Time's up Oregon: Sexual Harassment In

Home , Tina Tchen

Published Quarterly by Oregon Women Lawyers Volume 30, No. 3 SUMMER 2019 Time’s Up Oregon: Sexual Harassment in Law By Teresa Statler WLS and the OWLS Queen’s Bench chap- more likely to resign (for example, the speakers ter, along with the majority of Oregon’s noted, former Ninth Circuit Judge Alex Kozinski). Oaffinity bar associations and the Mult- Courtney and Dana’s top suggestion for legal nomah Bar Association Equity, Diversity and employers was to commit to good training of all Inclusion Committee, presented a CLE program employees (live training, not online), with man- on May 8, “Time’s Up Oregon: Reckoning with agers trained separately from other employees. In This Issue Sexual Harassment in Oregon’s Legal Commu- If you experience sexual harassment yourself, nity.” The sold-out presentation was held at Courtney and Dana suggested that you confront Time’s Up Oregon President’s Message Upcoming OWLS Events Adrienne C. Nelson High School New Officers and Directors MBA Award Recipients Pay Equity in Oregon Courthouse Connection

Change Over Three Decades White Lion Photography & Design The speakers (left to right): Dana Sullivan, Courtney Angeli, Amy Collins, Tina Tchen Capitol Update the Benson Hotel in Portland and featured four it directly and calmly, call it out, find supporters Selling Your Success dynamic women speakers. The CLE was sponsored and mentors, consult an attorney, and “own” Judges’ Forum by the Diversity & Inclusion Department of the your worth and value by advocating for yourself. Judge Amy Baggio Oregon State Bar. Amy Collins, who is the coordinator of sexual Courtney Angeli and Dana Sullivan, partners and relationship violence prevention at Portland Diversity Mixer at Buchanan Angeli Altschul & Sullivan, kicked State University, spoke next on proactive violence Brunch and Bedazzle off the presentation with a primer on sexual prevention. She listed reasons that bystanders to Introvert Work Group harassment law. They reported that most women sexual harassment do not intervene, including Meet Judge Lisa Greif have experienced harassment in the workplace, fear, thinking that someone else should or could even though antidiscrimination laws have been do it, and risk of embarrassment. Intervening, Queen’s Bench transformative. Women of color, immigrants, however, is the right thing to do, Amy said. Visiting Cuba and LGBTQ individuals face special challenges. Options for action include being direct (telling Book Review: The Color of Law Workplaces have been feeling the fallout of the the harasser to stop), distracting or diverting the #MeToo movement, and there still needs to be a attention of the harasser, delegating or asking Board Member Kathryn Olney better understanding of women in the workplace. others for help, and delaying action in the short Mary Leonard Chapter Courtney and Dana also presented statistics term to come up with a long-term plan. CLE at- Take Your Kids to Work Day from the ABA Commission on Women in the Pro- tendees then, at their tables, practiced recogniz- fession, including that 50% of women attorneys ing barriers to intervening in sexual harassment have experienced sexual harassment on the job. and coming up with options to prevent it, based Progress has been made, however, including the on scenarios Amy presented. various trainings and reforms made in state and Tina Tchen, the keynote speaker, then took federal courts. The speakers said that legal em- the podium to share hope, ideas, and strategies ployers now are quicker to seek legal help when for creating diverse, culturally compliant, and sexual harassment issues occur in the workplace, equitable workplaces. Ms. Tchen, currently a they are more mindful of the morale of women partner at the Chicago firm Buckley LLP, is the employees, and they are more likely to bring in former executive director of the White House outside investigators to look into these issues. Council on Women and Girls. She also spear- There is also a greater likelihood now that sexual headed the Time’s Up Legal Defense Fund, which harassers will be terminated, and they are also Continued on page 12

OREGON WOMEN LAWYERS AdvanceSheet 1 SUMMER 2019 items that we can mark as completed President’s Message before moving to the next. It is a path featuring twists and turns, and perhaps ecently, I some roundabouts. The way forward Rhad the requires stamina, diligence, dedication, pleasure of and openness. attending Women are accustomed to working the Time’s Up hard and putting in extra effort. Women President Oregon CLE, now enroll in college and law school in Hon. Allison Boomer organized greater numbers than men yet continue President-Elect by Oregon’s Maya Crawford Peacock to do nearly twice as much housework affinity bar Secretary and child care. The model of strong, hard- Jacqueline Alarcón associations working women is close to my heart. My and spon- Treasurer mother raised three girls while working Kristin Sterling Hon. Allison Boomer sored by the full time as a teacher. She “did it all” with Historian OSB Diversity help from her mother, an immigrant to Adele Ridenour & Inclusion Department. I was inspired the United States in the 1920s who eked Board Members by the keynote speaker, Tina Tchen, who out a living while trying to learn English Elizabeth Ballard Colgrove is a partner at Buckley LLP and was an and “assimilate” to American culture. Sara Kobak Ericka Langone assistant to President Obama, executive During my childhood, my mother graded May Low director of the White House Council on papers on aluminum bleachers during Keshmira McVey Women and Girls, and chief of staff to Marisa Moneyhun my swim practices. I thought vacuuming Jennifer Nicholls First Lady Michelle Obama. Ms. Tchen was her hobby! Kathryn Olney reflected on her time in the White House, I see my friends and colleagues working Susan Pitchford eloquently and humorously articulating Adele Ridenour as hard as my mother did to excel in the Sheeba Suhaskumar lessons learned about the importance profession while caring for children and Silvia Tanner of maintaining focus on equity and in- aging parents. That hard work should be Amanda Thorpe clusion, and her fundamental optimism Gloria Trainor rewarded with equal pay and opportu- Hon. Katharine von Ter Stegge for the future. nities for advancement. Yet, statistics on Past Presidents Ms. Tchen said that during President pay equity, partnership, and leadership Amber Hollister Obama’s first term, he consciously pur- positions reveal persistent stagnation. Angela Franco Lucero sued diversity and gender parity in his Laura Craska Cooper Barriers to advancement are often insid- Elizabeth Tedesco Milesnick appointments. However, in the heat of ious and subtle. In hindsight, the belief Kendra Matthews the 2012 campaign, President Obama that we will achieve equity in the legal Kathleen Rastetter momentarily lost sight of those goals, Megan Livermore profession based merely on educational Heather L. Weigler which resulted in an inner circle of gains seems naïve. OWLS’ mission is just Concetta Schwesinger primarily white, male advisors. It can as crucial today as it was 30 years ago. Gwyneth McAlpine be overwhelming to embrace new chal- Heather Van Meter This year, OWLS will shine a spot- Laura Caldera Taylor lenges in stressful or difficult situations. light on pay equity at our annual Fall Kellie Johnson It’s easy to lapse into the comfortable Conference, on October 18 in Portland. Norma S. Freitas and familiar. It takes extra effort and Kate A. Wilkinson Experts will share their knowledge and Jennifer K. De Wald concerted awareness to continue growing experience. The challenge for us is to use Sarah J. Crooks and learning. our collective wisdom and experience to Elizabeth Schwartz Ms. Tchen’s story is particularly poi- Lori E. Deveny develop practical solutions moving for- Debra Pilcher Velure gnant on OWLS’ 30th anniversary, when ward. Join this important discussion and Marilyn E. Litzenberger some might wonder why we still need gather with friends to celebrate OWLS’ Teresa M. Kraemer organizations like OWLS and the other Patricia L. Heatherman 30th anniversary. Julie Levie Caron affinity bar groups. Thanks to the work Thank you for your ongoing support Phylis Chadwell Myles of many courageous trailblazers and their of OWLS. You enrich the organization. Helle Rode Diana Craine supporters, OWLS and its members have A special thank-you to OWLS past presi- Kathryn M. Ricciardelli come a long way in the past 30 years. dent Amber Hollister for her outstanding Agnes Sowle Oregon’s governor, attorney general, Katherine H. O’Neil leadership. I am honored to serve as your and a majority of the Supreme Court president and excited for the year ahead. Executive Director justices are women, to name just a few Linda Tomassi executivedirector@ achievements. Yet, we all must continue oregonwomenlawyers.org articulating our values and our vision Editor for the legal community. The work of Hon. Allison Boomer Elise Gautier equity and inclusion is not a checklist of President, Oregon Women Lawyers www.oregonwomenlawyers.org

Our mission is to transform the practice of law and ensure justice and equality by advancing women and minorities in the legal profession.

