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MBACLE by Leslie Kay, MBA President MuLTNoMAH LAwYER Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. September 2009 Volume 55, Number 8 When Justice is Recession Proof MBACLE By Leslie Kay, MBA President. To register for a CLE, please see the inserts in this issue or go to www.mbabar.org. Can you name the three branches generation with the tools they will need for informed civic engagement of government? If so, you are among and leadership.” September the one-third of Americans who Justice Souter recalled that his parents first exposed him to civics by are possessed of this information. bringing him to annual town meetings in Weare, New Hampshire. Even Friday, September 18 This statistic was ruefully noted by as a boy, Souter saw that the selectmen had part of the power, but so did retired Supreme Court Justice David The Secondary Market for the voters. Residents weren’t shy about disagreeing with one another, Life Insurance – The Next Souter in his address to the ABA but they did so respectfully. He described the events as “the most radical at its annual meeting in Chicago on August 1. Justice Souter was Generation exercise of American democracy that you can find.… It didn’t matter Kevin Kline asking his fellow attorneys to join him in making civics instruction if someone were rich or poor, young or old, sensible or foolish.” The a priority across the county: “Consider the danger to judicial meetings were governed by “fundamental fairness.” independence when the people have no conception of how the Wednesday, September 23 judiciary fits within the constitutional scheme,” he said. Litigating a Trade Secrets How can we continue to respond to this call in Oregon? For over 100 years Case the MBA has advocated for the independence and integrity of the justice Here in Oregon, faced with a withering budget shortfall, state law David S. Aman system, and access to that system for those who are unable to afford lawyers. makers recently removed $6.3 million from Oregon’s judicial branch Thomas R. Johnson In a recent association membership poll, 94% of the respondents reported in the waning days of the 2009 legislative session. The cuts upset an that they support the association’s efforts in this regard. agreement made earlier in the session that would have ensured the Tuesday, September 29 survival of court hours and key judicial staff such as referees, pro se The Oregon Inheritance Tax Recently the Multnomah Bar Foundation, led by Judge Adrienne Nelson litigant facilitators and drug court coordinators. Philip Jones and its board, urged some of our community organizations that lead the Holly Mitchell Governor Kulongoski responded. First, he said, in an interview way on civic education - The Classroom Law Project, the Bus Project, Anne Thompson with the editorial board of The Oregonian, that someone has to say League of Women Voters, the Portland City Club, and the Urban League - “No, you can’t do that,” and then he proceeded, on August 6, to veto to collaborate on a civics education project. TheC ampaign for Equal Justice Section 61(6) of Enrolled House Bill 5054 which disappropriated strives tirelessly to educate the bar, bench and public about the state of October $6,259,420 in general funds from Judicial Department operations. access to our justice system. Some of our members participate in coaching the constitution teams at our local high schools. These efforts and others Wednesday, October 7 What happens when we lop off $6.3 million of the judicial department that we can all name are crucial and must be sustained on a continuing Computer Forensics and budget? Plenty. Aside from the elimination of key judicial staff, cuts basis to make a dent in public awareness and the corresponding political Electronic Discovery of this magnitude fundamentally compromise public safety and the will to adequately support our entire justice system. Anton Litchfield Oregon constitutional mandate to administer justice “openly and Steve Lovett without purchase, completely and without delay….” At the conclusion of his Chicago address, Justice Souter repeated the story told by Benjamin Franklin about his conversation with a woman Thursday, October 15 National civics education polls reveal not only that many are following the adjournment of the Constitutional Convention in 1787. Child Abuse Reporting unaware of the three branches of government but, of those who are, The woman had asked Franklin if America was to have a monarchy or a Helen Hierschbiel the judicial branch is the least known of the three. Many do not republic. Franklin responded: “It would be a republic – if you can keep know that the judicial branch is co-equal with the legislative and it.” Souter elaborated: “He understood that a republic can be lost. And November executive branches of government. This lack of public understanding one way it may be lost is a kind of erosion of the minds of its people. It not only weakens our social fabric but has the immediate effect can be lost by citizens who lack the understanding to feel responsible for Tuesday, November 17 of weakening political