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Published Quarterly by Oregon Women Lawyers Volume 28, No. 3 Summer 2017 OWLS Fall CLE on Oct. 27: Diversity Issues Today Featuring Keynote by Barbara Arnwine By Rebecca Guptill ow do we, as OWLS members, ensure justice and equality by ad- vancing women and minorities in the legal profession? How do Hwe increase diversity within our profession? How do we ensure justice for an increasingly diverse community? What exactly is intersection- ality, and where do we fit in? What does it mean to be a feminist today? In This Issue Why is it so important that we ask these questions? What are the ques- tions we don’t realize we should be asking? How do we ignite change, OWLS Fall CLE on Oct. 27 and what does it mean to do so? Above the ADA This year the annual OWLS Fall CLE will attempt to answer these com- Majority on Court Are Women plicated questions while opening participants’ minds to other important President’s Message questions and issues that need to be addressed as our profession continues Judge Daina Vitolins to evolve in these challenging times. Igniting change and inspiring action Barbara Arnwine New Speakers Database toward achieving racial justice, social justice, and equality will be the focus of the Fall CLE, which aims to educate attendees on a wide array of diversity-related topics. Writers Wanted Continued on page 6 Upcoming OWLS Events OWLS, OGALLA Pride Celebration Above the ADA: Disability and Employment Law OWLS Officers, Board Members By Jim Yocom OWLS Chapter Summit Take Your Kids to Work Day oo often, disability is left out of conversations about workplace diversity and inclusion. The Judges’ Forum Although the Americans with Disabilities Act (ADA) and its state analogs probably reduce rank discrimination against people with disabilities, the rules set minimum compliance re- Judge Brown Takes Senior Status T quirements. Employers eager to leverage the strengths of a diverse workforce therefore can stumble Judge Brown to Be Honored when it comes to figuring out what to do, particularly with regard to hiring. Matthew Denney of Clackamas Chapter Disability Rights Oregon, Carol Rozumalski of Seattle, and Banefsheh Violet Nazari of Nazari Law Bias in Performance Evaluations discussed numerous simple and inexpensive approaches to inclusion in an OWLS CLE titled “Above Capitol Update the ADA: Disability and Employment Law Through an Inclusive Lens,” held in Portland on April 28. Lane County Women Lawyers A recording of the program is available at the Professional Liability Fund’s website, www.osbplf.org. Ms. Nazari set the stage by arguing that employers cannot rely on compliance technologies like the Linn-Benton Women Lawyers ADA to advance the cause of inclusion. For instance, “essential job functions” are critical to analyzing Networking in Salem discrimination or inclusion, but because employers establish job requirements, bias inevitably creeps into Contract Lawyers Group Continued on page 6 Meet Judge Karin J. Immergut Road to the Bench Majority of Oregon Supreme Court Justices Are Women Becoming a Happy Lawyer ustice Rebecca A. Duncan became a member of the Oregon Supreme OWLS Habitat Build Court immediately after the retirement of Justice David V. Brewer MBA Introduces Diversity Award Jon June 30. Governor Kate Brown had announced her appointment OWLS Mary Leonard Chapter on May 10. OWLS Foundation Justice Duncan joined three other woman serving on the seven-person Vernellia R. Randall Exam Grant court, making this the first time that women have constituted a majority Oregon’s First Woman Judge of the Oregon Supreme Court. Justice Duncan was appointed to the Oregon Court of Appeals in January Meet Jacqueline Alarcón 2010 by Governor Ted Kulongoski. She is the only member of Oregon’s Book Review: My Own Words appellate courts who was a career public defender before serving on the Oregon Women Judges Project bench. Congratulations, Justice Duncan. OWLS, OAAP Women’s Retreat Justice Rebecca Duncan

OREGON WOMEN LAWYERS AdvanceSheet 1 SUMMER 2017 President’s Message am a Latina To further add to my apprehension who was and sense of insecurity, during my first I born and summer in Portland a group of Nazi skin- raised in Las heads held a rally in downtown Portland. Cruces, New While I was not naive to the fact that President Mexico, where discrimination existed, before moving Angela Franco Lucero the majority to Oregon I had never been exposed to Vice President, President-Elect of the state’s that level of organized overt hatred and Amber Hollister population is disdain for people of diverse cultures. Secretary Hispanic and I share this personal glimpse of my Hon. Allison Boomer Native Ameri- background only to illustrate the per- Treasurer can. Although spective that many minority students Megan Burgess Angela Franco Lucero I was raised in and attorneys face when moving to and Historian Maya Crawford an environment rich in diverse cultures, I choosing to stay in Oregon. I also share Board Members was not isolated from the issues faced by this story because, given the current po- Jacqueline Alarcón members of marginalized communities. litical climate, members of non-dominant Maya Crawford Discrimination in the United States is cultures are seeing and experiencing Sara Kobak Katharine Lozano pervasive, and it comes in many forms. I increasing levels of hatred, bigotry, and Hon. Valeri Love too have felt its sting. While I am keenly xenophobia. I cannot speak on behalf Aruna Masih aware that I am a minority, I was raised of all women lawyers or all lawyers of Banafsheh Violet Nazari Jennifer Nicholls to be proud of my culture, my heritage, color. But for me, despite the barriers Kathryn Olney and my community. I am the child of a and culture shock I experienced as a Yumi O’Neil working-class family, and I grew up sur- minority in Oregon, I have found a sense Susan Pitchford Adele Ridenour rounded by working-class people. While of community and acceptance within the Kristin Sterling I did not grow up with much privilege, I Oregon legal profession. It is because of Amanda Thorpe was raised with a tremendous amount of this community that I chose to stay and Val Tomasi Gloria Trainor love and support. As the first person in practice law in Oregon. It is because of Jim Yocom my family to attend professional school, I this community that I choose to fight to Past Presidents know that my successes in life are a huge make the community in which we live Laura Craska Cooper source of pride for my entire family. and work more diverse and inclusive. Elizabeth Tedesco Milesnick Kendra Matthews Moving to Portland, Oregon, with I owe a large part of my sense of com- Kathleen Rastetter its white majority population, was a munity to OWLS and many of the other Megan Livermore culture shock for me. I found myself in specialty bar associations in Oregon. Heather L. Weigler Concetta Schwesinger a law school where only ten percent of Through OWLS I have developed many Gwyneth McAlpine the entire student body was minority. meaningful friendships, professional Heather Van Meter The food was different, the people in connections, and leadership skills that Laura Caldera Taylor Kellie Johnson the community were different, and I will benefit me for years to come. But Norma S. Freitas was acutely aware of the fact that even more than that, through my involvement Kate A. Wilkinson among the students of color, few looked in OWLS, I have had the pleasure of Jennifer K. De Wald Sarah J. Crooks like me. I developed a heightened sense working alongside some extraordinary Elizabeth Schwartz of insecurity due to the apparent ethnic- women and men to help fulfill and Lori E. Deveny ity of my last name and the color of my promote OWLS’ worthy and important Debra Pilcher Velure Marilyn E. Litzenberger skin. Of even greater pain was the stig- mission: to “transform the practice of Teresa M. Kraemer ma caused by the erroneous perception law and ensure justice and equality by Patricia L. Heatherman Julie Levie Caron that I, along with my other classmates advancing women and minorities in Phylis Chadwell Myles of color, unfairly benefited from the law the legal profession.” In furthering its Helle Rode school’s and the bar’s affirmative action mission, one of the principal purposes Diana Craine Kathryn M. Ricciardelli programs. For the first time in my life, of OWLS is to actively promote equality Agnes Sowle I doubted my intellect and ability to and fair treatment of all people within Katherine H. O’Neil succeed. I questioned whether my New the legal profession and within society at Executive Director Mexico State University education was large. With 1,600 members, OWLS plays Linda Tomassi enough to compete with my cohorts a significant role in shaping the future executivedirector@ oregonwomenlawyers.org from Duke, UC Berkeley, and Harvard. and face of our legal community. Editor Like many women and people of color, I Now, more than ever, it is important [email protected] wondered whether my admission to law that OWLS rededicate itself to the task www.oregonwomenlawyers.org school was a mistake. Continued on page 3