OREGON WOMEN LAWYERS AdvanceSheet 2 SUMMER 2019 Upcoming OWLS Events

Cascade Women Lawyers Queen’s Bench Student Mixer Josephine County Women Lawyers Bimonthly Networking Event Portland Grants Pass Bend Thursday, September 12 First Wednesdays, noon Wednesday, July 10, noon–1:30 p.m. Location TBD La Burrita, 1501 NE F St. Taj Palace, 917 NW Wall St. Cascade Women Lawyers Lane County Women Lawyers OWLS’ 30th Anniversary & OWLS Board Reception Eugene Celebration & OWLS Foundation Bend First Tuesdays in even months Legacy Society Launch Friday, September 20, 5–7 p.m. noon–1 p.m. Cafe Yumm on Broadway Portland Location TBD Contact: Kasia Mlynski Thursday, July 11, 5–7 p.m. Fall Conference: 100 SW Market St., in the Atrium Lawyers’ Association of RSVP to attend. No cost. Navigating Pay Equity Portland Washington County Contract Lawyers (Freelance Friday, October 18, 1–5 p.m. Hillsboro Third Wednesdays, 8:30–9:30 a.m. Attorneys) Discussion Group Followed by OWLS’ 30th Anniversary Celebration Insomnia Coffee, 317 E Main St. Portland and via phone Embassy Suites, 319 SW Pine St. July 19, September 20, noon Queen’s Bench OWLS HQ GrOWLS Chapter Portland 121 SW Morrison St., 11th floor Riverside Best Western in Hood River or Second Tuesdays, 11:45 a.m.–1 p.m. Montira Thai in The Dalles Mark O. Hatfield U.S. Courthouse Fashion Show to Benefit First Wednesdays, noon–1:30 p.m. 1000 SW Third Ave. Dress for Success Oregon Contact Carrie Benson for details. Register on the Queen’s Bench website. Portland Or watch via QB’s Facebook page. Thursday, August 1, 5 p.m. Joan Seitz Law Society Multnomah Athletic Club Roseburg 1849 SW Salmon St. First Tuesdays, noon Register online. Daily Grind Café, 368 SE Jackson St. PLITIGATIONowerful SUPPORT Photo: Hon. Marilyn LItzenberger Justice Adrienne C. Nelson speaks at the groundbreaking ceremony for the new Adrienne C. Nelson High School. he groundbreaking ceremony for Tthe new Adrienne C. Nelson High School was held on June 26 in Happy Valley, located in Clackamas County. Justice Nelson, a longtime OWLS member, was appointed to the Oregon Supreme Court in January 2018 and is the first African American to serve on an appellate court in Oregon. Several OWLS members attended the ceremony. The high school will open in fall 2021. Congratulations, Justice Nelson.

OREGON WOMEN LAWYERS AdvanceSheet 3 SUMMER 2019 OWLS Welcomes New Officers and Directors WLS is pleased to announce our new officers and board mem- Obers for 2019–2020. Hon. Allison Boomer was elected president, having served previously as president-elect and secretary. Allison is a tax magistrate at the Oregon Tax Court in Salem. Maya Crawford Peacock was elected OWLS’ president-elect, having served previously as secretary and historian. Maya is the executive director of the Campaign for Equal Justice, headquar- tered in Portland. Jacqueline Alarcón was elected secretary, having served previously as historian. Jacqueline practices family law with Yates Family Law in Portland. Joining the OWLS Executive Committee as treasurer is Kristin Sterling. Kristin is associate general counsel at Cura Cannabis Solutions. Joining the OWLS board members at the annual board retreat in May, which was held at the Silver Falls Conference Center (left to right): back row: Sara Kobak, Elizabeth Ballard Executive Committee as historian is Adele Colgrove, Kristin Sterling, Hon. Kate von Ter Stegge, Jackie Alarcón; Ridenour. Adele is a partner with Ball middle row: Hon. Allison Boomer, Silvia Tanner, Susan Pitchford, May Low; Janik in Portland and serves as a pro-tem front row: Kathryn Olney, Jennifer Nicholls, Keshmira McVey, Sheeba Suhaskumar judge in Washington County. All OWLS officers are also members of the OWLS McVey (Portland) and Marisa Moneyhun board to fulfill outgoing members’ terms. Board of Directors. (Portland). Additionally, Elizabeth Ballard Sara Kobak (Portland), May Low (Port- OWLS is also pleased to announce its Colgrove (Portland) and Sheeba Suhas- land), and Ericka Langone (Lake Oswego) newly elected board members, Keshmira kumar (Portland) were appointed to the were reelected to three-year terms.

OWLS Members The Oregon Women Lawyers Foundation, the 501(c)(3) sister organization to OWLS, Receive MBA Awards is proud to focus on educating and supporting women and minorities in order to further their access to and participation in Thank You the justice system. for Supporting We fund the Armonica Law Student the Book Grant, the Vernellia R. Randall Bar Exam Grant, the Justice Betty Roberts OREGON Leadership Conference Grant, and the Hala Gores (left), who received the MBA White Lion Photography & Design Diversity Award, and MBA President Janis Hardman Medical Support Grant. Rima Ghandour, who is also the immed- WOMEN iate past president of Queen’s Bench, the Remember the OWLS Foundation and OWLS chapter in Multnomah County. LAWYERS give a lasting legacy. Join the OWLF everal OWLS members received FOUNDATION Legacy Society. awards from the Multnomah Bar SAssociation in May. They included Visit www.owlsfoundation.org/donations Hala Gores, recipient of the MBA Diversity Award; Kasia Rutledge, recipient of the MBA Award of Merit; Anthony Blake Jr., recipient of the YLS Award of Merit; and Julia Hagan, recipient of the MBA Pro Bono Award. The MBA Professionalism Award recipient returned her award after the dinner and asked that the award reflect “no recipient” for 2019. The MBA board is honoring her request.

OREGON WOMEN LAWYERS AdvanceSheet 4 SUMMER 2019 Pay Equity in Oregon: OWLS Fall Conference & Anniversary Celebration on Oct. 18 By Anne Milligan n July 2017, Oregon passed the most The 2017 amendments also dramat- that measures comprehensive piece of pay equity ically enhanced damages under the earnings by Ilegislation in the nation. Some were OEPA. ORS 652.230 allows for one year quantity or confused by it, while others barely took of “unpaid wages” plus an equal amount quality of notice. After all, Oregon’s original Equal as liquidated damages. ORS 659A.885 production; Pay Act (OEPA) predated the federal allows for two years of back pay, as well workplace lo- Equal Pay Act (EPA), and the federal EPA as compensatory and punitive damages. cations (e.g., has been in place since 1963. The truth In addition, ORS 652.230 provides manda- Portland vs. is, in the 56 years since the EPA became tory language for an award of fees to the Medford); law, the promise of pay equity between successful plaintiff. In contrast, the EPA travel (if nec- men and women has not been fulfilled, allows only economic (the pay difference) essary and and an explicit promise of pay equity and liquidated damages. regular for Anne Milligan between other protected classes was not Under the OEPA, “compensation” is the employ- made by any state until 2016. all-inclusive. It is more than just wages ee); education; training; experience; or Despite the decades, equal pay lawsuits or salary—it includes everything from any combination of these factors if the are still extremely rare. Only 29 opinions vacation, health care plans, and bonuses combination accounts for the entire com- cite to ORS 652.220—the OEPA: 13 in to relocation reimbursement, to the ex- pensation differential. No other factor state court, 16 in federal court. Only 18 of tent the reimbursement exceeds actual can justify a pay disparity. those opinions are published precedent. costs incurred. New Safe Harbor The 2017 amendments to the OEPA are New Bona Fide Factors Oregon’s law gives employers a safe specifically calculated to end that litiga- The OEPA now provides that an em- harbor if they conduct a pay equity anal- tion lull and close the wage gap. ployer can pay employees differently for ysis, but it is not a complete defense. The The gender wage gap is measured similar work if the entire difference in new provision allows courts to grant em- using data gathered by the U.S. Census compensation is based on one of the stat- ployer motions to disallow compensatory Bureau and the Bureau of Labor Statis- utory bona fide factors: a seniority system and punitive damages if the employer tics, comparing all wages earned by all (e.g., a union); a merit system; a system Continued on page 6 women who work full time, year-round, to all wages earned by all men working full time, year-round. The results of that analysis are stark. Nationwide, for every dollar made by a white man in 2015, white women made approximately $0.77, African American women made $0.64, AMATO MEDIATION and Hispanic women made just $0.56. Oregon’s new law is a sea change in five parts: it expands the protected classes covered by the law, expands the damages allowed under the law, expands the definition of compensation, narrows the “bona fide” reasons that an employer can LISA AMATO give to justify a pay disparity, and creates DISPUTE RESOLUTION SERVICES a narrow safe harbor that limits damages but not the fact of liability. Coverage, Damages, TELE 503.789.3262 and Compensation EMAIL [email protected] The OEPA provides all employees the WEB amatomediation.com right to sue under ORS 652.230 (unpaid wages and damages) or ORS 659A.885 MEDIATION • ARBITRATION (civil action) for pay disparities between workers performing work of comparable character. ORS 652.220(6). While the federal EPA covers only pay disparities between men and women, the OEPA covers Oregon’s ten core protected classes: race, color, sex, religion, age, sexual ori- entation, national origin, marital status, veteran status, and disability.

