhere, certainly in the sorship by the University of the Socratic tradition, making some small way, helping- a N orthwest. Puget Sound to Seattle Univer­ learning a dynamic, living exer­ class of scared, hesitant, and • at least 100,000 student con­ "We boasted America's best sity. Once again, he marshaled cise of the intellect, rather than puzzled 1Ls mature into confi­ tact hours contributed outside legal writing program, a faculty the forces of his faculty, his just a passive deposit into an dent, assertive, and skilled 3Ls the classroom- mentoring in the top 50 for publishing staff, and his legion of law empty vessel," Mark muses. is the great joy of teaching," he individual students, supervis­ scholarly articles in the nation's school friends (many of them "My finest moments have been insists. "While I can only illus­ ing co-curricular activities, top law journals, and a solid alumni) to meet the challenge. when students who have been trate this joy from my own attending law school events, emp hasis on teaching that pro­ "I had loved the first six years unable to 'find their voices' personal experience, I know my etc; duced exceptional lawyers. It of my prior seven-year 'tour of gradually blossom and, by the colleagues all have had similar was wonderful to be a part of duty'; and had the new oppor­ end of the course, are among 'aha' experiences: that trem­ • service on the permanent or that drive, and to know I was tunity only given me a second the best (and most talkative) bling first-year student who visiting faculties of 10 differ­ contributing both as a teacher chance to help the faculty real­ contributors to the class. couldn't figure out whether the ent law schools: Seattle Uni­ and as a scholar." ize their hopes for the law "Some students I knew well; defendant should be charged versity, the University of \Vhen Jim Bond arrived on school and to work with dedi­ others I knew only as names on with negligent or reckless homi­ Puget Sound, Wake Forest, campus in 1986, many of these cated staff, that would have a class list and faces in the cide has become a lawyer! the University of San Fran­ achievements were yet to be been cause enough for the im­ classroom. But without all of Wonder of wonders! cisco, the University of Brit­ chronicled in the school's book mense gratitude I feel for hav­ them, there would have been no "This fall and winter, for ish Columbia, Hastings of history. Indeed, most of ing had two great opportunities point in showing up," he adds. example, I worked with our College of Law, Victoria Uni­ them- and others of note­ to serve this wonderful school," "I learned a great deal from national moot court teams, who versity of New Zealand, were realized during Jim's first Jim notes. my students, and I hope they swept the Western Regional Washington & Lee University, tenure as dean (1986-93). Un­ "But leading the transition learned a lot from me-both Competition and made it to the the University of South Caro­ der his leadership- and with from a secular elimination lina, and the University of the unstinting support of fac­ to a sectarian rounds at N a­ Richmond; ulty members like 1VIark law school and "I've done my best over the years to teach my students tionals," Jim Reutlinger- the school made the relocation continues. "Our • eight books published: The in the Socratic tradition, making learning a dynamic, enormous strides by virtually to, and integra­ strategy sessions Rules of Riot· International any measure: tion with, Se­ living exercise of the intellect, rather than just a were as much Conflict and the Law of War; attle University fun as they were Evidence: Essential Terms and • Admission became ever-more passive deposit into an empty vessel." posed a unique intense, as we Concepts; The Art of judging; competitive and coveted; and more com- - Mark Reutlinger batted ideas james Clark McReynolds. I • Alumni volunteer and finan­ plicated set of around, elimi- Dissent; Wills, Trusts & Es­ cial support increased dra­ challenges than had my first about law and about what it nating, generating, and refining tates: Essential Terms and matically; deanship. That made the task takes to be a lawyer." arguments. At most, I was just Concepts; Washington Law of • Bar passage rates soared; all the more daunting and thus In the eyes of his colleague, another good lawyer among six Wills and Intestate Succession; all the more exciting. Professor Reutlinger has suc­ other good lawyers, all of whom Plea Bargaining and Guilty • Faculty productivity reached "And that, in turn, made ceeded mightily. knew more about the case than Pleas; and No Easy Walk to an all-time high; accomplishing the task all the "Mark's career has been a I did and whose judgment Freedom: Reconstruction and • A cadre of superb new faculty more rewarding." distinguished one, characterized about how to argue it was often the Ratification of the 14th joined the professorial ranks; While the extraordinary consistently by demanding and superior to mine. Amendment; and professional contributions of effective teaching, productive "I repeat: You cannot imagine Jim Bond and Mark Reutlinger and important scholarship, and what a joy it is to see one's stu­ ·well over 30 articles and book • Graduates were heavily re­ are as disparate as they are diligent and useful service," Jim dents transform themselves into reviews written for legal jour­ cruited, then hired in record distinctive, the two also have maintains. "Year in and year lawyers. nals ranging from the Califor­ numbers by the region's top much in common: Both have out, his performance met those "But it also is a joy- albeit a nia Law Review and Hastings law firms- and by morena­ devoted virtually their entire standards. His good judgment bittersweet one- to set our Law journal to the William tional firms than ever before. and Mary and Arizona Law careers to higher learning, and strong work ethic have students free. A friend once Reviews; and As many will remember, Jim whether teaching inside the made Mark a 'go to' colleague told me that parents' love for left the deanship to return to classroom or directing activi­ for every dean who has had the their children is the only love • active membership on at least full-time teaching in 1993, then ties outside of it. At the heart pleasure of serving the school that grows to separation. It was 20 different law school and in 1995 consented to serve as of their success is a mutual during his 26-year tenure on only after years of teaching university committees, per­ dean a second term that contin­ devotion to legal education, a the faculty." that I came to realize the same haps most notably the Build­ ued through August 2000. This mutual pleasure in inspiring, And, as an accomplished is true of a teacher's love for ing Committees for the time around, he led the school cajoling, challenging students teacher himself, Jim relates to her students." N orton Clapp Law Center through a dynamic, sometimes to learn the law. Mark's accounts of his "finest In some important ways, (Reutlinger, committee chair) exciting, sometimes difficult "I've done my best over the moments" with students. retirement is like that: joyful, and Sullivan Hall (Bond). period of transition from spon- years to teach my students in "Watching-hopefully, in yet bittersweet. 14 GONZALEZ TAPPED TO BECOME U.S. SUPREME COURT FELLOW Focus on the transnational legal developments on U.S. judicial practice

rofessor Carmen the San Francisco office of the insight into the decision-making Gonzalez has been U.S. Environmental Protection process of the Supreme Court. P selected as one of four Agency, where her work in­ "As a professor of environmen­ Supreme Court fellows for the cluded U.S. -1Vlexican border tallaw, I introduce students to 2004-2005 academic year. Fel­ environmental matters. Profes­ the role of Congress, the judi­ lows conduct research and par- sor Gonzalez has worked on ciary and the executive in shap­ ing and overseeing the work of administrative agencies and to u The Supreme Court fellowship will round out my the leading Supreme Court cases ing the major environ­ professional experience by enabling me to develop a interpret mental statutes. The Supreme more sophisticated understanding of the work of Court fe llowship will round out Court and of the dynamics of interbranch relations." my professional experience by enabling me to develop a more sophisticated understanding of ticipate in special projects in environmental law projects in the work of Court and of the support of the work of the Mexico, Chile, Argentina, dynamics of interbranch rela­ Supreme Court of the United Ukraine and Moldova, and she tions." States and the federal judiciary. taught international environ­ Professor Gonzalez' interest Professor Gonzalez was selected mentallaw in Argentina as a and experience in international from a pool of highly qualified Fulbright scholar. law will also serve her well applicants by the Supreme Professor Gonzalez teaches during her fe llowship. "One of Court Fellows Commission, a panel of distinguished lawyers and judges appointed by the ((Professor Gonzalez believes that the Supreme Court Chief Justice. fellowship will enrich her teaching and her scholarship Professor Gonzalez came to Seattle University School of by giving her insight into the decision-making process Law in 19 99, after many years of the Supreme Court." Carmen Gonzalez of varied and diverse legal prac­ Professor tice. After earning a B.A. from Yale University and a J. D. from Torts, Environmental Law, the major developments of the fe llowship will enable Profes­ America and in the former Harvard Law School, Professor International Environmental last twenty years is the growing sor Gonzalez to interact with Soviet Union. This work has Gonzalez clerked for Judge Law and Hazardous Waste and importance of international law judges and other foreign offi­ sparked an interest in the suc­ Thelton E. H enderson of the Toxics Regulation. Her scholarly in domestic legal fora." Among cials who are studying the cesses and failures of U.S.­ U.S. District Court for the interests include the environ­ the issues that Professor American judicial system and sponsored rule of law programs Northern District of California mental consequences of liberal­ Gonzalez will be researching the Supreme Court of the in other countries. The Supreme and was a litigation associate at ized trade. during her fellowship is the United States. "Over the course Court fe llowship will give me Pillsbury, Madison and Sutro in Professor Gonzalez believes relevance of transnational legal of my legal career, I have had the opportunity to query for­ San Francisco, California. Prior that the Supreme Court fe llow­ developments on U.S. judicial the good fortune to work on eign judges about this issue to joining the facu lty, she was ship will enrich her t eaching and practice. long-term and short-term legal and to develop my own insights Assistant Regional Counsel in her scholarship by giving her Finally, the Supreme Court reform projects in Latin and understanding. "