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 2017 Daina Vitolins New Speakers Database in the Works Appointed to OWLS Needs You or years we have heard complaints that CLE presenters are usually white and Circuit Court male, and that CLE organizers seem not to care about that status quo. Many CLE overnor Kate Brown has ap- Forganizers are volunteers and do what we all do when seeking assistance: we pointed OWLS member Daina contact our friends and colleagues. With all due respect to our white male colleagues, GVitolins to Oregon’s 22nd Ju- this dynamic needs to change. Presenters need to reflect the bar. Toward that end, dicial District Circuit Court, effective and with help from Kathy Modie of the Multnomah Bar Association, Jon Patterson, July 1. The district comprises Crook who is past president of the Oregon Chapter of the National Bar Association, and and Jefferson Counties. other OWLS volunteers, we will unveil the Non–Dominant Culture Speakers List in Judge Vitolins had served as the the near future. district attorney of Crook County This project needs your help. since 2008. She is the immediate Diverse attorneys with expertise on all aspects of the law, both civil and criminal, past president of the Oregon District practice in Oregon. OWLS members will soon receive a Survey Monkey that provides Attorney’s Association. You can read the opportunity to be part of this speakers list, or to express interest in becoming more about Judge Vitolins on page trained to be presenters. Data from the survey will be made into a publicly available 15 of the Summer 2016 issue of this list that is updated regularly, so that those who are planning speaking engagements newsletter. have more options. We expect support from our straight, white, cisgender male Congratulations, Judge Vitolins. colleagues on this project, but do not request their participation at this time. This list will not be exclusively made of OWLS members, although they are being prioritized as we get this project off the ground. Contact OWLS Executive Director President’s Message Linda Tomassi with questions. continued from page 2 Writers Wanted for OWLS AdvanceSheet of promoting its mission. Regardless of Do you like to write? Have you ever fancied yourself a journalist? The your political affiliation, OWLS members, AdvanceSheet Committee is seeking new members. If you’d like to be part of as attorneys and members of the larger the group that produces the OWLS newsletter, please contact the Advance- Oregon community, must continue the Sheet Committee chair, Teresa Statler, at [email protected]. (Bonus: we fight to ensure that basic civil rights are meet only four times per year!) protected for all citizens and to build a community that honors individuals of all genders, colors, ethnicities, religions, sexual orientations, abilities, gender identifications, and national origins. We must strive to overcome the barriers of bias wherever they may be found within Oregon’s legal community and the community at large. We must do this because, as Martin Luther King Jr. said, “Injustice anywhere is a threat to justice everywhere.” It is a great honor and privilege to serve LNS COURT REPORTING as OWLS’ president this year. The OWLS & LEGAL VIDEO board is working to educate itself about Witness the Difference. issues of implicit bias and structural bias. 503-299-6200/800-366-6201 We are exploring ways to effectively pro- LNScourtreporting.com mote and increase diversity, equality, and inclusion within the OWLS community. My goal is to sustain and build an organiza- tion in which all members can find the kind of community that has supported my growth throughout my legal career. I look forward to working collaboratively with other Oregon specialty bar organizations to further the mission of OWLS and to better serve our community.

Angela Franco Lucero President, Oregon Women Lawyers

OREGON WOMEN LAWYERS AdvanceSheet 3 SUMMER 2017 Upcoming OWLS Events OWLS Coffee Creek Book Drive Sunshine for Seniors GrOWLS Statewide Portland Columbia River Gorge Monday, July 17, to Sunday, July 30 Friday, September 7 First Wednesdays, noon–1 p.m. Gather up your very gently used books Lunch, Donations, 11:45 a.m.–12:15 p.m. Hood River or The Dalles for Coffee Creek, Oregon’s only women’s Elder Abuse CLE, 12:15–1:15 p.m. prison. The book drive enriches the col- Barran Liebman Josephine County Women Lawyers lection of books available to the women 601 SW Second Ave., Suite 2300 Grants Pass incarcerated at Coffee Creek, as well as First Wednesdays, noon libraries in other correctional facilities. Contract Lawyers Discussion Group La Burrita, 1501 NE F St. See the OWLS website for details. Portland and by phone First Tuesdays (starting Oct. 3), 1–2 p.m. Lawyers’ Association of Dress for Success Garvey Schubert Barer Washington County Fundraiser and Fashion Show 121 SW Morrison, Suite 100 Hillsboro Portland Discuss matters of mutual interest with Second Mondays, noon to 1 p.m. Thursday, August 3, 5–7 p.m. contract lawyers and people consider- Aybla Grill, 180 E Main St. Multnomah Athletic Club ing working as contract lawyers. The Third Wednesdays, 8:30–9:30 a.m. 1849 SW Salmon St. October 3 discussion will feature Traci Ray, Insomnia Coffee, 317 E Main St. executive director, Barran Liebman. Clackamas Women Lawyers Queen’s Bench & Lawyers’ Association OWLS Fall CLE Portland of Washington County Featuring keynote speaker Second Tuesdays, 11:45 a.m.–1 p.m. Picnic and Hike Barbara Arnwine Mark O. Hatfield U.S. Courthouse Sherwood Portland 1000 SW Third Ave. Saturday, August 12 Friday, October 27, 1:30 p.m. Lunch at the picnic tables, noon Embassy Suites Hotel, 319 SW Pine St. Hike will start about 1 p.m. See the events calendar on the OWLS Tualatin River National Wildlife Refuge website for more information about 19225 SW Pacific Highway each event. OWLS, OGALLA Brunch and Bedazzle Pride Celebration By Kamron Graham

Enjoying the celebration (left to right): Judge Beth Allen, Chris Cress, Kamron Graham, Congresswoman Suzanne Bonamici, Justice Virginia Linder, Aruna Masih, Jenna Brown, Violet Nazari n Sunday, June 18, OWLS and kid-sized t-shirts and superhero masks. building community, and staying strong OGALLA, the LGBT bar association Attendees made signs supporting the in the face of national uncertainty and Oof Oregon, partnered to host their LGBTQ community and diversity in the strain. She then met and graciously second annual Brunch and Bedazzle at legal community while they enjoyed posed for photos with attendees until Perkins Coie in Portland. The event was delicious food and beverages. the brunch ended. held to celebrate the LGBT community Former Oregon Supreme Court Justice Brunch and Bedazzle attendees then and diversity and to prepare for the Pride Virginia Linder was recognized as the joined in the Pride march with commu- march that day. Over 65 people attended, recipient of the Portland Pride Com- nity organizations including Basic Rights including ten children. Event sponsors munity Spotlight Award, recognizing Oregon, SAGE Metro Portland, and the were Perkins Coie, Ghandour Law, and her contributions to the LGBT and legal ACLU of Oregon. Some also marched Bennett Hartman Morris & Kaplan. communities. She was accompanied by with Justice Linder and Oregon’s LGBT OWLS and OGALLA provided a room several members of the bench, including judicial contingency. full of decorating materials to help Judge Amy Holms-Hehn, Judge Beth “bedazzle” t-shirts and signs to wear in Allen, and Judge Janice Wilson. Kamron Graham is deputy public guard- the Pride march, including a carefully Congresswoman Suzanne Bonamici ian and conservator for Multnomah curated table especially for children, attended and provided inspirational County, co-chair of OGALLA, and a board with non-toxic paints and markers and remarks about supporting one another, member of the OWLS Foundation.