OREGON WOMEN LAWYERS AdvanceSheet 5 SUMMER 2019 Pay Equity in Oregon continued from page 5 can show that in the last three years it law, would also provide that increases in will break into (1) completed an equal-pay audit (2) in employee pay that result from an audit small groups to good faith that was (3) reasonable in are not an admission of liability in a pay engage in facil- detail and scope in light of the employ- equity lawsuit. It also explicitly provides itated discus- er’s size and (4) related to the protected that an employer can pay employees per- sion of several class asserted by the plaintiff; and (5) forming work of comparable character topics, includ- as a result of the audit, the employer differently if justified by the statutory ing knowing eliminated the wage differentials for the bona fide factors and contained in a your worth, ne- plaintiff and (6) made reasonable and collective bargaining agreement. gotiating pay, substantial progress toward eliminating OWLS Fall Conference on Oct. 18 and real-world wage differentials for the protected class compliance. Intrigued by the new law? Wondering asserted by the plaintiff. Even if a safe Email proposed Laura Salerno Owens how it will affect your compensation as harbor motion is granted, an employee questions and an employee, or what steps you need to would still be owed back pay if she can discussion topics to OWLSCLE@gmail. take as a partner/employer? Join OWLS in show an illegal wage differential. com. Questions and topics will be used Portland on Friday afternoon, October 18, anonymously. We can’t wait to see you! Amendments to the Amendments for the annual OWLS Fall Conference, For more information, please email SB 123, passed by the Oregon legisla- followed by a special celebration in [email protected]. ture on June 29, 2019, will amend the honor of OWLS’ 30th anniversary. Maya standard to achieve safe harbor, if the Raghu, director of workplace quality and Anne Milligan is a deputy city attorney bill is signed by Gov. Brown. Instead of senior counsel to the National Women’s at the Portland City Attorney’s Office. making safe harbor contingent on an Law Center, will open the program with employer providing an employee-plaintiff a keynote address providing historical OWLS’ Federal with a flawless and voluntary economic context, defining key concepts, and remedy before litigation even happens explaining efforts around the country Courthouse (see #5 above), SB 123 allows employers in courts, legislatures, and companies. Connection safe harbor from compensatory and pu- Next, Laura Salerno Owens of Markowitz nitive damages if they conducted a pay Herbold and Anne Milligan of the Port- equity audit that was calculated to and land City Attorney’s Office will bring the actually did close some wage gaps, even focus to Oregon, sharing practical tips if it wasn’t perfect. SB 123, if signed into from their years of experience. Attendees

Adele Ridenour (left), OWLS historian, with Judge Anna Brown at the event ne hundred OWLS members, friends, colleagues, law students, Osummer associates, and mentees gathered on June 14 for OWLS’ annual Federal Courthouse Connection. Each June, OWLS partners with the chief judge of the U.S. District Court for the District of Oregon for this casual networking lunch, held at the Mark O. Hatfield U.S. Courthouse in Portland. During a short intermission, Judge Anna Brown offered a brief history of women judges on Oregon’s federal bench, noting that it has been 20 years since a woman has been appointed as a Videoconferencing with Dual HD Monitors • Bluetooth Touchpad and Keyboard U.S. District Court judge for the District of Oregon. Historically, only 18 women Reliable technology have served on all of Oregon’s federal Paperless Document Sharing • Remote Witness/Counsel/Expert/Party benches, including those serving as magistrate judges. with customizable solutions. A special thank-you to Gosia Fonberg Live Streaming • Attend from PC, tablet, smartphone from Chief Judge Michael Mosman’s office, the federal judges in attendance, Let us host your next videoconference deposition. and event sponsors Garvey Schubert Barer and Hon. Stacie Beckerman.

OREGON WOMEN LAWYERS AdvanceSheet 6 SUMMER 2019 Progress Made, More Work to Do OWLS charter members discuss how the practice of law has changed over three decades By Elisa Dozono t was a time before email, before Judge Brady recalls a male judge who and then the blogs, Twitter, even websites. The became so focused on her that he would lid blew off Ilawyer ads in the Oregon State Bar switch dockets to make sure that she was because it was Bulletin were basic text boxes with stark in his courtroom—until her male boss in- too much.” block-letter announcements that provid- tervened. “There were lots of stories early While court- ed phone numbers but no other contact on, but very few by the time I left,” said room attitudes information. Judge Brady. “There are fewer ‘sweet- have improved, Indeed, OWLS’ founding in 1989 came heart’ and ‘little lady’ comments now.” Judge Brady shortly after the first fax transmission Former Oregon Secretary of State and notes that the from NASA to the space shuttle Discovery, Women’s Rights Coalition lobbyist Jeanne challenges for leading to great debate over whether Atkins worries that women haven’t civil practi- law firms truly needed to invest in fax achieved as much movement as they can tioners remain Chris Helmer machines that could process a standard in the legislative arena. if you want to page in 15 seconds 24 hours a day.1 “We’ve been good on health and well- balance a 60-hour workweek with family Chris Helmer, the first woman attorney ness alliances and family leave, but we’ve life. In 1989, 22.5% of the bar had a per- hired at Miller Nash Graham & Dunn, missed some basic civil rights issues,” sonal income over $90,000. In 2017, the notes that there was less urgency in those she observes. Take sexual harassment: median income for all women attorneys days, and less expectation of availability. “It’s surprising that ‘Me Too’ complaints was $88,000, while the median for men Back then, when Chris traveled overseas have taken this long to take off and rise was $120,000.4,5 for her international law practice, she up. It’s so basic to people to be able to Diversity consultant and executive had to find a phone booth to pick up her operate,” she says. “We’ve been trying to coach Peggy Nagae believes that the messages. In May, she opened her laptop change the rules in the good professional promotion of women into the highest in Germany and was immediately on the way you’re supposed to . . . in the system levels of leadership and recognition of Miller Nash system. Technology, she notes, that is—not be too angry, too whiny— Continued on page 9 has sped the world up, but “it’s good and bad because you can’t get away.” In 1989, women made up only 22% of the Oregon State Bar;2 as of 2017, women still comprised only 37%.3 Senior Judge Alta Brady says that when she began practicing law in Central WE DON’T JUST SERVE THE Oregon, it was not uncommon for her to be the only female in the courtroom OREGON LAW COMMUNITY. other than court staff. When the handful of women lawyers in the area began WE’RE PART OF IT. meeting as an informal support group, their male counterparts dubbed them “the Coven.” Today, the group is more commonly known as Cascade Women Lawyers. Judge Brady says that now it’s not Our expert lenders are here to help. uncommon to have all women in her From being active members of many Oregon law associations, to courtroom. And as the Deschutes County serving as the preferred bank of the Multnomah Bar Association, we’re District Attorney’s Office has hired more women, increasingly “the rock-star liti- committed to supporting the law community and helping your firm succeed. gators have been women handling the Our bankers understand the needs of attorneys and firms because they’ve high-profile cases.” spent time getting to know them. See how good your relationship with a Both Chris Helmer and Judge Brady bank can be at ColumbiaBank.com or call 877-272-3678. note the dramatic changes in courtroom attitudes as well. Chris Helmer recalled Judge Gus Solomon’s chastising the other woman being sworn into federal court with her for wearing pants. “Back then, you couldn’t wear pink because it was not Member FDIC Equal Housing Lender tough. Today, you don’t have to be a woman trying to act like a man,” said Chris.