ROCKY JUSTICE: E. SCOTT BAROWAY '87 A talk with E. Scott Baroway '87- PENS A COLORADO LEGAL THRILLER attorney, judge, author Tender moments, explosive suspense: reviewed by Richard Farr A young attorney without a job comes to Colorado from far, far away because he's always wanted to live there. But it's the middle of the 1980s, Colorado's economy is the state's fastest Victim of Circumstance Charlie has never once had a less businessman Ruger downhill skier, and there are no jobs to be had . So the young (Inspired by a True Story) case. Yet within days of meet­ Simmons and his tech-savvy, attorney hangs out his own shingle and starts to learn his trade Judge E. Scott Baroway ing Ray he finds himself bam­ ex-C.I.A. henchman, Payne. the hard way. Is art imitating life? 1st Books boozled into representing Ray's It all leads up to a well -con­ Yes and no. Like C harlie Evans, the young hero of his novel ISBN: 1-4 10 7-1335-0 own sister, a sweet but reclusive structed, made-for -movie finale Victim of Circumstance, E. Scott Baroway had a law degree and nurse named Rene, who has in which the seconds tick as we not much else when he realized a long-time dream and moved E. Scott Baroway, who gradu­ been charged with the aggra­ switch franticall y back and to Colorado. But C harlie Evans came from New York, whereas ated cum laude from the School vated manslaughter of an eld­ forth between a key witness on hi s creator had escaped Ohio in order to spend three years of Law in 1987, obviously erly woman in her care. And it's video-conference and a guy getting a law degree at the University of Puget Sound. (It doesn 't sleep much. Somehow all downhill from there: Rene's messing with plastic explosives sounds as if he escaped Puget Sound too: "The day after he manages to run Baroway and in a hotel basement. As you can graduation my car was packed. It's a lot ... drier out here.") Associates, his own trial law no doubt guess, at the very last One other obvious difference separates the real Baroway from firm in Englewood, Colorado, minute ... well , read the book. the fictional Evans: as yet, the author has neither been rail­ and serve as a Municipal Court Baroway isn't quite up to roaded into defending a murder suspect nor subjected to as­ Judge; now, in his spare time, Grisham's standards yet. The sassination attempts. he has invented a sort of dialogue doesn't always ring Still , building a practice in trial law and building a novel are Grisham County, Colorado. true, and Baroway often plays not activities that exactly complement each other. For the Baroway's first book, Victim fast and loose with the old eight months it took to complete a draft, Baroway got up at of Circumstance, has all the "show, don't tell " rule. (There 4.00 a.m. every weekday so that he could do four hours writ­ hallmarks of the genre: a very are too many sentences like ing before getting into the office. And then there was over two green lawyer, a gross injustice, "Michael's tone expressed com­ years of r ewriting. And then h e couldn't find an agent. Even ­ and powerful men who will stop passion ... as his eyes narrowed tuall y, so many people asked to read the manuscript that he at nothing to prevent the truth into a professional look.") Pi­ got sick of all the photocopying and self-published. from coming out. To make workplace burns down, Rene nail y, Charlie is just too bel pless, Baroway's venture into fiction didn't come from noticing all matters worse, Charlie Evans is goes into shock, her doctor dies too dependent on others, to be a the legal fiction already out there. O n the contrary: "It came down on his personal luck, in a car crash that the police satisfying hero: we feel in t he from noticing how many interesting stories are behind certai n having broken with his success­ claim is Charlie's fault, and end that Ray's secretary, trials and noticing how many authors miss the best material ful father in New York after his Charlie's own life is threatened. Margarette, is more interesting because they focus a lot on 'Whodunit? stuff. ' brother's suicide. All he wants It's pretty clear from the be­ and has more influence on the H e has "a couple of other" news-based plots mapped out, out of Colorado is anonymity, ginning that Rene and Charlie outcome than Charlie. But but the usual problem of fitting in the writing t ime was com­ maybe a new girlfriend, and a are just pawns in someone else's Baroway has a promising future bined with a cancer diagnosis just as Victim of Circumstance chance for some skiing between greedy game. Baroway uses the in the legal thriller business. We came out. After a year of chemotherapy he's in full remission, cases. But he ends up working classic technique of unfolding look forward to hearing more but, understandably, not quite ready for the punishing earl y for a weak man with secrets: the two plots that fi nall y merge. about young f--ilr. Evans as he morning routine again. dangerously hapless Ray The second story concerns a grows just a little, knows just a Baroway praises his law school experience as a great time in H ellsman, whose life and law money-making scheme involv­ little more, and still finds the will a great program, but suggests that students shoul dn't worry practice are just barely held to­ ing cooked healthcare books; to risk it all when justice is at See BAROWA1~ next page gether by his devoted secretary. the principal vi llains are ruth- stake and he's in over his head. 15