OREGON WOMEN LAWYERS AdvanceSheet 4 SUMMER 2017 OWLS Chapter OWLS Welcomes New Officers and Summit to Take Board Members Place on Oct. 27 By Jennifer Nicholls

n October 27, immediately prior to Othe OWLS Fall CLE, leaders of several OWLS chapters will gather in Portland for the fourth annual OWLS Chapter Summit. The summit provides leaders an oppor- tunity to network and discuss events and other issues of concern to the chapters. The initial summit was held in 2014 and was hosted by Queen’s Bench. In subse- quent years, other chapters have assumed hosting duties. In 2015, the OWLS Mary Leonard Chapter hosted, followed by Rogue Women Lawyers in 2016. In prior years, the majority of OWLS chapters have been represented. Attendees have traveled from as far as Ashland, Bend, and Hermiston to attend. Although each summit follows a differ- ent format, all the chapter summits have The OWLS Board of Directors (left to right): Back row: Jacqueline Alarcón, offered chapter leaders an opportunity Adele Ridenour, Hon. Valeri Love, Hon. Allison Boomer, Kathryn Olney, to network, brainstorm about new event Megan Burgess, Amber Hollister, Gloria Trainor, Violet Nazari; ideas and potential collaborative events, Front row: Aruna Masih, Maya Crawford, Yumi O’Neil, Angela Franco Lucero, Amanda Thorpe, Sara Kobak. Not pictured: Katharine Lozano, Jennifer Nicholls, and learn about other OWLS events. An Susan Pitchford, Kristen Sterling, Val Tomasi, Jim Yocom. annual topic of interest is how to recruit and retain members at the chapter level. WLS welcomes our new officers In prior years, speakers have made brief and board members for 2017– presentations regarding good gover- O2018. Angela Franco Lucero is our nance best practices, intersectionality, new president, having served previously and chapter collaborative events. The as president-elect, treasurer, and secre- summit also affords an opportunity for tary. Angela is a partner at Kranovich and the OWLS Board of Directors to share Lucero in Lake Oswego, practicing insur- information with the chapters, such as ance defense and personal injury law. the recently revised chapter-rebate policy. Amber Hollister is president-elect, Attendees often remark that they find having served previously as treasurer and the event inspiring and leave with great historian. Amber is the general counsel ideas to implement at the chapter level. for the Oregon State Bar in Tigard. The event is now entering its fourth Hon. Allison Boomer continues as OWLS’ year. Chapter leaders can expect to be secretary. She is a tax magistrate at the Or- contacted in the near future about at- egon Tax Court in Salem. Megan Burgess, tending and participating in this year’s who served previously as historian, was summit. elected as treasurer. Megan is an attor- The 2017 OWLS Chapter Summit will ney with Peterkin & Associates in Bend, be generously sponsored by the OWLS practicing real estate and construction Creative Approaches Foundation, which will cover the cost of law. Joining the executive committee as to Complex Problems the event, including lunch for attendees. historian is Maya Crawford. Maya is the The event will be on October 27, from executive director of the Campaign for • Best Lawyers in America© 2006 – 2016 approximately 10 a.m. to 1 p.m. Registra- Equal Justice. All OWLS officers are also • Oregon Super Lawyers© 2005 – 2016 tion for the summit will open in several members of the board. • Oregon Mediation “Lawyer of weeks; in the meantime, questions can In addition, Kathryn Olney, of Bend, the Year,” Best Lawyers® be directed to Jennifer Nicholls. has been elected to the board, and board • National Association of Distinguished Neutrals© Jennifer Nicholls is a partner at Brophy members Val Tomasi, Gloria Trainor, and Schmor in Medford and an OWLS board Kristin Sterling, all in Portland, have been 503-222-5949 member. re-elected. www.Susan-Hammer.com For more information about OWLS, visit www.oregonwomenlawyers.org.

OREGON WOMEN LAWYERS AdvanceSheet 5 SUMMER 2017 Iayesha Smith with her son (left) and Heather Weigler with her daughter at OWLS’ Take Your Kids to Work Day at the Multnomah County Circuit Court on April 27. At right, Edie Rogoway coaches Deontrell B. as he plays prosecutor in a mock trial at the event.

Above the ADA continued from page 1 Fall CLE on Oct. 27 job descrip- lem-solving continued from page 1 tions and ad- and organi- Barbara Arnwine will be the keynote vertising. And zational skills. speaker and one of several panelists. Ms. sometimes Ms. Rozumal- Arnwine regularly speaks about how to the problem ski discussed ignite change and inspire action with is less about how people regard to justice and equality. She is bias than it with disabil- internationally renowned for her contri- is about out- ities on the butions to critical justice issues, including right hostility; workforce can her role in the passage of the Civil Rights some legal help make em- Act of 1991 and the 2006 reauthorization training ma- ployers more Matthew Denney, Violet Nazari, Carol Rozumalski of provisions of the Voting Rights Act. She terials invoke competitive, hosts a weekly hour-long radio show on imagery of employers under siege from more efficient, more flexible, and more Radio One called Igniting Change with disability-related lawsuits. successful. Barbara Arnwine, and she teaches at Ms. Rozumalski suggested that em- Mr. Denney introduced “universal Columbia Law School. ployers can help induce people with design” as another way for employers to Ms. Arnwine is the president and disabilities to apply and succeed in the advance inclusion rather than assuming founder of the Transformative Justice hiring process simply by offering rele- that comporting with legal requirements Coalition and currently serves on the vant information without being asked alone will suffice. By designing workplac- boards of the National Coalition to and by being ready and able to provide es and procedures that are accessible to Abolish the Death Penalty (as vice chair), information if requested. For example, all, employers can circumvent much of MomsRising, and Independent Sector. people with disabilities often plan on-site the awkwardness in legal compliance She served as executive director of the visits with care in order to satisfy medical procedures. Indeed, employers viewing Lawyers’ Committee for Civil Rights Under and biological needs. A website with the ADA as a tool primarily for reducing Law from 1989 until 2015. Ms. Arnwine is detailed information about entrances, the risk of lawsuits can overlook ample an esteemed graduate of Scripps College available rest rooms, and transportation situations in which a universal design and Duke University School of Law. facilitates that planning. Ms. Rozumalski policy could preempt a lawsuit arising The OWLS Fall CLE will take place on identified information in job postings and out of compliance issues. Not only can Friday, October 27, in Portland, and it interview invitations that helps people universal design signal inclusion and promises to be an enlightening educa- with disabilities figure out whether to build a strong workforce, it can reduce tional experience for those who choose apply for a job and how to “put their legal risks, often more effectively and to participate. Additional details will be best foot forward” in the application less expensively than a formal process. provided when they become available. and interview processes. In sum, employers eager to diversify It is expected that the CLE will qualify Offering such information as a matter their workforces with respect to disabil- for at least one access to justice MCLE of course instead of making the candidate ity must do more than rely on the ADA credit. If you are interested in being bet- request it or justify its importance signals and similar compliance technologies. ter equipped to bring about a more just the employer’s understanding that peo- Boilerplate nondiscrimination statements and equal society, plan on attending and ple with disabilities are valuable assets and accommodation procedures are not come prepared to be inspired to become on their workforces. Effective inclusion enough. A shift in perspective away from an activist for positive change within our with respect to disability often pivots on a siege mentality, risk management, profession and our community. that understanding. Much of the skill set and screening out deficits rooted in ste- Rebecca Guptill is an attorney with the that employers say they look for in job reotypes is essential. Thinking in terms Harris Law Firm in Hillsboro, practicing candidates is precisely what people with of inclusion can support a discerning primarily in the area of family law. disabilities cultivate in their daily lives. employee-selection process and avoid She is the acting chair of the Lawyers’ For example, managing a physical dis- lawsuits to boot. Association of Washington County, the ability often requires phenomenal prob- Jim Yocom serves on the OWLS board. Washington County OWLS chapter.