OREGON WOMEN LAWYERS AdvanceSheet 7 SUMMER 2019 Overview State Court Technology Fund. Since regon’s 80th Legislative Assembly the implementation of Oregon eCourt, Oadjourned Sunday, June 30, just the Oregon Judicial Department and the hours shy of the constitutionally required Oregon legislature have explored and uti- adjournment time of 12 midnight. During lized a variety of funding sources. These a frenetic session punctuated by rancor, include civil filing fees and funds from the the supermajority of Democrats in both Criminal Fine Account, which are depos- chambers achieved major wins, including ited in the State Court Technology Fund a $2 billion tax increase to fund educa- to fund the Oregon eCourt program. tion, various housing bills (HB 2001, 2003, By Susan E. Grabe Under HB 5029, just under $4 million is and 2006), paid family and medical leave allocated to the State Court Technology (HB 2005), Medicaid funding, pay equity improvements to court facilities, as well Fund for Oregon eCourt. This is a 25% (SB 123), an increase in the Earned Income as to increase the number of judges and increase over the 2017–2019 approved Tax Credit (SB 758), and prepaid postage staff to ensure access to justice. Citizens’ legislative budget. on ballots (SB 861). However, significant Campaign for Court Funding members In addition, the legislature passed bills that did not pass included those throughout the state advocated for House Bill 2241, which authorizes the concerning non-unanimous juries (HJR adequate funding for the courts. Their chief justice to collect case initiation fees 10), a non-economic damages cap (HB advocacy made the difference, and in from public bodies and local govern- 2014), a task force to restructure indigent the last few days of June, the Senate ments. These funds will also be deposited defense (HB 3145), vaccines, guns, and and House passed House Bill 5513 and in the State Court Technology Fund. The most notably, the cap-and-trade carbon a number of other bills that provided legislature expects $2.4 million to be bill (HB 2020), which triggered a nine-day funding to address many of the depart- raised by this bill, allowing Oregon eCourt walkout by 11 Senate Republicans (their ment’s needs. Thank you to everyone to be fully funded for the biennium. second walkout of the session). Once who contacted legislators, testified in Filing Fee Increase. In addition, the members returned to provide a quorum Salem, and participated in the Oregon legislature increased most civil filing fees so the Senate could conduct its business, State Bar’s Day at the Capitol. by 6% (a handful are 3%) (HB 3447). Ex- the session proceeded at breakneck Staffing. Senate Bill 5513 restores fund- amples include filing, motion, settlement speed Saturday and Sunday, concluding ing for 80 vacant judicial staff positions, conference, trial, document, and mar- on the 30th. which will enable the courts to begin to riage solemnization fees. The increase in filing fees will go into effect on October 1, OSB Priorities restore public service hours and improve the timeliness of court actions. In addi- 2019. Almost $300,000 of the increase will The Oregon State Bar budget priorities tion, the legislature approved nine new be directed to the State Court Technology for 2019 were to support (1) adequate positions to support the implementation Fund this biennium. Notably, the bulk of funding for Oregon’s courts, (2) funding of SB 24 (aid-and-assist legislation) and this filing fee increase, the approximately for indigent defense and low-income SB 973 (behavioral health prevention $3 million remainder, will be deposited legal services, and (3) the bar’s package and diversion grants). These two bills into the state’s General Fund. of law improvement legislation, includ- provide support and services for people ing changes to clarify the language of Legal Aid and Indigent Defense with serious mental illness and substance the bar’s mission to protect the public Another OSB budget priority was to addictions. and the bar’s relationship to the Oregon increase funding for legal services for Judges. The legislature recognized the Supreme Court. low-income Oregonians in both the civil need to address increased workload and and criminal justice systems. OJD Budget and Citizens’ added two new judgeships, one in Jack- Civil Legal Services. Since 2011, funding Campaign for Court Funding son County and one in Marion County, for legal aid has been a static statutory After the Ways and Means tri-chairs with funding for support staff (HB 5050 allocation. At the beginning of the 2019 released their proposed budget, which and HB 2377). In addition, judges will legislative session, the Oregon State Bar called for 5% and 6% reductions in fund- receive a salary increase next year, and Board of Governors introduced SB 357 ing for the Oregon Judicial Department, the legislature permanently removed the in support of civil legal-aid providers the Citizens’ Campaign for Court Funding statutory connection between legislative in Oregon. The goal of the bill was to kicked into gear. Such a reduction would salaries and judicial salaries. Judicial increase the amount of state funding have had devastating consequences for compensation will be increased by $5,000 for civil legal-aid services and create a the court system. Since certain parts of its beginning on July 1, 2020. biannual funding increase. budget are constitutionally protected and Courthouse Projects and Bonding This year, after discussions with advo- cannot be reduced (such as interpreter Authority. This biennium, the legislature cates and the tri-chairs of the Joint Com- payments, juror payments, and judges’ provided bonding authority to rehabili- mittee on Ways and Means, funding for salaries), any cuts are felt more deeply tate, update, and replace five courthous- civil legal-aid services was incorporated everywhere else in the budget. es: Lane County ($87.6 million), Clackamas into the Oregon Judicial Department A key component in the OSB support County ($31.5 million), Linn County ($15.9 budget (SB 5513). As a result, the Legal for the courts was the Citizens’ Campaign million), Multnomah County ($8.5 million Services Program, which provides fiscal for Court Funding, a statewide coalition for furnishings), and the Oregon Supreme and regulatory oversight to Oregon’s of citizens, business, and community Court Building ($27.8 million). In addition, civil legal-aid providers, will distribute groups formed to ensure adequate and the legislature provided $2 million in approximately $400,000 in additional stable court funding. This effort includ- General Fund dollars for planning for the funding this biennium to legal-aid pro- ed work to provide funding for critical new Benton County Courthouse. Continued on page 9

OREGON WOMEN LAWYERS AdvanceSheet 8 SUMMER 2019 Capitol Update continued from page 8 More Work to Do viders. This is the first increase in state in specific circumstances continued from page 7 statutory funding in almost a decade. • Acknowledges the bar’s responsibil- their value still has a ways to go. She sees Indigent Defense. The OSB also worked ity to regulate the legal profession, tremendous positive change not only in to ensure funding sufficient to support support the judiciary, and advance the number of attorneys of color, but also (1) adequate compensation for publicly access to justice in their leadership and willingness to be funded attorneys in the criminal and juve- • Acknowledges the inherent authori- part of the change process. In OWLS’ next nile justice systems (2) reduced caseloads ty of the Oregon Supreme Court over 30 years, she hopes that white women, for attorneys representing parents and the Oregon State Bar and regulation who have both outsider and insider ex- children, and (3) efforts to ensure the of the profession perience, from gender and whiteness, right to counsel for adults at the trial • Removes the prohibition on charging respectively, will use that status to be level in Oregon. The OSB supported the license fees for 50-year members bridge builders for others more often in Defense Services Commission funding • Adjusts reporting timelines for IOLTA the diversity and inclusion realm. “This under SB 5532 and efforts to imple- accounts is why organizations like OWLS,” Peggy ment the recommendations of the Sixth Placing this language in the statute says, “are so important—to keep spear- Amendment Center Report to restructure will allow the bar to continue to focus on heading and not assuming that there is the way indigent defense is provided and public protection while responding to the equity and that our work is done, because to ensure that caseloads are maintained changing nature of the legal profession. it’s not.” at a level that allows public defenders Thank you to the section volunteers Elisa Dozono, a partner at Miller Nash adequate time to provide competent who shepherded these proposals through Graham & Dunn in Portland, received the representation for all clients. the legislature. The OSB Scorecard can be OWLS Roberts & Deiz Award this year. Indigent Defense Restructure. HB found here. Congratulations to the bar Endnotes 3145 originally proposed to create a sections and their legislative contacts for 1. “The Facts about FAX,” Oregon State Bar new indigent defense structure based the successful passage of the proposed Bulletin, July 1989, 23–24, 38. on the recommendations from the legislation! 2. Oregon State Bar Membership Research Sixth Amendment Center and was later Most of the legislation that lawyers Survey (“1989 OSB Membership Survey“), 10. amended to form a task force to further care about will be covered in the OSB 3. Oregon State Bar 2017 Economic Survey: study the issue. That bill failed to pass, Legislation Highlights, to be published Report of Findings (“2017 OSB Economic but HB 5050, which did pass, includes a in early fall. Survey”), 10. $20 million appropriation to Office of Susan E. Grabe is the director of the Ore- 4. 1989 OSB Membership Survey at 36. Public Defense Services. It is likely that gon State Bar Public Affairs Department. 5. 2017 OSB Economic Survey at 24. legislative leadership will pull together a work group and bring something back in 2020 to address those recommendations related to pay parity and caseloads. OSB Law Improvement Proposals The third OSB priority for 2019 was to support the OSB 2019 Law Improvement Package. The package of legislation, which included the following nine legislative concepts, was successfully enacted: SB 357 (Legal Aid Increase) —Incorporated into SB 5513 SB 358 (Bar Act Update) MEDIATION SB 359 (Ratification of Defective Corporate Acts) A RBITR A TION SB 360 (Nonprofit Code Update) SB 361 (Prudent Investor) 25 years civil and criminal HB 2459 (Lien Information trial experience. Statements) HB 2460 (Senior Property Tax Referral Program) HB 2461 (Eviction Stay for Veterans) —Concept incorporated into HB 2530 MULLEN ADR HB 2462 (Veterans in the Criminal [email protected] Justice System) Most important for the bar was SB 358 503-901-6199 (Bar Act Update), which does five things: • Allows the Oregon Department of Revenue to disclose information to Molly Jo Mullen the bar regarding member activity