FROM BROWN TO GRUTTER: RACIAL INTEGRATION Baroway AND THE LAW IN THE NORTHWEST from page 14 Law review symposium too much about the de­ tails. H e laughs: "I spent all my time on Corporate Since the conference had not yet tahen place by this publication's dead­ L aw and I've never used line, we ashed Professor john Mitchell to give us a preview of what he it. Instead I do predomi­ expected. What we got instead was a recollection of "Professor nantly personal injury J\tfitchell's Dream About the Symposium." Well, you hnow Professor cases. And I like it. Your Mitchell, so here it is. clients are generall y happy with you- and no one's going to jail. " he 19 54 the Brown v. imagery. When I woke up, I The trial lawyer turned Board of Education realized that my dream reflects author also spends several T decision tolled the end how I really think the confer­ weeks a year as a Munici­ of "separate but equal" and ence will be. pal Judge, an experience removed the legal basis for This will be a wonderful he likes too because "it's racial segregation in schools. celebration for all of us in the fun, doesn't involve the Many believe the decision ig­ legal profession; because the same stress, and gives you nited the movements for social fact that those nine Justices in a whole new perspective change that transformed Brown came together in 1954 on the practice of law." American society and culture America to render a 9-0 deci­ Judge Baroway still has during the 19 50s, 60s, and 70s. sion is for me among the most friends in both Seattle and The recent U.S. Supreme Court admirable and courageous ac­ Tacoma and he visits the decision Grutter v. Bollinger, tions taken by the judiciary in Puget Sound area every permitting public universities our Nation's history. Let m.e few years. T ip: Look for a to use race as a factor in admis­ share my dream ... guy with a skier's tan sions, demonstrates the con­ In the dream, the law school signing a hot new novel, tinuing post-Brown struggle to was physically transformed­ Best Interest of the C hild. racially integrate American almost into an exhibition hall. That's right: Baroway educational institutions, as a As I walked in, news footage, #2 is in the works. "But," step toward racially integrating headlines, and images from the the author says as our our nation as a whole. civil rights epoch were stream­ conversation draws to a This symposium examines ing over the giant screens of the close, "Don't forget to tell the legal and social legacy of Docket. And on the fourth them that I'm still looking the Brown decision here in the floor of the library was a truly fo r a good agent." Northwest, where legally im­ museum quality display tracing posed segregation was rare, but the evolution of the civil rights social customs and institutions movement through the frame of nevertheless divided us along both law and political action. distinctly racial lines. Even Eight glass display cases just today, efforts to better integrate filled with photographs, books, H oughton our schools, our neighborhoods, and copies of original court from page 7 The cover of the brochure for the law review symposium shows two i\1 etro and the business community, opinions, all following a timeline bus art designs. Top : R osa Parks bus stop mural was created by Valley continue to be controversial. fl owing from 1896 (Plessy v. "The case is one about Middle School and is located at the intersection of Rainier A v e. and Alaska During the day and a half of Ferguson) to the present. which I will always say, 'I St. in Seattle's Rainier Valley. Bottom: It's a colorful world bus stop mural this symposium, individuals In the next instant, I was was glad I was here,"' was created by Nathan Hall High School and is located at the intersection who personally participated in transported to the court level Elaine claims. of Martin Luther King Jr. Way South and Alasha St. in Seattle's RainieT the Civil Rights Movement, where I was surrounded by When she's not crafting Valley. Cover design ©2004 jeannette Talwshima Design. community leaders, legal schol­ dozens of photographs from opinions, this Law School ars, and practicing attorneys that era- one caught my eye. volunteer judges moot will come together to discuss People playing in the ocean at the impact of Brown on educa­ black Supreme Court Justice in court competitions, speaks Brown's significance in racial the beach; but something was tion, John Brittain, giving a Washington history, and King to student groups, assists integration efforts in the N orth­ wrong. As I looked closer I keynote address ... Professor County Executive Ron Sims, Dean Rudy Has! with the west. They will examine could see dozens upon dozens Henry McGee having a con­ and KOMO 4 weatherman, school's Russian Initiative, Brown's significance both from of crew-cut, white teenagers versation with the man who Steve Pool- all talking to­ and mentors individual a historical and legal perspec­ chasing a single young black was the principle of (predomi­ gether, telling of their life in students. Of all these tive, and will consider a variety man who had apparently dared nantly black) Garfield High their early teens and as young activities, she says that of current issues in the North­ to swim in their white part of School during the integration professionals, each adding their mentoring is most reward­ west fueled by the legacy of the ocean. Then suddenly I of the Seattle Schools. Local part of what was becoming a mg. Brown. found myself back in the li­ history... A jump cut to the great, triumphant story.... An­ "Let's see," she muses. I must have been a little brary and there in the case was deep south in the mid-1960s other quick scene change and "Over 11 years I've hired nervous about Lem Howell two clerks per year. Add the symposium was g1vmg a that to the healthy mix of commg up on "In the dream, the law school was physically transformed- almost into an exhibition lunchtime accomplished externs who April 2nd and speech about have worked with me 3rd, commemo­ hall. As I walked in, news footage, headlines, and images from the civil rights epoch Thurgood during the same period rating the 50th were streaming over the giant screens of the Docket. And on thefourthjloor of the 1VIarshall, even and I can count at least 70 Anniversary of getting into the students I have been the United library was a truly museum quality display tracing the evolution of the civil rights role to portray privileged to mentor." States Supreme movement through the frame of both law and political action., the great advo- Judge Houghton says Court's decision cate and Jus­ she follows the careers of in Brown v . tice. And there these young lawyers with Board of Educa- were scholars continuing interest and tion, because I had a dream something which for me was and a videotaped conversation and community leaders from with a sense of personal about it. The symposium is more magnificent than all the between Professor James Bond across the Nation discussing investment in their suc­ being co-sponsored by the Law Crown Jewels- the original and Visiting Professor Michael the impact of Brown on other cess. Review and the Seattle Journal briefs from Brown, on loan Rooke-Ley discussing their equality movements; the faces "It's gratifying to see for Social Justice and, with from special symposium guest, expenences as young men of Professor George J\!Iartinez these gifted, fledgling Anne Enquist, I am an advisor Leonard Schroeter. I had once when they went to Mississippi and Mako Nakagawa flashing lawyers make their own to the Law Review. So it's been seen one of the original thir­ and Louisiana to help register past ... A blur of amazing sto­ marks on the legal profes­ on my mind quite a bit lately. teen copies of the Constitution black voters and integrate ries and challenging ideas .... sion," she notes. "I tell But the funny thing was that it which had been sent to the lunch counters ... Back to the And then I woke up. them that, among their wasn't one of those anxiety states for ratification, and re­ Northwest, but now current Well, that's my dream (leav­ responsibilities to that dreams where no one shows call the mix of wonder and history. One of the attorneys ing out the part where the profession, is an obliga­ up, or they change the site of awe. Looking at the Brown in the "racial tiebreaker" case, Sidebar turned into a coffee tion to mentor at least two the conference at the last brief was the same. opponents and proponents of shop in Amsterdam, and I was other law students cum minute and you don't know And then I was sitting in a I-200, all telling their stories. riding down the stairs from the lawyers." where it is or somehow can't large classroom, but now like Personal stories, honest sto­ Administrative Offices on a In this judge's eyes, seem to find your way there. It dreams are wont to be, it all nes .... And the stories went large, blue horse ... ). The thing sharing knowledge is at was a dream where everything began to mix and swirl. Quick on. Incredible oral histories. is, I have a good feeling that the root of professional was exciting and interesting, fragments .... One of the For right there in front of me this is one dream that will come practice in any venue. and filled with powerful visual country's leading experts on was Charles Z. Smith, the first true. 16 JUDICIAL CLERKSHIP APPOINTMENTS CLASS OF 2003 Gaining valuable legal exposure

A judicial clerkship is competitive and coveted because it's the closest thing to an apprenticeship that our profession has. It's an extraordinary experience, to be a young lawyer working directly for one of the decision makers in the judicial branch, and one that establishes a strong foundation for whatever work one chooses to subsequently pursue. Every year, judges seated on various benches select Seattle University School of Law graduates as their clerks. We are proud to announce that 14 members of the class of 2003 received judicial clerkship ap­ pointments for the 2004 year: Federal

Parker Howard- Judge W A llan Pepper, U.S. District Court for the Northern District of Mississippi Brian P latt- Judge Thomas Zill y, U.S. District Court for the Western D istrict of Washington (2 00 5 - 2006 term)

Moniq u e Redford- Judge Thomas Zill y, U.S. District Court for the Western District of Washington Washington State joan Abreveya '87 and Professor Melinda Branscomb greet settlement award recipients in March 2004 in Seattle. Barbara R h oad s-Weaver- Justic:e Thomas Chambers, Washington Supreme Court T h omas Brau n- Justice Charles Johnson, Washington Supreme Court Sixteen years of advocacy Sh awn a Lyd on- Justice Charles Johnson, Washington Supreme Court gathering at the Seattle National Labor Relations Paula E n guidanos- Judge Mary Kay Becker, Washington Court of Appeals, Div. I Board office March 3 celebrated the payout of over A ndrew Yates- Judge David Armstrong, Washington Court of Appeals, Div. II A $1 2 million in a case litigated in 1988 by Seattle Uni­ versity Professor Melinda Branscomb in conjunction with the Sh yrell R eed - Judge Charles M ertel, King County Superior Court Labor Board. The case arose out of a strike by the M ira P osn er- Judge James Allendoerfer, Snohomish County Superior Court Paperworkers U nion (PACE) in Sitka, Alaska. The unfair labor practice charges filed by Branscomb alleged that the Other States Alaska Pulp Company failed to recall some 95 former strikers to vacant jobs when a strike was over as required by law. Christina L emker R eigh- Judge John Reese, Superior Court, AK Moreover, highly skilled senior employees who were recalled Meredith Mon tgom er y- Judge Sen Tan, Superior Court, AK were forced to work in menial jobs, under the supervision of less skilled workers whom they had previously trained. Jennifer Eng- Judge Joseph Cardoza, Circuit Court of the Second Circuit, Maui, HI In 1989, the Administrative Law Judge agreed that the Other Jurisdictions company's actions had ill egally punished former strikers and created a subordinate class of pro-union employees. Over the R obert Monjay- International Criminal Tribunal for the Former Yugoslavia ensuing 15 years, the company contested the NLRB's findings Postscript: W ere you a judicial clerk? If so, we'd love to hear about what you've done and where you've gone in m ultiple stages of litigation: before the full board, the U.S. since then , and how you'v e used what you learned during your clerkship in the course of your professional lif e. Court of Appeals for the Ninth Circuit, and at the back pay E-mail us at [email protected]. proceeding. "The settlement is a welcome relief after a long and painful chapter in these former employees' lives," Branscomb said. "The Union members had been very loyal employees who­ back when the Company's finances were tight- had voluntar­ DAVID CHAWES. 3L. SELECTED AS A ily given up benefits to which they were contractually entitled RECIPIENT OF THE BURTON WARD in order to help the Company. The Company then turned 2004 A around and demanded major cuts in health care benefits; some thanks for such a generous and loyal workforce." David Chawes, Executive Editor of the L aw Review, has been selected to receive the 2004 Congress had given the Company a financiall y-favorable, Burton Award for the paper that h e prepared exclusive lease to log the old growth in the Tongass National on t he A lien T ort C laims Act. The program Forest, under the theory t hat bringing jobs to Southeast rewards partners in law firms and law school Alaska would justify the logging. "After decades of cutting students w ho use plain, modern language and down these majestic trees hundreds of years old and shipping avoid a rchaic, stilted legalese. T he other 9 them out of the country to Japan and other places for resale, award winners a re from Emory, YU, the Company committed numerous violations of the law, Stanfo rd, U niversity of Connecticut, U niver­ treated a dedicated workforce unconscionably, and tore apart a sity of C incinnati, U niversity of Pennsylva­ community. In my opinion, the American people got a bad nia, U niversity of Tennessee, University of deal," Branscomb said. Illinois, and the Coll ege of William and Notably, Congress recently cancelled the lease agreement Mary. D avid will be a ttending the awards regarding the National Forest. ceremony in the Great Hall of the Library of "In this case, the NLRB agents did a fabulous job of perse­ Congress in June, and the guest speaker i s vering in standing fi rm to uphold t he law," noted Branscomb. Paula Zahn, nationally renowned television "The settlement is one of the largest ever reached by the news journalist. NLRB."