support for court funding in the legislative preserving the power of the constitutional government they have.” Persuasive Oral and Written budget debate. Advocacy: Perspectives from We are not out of the darkness yet with either the current recession or the Bench According to an article in the New Hampshire Concord Monitor, the threat to the courts. Not only are court operations underfunded Judge John Acosta Justice Souter was inspired to become involved in promoting and state judicial salaries far below national norms … our courthouse civics instruction by fellow retired justice Sandra Day O’Connor. facilities statewide are crumbling and our own Multnomah County Thursday, November 19 Justice O’Connor has recently launched an interactive Web site, Courthouse is in a well known state of disrepair that puts its occupants High Tech Ethics www.ourcourts.org, that offers civics lessons for children. That site - litigants, juries, judges and staff alike - in danger. Newly appointed Mark Fucile explains that “Civics education is being marginalized in our country, Justice Sotomayor remarked in her confirmation hearings that public and available curricula are lacking in teacher-friendly solutions to service “is a core responsibility of lawyering.” Let’s take up the charge. excite and engage students. The news is not all bad, however. In recent elections, young people have participated in campaigns and at In This Issue the polls in record numbers. Politicians and entertainers are learning how to excite young people about public affairs by speaking to them Multnomah Bar Calendar.................................... p. 3 in their language and through their media. Our Courts seek to bring Announcements....................... p. 4 this approach to the educational arena in order to supply the next Ethics Focus.............................. p. 4 Association MBA Health Plan Open Enrollment................................. p. 4 Absolutely Social Around the Bar......................... p. 7 MULTNOMAH BAR ASSOCIATION Tips from the Bench.................... p. 8 PRSRT STD Profile: Judge Rees.................. p. 9 620 SW FIFTH AVE., SUITE 1220 U.S. POSTAGE The Grape Escape Román Hernández................. p. 9 PORTLAND, OREGON 97204 YLS............................................. p. 10 PAID Featuring Wine Tasting Golf............................................ p. 11 Classifieds.................................. p. 14 PORTLAND, OR Multnomah Bar Foundation... p. 16 PERMIT NO. 00082 Wednesday, October 14 The University Club MULTNOMAH BAR 5-7 p.m. ASSOCIATION 620 SW 5TH Ave SUITE 1220 PORTLAND, OREGON 97204 RSVP via insert in this issue. 503.222.3275 FAX 503.243.1881 WWW.MBABAR.ORG Drop in after work and catch up with friends and colleagues. Gordon_Carey_Ad-bw.pdf 12/16/2008 3:26:41 PM MuLTNoMAH LAWYER BOARD OF DIRECTORS Mediation and Arbitration MBA Board of Directors In addition to continuing my active President trial and appellate practice, Leslie Nori Kay I am now available for Mediation and Arbitration Secretary 33+ years’ experience in complex Lisa M. Umscheid business, commercial, PI, construction & maritime litigation Treasurer Michelle S. Druce AV Rated Past President GORDON T. CAREY, JR. Mediator for Oregon Court of Michael Dwyer (503) 222-1415 Appeals since 2001 [email protected] Directors Member Oregon and Washington State Bar Associations Justin D. Leonard YLS President Scott Howard ABA Delegate Jeff Crawford Sarah Crooks CHAMBERLAIN Steven K. BlackhurstC M Mediation Arbitration knollmediation.com Keith M. GarzaY Susan D. MarmadukeCM ♦ a proven problem solver Carol J. BernickMY When push CY ♦ trial & appellate experience Julia M. Hagan comes to shove, CMY ♦ competitive rates we can help. Gregory MoawadK Bonnie Richardson ♦ available statewide Executive Director Judy A.C. Edwards ♦ [email protected] Mediation & Arbitration Associate Executive Director ♦ 503.380.5730 • Experience Guy Walden • Integrity Director, Events and Programs • Solutions Kathy Maloney Executive Assistant and Communications Administrator James L.Knoll, P.C. Carol Hawkins A T TORNEY AT L A W Office and Membership 503.222.9000 • [email protected] Administrator 1500 SW Taylor Street • Portland, OR 97205 Ryan Mosier Mediation • Arbitration Office and Foundation Administrator Experienced Pamela Hubbs 39 years in litigation 20 years in arbitration OREGON SUPER LAWYER IN THE MULTNOMAH LAWYER DISPUTE RESOLUTION 2006 is published 11 times per year by the Multnomah Bar Association, Effective Resume at www.wilsonadr.com 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275 An annual subscription is O.M. (Met) Wilson included in member dues or (503) 223-6121 Mediation and Arbitration may be purchased for $20. Letters, award and news items, WILSON DISPUTE RESOLUTION and announcements are welcome. (503) 972-5090 Articles by members are 2301 NW Thurman Street, Suite J [email protected] accepted. All submissions may Portland, Oregon 97210-2581 be edited for length, clarity and [email protected] style, are published on a space available basis, and at the editor’s discretion.
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