OREGON WOMEN LAWYERS AdvanceSheet 6 SUMMER 2017 mplicit bias” has become a popular the frame- topic in legal circles, as “diversity” THE JUDGES’ FORUM work con- “Ihas begun to wane. Unfortunately, ceived by the the way both these topics are discussed in appellant, our legal community does not genuinely and then the challenge our behavior and assumptions appellant is enough to meaningfully address the allowed to persistent inequities that bias and lack reply. A simi- of diversity implicate. lar thing hap- In part, the disconnect I’m perceiving By Judge Darleen Ortega pens at oral is simply what happens with concepts Oregon Court of Appeals argument: that aim to address challenging prob- the appellant lems; before long the concepts become argues first; Judge Darleen Ortega so watered down that they cease being Such a conception “functions beautifully the respon- useful. “Implicit bias” and “diversity” to protect racism by making it impossible dent then seem headed the way of “equality” and to engage in the necessary dialogue and answers; and finally the appellant may “affirmative action” as ideas that were self-reflection that can lead to change.”1 make a rebuttal argument. This way of briefly challenging but became less and In reality, racism and other biases proceeding does not entirely correct less meaningful. are primarily structural. All institutions structural bias, but it is a sound way to But “implicit bias” and “diversity” are have a dominant culture; all institutions structure the proceedings so as to under- also fundamentally too limited as means function with deference to the comfort cut structural bias. for addressing persistent inequities. Both and needs of the privileged members of What if, instead, the judges went into concepts allow us to make minimal efforts that dominant culture. As Ms. DiAngelo a private room with the respondent, toward that end without dealing with explains, “A structural understanding talked through the case with him, came the root causes for those inequities. Our recognizes racism as a default system that to a tentative resolution, and then called diversity efforts, for example, likely will, institutionalizes an unequal distribution in the appellant and asked her what she at best, motivate us to allow a few people of resources and power between white thought about that tentative resolution? from under-represented backgrounds people and people of color. This system No matter how articulate and careful the into privileged spaces, without dealing is historic, taken for granted, deeply em- appellant were to be in that scenario, she with the racism, sexism, heterosexism, bedded, and it works to benefit whites.”2 would not have much chance of affecting homophobia, ableism, and other biases Most of the ways that racial and other the outcome of the case. that have caused our structures to func- biases are perpetuated are cultural and Unfortunately, the way we address tion to exclude and to assign value in structural; meaningful change is not structural bias of other kinds—like, for ways that disadvantage people who do possible without addressing structures. example, institutional racism—is to func- not fit into our dominant paradigms. And In most ways, the legal system is terrible tion as though no structural adjustment without dealing with those biases, we will at addressing institutional racism and is needed, because we believe ourselves tend to allow in only those who fit into other forms of structural bias; it mostly individually to lack racist intent. Conse- and justify those paradigms, leaving our doesn’t attempt to do so. But the legal quently, a person who is at a structural biases unchallenged. system does contain a good example of disadvantage—as people of color de- “Implicit bias,” likewise, frames the a sound effort at addressing structural monstrably are in the legal system, for concept of bias too narrowly. As currently bias. Inside the appellate court system, example—is likely to experience the legal discussed in every program I have seen we understand that every appellant is at system much like the appellant would on the topic, the focus is on persuading a structural disadvantage because a prior in my hypothetical scenario. In fact, the participants (typically using the Harvard judge or agency has already concluded hypothetical seems like a pretty good Implicit Association Test) that everyone that the appellant should lose her case. metaphor for what it feels like to func- has unconscious biases and encouraging For corresponding reasons, a respondent tion—not just to raise issues of bias but us to “eliminate” them. However, bias is on appeal has a structural advantage. As also to prove oneself at all, to achieve not exclusively or primarily manifested in a consequence, we allow appellants to anything of significance—from a position individuals, and addressing bias as purely file the opening brief, wherein they iden- at the margins. a problem of personal perception spares tify the issues on appeal. In a sense, the No system—including the legal us the work of understanding what fuels, appellant sets the agenda. The respon- system—will address its structural biases feeds, and reinforces our biases, work dent’s answering brief engages within Continued on page 8 that is necessary if we are to address the problem of bias in any significant way. As Robin DiAngelo has expressed very Support OWLS’ work helpfully in discussing racism (the form of bias we, arguably, most resist addressing), by placing an ad in the OWLS AdvanceSheet. the notion that racism consists primarily of individual acts of cruelty virtually guarantees that attempts to name and address racism will be met with predict- Contact us at 503.841.5758 or able outrage. Under that conception, to [email protected]. name racism is to insult an individual.

OREGON WOMEN LAWYERS AdvanceSheet 7 SUMMER 2017 The Judges’ Forum continued from page 7 without looking beyond individual bias to listen to. 5. Explore some of the ways that racism and beginning the work of understand- We are not likely to undertake any of is bad for our bodies: https://www.theat- ing how such biases manifest. Such work this work—including addressing implicit lantic.com/health/archive/2013/03/how- will take significant energy and resources bias or meaningfully diversifying the ju- racism-is-bad-for-our-bodies/273911/. and is likely to challenge us. A casual diciary and other places of privilege and 6. Explore Christena Cleveland’s work interest in implicit bias will not get us leadership—without a sense of urgency. on listening well as a person of privilege: there, nor will incremental efforts at di- The work is too costly and difficult, and http://www.christenacleveland.com/ versity that are aimed at finding “diverse” it is too difficult for those with privilege blogarchive/2013/05/listening-well-as-a- candidates who fit well into our existing to imagine the upsides (though those person-of-privilege-the-complete-series. systems. We need to begin to understand upsides certainly exist). So, in the near 7. Watch Get Out: http://portlandob- how structural bias works and to alter term, here are some things to do to build server.com/news/2017/mar/28/film-seep- our ways of doing things to account for an appropriate sense of urgency: your-consciousness/. and begin to address it. 1. Acquire some education about rac- 8. Watch I Am Not Your Negro and read A problem is that structural bias is very ism. Participate in an Undoing Racism the work of James Baldwin. Mr. Baldwin hard to see if you are a beneficiary of it. A Workshop with the People’s Institute said, for example: white person attempting to perceive how (http://pinwseattle.org/register.php) or a I don’t know if white Christians hate racism affects structures, for example, is Reframing Racism workshop or Refram- Negroes or not, but I know . . . the like a fish attempting to perceive water. ing Equity e-course with the Center for most segregated hour in American Addressing structural bias will necessarily Equity and Inclusion (http://ceipdx.org/ life is high noon on Sunday. That involve recognition that the people most whatwedo/). says a great deal for me about a adept at recognizing structural bias are 2. Learn about white fragility: http:// Christian nation. It means I can’t those at the margins, who are on the www.alternet.org/news-amp-poli- afford to trust most Christians, and losing end of structural bias—the very tics/11-ways-white-america-avoids-tak- I certainly cannot trust the Christian people who are least likely to be setting ing-responsibility-its-racism. church. I don’t know whether the the agenda, deciding what issues are 3. Learn about moral licensing: http:// labor unions and their bosses really important, and making the final call revisionisthistory.com/episodes/01-the-la- hate me—that doesn’t matter—but when a matter is in dispute. Addressing dy-vanishes. I know I’m not in their union. I don’t structural bias will involve giving priority 4. Read The New Jim Crow, by Michelle know whether the real estate lobby to the voices that we are least inclined Alexander. has anything against black people, but I know the real estate lobby is keeping me in the ghetto. I don’t know if the board of education hates black people, but I know the textbooks they give my children to read and the schools we have to go AMATO MEDIATION to. Now, this is the evidence. You want me to make an act of faith, risking myself, my wife, my woman, my sister, my children on some ide- alism which you assure me exists in American, which I have never seen.3 Endnotes LISA AMATO 1. Robin DiAngelo, “11 Ways White America Avoids Taking Responsibility for Its Racism,” DISPUTE RESOLUTION SERVICES http://www.alternet.org/news-amp-pol- itics/11-ways-white-america-avoids-tak- TELE 503.789.3262 ing-responsibility-its-racism. EMAIL [email protected] 2. Id. WEB amatomediation.com 3. James Baldwin, as transcribed in I Am Not Your Negro: A Companion Edition to MEDIATION • ARBITRATION the Documentary Film Directed by Raoul Peck, by James Baldwin and Raoul Peck (Vintage Books, 2017). Mr. Baldwin made these remarks during an interview on the Dick Cavett Show in 1968.