L ong-standing tradition : the School of Law had a judicial focus from the beginning

It took a little time fo r a School Supreme Court Justice Phil ing Washington Constitutional them as adjunct faculty mem- rity, and in an honorable way. of Law graduate to become a Talmadge, to trial advocacy, Law, Judge Dean Morgan of bers, so why do they teach? For This adds to the foundation of judge, but judges were associ- currently taught by Superior the Court of Appeals teaching Judge D ean Morgan it is chance our court system, which he ated with the law school from Court Judges Jack Nevin and evidence, and King County to "look up from particular believes is the foundation of its very beginning. It was Fed- Glenna Hall. Superior Court Judge Richard cases, focus on why we do what our democracy. era! District Court Judge As an Associate Dean I see McDermott teaching Profes- we do and evaluate whether that I know that it's possible, in George Boldt who chaired the student evaluations of the sional Responsibility. makes sense." H e enjoys teach- fact probable, that I have committee that decided to es - judges who are currently teach- Justice Johnson succeeded ing and the opportunity to inter- missed the one judge whom tablish the first new law school ing and students uniformly Justice Robert Utter in teaching act with minds that have a fresh some reader r emembers as the in Washington in more than 50 value "our" judges as teachers. Washington Constitutional Law, perspective on legal problems. best teacher they ever h ad, or years, in 1972. Students like to get a touch of and Judge McDermott is a sue- Judge Jack Nevin has traveled whose assistance helped a The first judge who taught the real world in their classes, cessor to Justices Gary Alexander widely, assisting new democra- graduate find his or her way in our students was Judge N ancy and no world seems as real to and Vernon Pearson in teaching cies in developing their court law school. I apologize for my H olman, and she was not the students as a judge's courtroom. Professional Responsibility. systems. H e believes that teach- shortcomings and only hope last. Judges have taught courses At present, in addition to We know that the judges who ing gives him an opportunity to that the judge involved has lost in topics ranging from Appel- Judges Nevin a nd Hall , we have teach our students give value, train young lawyers on how to the power to find me in con- late Advocacy, taught by then Justice Charles Johnson teach- more value than we can pay effectively try cases with integ- tempt. 17 PRACTICING LAW IN SOUTH AFRICA Part two: Substantive Hurdles