OREGON WOMEN LAWYERS AdvanceSheet 9 SUMMER 2019 OWLS Leadership Committee: Selling Your Success By Marisa Moneyhun and Linda Tomassi n April 11, the OWLS Leadership Committee hosted a panel dis- Ocussion in Portland titled “Selling Your Success.” The panel featured Julia Markley (of Perkins Coie), Sheila Potter (Oregon Department of Justice), and Corinne Celko (Emerge Law Group), with Marisa Moneyhun (Law Office of Marisa Moneyhun) serving as moderator. Over 30 OWLS members attended this lunchtime event. The discussion’s purpose was to assist Panelists (from left) Julia Markley, Corinne Celko, and Sheila Potter with moderator Marisa Moneyhun. associate-level and newer attorneys in presenting themselves in the best possible • Track your client deliverables, pro • Mistakes aren’t the problem. Not light during the annual review process. bono work, and other community acknowledging or learning from Topics included how to present accom- service work. them is the problem. If something is plishments, how to address and overcome • Keep track of your small accomplish- fixable, talk about what you did to setbacks, setting realistic goals for the ments as well as your large ones. fix it. If you can’t fix a mistake, talk future, and how to “talk numbers.” • Own your success. Own your achieve- about what you did to ameliorate Sheila said that at the Department of ments. Make sure you demonstrate the damage. Justice, “no one should be surprised by your value to your organization. • Being able to incorporate negative what is said at the evaluation,” given • If you don’t have the confidence to feedback is important. Own up to the department’s process of ongoing own your accomplishments and can’t your part of a mistake, and the conversations. just “come out and say it,” you can solutions. Ask for advice. Show that Julia noted that self-evaluation is im- use language such as “I focused on you are self-aware, take initiative, portant at Perkins Coie, where everyone xyz and it came to fruition.” and are introspective. in the firm, including partners, goes • Don’t assume that the firm notices • Find out your reputation from some- through an evaluation process. what a good job you’re doing and one who will be determining your The panelists offered many tips: will reward you accordingly. future, a person who has a seat at • Follow the instructions on your re- • If you are complimented, say thank the table. view form. you and own it. It is appropriate to • Have a “stable of mentors.” Gender • Use active verbs. acknowledge team effort, but own doesn’t necessarily matter here. • Have someone else review your form the compliment. • When talking about numbers, use before you turn it in. • You can do amazing work and still statistics and speak to your ability • Keep compliments you receive—for lose. Talk about the process and the to build business, your skills sets, the bad days, as reminders, and to help outcome. clients you brought in, and ways you with performance reviews. Keep ap- • If you go into your review with the took initiative. Make the business provals and compliments in email and attitude that “everything is perfect,” case for your pay. other folders to track your successes. you’d better be right. OWLS thanks the panelists for their • Share your accomplishments in real • If you have improvements to make, insights. time. When you receive a compli- use language like “here is what I Marisa Moneyhun is the attorney owner ment, forward it to the partner with learned from this, what I’d like to of the Law Office of Marisa Moneyhun in “what a nice compliment from our get better at, and what I’m doing Portland and serves on the OWLS board. client.” differently now.” Linda Tomassi is OWLS’ executive director.

LATERAL ATTORNEY. Tomasi Salyer Martin PC is an 8-lawyer, dynamic law Support OWLS’ work firm in downtown Portland, with a strong commitment to providing excellent by placing an ad in the services to our financial institution, business, and land use clients, while enjoying a balanced life in the Pacific Northwest. We seek a transactional attorney with at OWLS AdvanceSheet. least five (5) years of experience drafting corporate and business documents to primarily support our finance law practice. An attorney with experience drafting loan documents for lenders is a plus, but we are willing to mentor someone with significant transactional experience. We strongly value congeniality and teamwork among all our employees, and strive to think “outside the box” in our business model. We have been a majority women-owned firm since we opened our doors in June, 2012, Contact us at 503.841.5758 or and support diversity in our hiring discussions. Interested applicants should send their resume executivedirector@ and cover letter to [email protected]. oregonwomenlawyers.org.

OREGON WOMEN LAWYERS AdvanceSheet 10 SUMMER 2019 What OWLS/LCWL THE JUDGES’ FORUM Meant to Me on My Journey to the Bench n law school, I never contemplated a need to be involved in any organiza- Ition that promoted the advancement of women and minorities in the law. I had grown up with the support of family and Judge Debra E. Velure friends, and I knew I could accomplish Lane County Circuit Court anything I set my mind to. I know now succeeded. Marilyn was equally thrilled that it was naïve to think that this alone the bench. Lesson 2#: Networking with with the news of my appointment, and was all I needed to succeed as a lawyer. women inspires a code to live by—WWBD I was grateful to share a few months on My outlook changed when I started (What Would Betty Do?). the bench with her before her retirement private practice and was exposed to I started my local chapter involvement at the end of last year. Marilyn’s example challenges and choices that would shape with some disappointment. At the first of persistence inspired me when I faced my career and personal life. several meetings I attended, there was multiple rejections. Lesson #4: Never let I remember negotiating the employ- no programing—just a couple of women anyone steal your dreams. ment contract for my first job as a prac- ordering lunch and talking about their Next up—motherhood, which brought titioner. A pregnancy leave policy was dogs. I was fortunate to meet Antonia me back to Eugene to be near family and important to me because I had decided DeMeo, who had become involved on led to my application for the bench. In not to pursue veterinary medicine when I the state level. She said that Lane County the six years since I had left Eugene, I received career counseling in high school needed a representative on the state felt forgotten there, but I immediately indicating that I could not be a vet if I OWLS board and she thought I’d be sought out LCWL to renew my involve- wanted to have children. A document the great at it. I decided to take the plunge. ment. The group’s focus had expanded to law firm gave me contained a “Disability I served on the OWLS board with Laura include interdisciplinary networking and Leave” provision. I asked, “Is pregnancy a Montgomery and met Carrie Cogswell more participation with the University of disability?” Although I heard, “We never Connelly on a Spring CLE planning com- Oregon Law School. I knew I was now thought of that,” the firm stepped up mittee. We brought the energy we found home and made the decision to apply for immediately to offer a pregnancy leave at the state level to LCWL, and we started a vacancy with the Lane County Circuit policy for me and those who came after local programming and clothing drives. Court. OWLS, specifically, Kate Wilkinson me. Later, as I began counseling clients, Lesson #3: Work-life balance means say- and the Judicial Work Group, provided some responded to me in ways that ing yes sometimes. help with the process, including editing were more puzzling, making comments I served with many amazing women on of application materials, mock interviews, like, “We like it when you attend our the OWLS board, including Gini Linder and support when I failed. Lesson #5: It meetings ’cuz you’re much prettier than (nka Judge/Justice). At a board retreat at is always okay to come home. [older male lawyer].” No one mentioned Camp Sherman, I brought a few bottles While my investiture last September my abilities or intelligence. Lesson #1: of my “homebrew,” and Gini and her was a celebration of my accomplish- Speak up for what you think is important. partner, Colleen, were game to try it. An ment, my proudest moment was seeing Don’t assume that others will offer you invaluable bond of mentorship formed an entire row of LCWL members with a what you need. as Gini inspired me with stories of the bouquet of flowers for me. OWLS was From these early experiences, my eyes pioneering women, including herself, 29 years old, and the faces of LCWL are were opened to issues that I never imag- who created a landscape for Oregon legal new, but the energy and capabilities of ined I would encounter, so I joined OWLS/ practitioners before there was OWLS. these women inspire confidence that the Lane County Women Lawyers (LCWL) Gini was ultimately the first person OWLS mission is in good hands. Lesson #6: Bring when I was offered my first year of mem- endorsed for judicial office, and I was others with you on your journey. bership free. The statewide organization thrilled to be part of that vote. I admired was just five years old. I went to my first her commitment to OWLS’ mission in OWLS event in the Spring of 1995 at Lewis serving for many years as OWLS historian. Judge Amy Baggio & Clark College. I must have been looking Lesson #4: Remember where you came WLS congratulates Judge Amy a little lost in the main room as a woman from and how you got where you are. Baggio, an OWLS member, on approached me and introduced herself: When OWLS turned 15, I left Eugene Oher recent appointment to the “Hi, I’m Betty. Where are you from?” to follow my husband’s job. Because of Multnomah County Circuit Court. A The conversation went from there, and OWLS, the transition to practice in Port- graduate of Lewis & Clark Law School, in a few minutes I found a seat and was land was easier, and I felt welcomed by she worked at the Office of the Federal learning who “Betty” was. The open arms the Queen’s Bench community. During Public Defender for ten years and then of OWLS gave me a safe haven to discuss that time, I was privileged to appear as a criminal defense attorney in private the issues I was facing with women, like in front of Hon. Marilyn Litzenberger, practice. She has received awards from Betty, who had already blazed a trail who served as OWLS president immedi- the ACLU of Oregon and the American for me to follow. I remember Betty’s ately before I did. I lived her struggles Jewish Committee for her representation counsel and encouragement later when in applying for a judicial appointment of detainees held at Guantanamo Bay I shared with her that I aspired to be on and felt victorious when her campaign Detention Camp.