OREGON WOMEN LAWYERS AdvanceSheet 8 SUMMER 2017 Judge Anna J. Brown Takes Senior Status July 27, Creating Potential of Just Fourth Oregon Woman to Serve as U.S. District Judge in the Court’s 158-Year History By Heather Van Meter fter 25 years as a trial judge, in- cluding nearly 18 years serving as Aan Article III judge for the District of Oregon, Judge Anna Jaeger Brown will transition to “senior status” on July 27, which will create a vacancy on Oregon’s U.S. District Court, to be filled by pres- idential nomination and confirmation by the U.S. Senate. Judge Brown will reduce her caseload and work less, with more ability to select her caseload and control her time. She is looking forward to spending more time with her husband, Paul, to whom she has been married for nearly 40 years, and with her large ex- tended family, as well as to travel, garden, knit, and enjoy life away from the bench. Judge Brown’s long, distinguished ca- reer as a trial lawyer and judge in Oregon Oregon’s female federal judges (left to right): Magistrate Judge Jolie A. Russo, Judge Anna J. Brown, Magistrate Judge Youlee Yim You, Magistrate Judge Stacie F. was born while she was in the night pro- Beckerman, retired Bankruptcy Judge Elizabeth Perris, Judge Susan Graber of the gram at Lewis & Clark Law School (then Ninth Circuit Court of Appeals, Chief Bankruptcy Judge Trish M. Brown, Judge Ann known as Northwestern School of Law at Aiken, Magistrate Judge Patricia Sullivan, Magistrate Judge Janice M. Stewart. Lewis and Clark College) and while she Photo taken in winter 2017. clerked during the day for Multnomah eration to fill the vacancy created when Clinton in 1998; and Judge Brown was the County Circuit Judge John C. Beatty Jr., U.S. District Judge Malcolm F. Marsh took third and last, appointed nearly 18 years whose daily docket immediately drew senior status. With her sterling reputation ago. Judge Brown has profound respect her to trial court work. Once admitted to as a trial lawyer and judge, together with for her male colleagues, including the the Oregon bar in 1980, she joined the the support of Senator Ron Wyden and four men appointed to be district judges Portland-based Bullivant Houser Bailey Senator Gordon Smith, she was easily after her, but she is adamant that it is law firm and, in 1986, she became one of nominated and confirmed, and she was well beyond time for another woman to the first two women elected to the firm’s sworn in as a member of the U.S. District be named to Oregon’s U.S. District Court partnership. At the time, she was one of Court of Oregon on October 26, 1999. bench, and she sincerely hopes that her a small group of women trial lawyers in Of the 29 U.S. District Court judges who time as a senior judge will include the Oregon handling civil jury cases, and in have served in Oregon since the court’s collegial company of a woman serving as time, she broadened her professional founding in 1859, only three have been Oregon’s 30th U.S. District Court judge. focus to consider judicial service. women: Judge Helen J. Frye was the first, Judge Brown will be forever grateful to appointed by President Jimmy Carter in Heather Van Meter is a senior assistant at- Governor Barbara Roberts who, in 1992, 1980; former Chief Judge Ann L. Aiken torney general in the Oregon Department first appointed her to a vacancy on the was the second, appointed by President of Justice and a past president of OWLS. Multnomah County District Court and just two years later appointed her to a Multnomah County Circuit Court vacancy. There, Judge Brown presided over many routine and complex criminal, family law, and civil matters, including the highly publicized Williams v. Phillip Morris jury Tonya M. Alexander, J.D. trial, Oregon’s first tobacco-products-lia- bility case whose punitive damages award A fresh approach to helping family was reviewed in multiple Oregon appel- law attorneys settle their cases late and U.S. Supreme Court decisions. Exclusively Divorce Mediation & Collaborative Law In 1999, while President Bill Clinton sought to fill numerous federal ju- YourPeacefulResolution.com dicial vacancies through an active Over 15 years of dedication to Family Law Republican-controlled Senate, Judge (503) 531-9109 Brown submitted her name for consid-

OREGON WOMEN LAWYERS AdvanceSheet 9 SUMMER 2017 Judge Anna J. Brown to Be Honored with American Inns of Court’s Esteemed Professionalism Award By Heather Van Meter regon’s U.S. District Judge Anna J. and unwavering commitment to the lawyers, and Brown will be honored with the rule of law. new judges O2017 American Inns of Court Pro- For example, Senior Ninth Circuit Judge like her. fessionalism Award for the Ninth Circuit Edward Leavy said Judge Brown “has the Along with at the upcoming Ninth Circuit Judicial special gift of contributing calm, digni- other Amer- Conference on July 17. The award is a ty, and grace to every gathering.” U.S. ican Inns of high honor and recognizes a lawyer or Magistrate Judge Stacie F. Beckerman, Court award judge “whose life and practice display who appeared before Judge Brown as an recipients, sterling character and unquestioned assistant U.S. attorney, noted that Judge Judge Brown integrity, coupled with ongoing dedica- Brown was known to be “tough, but fair” will be hon- tion to the highest standards of the legal and an inspiring trailblazer female lawyer ored at the profession and the rule of law.” and judge. Multnomah County Circuit U. S. Supreme Judge Anna J. Brown Senior U.S. District Judge Robert E. Court Judge Cheryl Albrecht wrote that Court this fall Jones, who has known Judge Brown her Judge Brown is “a shining example of in a ceremony at which Justice Elena entire career, formally nominated her for someone who exemplifies unwavering Kagan will preside. the award, stating that she is “the best integrity, persistent promotion of the Heather Van Meter is a senior assistant at- of the best around here” and “loved and value of the rule of law, and lifelong com- torney general in the Oregon Department respected by everyone on this Court,” not mitment to the utmost in professionalism of Justice and a past president of OWLS. to mention one of his “star students” in and ethical legal practices.” In addition, evidence and advocacy classes at Lewis & Multnomah County Circuit Court Judge Clark Law School. Several supporting let- Xiomara Torres, who volunteered as a Clackamas ters cited Judge Brown’s handling of the law-student intern in Judge Brown’s recent Malheur Wildlife Refuge criminal chambers, emphasized that Judge Brown Wine-Tasting Tour cases, but their overarching theme was “exemplifies professionalism in our legal By Annalise Oetken Judge Brown’s career-long dedication to community” by constantly encouraging the highest standards of professionalism and making time for law students, new Enjoying the event (left to right):

Angie Russo, Bonnie Carter

Tom and Cindy Kranovich, Judge Kathie F. Steele n June 10, Clackamas Women Lawyers and the Clackamas OCounty Bar Association co-hosted their annual wine-tasting tour. Riding on a chartered bus, the 26 participants first visited Domaine Divio Estate, where proprietor Bruno Corneaux discussed his experiences as a winemaker. Then the group enjoyed a private tasting at Stoller Family Vineyard before being graciously hosted at the home of Dick Erath for a potluck lunch. Dick, a pioneer of the McGAUGHEY ╫ ERICKSON Oregon wine industry, regaled the group Shareholder Partner LLC Member Disputes with fascinating stories about the Oregon wine industry before giving a full tour of 65 SW Yamhill St., Ste 200, Portland 97204 | 503-223-7555 | www.law7555.com his personal vines and gardens.

OREGON WOMEN LAWYERS AdvanceSheet 10 SUMMER 2017 OWLS CLE on Gender Bias in Performance Evaluations By Joslyn Keating or employers and employees alike, they are doing well and areas in which specific examples if a comment is vague or performance evaluations are some- they need to improve. seems unjustified. An employee who feels Ftimes viewed as an affliction in a Without documented job-specific unprepared to respond to a questionable productive work environment. If you have accomplishments, it can be difficult critique during a review meeting, or feels been on either side of a traditional per- for an employer to justify promoting a that a response may be negatively influ- formance evaluation, you can probably woman. Conversely, the lack of skill-based enced by an emotional reaction, should imagine why. For employers, the review feedback deprives women of the oppor- ask that the meeting be rescheduled (or process might involve gathering and syn- tunity to focus on areas of improvement just make up an excuse to leave for a thesizing a year’s worth of performance that will allow them to advance in their moment). A written reply to the evalu- data from multiple sources, and then careers. ation can also prove useful, especially if analyzing how the data show positive To combat the implicit gender biases it is supported by documentation that or negative aspects of the employee’s that put women at a subtle disadvan- discredits the evaluation. performance. From an employee’s per- tage for advancement, the CLE panelists Because evaluators who act on implicit spective, rating systems are often consid- offered the audience some practical tips. biases are oblivious of their behavior, the ered subjective measures of performance, Preparations to counter any negative key to eradicating the problem is aware- leading to evaluations that are colored by feedback that may be tainted by implicit ness. One can only hope that, as more the reviewer’s own beliefs. Indeed, when biases should begin far in advance of the law firms and attorneys acknowledge it comes to gender, research shows that performance evaluation. Employees are and confront the implicit gender biases a reviewer’s personally held stereotypes encouraged to actively track and docu- that impede the advancement of women and attitudes can cause the reviewer to ment their own performance throughout in their organizations, those efforts will unfairly evaluate women and men differ- the review period. This may include yield an accelerated demise of the gender ently. This disparity is referred to as an soliciting regular input from managers gap in pay and status in the legal field. “implicit bias” when the reviewer is not and co-workers. A special thanks to Jim Yocom for aware that a personal belief or attitude Once the employee receives the evalu- organizing the CLE and to Vera Warren is causing the inequitable behavior. ation, it can be difficult to identify when for serving as moderator. During an April 6 phone-in CLE pre- a performance critique or rating is rooted Joslyn Keating focuses on OSHA, workers’ sented by the OWLS Leadership and in an implicit gender bias. Employees compensation, and employment defense Membership Committees, I, along with should therefore ask for clarification or at Cummins, Goodman, Denley & Vickers. Kate Wilkinson (director of litigation services at the Oregon School Boards Association) and Traci Ray (executive director at Barran Liebman) sought to illustrate how implicit gender biases manifest during performance evaluations and negatively affect women, especially women in the legal field. The panelists explained that gender stereotypes lead evaluators to rate men and women differently for the same behaviors or to rate them on different sets of behaviors for the same job. Essentially, evaluators set performance expectations based on the gender ste- reotypes they ascribe to and rate job performance consistent with those ste- reotypes. As a result, women get more nonconstructive feedback than men. For example, women are more likely to be penalized for their communication styles or personality traits, such as being “too aggressive” or “hard to work with.” These unhelpful criticisms are far more prevalent in the performance evaluations of women than men. Evaluators are also more likely to give women vague feedback and attribute their accomplish- ments to external factors, rather than job-related skills. Men, on the other hand, tend to be given a clearer idea of what