By Christopher]. Roederer Bricolage is not so concerned with functional equiva­ When it comes to interpreting the Bill of Rights of Fonner Visiting Professor, Seattle University School of Law lents or a rationally coherent system from which laws the Constitution Section 39 (1) of the Constitution says Associate Professor, University of the Witwatersrand, South come and into which they go. This is partially because that one: Africa in the hands of a critical scholar like Tushnet the (a) must promote the values that underlie an open bricoleur is skeptical about the rationality of legal 'sys­ and democratic society based on human dignity, This is the second, of a two-part series discussing the intel­ tems' to begin with. Laws and legal systems are often equality and freedom; lectual and practical challenges lawyers face in South Af­ products of compromise, conflict and historical acci­ rica. As we learned in part one of the series published last dent. One need not be so caught up in the exact place or (b) must consider international law; and winter in the Lawyer, practical challenges are daunting, function that a given law or set of laws served in a given (c) may consider foreign law. but manageable. Substantive challenges, however, may be context, nor need one be too caught up in the elaborate the decisive factor in one's attempt to become a foreign web of values and traditions that a given law or set of Thus, our way of understanding this new supreme attorney in South Africa. laws come out of. Comparative law is not like a heart or law is not confined to the interpretive approaches of the kidney transplant, but more like the artistic who creates past in South Africa, and it is not to be interpreted in Practicing Law in South Africa: wonderful things out the various objects that others light of the values underlying the existing mix of cus­ 1 discard, or which were originally intended for radically tomary law, common law, and civil law. Rather, the Bill Substantive Hurdles different purposes. of Rights is to be interpreted in light of a new set of hen looking to the laws of other cultures In one very important respect, South Africa has re­ ideals. That new set of ideals concerns an open demo­ and traditions, it almost goes without say cently embarked on a rather grand project that may be cratic society based on the three fundamental human ing that what we will be looking at is not characterized as at least functionalist if not expressivist. values. Part of what it means for this society to be open W This grand project is embodied in the interim and par­ is for it to be cosmopolitan. This cosmopolitan ethic is likely to fit or cohere completely with our own view of law. Not only do we expect that many of the laws will ticularly in the Final Constitution (Act 108 of 1996 ). As exemplified in the further subsections that tell us that it be different, but we also expect that the underlying stated by Ackermann]. and Goldstone]., "Our Consti­ is imperative that South African rights be seen in light values, principles or theories that justify those laws will tution is not merely a formal document regulating pub­ of international standards as to what those rights entail. be different. In comparative law there are at least three lic power. It also embodies, like the German These international standards are to be found both in different approaches to other legal systems and the dif­ Constitution, an objective, normative value system." international law, which must be considered, and for­ ferences that they embody. Mark Tushnet, in an article (Carmichele v Minister of Safety and Security 2001 (4) eign law (or comparative law), which may be consid­ titled "The Possibilities of Comparative Constitutional SA 938 (CC) para. 56). (Note that the Constitution ered. Law"(108 Yale L J 1225 (1999)), outlines the three borrows heavily from international human rights This provision only applies directly to Bill of Rights different approaches to comparative law, namely, func­ norms.) interpretation. One may think that the main project of tionalist, expressionist or culturally relativist, and The late Justice Mahom.ed inS. v 1\llakwanyane 1995 transformation is primarily concerned with public law bricolage. (3) SA 391 (CC) para. 262 captured the spirit of that and the vertical relations between the state and persons. The standard approach to comparative law is func­ value system nicely when he wrote: That is not the case for the spirit of the Bill of Rights comes back to inform and enliven all of the law, includ­ tionalist. Functionalism is based on the idea that differ­ In some countries the Constitution only formalizes, ing those sections of the Final Constitution that fall ent societies often face similar problems and that the in a legal instrument, a historical consensus of values outside the Bill of Rights. Section 39(2) requires that: law is a rational response to those problems. Different and aspirations evolved incrementally from a stable societies might construct different types of legal rules or and unbroken past to accommodate the needs of the \Vhen interpreting any legislation, and when devel ­ even different sets of legal rules to serve these purposes future. The South African Constitution is different: oping the common law or customary law, every court, or to fulfill these functions. For authors such as K. it retains from the past only what is defensible and tribunal or forum must promote the spirit, purport Zweigert and H. Kotz, the key to gaining understanding represents a decisive break from and ringing rejection and objects of the Bill of Rights. through comparative work is to not look too narrowly of, that part of the past which is disgracefully racist, The spirit, purport, and objects of the Bill of Rights for equivalents in terms of specific causes of action or authoritarian, insular and repressive, and a vigorous are unquestionably contested or contestable. N onethe­ legal regulations but to ask the question more broadly, identification of and commitment to a democratic, less, they include those values found in the preamble, e.g., in terms of what laws or sets of laws fulfill similar universalistic, caring and aspirationally egalitarian such as recognizing and healing the injustices of the functions or purposes within the relevant societies. ethos expressly articulated in the Constitution. Then one can evaluate how the different systems serve past, recognizing diversity, providing justice and human the given functions or purposes. (See T. Weir Trans. An South Africa is distinct because it has gone through a rights for everyone, freeing up everyone's potential, and Introduction to Comparative Law pp. 28-46 (2d ed. drastic set of socio-political changes, reflected in a vast having an open democratic society that can take its 19 92) .) Thus, while the rules themselves might not fit array of legal changes over the last 1 S years or so. One rightful place in the family of nations. Much of this is our own, we might be able to identify the same set of may even argue that South Africa has had something of reiterated in section 1 of the Constitution which reads: a legal revolution (See]. DeWaal, I. Currie, G. Erasmus underlying problems that the legal rules are m.eant to 1) The Republic of South Africa is one, sovereign, The Bill of Rights Handbook p. 2 (4th ed. 2001). address. The rules might not fit, but since the problems democratic state founded on the following values: do, we might see some value in adopting that different This so-called project comes down on top of an al­ set of rules for the purposes of solving our own prob­ ready pluralistic or mixed legal system that would look a) Human dignity, the achievement of equality and lems. Those other rules may be more efficient, avoid to many like a bricolage (some may argue a rather the advancement of human rights and freedoms. badly formed Frankenstein-like monster, destined to unwanted costs or harms, or may be animated by a b) N on-racialism and non-sexism. better or more appealing set of values. fall apart). From the tim.e South Africa became recog­ The expressivist view is much more skeptical of the nized as a state it was a mixed Roman-Dutch, English c) Supremacy of the constitution and the rule of value of comparative work because it views each legal and customary law jurisdiction. The system, to this law. day has a good dose of Roman-Dutch civil law content system as being the product of each society's unique d) Universal adult suffrage, a national common (e.g., standard contract, delict (tort law), property, history, values, and so on. Not only does this view not voters roll, regular elections and a multi-party criminal law and family law have Roman-Dutch con­ expect much fit in terms of the actual rules, but perhaps system of democratic government, to ensure tent (for instance, contracts do not require consider­ more importantly, it does not see our problems as being accountability, responsiveness and openness. the same, nor our values, principles or sets of theories ation)). But even here, areas such as delict have been being the same. Thus, unless we have similar histories, heavily influenced by precedent coming from common Section 8(2) and 8(3) also allow for the application of values, etc., it will not help us greatly to bring in alien law jurisdictions such as England, Australia and even the Bill of Rights to persons and thus to the private legal ideas that have grown out of a particular soil and the U.S. (Palsgraf is almost always taught). Further, common law. Those sections read: most of company law consists of statutes modelled on climate because in many cases they require that soil and 8(2 ) A provision of the Bill of Rights binds a natural or English law and just recently South Africa has adopted climate to survive or to thrive. On the expressivist view, a juristic person if, and to the extent that it is appli­ a new competition law modelled on the EU competi­ the benefits of comparative law come from coming to cable, taking into account the nature of the right tion law. The legal system itself is modelled on the understand different cultures and value systems, and of and the nature of the duty imposed by the right . seeing completely different ways of doing things. While English adversarial system rather than the civil in­ there may be no direct fit expected, there may be con­ quisitorial system, and up to the end of apartheid the 8(3) When applying as provision of the Bill of Rights siderable aspirational value in seeing not only how political system and its constitutions were somewhat to a natural or juristic person in terms of subsec­ things are done differently in other places but also in distorted versions of the British Westminster model. tion (2) a court: And of course this is to leave out the traditional or coming to see that there may be other value systems that (a) in order to give effect to right in the Bill, must customary law system that was regulated and cor­ rival one's own. apply or if necessary develop, the common law rupted in part by white South African law, and left to Bricolage was actually a pejorative term used by Mar­ to the extent that legislation does not give its own in other respects. In many respects, the cus­ garet Mead to describe how the people of New Guinea effect to that right; and would simply appropriate elements of culture from tomary law system sat alongside or outside the "west­ anything at hand with no real discrimination or rational ern" legal system. (b) may develop rules of the common law to limit integration into a coherent framework. (Margaret 1v1ead Jvlany parts of this system, particularly clearly racist the right provided that the limitation is in 'Note from N ew Guinea' 34 American Anthropologist statutes have been dismantled and there have been accordance with section 36(1). 2d ser. (1932) 740 noted in Tushnet above at 1229). many new laws in the areas of employment, consumer protection, criminal procedure, and even customary law. All of these provisions amount to a mandate to re­ 1-Auch of this is a result of carrying through changes evaluate the existing law, from legislation to the com­ 1 Note that this draws on some of my recent work, particularly Post­ that are mandated by the new Constitution. mon law and existing customary law. (N ote that most matrix Legal Reasoning: Horizontality and the Rule of Valu es in The Constitution of South Africa lays the foundation courts, until recently, have been avoiding this mandate South African Law, 19(3 ) S AFR. J HUrd. RTS. 57- 81 (2 003), as for South Africa's legal transformation. It does so, not including the Supreme Court of Appeal and I have well as Chapter 23 , Transitional! Transformative Jurisprudence: Law in a C hanging Society in JURISPRUDEN CE (eds. Christopher J only for the areas of public law, but also for the whole continually criticized this in my South African writings. Roederer and Darrel }.iloellendorf 2004). of private law and customary law as well. See SOUTH AFRICA, page 19 18

Notes on alumni, near and far ...