OREGON WOMEN LAWYERS AdvanceSheet 11 SUMMER 2019 Oregon’s specialty OWLS Introvert bars and Perkins Coie welcomed Work Group law students and By Elizabeth Elkington attorneys to a diversity mixer on n introvert can be defined as Thursday, June 13, someone who prefers calm envi- on Perkins Coie’s Aronments. In general, introverts terrace in Portland. tend to prefer less stimulation, and they Enjoying the event need to recharge after social gatherings. are (from left): Extroverts usually gain energy from so- at top: Kim Stuart, cial interactions. On the spectrum from Judge Steven Powers, introvert to extrovert, most people find Julia Preciado; middle: themselves somewhere in the middle. To Iayesha Smith, gain a better understanding of where you Kamron Graham, fall on this spectrum, you can take the Kristina Holm, Meyers-Briggs personality test. Kim Stuart; bottom: The OWLS Introvert Work Group was Gloria Trainor, created to provide assistance to intro- Eva Goldberg, verts operating in a world designed for Shari Gregory, Talia Guerrero, extroverts. As a subgroup of the OWLS and baby Emery Leadership Committee, the work group’s Guerrero. goal is to teach others the value of introverts and provide leadership skills to GALLA (the LGBT Bar Association of Oregon) and the OTLC (the Oregon women and people from non-dominant Trans Law Caucus), with the help of OWLS, held the fourth annual Brunch cultures. Whether a person identifies as Oand Bedazzle, hosted by Perkins Coie in Portland, prior to the Portland an introvert or an extrovert, the work Pride Parade on Sunday, June 16. Thank you to Perkins Coie and to Jackie Alarcón, group aims to help OWLS members Shari Gregory, Ed Marks, and Maria Keddis for their generous donations that develop leadership skills and recognize made the morning possible. This year marks Stonewall’s 50th anniversary, and strengths in one another. we honor the trailblazers who fought for LGBT equality in the 1969 uprising. The work group is currently planning a fall lecture series that will focus on pro- —By Kristina Holm, an attorney at Perkins Coie in Portland grams designed for law students. These lectures will be presented by alumni who Time’s Up Oregon continued from page 1 identify as introverts and can offer advice has raised over $23 million and provided Ms. Tchen concluded her presentation on navigating the legal world as an in- 800 attorneys for pro bono and reduced with ideas on how the legal profession trovert. Lectures will be held at Lewis & fee services to fight sexual harassment. can change. First of all, sexual harassment Clark Law School, Willamette University, Ms. Tchen began her presentation with needs to be taken as seriously and treated and the University of Oregon. the sobering fact that the legal industry with the same rigor as other illegal con- Additionally, the work group is plan- will not reach gender parity in law firms duct, such as securities fraud. We need ning a series of webinars for people who at senior levels of the profession until a holistic approach to building balanced want more information about being an 2181. She also said that sexual harassment workplaces; this includes a diverse work- introverted lawyer. Topics may include remains prevalent in law firms where force and leadership. Workplace culture the introvert-extrovert spectrum, legal there are allegations of gender bias and needs to be “driven from the top”—all skills for introverts, and networking skills. male-dominated culture is on display, employees will notice the actions, tone, The work group has also begun hosting especially in firms doing litigation. There and signals from a firm’s senior partners. a series of bimonthly social hour gather- is some good news, however. The “old An intentional and sustained effort is ings to provide smaller scale networking boy network” is being challenged, sexual needed to reinvest in, and keep current opportunities for introvert lawyers. The harassment is more often reported now, in, diversity programs. Lastly, the legal first will be at the offices of Gevurtz and the gender pay gap is slowly starting profession needs to go beyond the le- Menashe on July 9, and the next will to narrow. The gender “credit gap,” when gal requirements. Ms. Tchen suggested take place in September. These socials are men take credit for women’s ideas, is also that instead of mere compliance, legal reserved for a limited number of people being highlighted and challenged. employers must train to the culture and to ensure that those present can create Ms. Tchen recommended that women values they want. new contacts in a relaxed environment. attorneys pay attention in meetings, OWLS thanks all the presenters and CLE For details, contact Elizabeth Elkington focus on the barriers and “micro aggres- sponsors for highlighting this important at [email protected]. sions” women experience, and call them issue and for providing insight, perspec- The next OWLS Introvert Work Group out. She also said to keep in mind that tives, and ideas for change. meeting will be held on August 5 at noon there are many types of sexual harass- in the offices of Garvey Schubert Barer ment in legal workplaces, including jokes, Teresa Statler has a solo immigration law in Portland. All are welcome. physical contact, demeaning remarks, and practice in Portland. She is also chair of Elizabeth Elkington is an attorney at the ways work and assignments are given. the AdvanceSheet Committee. Gevurtz Menashe in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 12 SUMMER 2019 Meet Jackson County Circuit Court Judge Lisa Greif By Renata Gowie he Honorable Lisa Greif has been Greif thought she would stay in Medford her prac- a judge on the Jackson County for only a few years, enough time to tice area. TCircuit Court for over a decade. gain valuable experience, but she loved She has also After an unsuccessful campaign for the Medford and has lived there for 21 years. served on position in 2006, she was elected in Bert Putney, the first head of Southern the boards November 2008 and began her service Oregon Public Defender, Inc., taught of the Ore- in January 2009. In 2014, she was re- Judge Greif about the importance of gon Crimi- elected to a six-year term, which expires maintaining her reputation and integrity. nal Defense in January 2021. Throughout her years She was a good advocate for her clients, Lawyers As- on the bench, Judge Greif has presided while enjoying good relationships with sociation over a varied docket including criminal, law enforcement, the District Attorney’s and OWLS, domestic relations, juvenile, and probate Office, and the Probation Office. “Profes- and she has matters, and treatment courts. Current- sionalism garners respect,” Judge Greif served as Judge Lisa Greif ly, she presides over a criminal docket notes, and the duty of professionalism an officer and mental health court. Her criminal extends to others beyond fellow law- in Rogue Women Lawyers, the Jackson docket includes a rotation in which she yers and the judge. In fact, her father, County chapter of OWLS. She also has presides over trials but also serves as an a business and probate lawyer who did been involved in the general community, arraignment judge, motions judge, and not frequent the courtroom, instilled in particularly with the Southern Oregon sentencing judge. her the importance of being respectful Humane Society, the Family Nurturing Judge Greif was born and raised in the to the judicial assistants and other court Center, and La Clinica. Portland area and is a graduate of Lake staff. She sees the importance of that When Judge Greif is not working, she Oswego High School. She is a “Double sentiment from the other side now that spends time with her two yellow Labra- Duck,” having graduated from the Uni- she is a judge. dors. She enjoys the outdoors and activi- versity of Oregon with a BA in political To women who want to be judges, ties such as fishing, hiking, and camping. science and minors in biology and envi- Judge Greif recommends attendance She follows sports teams that are located ronmental studies, and later with a JD at Road to the Bench CLEs and events. in the Pacific Northwest and is a fan of that featured a criminal law certificate. She encourages women considering the University of Oregon football team. Judge Greif entered law school intend- the judiciary to talk to judges about An avid reader, she found inspiration in ing to pursue a career in environmental their journeys to the bench and their Michelle Obama’s book Becoming. She law, but found that she enjoyed criminal experiences on the bench. Judge Greif also enjoys reading the OWLS Advance- law. She was inspired by Professor Margie noted that she experienced a period of Sheet, and praises its content. Paris, who was a white-collar criminal adjustment when she was a new judge, Judge Greif is a regular member of defense lawyer in Chicago before she particularly the transition from serving a poker group consisting of women taught criminal law. By graduation, as an advocate for a position or party to lawyers. It’s a great way to connect with Judge Greif’s goal was to be a criminal being and remaining neutral. women lawyers in a personal way. Some trial attorney, regardless of whether she Judge Greif also recommends getting members have become her closest friends. was with the prosecution or defense. She involved with local bar activities. She was Renata Gowie is an assistant United States obtained a job with Southern Oregon a bar association president, which helped attorney and chief of the Civil Division Public Defender, Inc., in Medford. Judge her to get to know attorneys outside at the U. S. Attorney’s Office in Portland. Queen’s Bench Hosts Presentation on Opioid Epidemic By Elizabeth Ballard Colgrove ueen’s Bench (QB), the Multnomah County chapter of Oregon Women Lawyers, hosted its monthly lunch and (pending) CLE on June 11 at the federal courthouse in Portland. The theme of QB’s 2019 lunchtime series is “Crime and Punishment Qin Oregon.” Approximately 25 people attended the June event, which featured Suzanne Hayden, counsel to Oregon’s U.S. attorney on community engagement and strategic enforcement; Donna Maddux, assistant U.S. attorney in the Criminal Division of the U.S. Attorney’s Office in Portland; and Adrian Brown, assistant U.S. attorney in the Civil Division of that office. The presentation focused on the U.S. Attorney’s Office’s strategy of prevention, enforcement, and treatment to respond to the opioid epidemic. More than 60% of the 70,237 drug overdose deaths in the United States in 2017 were opioid related. Oregon has one of the highest rates of opioid prescriptions and opioid misuse in the country, averaging three deaths every week from prescription opioid overdose. Suzanne described the scope of the problem and outreach efforts; Adrian explained how she has used the Americans with Disabilities Act to keep public housing entities from discriminating against people with a history of opioid use disorder; and Donna discussed how she teamed up with a U.S. Attorney’s Office Drug Unit attorney to successfully prosecute the first and only District of Oregon criminal prosecution of a medical professional for operating an opioid pill mill. Donna emphasized that her office does not target individual users. QB lunches take place the second Tuesday of every month at the federal courthouse in Portland; lunch reservations can be made at our website. Learn more about QB and watch our lunches captured via FacebookLive at any time by liking our Facebook page. Elizabeth Ballard Colgrove works at the Oregon Department of Justice in Portland and serves on the OWLS board.