OREGON WOMEN LAWYERS AdvanceSheet 11 SUMMER 2017 he 2017 legislative session recent- million for OJD to fund Oregon eCourt. ly adjourned after a six-month HB 2797 increases presumptive criminal Tfocus on budgets and taxes, fines by $5 beginning January 1, 2018, with a smattering of bills that relate to and will raise an additional $3.1 million the court system and various areas of to fund Oregon eCourt. In addition, substantive law. After working through eCourt user fees to access the system were the 4th of July holiday, Oregon’s 79th increased on July 1 to raise $1.5 million. Legislative Assembly finally adjourned Court Facilities “sine die” on Friday, July 7, three days shy This session, the legislature funded of the constitutionally required deadline By Susan E. Grabe courthouse upgrades in Lane and Mult- of July 10. nomah Counties and provided funding to The pace of the 2017 session was fre- County and one in Josephine County (HB seismically retrofit the Oregon Supreme netic, with the Legislative Counsel’s Office 2605). The funding does identify a $4 Court building in Salem. In addition, the drafting 4,871 bill drafts. 2,827 measures million increase in other funds for spe- legislature allocated funding for state were introduced, and 3,754 proposed cialty courts treatment and specialty court and county court security. amendments were drafted. 655 measures programs as well as funding for eCourt. SB 5505 and 5506 contain the fund- passed both chambers and were signed Additionally, there is almost a $1 million ing provisions for Oregon’s courthouse by Governor Kate Brown. reduction in General Fund and Criminal facilities. The bills identify and limit Legislators faced a $1.8 billion defi- Fine Account funding for pass-through the maximum amount of bond and cit going into the session, but positive payments. These reductions will apply third-party financing agreements that revenue forecasts adjusted the deficit to mediation/conciliation programs, law the state may issue, as well as set forth downward to $1.4 billion. However, the libraries, court security, the Oregon Law the expenditure limitation for capital increase in tax revenues triggered the Commission, and the Council on Court construction projects. “kicker,” which meant taxpayers were Procedures. Judges did not receive a SB 5505 allows OJD to issue bonding of entitled to a credit on their tax returns salary increase, but they do have a COLA, $5.1 million for the Lane County Court- (instead of a kicker check, as in the past). enacted last session. house, $102.5 million for the completion A “provider tax” package of $900 million Oregon eCourt of the Multnomah County Courthouse, to cover Medicaid shortfalls nearly erased The Oregon Judicial Department com- and $6.1 million for the seismic upgrade the deficit. pleted its statewide implementation of to the Oregon Supreme Court building The November 2016 election meant Oregon eCourt at the end of 2016. At in Salem. Under SB 5506, OJD received that the Democrats maintained an edge the start of this session, OJD identified authority to spend $8.9 million on court- in the House (35–25), the Senate (17–13), an $8.3 million shortfall in funding for house equipment and furnishings for the and the Governor’s Office; the majority eCourt. Currently, the eCourt system is Multnomah County Courthouse and $6 controlled much of the conversation, to funded through three sources: civil filing million on the Oregon Supreme Court the consternation of the minority party. fees, criminal fines and assessments, and Building renovations. Even though the Democrats had a user fees. Senate Bill 5529 allocated $6.4 million majority, reaching a consensus on larg- As part of the OJD budget, Oregon from the Criminal Fine Account toward er policy issues that raised revenue or eCourt received approval for a $10.7 state court security as well as distributions increased a fee required a 3/5 vote, and million Other Fund expenditure from to county court security accounts and $3.1 thus proved to be difficult. Nonetheless, the State Court Technology Fund. This million for the Oregon eCourt system. highlights of the session included a $5.3 funding will support staff positions and Public Defense Services Budget billion transportation package to address final implementation costs associated infrastructure and congestion problems For indigent criminal defense, the rec- with Oregon eCourt. To reach that bud- that affect the entire state, pay equity ommended budget for the 2017–2019 bi- get number, OJD has a multipronged ennium is $303,877,532 total funds. While (HB 2005), predictable scheduling for approach: increase filing fees, increase this is an increase from the 2015–2017 employees (SB 828), and a recreational fines and assessments, and increase user budget, similar to the increase made to immunity fix that immunizes govern- access fees. A fourth source of revenue, several other agency and commission mental entities from some tort claims (SB still under consideration, but not acted on budgets, this funding level is below the 327). Left on the table: rent control (HB this session, would impose an overhead current service level of funding. 2004), any sort of corporate activities tax, assessment on governmental entities. The legislature, however, was able to a Horton fix that would allow juries to Currently, 60% of the users are public add $4.7 million in General Funds to the award noneconomic damages in appro- subscribers such as law enforcement budget of the Public Defense Services priate cases without the current $500,000 entities, the Oregon Department of Commission (PDSC). This additional cap (SB 737), and changes to address the Justice, public defense providers, district funding addresses an ongoing shortfall PERS unfunded liability. attorneys, the Department of Corrections, in the current service level budget and Oregon Judicial Department Budget etc. These entities do not pay to access was intended to decrease the need to The Oregon Judicial Department (OJD) the eCourt system. request additional funds at the end of budget included a 4.4% reduction (ap- HB 2795 increases civil court filing fees the biennium. However, no additional proximately $14 million) in General Fund by 5% as of October 1, 2017. The bill also funding was allocated to the courts or dollars for the trial, tax, and appellate decreases the amount of the foreign judg- PDSC to address the potential impact of courts and court administration (HB ment fee, and adds a $2 increase over the implementing the grand jury recording 5013), although it still ended up with 5% to prevailing party fees and garnish- bill (SB 505). Concerns have been raised two new judgeships, one in Washington ments. This will raise an additional $2.9 that recording grand juries could increase