1978 Directors. He also practices corporate of Washington's best lawyers, and he I am a Staff Attorney with the Hat-tford and securities law with Wilson Sonsini was profiled as a "Rising Star" in the Insurance Company and also serve on Siri Nelson was promoted in October Goodrich & Rosati. magazine's D ecember-January 2000 the Board of Trustees for the Washing­ to District Counsel at Seattle D istrict, Laughlan H. Clark was recently I SS U e. ton Defense Trial Lawyers, a statewide U.S. Army Corps of Engineers. Prior to civil defense bar association." elected president of the W hatcom her promotion, she was D eputy District 1987 Counsel for 17 years. She has worked at County Bar Association. As president he will oversee activities and programs 1991 the Seattle District, U.S. Army Corps John Knudsen is currently President sponsored by the Bar Association. and General Counsel for Adam Aircraft Si nce graduation, Rob Ramey has of Engineers as an attorney since 1979. served in the U.S. Air Force JAG Her areas of practice range from Gov­ Clark is a shareholder in the firm of and has served in that capacity since Zender Thurston and practices in 1999. Adam Aircraft is a general avia­ Corps. lie says, "Yes, the reality is ernment Contracting, to Regulatory, to creditor/ debtor relationships, including tion designer and manufacturer based di fferent than the glamour of the Personnel issues, because Seattle Dis­ co ll ections foreclosures and represent­ in Englewood, Colorado. The company television show 'JAG,' though I've had trict n1anages and executes engineering, ing creditors in bankruptcy proceed­ anticipates FAA certification and first a number of really neat assignments in construction , environn1ental ings. H e also works on commercial and customer deli veries of its ASOO piston the past 12 years." In 1999, Rob re­ remediation; provides installation and real estate transactions. ceived an LL.M. in International Air fac ility support to the armed forces, twin-engine personal aircraft in 2003. lVIore information can be found at and Space Law from )I;JcGill U niversity. including Fort Lewis, ~!lcCho rd AFB, He lectured on International and Op­ Fairchild AFB, Malmstrom AFB, and 1981 www.adan1aircraft.con1. erations Law for two years at the Air lVJountai n Home AFB. Seattle D istrict Alexandra Cock was recently awarded After spending eight years with Force JAG School , and in 2001 assumed also provides a response capability for the "2004 Best in Marin" for providing Nordstrom 's Rea l Estate Department, his current position at Air Force Space national security and natural disasters; outstanding personal fi nancial services. Dave Cuthill recently joined OPUS Command in Colorado Springs. In the operates and maintains projects for Each year the Pacifi c Sun newspaper NW as its Retail Real Estate Director academic world, Rob is awaiting the Eriha Lim '92 and Peter flood control, navigation, and hydro­ awards "The Best in Marin" based on for the Pacific Northwest. Based in publi cation of "Space Law," a chapter Schalestock '96 power; and has regulatory jurisdiction consumer feedback and experiences. lvlinneapoli s, with 27 offices nation­ in the upcoming second edition of for Section 404 of the C lea n \Vater Act Alexandra's company, 'vVealth Plus, Inc. wide, OPUS is one of the largest design National Security Law. a textbook and Section 10 of the Rivers and Har­ has been providing conscious holistic build developer/ contractors in the publi shed for UVA's Center for Na­ Anastasia, 8, Emma-Grayce, 3, and bors Act. professional n1anage n1 ent for businesses country. tional Security Law. The book is due W illiam, 20 months. and individuals since 1990. Gov. Gary Locke appointed Yakima out in April 2004. 1979 County District Court Judge Ruth Cynthia Rabe is as an Assistant Public 1995 Jerry Belur practiced law in so uth 1982 Reukauf to the Yakima County Supe­ Defender in Anchorage Alaska working Steven Boyd married Sheila Yates on King county for 20 years. During 12 of After taking a sabbati cal last year, Gay rior Court in February, 2004. in the C hild in Need of Aid di vision. May 23, 2003 in Mill Va ll ey, California. those years, from 1986 to 1998. he was Gellhorn is back in the classroom "I am pleased to add Ruth to a branch Sheila is a pilot for Horizon Airlines. also the lvlunicipal Court Judge for the teaching Contracts part-time at the of government that is so important to The couple lives in Bellevue, 'vVashington. C ity of Tukwila. In 1999 he became U niversity of DC Sc hool of Law. (see our democratic system," Locke said. President and CEO of EPK & Associ­ related article, p. 5) "She has the right combination of Doug Barker writes: ''I'm pleased ates, Inc. , a third party administrative expertise, intell igence and experience to to announce my fi rm involved in the hea lth insurance 1983 be an excell ent Superior Court judge." industry. He lives in Issaquah with his promotion to Senior Joe Haas has served as the Clerk/ wife of 30 years, Nancy, and their three Judge Reukauf was elected to the Attorney, Intell ec­ Court Administrator for the United children. Yakima County District Court in 1998. tual Property States District Court for the District of Prior to her election, she worked as a Group, Law and South Dakota since 1996 . Prior to that, Yakima County District Court commis­ Corporate Affairs, he was the C lerk/Court Administrator sioner and as a prosecutor in the M icrosoft Corpora­ for the U nited States District Court for Yakima County Prosecutor's Office, tion." Doug spent two years with the District of Maryland. In July of handling felony sex crime cases. Eric Newman 'OI, Chip Goss '92, H ewlett- Packard Company as a patent this year, he ended a two year term as attorney before joining Microsoft in president of the Federal Court C lerks Steve Sooter recently traveled to Prof john Weaver, and Prof 1999. He li ves in Seattle with his wife Association. H e is married to Barbara G reece where his daughter, Andrea, 18, Ainsworth Elizabeth Roberts Haas, who teaches high school represented the U.S. as a member of the Spanish. Joe's daughters are now in U.S . National Junior Rowing Team. She Paul Lehto writes,"[ have just co m­ coll ege: Natali e is a senior at Columbia rowed in the pair's competition, without 1992 pleted my term on the Board of Gover­ University in New York C ity; C hristie coxswain, and took 7th place out of 52 nors of the WSBA and am now Erika Lim, Director of Career Ser­ is a junior at Duquesne University in countries that co mpeted. Steve uses his starting, pursuant to an appointment by vices for the School of Law, was ap­ Pittsburgh. law degree to run a legal software the Washington Supreme Court, a three pointed by Governor Locke to a term compauy, Legal+Pius Software Croup, year term on the Mandatory Continu­ Since graduating from law school, as trustee of the Legal Foundation of Inc., where he is half owner and Presi­ ing Legal Education Board, which Frank Carber received a Master of 'vVashington. T he Legal Foundation dent. governs the continuing legal education Arts in National Security and Strategic of 'vVashington funds civil legal ser­ requirements for lawyers in Washing­ Studies from the Naval 'vVar College in Patricia L. Schrein is a former Seattle vices progran1s for low-incon1e citizens ton. l have also been elected a Rising Newport, RI and an LL. lVI. in Ocean public defender. Since 1992, she has through the administration of IOLTA Star 2003 and Risi ng Star 2004 by and Coastal Law from the U niversity of been in private practice in Maryland and other funds. "Washington Superlawyers" in W(tsh ­ lviiami (Florida). He is currentl y a and Washington, D.C. She was married ington Law and Politics . In January Navy Captain and Judge Advocate who in 1993 to Dr. T. Jeffrey (Jeff) Neal, 1993 2003, I became a partner in the Linda S trout '79 and husband is the Commanding Offi ce r for the who is a forensic psychologist. Last year Snohomish County litigation firm David Strout '79 Navy prosecutors in a 14 state area of Patricia appeared in an hour-long For the last ten years, Cara Figgins has Phillips and Mazzone, Lawyers after the western Uni ted States (including special episode of "A merican Justice" been the owner of Partners, a gourmet having a so lo practice for almost five Linda Strout has been named Deputy Alaska). During the first G ulf War, on the A&E network. food manufacturing company. She owns the company with her mother and years. Finall y, I've been married to C hi ef Executive Officer of the Port of Frank was the command judge advocate Karita Lehto from Vahakyro, Finland Seattle. She has been with the Port fo r on board the battleship Missouri. 