OREGON WOMEN LAWYERS AdvanceSheet 13 SUMMER 2019 OWLS Members Visit Cuba By Kathryn Bourn hy Cuba?”a friend asked. I can speak only for “Wmy own motivations for joining the trip organized by Oregon Women Lawyers. As someone who came of age as the Cold War was ending, I have been fascinated by Cuba. When the Soviet Union collapsed, and once again when Fidel Castro died, I assumed that communism would come to an end in Cuba. I have also struggled to understand the rationale behind continuing the U.S. trade embargo and travel restrictions on Cuba, when relations with the world’s other communist countries have normal- ized. Cuba felt like a place that you have to visit to understand. OWLS’ Journey to Cuba, organized by Cuba Cultural Travel, provided that chance for 17 lawyers, judges, and two years plus a year of military service) but no one owns the building structure. spouses from all over Oregon. We felt before taking the bar exam. Without the equivalent of a homeowners privileged to be able to make the trip. Lawyers are paid by the government association, people do not always come Just days before our departure, the and earn the “national salary”—about together to maintain the exteriors. Trump administration announced new $25–$50 a month—for a 40-hour work- Among the other things we learned: restrictions on nonfamily travel to Cuba. week. Although some 200 businesses have Game of Thrones: You can get the (OWLS members traveled on an educa- been opened up to “self-employment” latest episodes in Cuba. American TV tion/people-to-people tourist card.) (Cuba’s term for the private sector), ac- shows come in on thumb drives. (The Highlights of our eight-day trip in- countants are the only profession allowed third episode of the final season aired cluded cruising the Malécon seawall in to be self-employed. while we were there, and our tour guide, vintage convertibles; swimming in the Several of the lawyers we met de- Oscar Fernandez, teased us with threats Bay of Pigs and El Rocío waterfall in the scribed working side gigs, like waitressing of spoilers.) mountains outside of Trinidad; a dance in privately owned restaurants, in order Uniquely Cuban solutions: When performance at Proyecto Grabadown, an to make ends meet. In addition to the subsidized oil imports from the Soviet organization that provides artistic outlets national salary, Cubans receive a food Union came to an end in the 1990s, for youth born with Down syndrome; ration, an electricity ration, housing, free one of Cuba’s workarounds was hiring visiting the Playa Giron Museum, which daycare, paid maternity leave, and gov- “hitchhiking coordinators” to hang out features exhibits about the 1961 invasion; ernment-paid healthcare and education. along major highways and require gov- a tour of the Museum of Cuban Art led The electricity ration is insufficient to pay ernment-owned vehicles to stop to pick by an art history professor; walking tours for air conditioning, and produce must up hitchhikers. of old Havana and Trinidad; seeing the be bought at market prices. “Cuban math”: For example, private rare bee hummingbird, the smallest living Cuba has a new constitution, which, farmers are expected to sell 90% of their bird; and visits to a tobacco farm, a coffee among other things, has moved up the crops to the Cuban government. “So plantation, and an organic farm. point at which someone gets access to with the 20% that you keep . . . ,” our We arrived in Havana on April 25. Our an attorney in a criminal proceeding. No guide started to explain. “Wait, what?” first evening featured a private perfor- jury trials are held. Depending on the we asked as the numbers didn’t add up. mance of Cuban music led by professor court level, one to five judges, including “Cuban math,” he explained. Or, put and band leader Alberto Faya. The next non-lawyer “lay judges,” decide the case. another way, as our guide reminded us few days blended lectures by university The new constitution has affirmed of the consequences if we did not show professors on Cuba’s economy, history, recognition of private property rights. up on time, “In Cuba, 90% equals 100%. and legal system with sightseeing trips We found real estate ownership arrange- We can stand to lose a few of you.” and fabulous meals. ments interesting. Individual Cubans As for the questions I had about Cuba, A panel of young women lawyers de- are allowed to own a maximum of two the answers could fill (and have filled) scribed the practice of law in Cuba. “The houses: one in the city and a country or many books. The shortest answer is one principal leaders of our revolution were beach house. In Havana, we passed many that our tour guide gave us many times: lawyers,” one noted. Cubans attend law crumbling apartment buildings. Our “It’s complicated.” school straight out of high school. Obtain- guides explained that the government Kathryn Bourn is an associate with ing a law degree takes four years, and owns the land under the building, and Gresham Family and Bankruptcy Law. then the graduate must complete three the occupants own the individual apart- She is a former board member of both years of law-related social service (or ments, which often are very nice inside, OWLS and Queen’s Bench.