OREGON WOMEN LAWYERS AdvanceSheet 12 SUMMER 2017 the number of preliminary hearings in the three counties identified to phase in the Lane County Women Lawyers’ Clothing Drive program initially. In years past, the PDSC By Mary Savage has found it necessary to petition the legislature for additional funds toward the end of the biennium to address un- expected budget shortfalls. Additional Bills of Interest Below are the highlights of some other bills of interest to practitioners. SB 374, Real ID. Allows the state to issue driver’s licenses and ID cards in compli- ance with federal standards imposed as a result of the 9/11 attacks. SB 505, Grand Jury. Directs district at- torneys to ensure that proceedings before grand juries are recorded using audio electronic recording devices designated, provided, and maintained by OJD. SB 1067, Cost Containment. Enacted At the clothing drive (left to right): Mary Savage, Rebecca Ivanoff, Catherine Jedlicka, to address the budget shortfall. Among Lorelei Craig, Rachel Collins from Womenspace, Julia Manela, Kasia Mlynsk other things, the bill centralizes debt n Thursday, April 6, Lane County Women Lawyers hosted its annual clothing collection for debts owed to the state, drive to benefit the Womenspace Economic Empowerment Program. Dona- merges the two public employee health tions of gently used professional clothing for both men and women, and cash, insurance plan boards, and reduces the O were accepted, and all who donated were treated to a delicious buffet lunch at the cap on state employee positions. Steelhead Brewery in Eugene. The clothing drive was a huge success, with judges, HB 2191, Shell Corporations. Autho- attorneys, and local professionals all coming out to support the cause. Thank you to rizes the secretary of state and the De- all of our participants. We look forward to working with the Womenspace Economic partment of Justice to investigate alleged Empowerment Program next year for another exciting event. or potential violations of business entity statutes and to require business entities Mary Savage, a lawyer and human resources manager at Kernutt Stokes in Eugene, to provide lists of shareholders and other serves on the Lane County Women Lawyers Steering Committee. information. Public Records. A trio of public records bills: HB 2101 creates the Oregon Sun- shine Committee to review exemptions to public records and report back to the legislature; SB 481 establishes timelines to respond to public record requests; and SB 106 creates a public records advocate position as well as a council to address disputes between the public and public bodies. HB 2355, Racial Profiling and Possession of Controlled Substance. Requires collec- tion of data relevant to racial profiling and reduces possession of a controlled substance from a felony to a misdemean- or in certain circumstances. The OSB’s law improvement package of legislation for 2017 was largely successful, with one bill (HB 2609) turned into an interim workgroup for further revisions. You can find details on the OSB website. Thank you to the section volunteers who shepherded these proposals through the legislature. Most of the legislation that lawyers care about will be covered in the OSB Legislation Highlights, to be published in late summer. Susan E. Grabe is the public affairs direc- tor at the Oregon State Bar.

OREGON WOMEN LAWYERS AdvanceSheet 13 SUMMER 2017 OWLS Networking in Salem on May 2 By Erin Dawson

At the event (l to r): Margaret Gander-Vo, Morgan Sund, Elayna Zammarelli n Tuesday, May 2, mid–Willamette OValley OWLS members and other local professionals gathered at the beau- tiful Hallie Ford Art Museum in Salem to share food, drinks, and good company. Central to the evening, Sonia Miller, Linn-Benton Women Lawyers met on June 22 for the group’s spring membership a speaker, coach, and author, offered event at Sybaris Restaurant in Albany. Enjoying the event are (clockwise, from keynote remarks titled “The Invincible bottom left) Fay Stetz-Waters, Keri Smith, Georgia Smithee, Joan Demarest, Professional Woman: Find Your Blind Rebecca Winters, Amy Cook, Hon. Carol Bispham, Lorena Reynolds, Denise Soto, Spots, Reveal Your Power.” To watch a Rachel Kittson MaQatish, Beth Crawford, Mitzi Maucler, and Janet Boytano. recording of Sonia’s presentation, visit soniammiller.com/workshops-and-retreats. This OWLS networking event was For more information about OWLS, visit www.oregonwomenlawyers.org. made possible through the generosity of presenting sponsor Surety Solutions. Contract Lawyers Discussion Group

MEDIATION A RBITR A TION Lisa C. Brown Susanne Aronowitz he OWLS Contract Lawyers Dis- 25 years civil and criminal cussion Group met in Portland on trial experience. TMay 2 and June 6. Lisa C. Brown, an employment lawyer with Bullard Law, provided essential information on May 2 about the differences between contract lawyers and employees and how to maintain those distinctions. On June 6, MULLEN ADR Susanne Aronowitz, an attorney, coach, [email protected] and career consultant for lawyers, dis- cussed career management for contract 503-901-6199 lawyers and sole practitioners. On October 3, the group will resume meeting on the first Tuesday of each Molly Jo Mullen month from 1 to 2 p.m. at the offices of Garvey Schubert Barer in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 14 SUMMER 2017 Meet Multnomah Circuit Court Judge Karin J. Immergut By Shaun Morgan udge Karin J. Immergut has served as chose to leave after a year when offered they tend to a circuit court judge in Multnomah the rare opportunity to serve as an assis- be underrep- JCounty since 2009, presiding over tant United States attorney (AUSA) in Los resented in hundreds of civil and criminal trials. As Angeles, California. There she handled a the court- a judge, she appreciates the opportunity wide variety of cases, including numerous room and in to interact with jurors, litigants, criminal complex drug and money-laundering high-stakes defendants, and members of the public cases. She went to trial in approximately litigation. generally who may view civic institutions ten cases during her first year, making it She there- with skepticism or even hostility. She a point to try as many cases as possible, fore serves strives to treat the people who come including volunteering to take cases that on the OWLS into her courtroom with respect, so they other attorneys were not enthusiastic Leadership leave with the feeling that the system can about trying. In 1992 she was promoted Committee Judge Karin J. Immergut provide people with a fair shake. Before to deputy chief of the narcotics and and works to joining the bench, Judge Immergut served money-laundering section. In 1994 she organize a speakers series on political for six years as the United States attorney served as the chief of the training section leadership to provide insight on women for the District of Oregon. She is believed for the office, training and supervising in leadership. So far, U.S. Representative to be the first U.S. attorney to give birth new trial attorneys. Suzanne Bonamici and Oregon Attorney while in office. In 1994 Immergut accepted a posi- General Ellen Rosenblum have been Her father, who was Jewish, was born tion with the law firm Gravel & Shea in speakers, and the committee plans to in Vienna, Austria. To escape persecution, Burlington, Vermont. She handled civil schedule an array of state and local he fled to China before settling in Brook- litigation, including employment cases, politicians from both sides of the aisle. lyn, New York, and working as a chemist. personal injury, and contract disputes. Judge Immergut encourages female While working temporarily as a chemist During that time, she also volunteered attorneys to make themselves visible and in Sweden, her father met her mother, as a pro bono attorney for the federal learn as much as they can in their practices a Swedish chemist and mathematician. bar, representing indigent defendants. by volunteering for tough assignments They married in Sweden, and together In 1996 she relocated to Portland, and taking on cases that other attorneys they immigrated to Brooklyn, where where she began working at the Mult- might not. She also encourages women Judge Immergut was born. nomah County District Attorney’s Office, to serve on leadership committees in Judge Immergut’s formative years in prosecuting felonies, including drug their organizations and to apply for pro- Brooklyn triggered her interest in the cases, financial fraud, elder fraud, and motions, even if that means subjecting criminal justice system. She describes homicides. She left in 2001 to become an themselves to rejection and criticism. growing up with the feeling that crime AUSA for the District of Oregon, where Outside of work, Judge Immergut en- was always around her, a feeling that she prosecuted mortgage fraud, large- joys spending time with her two daugh- would influence her career choices. scale identity theft, and gun cases. Two ters and husband. Her oldest daughter Judge Immergut attended Amherst years later, President George W. Bush will attend Dartmouth College in the fall. College, graduating with a degree in appointed her to be the United States Her husband is a litigation attorney in psychology and Spanish in 1982. Amherst attorney for the District of Oregon, and Portland who recently published his first had elected to admit female students for she was unanimously confirmed by the novel, Bitter Is the Wind, which Judge the first time only three years before she U.S. Senate. Immergut enjoyed reading. She is an avid arrived. She pursued psychology because Judge Immergut is concerned by the Bruce Springsteen fan and has attended she was interested in human behavior and lack of women in leadership positions 45 of his concerts with her husband. motivations. Building on her interest in today, noting that while women make Shaun Morgan is an associate attorney crime, she worked during school on an up almost 50% of law school graduates, at Rizzo Mattingly Bosworth in Portland. independent research study on prisons that included GED tutoring to an inmate at the county jail. Upon graduating, she Need help with a big case? Want to take a vacation? received a fellowship from the New York Contact the OWLS Contract Lawyer Service. We can help! City Urban Fellows Program to work with the government agency responsible Contact us with project/job information. for the jail system. Realizing that a law We immediately post the announcement to our degree would give her the best oppor- contract lawyer listserve. You are promptly contacted tunity to pursue her interest in criminal by contract lawyers who meet your criteria. No fee to justice, she enrolled at the University of post jobs or projects. You pay the contract lawyer you California–Berkeley’s Boalt Hall School hire. OWLS contract lawyers are statewide. of Law, graduating in 1987. Many levels of experience. Many types of expertise. After law school, Judge Immergut ac- cepted a litigation associate position with the civil law firm Covington & Burling in For more information or to post a job, contact Washington, DC. Although she highly Diane Rynerson: 503.841.5720 or [email protected] enjoyed her civil practice at the firm, she