1988 brother. Partners makes gourmet crack­ for six years and have a two-year-old 1 S years and has been General Counsel Anne Daly is the Executive Director ers, cookies, and granola so ld in the Bridget Gavahan is a Senior Staff son and a four-year-old daughter. sin ce 1991. She will retain that role in of the Society of Counsel Representing Seattle area at Larry's Market, Attorney at the New lvlexico Court of addition to serving as Deputy CEO. Accused Persons, one of four public Thriftway, QFC and in similar stores David Schoolcraft has been named Appeals, where she reports Robert Linda oversees legal services for the defense agencies in King County. She nationwide and in Canada. Partner at Miller N ash. H e is a member Rambo '93 was recently recruited as Port , serves as primary legal advisor to has worked for the agency for over 14 of the firm's business department and Appellate 1\!Iediator. She says, "Given Laura King has been an Administra­ the Port Commission and CEO, and years and has bee n in her current tive Law Judge with the Office of focuses hi s practice on co rporate repre­ the limited number of SU law gradu­ provides oversight for the Port's Risk position since June of 1999. She is also Administrative H earings for almost five sentation, technology, health care, and ates who are even in New Mexico, we lvlanagement, E nvironmental Services, the new President of the 'vVash ington data privacy. David was also named a think it is quite a coincidence." years, a position she took after spending Records lvla nagement, Health and Defender Association, the statewide three years as a Tax Referee for the Rising Star in Washington Law & Safety Services, Contract Compliance 1984 association for attorneys (public de­ state Board of Tax Appeals. She earned Politics in 2002 and 20 03. and C laims functions. In her expanded fe nders and private criminal defense her LL.M. in Taxation from the Uni­ Curt Cutting reports: "I have been roles as Deputy CEO she will also Thomas "T.J." Nlackell reports: "I attorneys) representing indigent cl ients. versity of Washington in 1996, the first invited to join the partnership at oversee the Port Poli ce Department. retired from the Coast G uard in Sep­ Additionally, she serves on a variety of class. Horvitz & Levy, LLP, an appellate Linda is past presid ent of the King tember after more than 29 years of committees. She and husband Patrick As of March 2003, Paul Chuey is boutique in Los Angeles. I have worked County Bar Association ('98-'99). She active duty, the last 19 of which were as Dowel , an alum of Seattle U niversity retired. He still lives in NYC, and now for the firm since 1997, handling civil currently serves on several boards a Coast G uard JAG- and unfortunately (undergrad) and the U niversity of has a house in the Adirondack Moun­ appeals in state and federal court." including Artist Trust Board of Trust­ it wasn't anything like what is portrayed Oregon School of Law, have three tains. ees, Columbia Legal Services Board of on T V. Ha ha. I am now working as a daughters: twins Coll een and C lare wi ll 1996 Trustees and Seattle University School civilian attorney for the Coast G uard in be six in February, and Crace will be Edward Comitz has been named a of Law Alumni Board of Governors. Alameda, California." two in December. shareholder and director of Bonnett Connie Sue Manos Martin was Linda and husband David Strout '79 Fairbourn Friedman & Balint, P.C. in elected a Member in Short Cressman & reside in 'vVest Seattle. 1985 1989 Phoenix, AZ. His practice focuses on Burgess PLLC on December 31, 2003. commercial litigation, class actions and She has been an associate with the firm Frank Primiani teaches Introductory The Lawyer Referral Service Commit­ health care. since 1996. She is a member of the 1980 and Business Law at G reen Ri ver tee of the Pierce County Bar has se­ firm's Environmental Resources Section G. Scott Greenburg is a Director with Community College. H e also still lected its Attorney of the Year award Frank Cuthbertson is currently and chairs the Tribal Practice Croup. Lockstream Corporation, and was practices law, primarily in PI, workers recipient: Howard Comfort III. The serving as a Pierce County Superior recently elected President of theSe­ compensation, real estate law and award goes to the attorney who best Court judge. In 2004 he will be taking Christine Schiller joined the law firm attle- Northwest C hapter of the Na­ debtor-creditor relations. He was fosters good relations between the on a leadership role with the Court's of G ilmer, Sadler, Ingram, Sutherland tional Association of Corporate awarded the Puget Sound Energy community and the Bar Association. Executive Committee, but he promises & Hutton, LLP on July 1, 2002. She D istinguished Facul ty Award for 2003. Howard has a so lo practice focusing on to stay involved in alumni activi ties in works in the firm's Blacksburg, Virginia For detail s, visit his GRCC Web site at fami ly and domestic law. H e and his the South Sound. (see related article p. 1 0) office. C hristine's practice foc uses www. i vygreen .etc. eel u/ fprim iani/ wife, Diana, have two young sons, and primarily on family law, although she Howard also plays lead guitar in a band. 1994 does some criminal work as well. In 1986 June 2003, C hristine became the Trea­ 1990 Brett Carlton is a Partner with Coast surer for the local chapter of the Vir­ Wayne C. Fricke is in private practice Currently a stay-at-home mom, Tanya Real Estate Services, a real estate man­ ginia Women Attorneys Association. at the Law Offices of Monte E. Hester Button reports her law school training agement and investment company Daughter Lindsay turned 13 in Septem ­ in Tacoma. His emphasis is in criminal has prepared her well for the rigors of based in Everett, Washington. H e is the ber and son Bradley turned 8 in July. law in both federal and state courts, as raising six children. proud father of three little boys and well as personal injury and civil rights. Katrina Anne Foley was appointed lives near Snohomish, Washington. H e specializes in both trial and appel­ Rick Roberts reports "]VJy wife, Teri, this year to the Coast Community late practice. 'vVayne was profiled in the and I welcomed our first baby, 1VIatthew William R. (Rodney) F leck is the College District Citizen's Bond Over­ August-September 2003 issue of Wash­ lVIichael on June 16, 20 03 and have C ity Attorney for Forks, Washington. sight Committee, and elected to the Alexandra Cock '8 1 ington Law & Politics in its annual list been proud and tired parents ever since. H e and wife Cheri have three children: Orange County Trial Lawyers Associa - 19