OREGON WOMEN LAWYERS AdvanceSheet 14 SUMMER 2019 The Color of Law: A Forgotten History of How Our Government Segregated America By Richard Rothstein (Liveright Publishing Corp., 2017, 342 pages) Book Review by Teresa Statler ichard Rothstein, a distinguished where ordinances prevented African succumb to the scaremongering and fellow of the Economic Policy Insti- Americans from buying homes on blocks sell their homes at discounted prices to Rtute, has written a powerful book where whites were a majority and vice the agents and their speculators. Also, about how governments and American versa. Although the U.S. Supreme Court local real estate boards would often society in the 20th century imposed ra- in 19171 forbade the first wave of these “blackball” any agent who sold a home cial segregation in housing and housing policies, the federal government began in a white neighborhood to a non-white policy nationwide. His history is both sad to recommend ways that cities all across buyer, thus denying the agent access to and infuriating, as well as painstakingly the country, not just in the South, could the multiple listing service upon which researched and presented. The book evade that ruling. her livelihood depended. focuses on de jure segregation and racist During FDR’s administration, the Rothstein’s later chapters “Suppressed policies that worsened it throughout the precursor to the Fair Housing Authority Incomes” and “Looking Forward, Looking 20th century. (FHA) created maps of every metropol- Back” are especially thought-provoking. In the chapter “Public Housing and itan area, marking zones in red where He discusses the ostensibly race-neutral Black Ghettos,” Rothstein busts the image there was a risk of foreclosure based on economic issues that also resulted in that public housing consists primarily of the race of the occupants. Later, in the segregated neighborhoods, such as high-rise towers with few amenities in 1950s through the 1970s, banks declined the mortgage interest deduction and central city neighborhoods, plagued by to issue mortgages for these red-lined the fact that local and federal govern- crime and drugs and filled with single areas, essentially preventing African ments have always invested heavily in minority mothers with their children. He Americans from buying homes in these highways to connect suburban (mostly tells us that “it’s a mostly inaccurate im- neighborhoods, as well as declining to white) commuters to their downtown age even today, but it couldn’t be further give them home equity loans, which in offices, but have invested comparatively from the reality of public housing when turn led to the deterioration of the homes little in buses, subways, and light rail for it began in the mid-twentieth century.” and neighborhoods. city residents. Rothstein’s final chapter At that time, public housing was not As a result, African Americans were contains ideas on how to remedy this heavily subsidized and was for working forced to buy homes “on contract.” “unconstitutional segregation we have and lower-middle class white families These contract sales agreements, often allowed to fester.” who paid the full cost of operations with written by real estate speculators, usually This important and timely book con- their rent. Its purpose “was to give shelter provided that ownership would transfer tains many interesting historical photo- not to those who were too poor to afford to the purchaser after 15 to 20 years, but graphs, detailed notes, a bibliography, it but to those who could afford decent if a single monthly payment was late, and an index. It also contains an appendix housing but couldn’t find it because none the speculator could evict the would-be with Rothstein’s thoughtful answers to was available.” owner. frequently asked questions. The Color of During the Great Depression and “Block busting” (a new term for this Law would make a good choice for book World War II, there was a severe shortage reader) was one reason for “white flight.” group discussions. of housing and it was difficult for the Real estate agents would panic white Teresa Statler has a solo immigration law working class to buy homes. President families into listing their homes, warning practice in Portland. She is also the chair Franklin D. Roosevelt’s New Deal created them that a “Negro invasion” was im- of the AdvanceSheet Committee. the first public housing for civilians, but minent and their property values would segregated the developments, or exclud- collapse. Other homeowners would then 1. Buchanan v. Worley, 245 U.S. 60 (1917). ed African Americans entirely. Even the Civilian Conservation Corps (CCC) segre- Need help with a big case? Want to take a vacation? gated its camps. Rothstein spends many Contact the OWLS Contract Lawyer Service. We can help! pages telling the shameful story of local governments all over the country that Contact us with project/job information. built segregated developments—either We immediately post the announcement to our by fiat or by policy. Throughout the contract lawyer listserve. You are promptly contacted mid- to late-20th century, these housing by contract lawyers who meet your criteria. No fee to projects frequently defined the racial post jobs or projects. You pay the contract lawyer you character of neighborhoods. hire. OWLS contract lawyers are statewide. Other chapters in the book discuss racial zoning, “block busting,” and Many levels of experience. Many types of expertise. “red-lining,” actions that were com- mon throughout the country and also FForor momorere iinformationnformation oorr ttoo ppostost a jjob,ob, contactcontact in Portland. Racial zoning occurred in CassondraDiane R Sumrallynerso nat: 50503.841.57203.841.5720 oror [email protected]@oregonwomenlawyers.org many large cities, starting around 1910,

OREGON WOMEN LAWYERS AdvanceSheet 15 SUMMER 2019 Meet OWLS Board Member Kathryn Olney By Joslyn Keating athryn Olney’s OWLS roots run After graduating from law school in recap of her deep. She recalls being at the 1987, Kathryn worked for a year as a staff January trip. Kplanning meetings before OWLS attorney for the Oregon Workers’ Com- When was incorporated in 1989, back when pensation Board. This was followed by combating Katherine O’Neil spearheaded the orga- over 23 years as a trial attorney for Liberty feelings of nization. At the time of OWLS’ founding, Mutual in Portland. In 2011 Kathryn took helplessness Kathryn had been an attorney for two a position as SAIF Corporation’s only trial because of years. She recalls, “When I was a young attorney in Bend, where she still works the current lawyer, being a strongly opinionated and lives today. Kathryn’s husband, Jim, political cli- women lawyer was questioned and not quit his job in Portland to live a semi-re- mate, Kath- uplifted; and that’s not true anymore. tired life in Bend, working summers in ryn reminds Now strong women abound in the bar, a golf pro shop. Their son, Robert, 26, herself that, and I’m proud to be associated with all currently lives in Shanghai, China. as Vanita of them.” This, Kathryn said, is owing to In May 2017 Kathryn began her three- Gupta said, Kathryn Olney organizations like OWLS. year term on the OWLS Board of Direc- “Despair is the enemy of justice.” She Kathryn was born in White Salmon, tors. Before that, she had served on the has this written on a sticky note affixed Washington, across the Columbia River board of Cascade Women Lawyers. She is to her computer. In addition to her work from Hood River, Oregon. Due to her currently on several OWLS volunteer com- at the border, Kathryn volunteers as a father’s work with the U.S. Forest Service, mittees, including the Awards Committee, statewide board member for the Cam- her family relocated several times in Judicial Work Group, and Community paign for Equal Justice. her youth. In the fourth grade, Kathryn Service Committee. In the fall of 2018, When asked to reflect on her time with moved to McKenzie Bridge, Oregon, Kathryn helped found, and eventually OWLS, Kathryn remarked that the orga- where her family stayed for three years. co-chaired, the OWLS Special Committee nization has had its ups and downs over In the seventh grade, she moved to Gov- on Family Separation & Child Detention. the years. But the arc of the organization ernment Camp, Oregon. She lived there That committee was designed to respond and its overall contributions to the legal through high school, attending Sandy to the United States policies affecting community in Oregon are everything she High School and graduating in 1976. At immigrants at the U.S.-Mexico border by, was hoping for. This, she says, is evidenced that time, very few of her graduating among other avenues, encouraging pro by the number of women and people of class went on to higher education. bono efforts to assist detainees. color now serving on the bench in Ore- In 1981 Kathryn graduated from the Kathryn has traveled to Tijuana, Mex- gon. She hopes to reinvigorate the Road University of Oregon, having majored ico, on two occasions to volunteer for to the Bench Program, which is designed in general humanities and minored in Al Otro Lado, a nonprofit organization to mentor attorneys throughout the state women’s studies. After working for a few offering primarily immigration-related who are interested in becoming judges. years, she decided to go to law school at services at the border. In both January and Willamette University. During law school, June of this year, she spent a week volun- Joslyn Keating is an attorney for Cummins she clerked for what is now Brown, Tar- teering for Al Otro Lado. See the Spring Goodman Denley & Vickers in Newberg. low, Bridges & Palmer in Newberg. 2019 edition of the AdvanceSheet for a She represents employers and businesses. Take Your Kids OWLS MLC Raises Cash for CourtCare to Work Day By Becky Maile n June 1 the OWLS Mary Leonard OChapter hosted a fundraising event, Salem Day Out for CourtCare, to benefit Mid-Valley CourtCare. Many thanks to our sponsors for making this event possible: Landerholm Family Law, OWLS Founda- tion, Capitol Auto Group, Garrett Hemann Robertson, Sherman Sherman Johnnie & Hoyt, Carty Law, 5ive Marketing, Bob Ce- Angela Polk coaches the swearing-in. gon—State Farm Insurance Agent, Kueny Photo: Diana Liz Dettwyler Law, Law & Mediation Office of Michelle Marti McCausland (left) and n April 25, OWLS and Multnomah Maureen McGee enjoy the event. OCounty Circuit Court judges host- Vlach-Ing, Law Office of Julia Rice, Law ed the annual Take Your Kids to Work Offices of Keri Trask Lazarus, Maps Community Foundation, Parsons Farnell & Grein, Day event at the county courthouse in Quality Door Service Inc., Sarah Jobe—Windermere Real Estate, Swanson Lathen Prest- downtown Portland. The event provides wich, and Marion County Bar President Heather Van Meter. Thank you to everyone kids an opportunity to learn about the who donated and showed up to support the cause and make this year’s fundraising court process and justice system by par- effort such a success. With all of your help, we raised over $13,800! ticipating in age-appropriate mock trials Becky Maile, an associate with Weatherford Thompson in Albany, is the historian assisted by lawyers and judges. for the OWLS Mary Leonard Chapter.

OREGON WOMEN LAWYERS AdvanceSheet 16 SUMMER 2019