On the bench and at the bar ...

2000 After passing the bar, Alana Bullis went on to earn her lviBA from Saint Martin's Coll ege, and is currently finish ing her dissertation for a Ph.D. 111 Business Administration from Touro University. In N ovember 2003, she became a city council member for the C ity of DuPont.

Tracey Calkins-Lassus works for the Jefferson County Prosecutor's Office as a District Court Prosecutor. She was promoted to Juvenile P rosecutor in September 2003. Tracey lives in Port Angeles with her husband and 11- month-old black lab/springer spaniel n1IX.

Kara Nyquist has joined Covenant House A laska as director of youth advocacy. Nyquist's duties include raising public and legislative awareness Kathryn Portteus '96 with h er family at the beach. of the needs of homeless, runaway and at-risk youths in A laska. She was a judicial law clerk for the state District tion Board of D irectors. She practices Bar, and the International Society of Court in Anchorage before practi employment li tigation in Newport Aviation Safety Investigators. Visit his cing corporate law with Birch Horton Beach. (For more info about her firm firms' \Veb sites at Bittner and Cherat. Nyquist is a mem­ Paula Lustbader '88, Patricia Paul '98 and Nilwly Kvasnyulz '98 enjoy the see www. lentsfoley.com). Katrina lives www.sensiblelegalsolutions.com and ber of the American Bar Association's in Costa Mesa, Cali fornia with her http: I I www.aviation -attorneys.com. festivities at the Class of '98 reunion last fall. National Commission on H omelessness husband of 12 years and two sons, Sam and Poverty. and Ben. 1998 and Union! (I have a view of E lliot without access and I believe it is that Melissa MacDougall accepted an Bay! ) Sometimes I have to pinch m y­ gap that ATJI is trying to help fill. " Kathryn Portteus has been working Pat Paul was hired November 4, 2003, offer with Williams, Kastner & Gibbs self." Danielle works for lvJilios & for the Kitsap County Prosecutor's as Legislative Policy Analyst in the Shawn Waliser is working with Safe in their Tacoma office. She is now doing Associates. Office for fi ve years and was recentl y Tulalip Tribes' Government Affairs Food and Fertilizer, a non-profit work­ medical malpractice defense exclusively transferred from the C ivil Division to department. She was previously Com­ ing to ban hazardous waste in fertilizer and working with John Rose ndahl '79. 2003 the Felony D ivision. She reports that munity D evelopment Officer for the and animal feed . As a student, Waliser the work is challenging but she works Tribes, and is a retired tribal judge pro Recently, Ahoua Kane joined Seattle wrote a Comment for .Law Review in with great people including Claire tem. Pat lives in La Conner with her 2001 University School of Law as the Com­ which she included model text for a Bradley '97, Justin Zaug '96, J enni­ husband Kevin and daughter Katherine. The Board of Directors for the Epi­ munity .Justice Fell ow Attorney, in the state statute. Last November, she and fer Irvine Forbes '96, and M ike lepsy Foundation of Washington Access to Justice Institute. About her her boss were Thaddeus lVIartin hosted the \Vash­ invited to testify as Savage '87. She li ves in Gig Harbor (EFW) recently elected Heidi Eckel career choice Ahoua says, "I work with experts on a r ington State Trial Lawyer's Association esolution to the Natural with husband Steve and their three Alessi as a member. The EFW is the ATJI because it carries out programs H oll y Ball. Resources and Agri culture Committee young children. local affiliate of the Epilepsy Founda­ that allow those who have more, to give of the Nebraska State Senate. This year, Carrie Coppinger-Carter is a senior back to those who have less. As indi­ Jennifer Johnson Grant is President tion of America, serving the needs of legislators in Nebraska will consider an associate with Brett & Daugert in viduals we understand and cherish the of the \Vashington \Vomen Lawyers. I n over 100,000 Washington residents amendment to the state's fertilizer laws Bellingham, Washington. She is in her value of justice: regardless of our addition, she was selected b y the King with seizure disorders. The Board of (Nebraska LB 1243), the text of which second term on the Board of Governors background, training or education we County Bar Association as their Out­ Directors of EF\V is currentl y seeking is almost all quoted from \Valiser's for the \Vashington State Trial Lawyers fee l the pain when justice is not served. standing Yo ung Lawyer for 2003. additional members. H eidi explains, writings. Association, and also serves on Justice, however, cannot be served Jennifer works in the C ity of Seattle's "EF\V is in the second year of an W STLA's New Members committee Public & Community Safety Division. aggressive plan to expand its services and as Roundtable Chair for \Vhatcom and its support base. A critical part of Juliet Wehr Jones recently accepted the County. Carrie celebrated the birth of this plan is to involve more members of We would love to share information about your career, family or personal position of Labor and Risk Mana g~ r fu1 son .Liam in lvJay '03 and now works the business and professional commu­ endeavors with the Seattle University School of Law community. Please the Washington State Patrol in Olym­ four clays a week. nity in the work of EF\V and to gain pia. She e nj oys the "reverse commute" send your updated information to lawalumni@seattleu .edu, or in writing Diana K. Saguchi is a legal aid attor­ from their insights and experi ences. If from her home in Seattle to her office in to Office of Alumni Programs, Seattle University School of Law, 901 ney with the N orthwest Justice Project. you are interested in more information, O lympia! 12th Ave. , Sullivan Hall , PO. Box222000, Seattle, WA 98122 -1 090 She is also a member of the Asian Bar please contact me at: The \Vashi ngton Young Lawyers Association of \Vashington. In 2003 [email protected] or (206) D iv ision presented its 2003 Thomas she co-facilitated a CLE offered to 52 1-6504." Nevill e Pro Bono Award to Jennie ABAW members, entitled "Legal A id: Kim Waldbaum is c urrently working Our Apologies Laird. Jennie works for Columbia A n Ethical Consideration." S he fre­ at Keating, Bucklin & JvlcCormack, a Legal Services. A computer programming error caused some issues of Th quently speaks on Poverty Law, and is civil municipal d efense firm in Seattle. the fall issu.e of e L awyer to be addressed incorr w an advocate for a Washington State loan H er practice focuses on land use mat­ ectly. Issues ere mailed to correct home addresses, but incorrect alumni names were associated with the address. VIe 1997 repayment program for public interest ters, civil rights cases, and highway want to assu.re you that th e programming error has been resolved, and yotlr records in om primary database remain accurate. Please Kyle Netterfield is a Senior Associate lawyers. design litigation. She is married with a accept our apology for this twfo1·t1mate mistahe. at Elli s Li & lvlcKinstry in Seattle. His Shelley Tanner was named to the young daughter. In ourfal/ 2003 issue, we incorrectly stated that Professo1· J'vlichael Roohe-Ley is a practice fo cuses on commercial litiga­ Board of Trustees for the lvlunicipal Professor Emeritus of the University of Oregon. In fact, Roohe- Ley is a Professor Em eri­ tion. Kyle a nd his wife keep busy League of Seattle and K ing County. She 2002 tus of Nova South eastern Universi ty S hepard Broad Law Ce nter in Fort Lattderdale, raising four young sons. works for Crista lVlinistries. After being admitted to the bar, David Florida. Anne-lVIarie Sargent does employ­ Doss retired from Qwest (after 29 ment law, commercial litigation, and 1999 years) and d ecided to "just dive into the consumer class actions with Short Kevin B londin announces the birth of fray and hang out m y shingle." David C ressman & Burgess. his daughter P eyton Elizabeth Blondin, continues, "The approach 1 have taken is a unique but rewarding one. C ur­ After 26 years as a commercial pilot, C. born on June 2 1, 2 003. Kevin continues South Africa rently, I have set up my 'office' in my Edward "Ed" Adams is now using his to work at Reitsch and Weston and li ve from page 17 home and I use the Internet almost law d egree to practice aviation law at in Longview, \Vashington. exclusively for client intake and case his firm !\dams & Peterson. H e also has Leslie (Bottimore) Nj ug una is con­ appraisal. Potential c lients usually wi ll The Constitutional Court finall y made this mandate clear in a solo practice doing PI, family law, tinuing to build her practice in the areas call or send an e-mail after visiting my Carmichele v Minister of Safety and Securit bankruptcy and traffic. His wife and of estate planning, probate, guardian­ y 2001 ( 4) SA 938 (CC) W eb site. I will gather some initial fa cts office manager, Deanie, reports, " Ed ship, family, business, and real estate (see especiall y paragraph 39) when it sent a case back down to the from the client and make a determina­ likes to tell clients, 'My goal is to get with Turnbull & Born, PLLC. in High Court based on a failure of both the High Court and Supreme tion whether to accept or not. I limit you through the legal jungle without an Tacoma, WA. She and husband m yself to a maximum of 3 or 4 open Court of Appeal to follow its constitutional mandate to evaluate alligator attaching itself to some part of Stanford lVl. Njuguna have a fi ve-year­ matters at any one time. This pace whether the common law was in need of development in light of the your anatom y."' Ed is also active in old daughter, Emma, and welcomed all ows me to do more background legal spirit, purport and objects of the Bill of Rights). L awyer-Pilot's Bar Association, N T SB their second child last Thanksgiving. research then I think I would be able to What this means is that almost every aspect of South African law do if I were working for a firm. The is now open for potential influence from the entire universe of legal client doesn't pay for my learning time, as I call it, but rather I bi ll for what I traditions. T he result is not to undermine the fo undations of the think would be a r easonable amount for law, to unsettle every rule, and to leave every existing right or en­ a particular matter. I am trying to get titlement in jeopardy. No doubt the exercise wi ll reveal those rules away from the bill able hour method to a and structures that do not have solid foundations. Those rules and whole matter method. (I d o track my structures which cannot be supported by the values of the new con­ hours on each matter and compare the two methods; this technique is a work stitutional dispensation are in jeopardy of being condemned. They in progress.) This approach could will need to be replaced with rules which are supported by those probably be utilized by more senior values. Those rules which can be, or are, supported by those values students, especiall y if they knew that will find a foundation as secure as any set of rules can be. They will there are many support resources out find a foundation that draws from a struggle to rid South Africa of there to cal l upon. Two such resources, WSTLA (Washington State Trial apartheid and its legacy, a foundation built on comprehensive sets of .Lawyers Association) and ATLA human rights drawn from the best international and comparative (Association of Trial Lawyers of practices. America), are almost indispensable." All of this, coupled with the practical hurdles cited in part one of Danielle H. Brown reports: " ] am this series, makes an already complicated legal system much more working for a small criminal defense complicated. It also makes it much more interesting and challenging firm and I am VERY happy. My boss is Thaddeus Martin '98 (left) with David Fuller '04 at the Washington State for those who are interested in the establishment of more open wonderful , the work is fun and exciting, Trial Lawyer's Association Holly Ball. and we are in a beautiful space on 4th democratic and overall just regime in South Africa. Steve Madsen t94 lets his law practice go to the dogs as he takes on the infamous Iditarod race

he famous Iditarod dog sled race across Southwest Alaska has attracted the most hardcore of endurance athletes 1973. The race follows the famous T route that in 1925 was used by dog sled teams ferrying diphtheria serum from Anchorage to Nome. This year, Steve Madsen was among the 34 rookies who tested themselves against 53 experienced mushers To take part in the 10-17 day race, Madsen took time off from his solo practice in Toutle, Wash., where he focuses on real estate and landlord/ tenant law. Madsen has run races throughout the Western United States. He drove to Alaska with his 16 Alaskan Huskies kenneled on the bed of his 1989 pickup, with his sleds in a trailer behind. His sled is outfitted with headlights and speakers, so he can listen to MP3s. He also carries plenty of food, foot ointment, and booties for his dogs; and extra fleece clothing for himself. Madsen started racing dog sleds shortly after graduating Seattle University School of Law, when his wife Janet bought him a sled. He first planned to enter the 2002 Iditarod, but decided against participating when their daughter Erin was born pre­ maturely that year. Now two years old , Erin stayed with grandparents while Janet attended the opening festivities. The race started on March 6. He finished the race in 14 days, 11 hours, 16 minutes and 5 seconds!

Steve Madsen and his team of d ogs took on the Iditarod this past year.

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