OREGON WOMEN LAWYERS AdvanceSheet 15 SUMMER 2017 Road to the Bench Comes to Southern Oregon By Jennifer Nicholls

Panelists at the Road to the Bench event were (left to right) Judges Bethany Flint, Lindi Baker, Patricia Crain, and Kelly Ravassipour.

n April 29, Cascade Women Law- at a young age. For the other panelists, All attendees commented that they yers and Rogue Women Lawyers the realization came during the natural were grateful for the judges’ candor and Ohosted a “Road to the Bench” progression of their careers. receptiveness to answering questions. presentation in Medford. This was the Each judge then described her experi- Heather Weigler, co-chair of the OWLS first Road to the Bench activity held in ence with the actual application process, Judicial Workgroup, also attended. She Southern Oregon in several years. from the initial intake form to the in- said that she had recently met with Road to the Bench, a program creat- terviews. Although all four judges were someone in Governor Brown’s office ed by the OWLS Judicial Workgroup, is appointed, each also spoke about her who had reiterated the governor’s designed to explain and demystify the experience of running to retain the seat. commitment to diversifying the bench, process of applying or running for a Each of the four also spoke candidly particularly outside the Portland metro judicial opening. about the impact that being a judge area. The Road to the Bench program Thirteen OWLS members from six has had on her life and her family’s life. has been successful in encouraging counties (Deschutes, Douglas, Jackson, One spoke of coping with her first death and supporting OWLS members from Jefferson, Josephine, and Multnomah) threat. Another spoke of the challenges non-dominant cultures to pursue and attended. The program was free to OWLS of being a judge while raising young secure judicial appointments around the members. Several Medford-area OWLS children. state. The OWLS Judicial Workgroup also members even opened their homes for Despite the “reality check,” Judge supports applicants for judicial openings those traveling from out of town to en- Baker emphasized that she was partic- by reviewing application materials and sure that the event was affordable for all. ipating on the panel to encourage the conducting mock interviews. Four judges participated in the Road attendees to pursue seats on the bench. After the panel discussion, the attend- to the Bench panel discussion: Presiding She suggested that attendees interested ees enjoyed a networking lunch, which Judge Lindi Baker (Josephine County), in the judiciary take advantage of op- allowed OWLS members from six counties Judge Patricia Crain (Jackson County), portunities to experience the role of a (including leaders of several different Judge Bethany Flint (Deschutes County), judge, including applying for positions OWLS chapters) to connect. and Judge Kelly Ravassipour (Jackson as judges pro tem, judicial referees, and This event was a collaboration between County). Each judge shared her own municipal judges. Rogue Women Lawyers and Cascade unique story and perspective on judicial Attendees reported being at very dif- Women Lawyers. The organizers hope service. And each was very candid about ferent stages in their own careers. Some that it is the first of many collaborations her journey to the bench, as well as her described their planning to apply for a to help bring OWLS programming to life on the bench. judicial opening in the coming years. One Southern and Central Oregon. The conversation began with each reported currently being in the screening judge describing how she came to the process. Some attended to show support Jennifer Nicholls is a partner at Brophy realization that she wanted to become for other OWLS members interested in Schmor in Medford and an OWLS board a judge. Judge Flint said that she knew this career path. member.

For more information about OWLS chapters and activities, please visit www.oregonwomenlawyers.org.

OREGON WOMEN LAWYERS AdvanceSheet 16 SUMMER 2017 Becoming a Happy Lawyer By Jennifer Nicholls

n April 29, following Othe Road to the Bench pre- sentation and Dalia Nagati (left), a member of the lunch in Medford, OWLS Community Service Committee, Janna Wittenberg organized the OWLS Habitat Build presented “A Bib- on April 29, and she and other OWLS liophile’s Guide to members and friends helped build a Becoming a Happy house at NE 64th and Killingsworth in Lawyer.” Portland. Before law school, Janna earned a BA and an MA in psychology, while also taking a heavy science course load. For this presentation, she reviewed psychological studies on happiness, noting that “my interest in this topic is as esoteric as my education.” She explained: “What’s interesting to me is taking the psychological studies on happiness and meshing them with other fields. How does this work look from the perspective of science [or] religion [or] sociology [or] literature [or] the law? To me, if you can look at an issue from var- ious disciplines, the whole picture starts to emerge that you would otherwise only see through a peep-hole.” Janna began the presentation by addressing myths about happiness and kindness. Then she discussed the factors that studies show make a person “happy,” including the traits or feelings that make a person, objectively, feel happier. She then extended this analysis to the prac- tice of law—to evaluate why attorneys are not particularly happy by objective measures, but also how these traits can affect the attorney-client relationship. Janna then explained how this knowl- edge about happiness can be applied to the practice of law. It has obvious impli- cations, for example, in decisions about work-life balance. It can also be used to improve attorney-client communication and support the client’s decision-making process. Janna also applied this analysis to the model rules of professional conduct to show that an interdisciplinary approach to happiness can help an attorney render competent legal services, while also help- ing the attorney be a happier individual. The presentation has been approved for one personal management assistance MCLE credit.

Jennifer Nicholls, a partner at Brophy Schmor in Medford, is on the OWLS board.

OREGON WOMEN LAWYERS AdvanceSheet 17 SUMMER 2017 MBA Introduces Diversity Award to Help Increase Awareness About Equity Issues By Rima Ghandour his year, the Multnomah Bar Aruna is a conscientious mentor of new ness: the Association (MBA) introduced its lawyers, both within and outside her firm. idea that Tnew Diversity Award. The award These, among others, are the reasons that citizens recognizes individual attorneys, legal em- Aruna was recognized for this award. who come ployers, or other legal organizations who The award was initiated by the MBA in contact are working to increase diversity within Equality and Diversity Committee. The with the the MBA and local legal community. screening committee for the award in- justice The most compelling of the many cludes representation from the Oregon system reasons the award was created can be specialty bar organizations. The award is are far summed up by a simple reality. Approx- meant to shine a spotlight on the many more like- imately one-third of the residents of efforts to foster a culture of diversity and ly to ac- Multnomah County are people of color, inclusion. The award is also a continuation cept the but the diversity of the legal profession of the MBA’s efforts, through the commit- outcome in our county does not come close to tee, to identify ways in which the MBA of court reflecting that. As our population grows, can promote diversity in the practice of proceed- Aruna Masih that disparity could also grow. law. These include the LSAT Prep Course ings, re- The MBA endeavors to make Oregon a Scholarship, the Tillicum Gathering, the gardless of what they may be, if they trust more appealing place to practice law for MBA Bar Fellows Program, and the State- the system. Several issues can undermine people of color and other non-dominant ment of Diversity Principles. the advancement of procedural fairness. populations. Increasing awareness of the The MBA Board of Directors consid- One of those is a lack of diversity in the lack of diversity, inclusion, and equity in ered the creation of a new award very bar and bench. our legal community and inspiring the carefully, in part because some feel that The MBA hopes that by joining with community to become involved by ad- the awards and events that already exist the specialty bars in shining a light on dressing the issue is one way to address are creating “award fatigue.” A deciding the importance of equity and inclusion, the difference between our profession factor in the creation of the MBA Diversity and by encouraging a bar that is rep- and the population it serves. Award was the concept of procedural resentative of the population it serves, In May, the MBA awarded the first MBA fairness and the need to inspire confi- we can make progress when it comes to Diversity Award to Aruna Masih. Aruna dence in the judicial system. For many diversity in the legal profession. Our hope has dedicated herself professionally and years, a large part of the MBA focus has is that the new MBA Diversity Award will personally to improving our legal system been on elevating the image of lawyers contribute to that goal. and is a leader within OWLS and the and inspiring faith in our justice system. Rima Ghandour is the secretary of the Oregon Minority Lawyers Association Confidence in a trusted, independent MBA and the president-elect of Queen’s (OMLA). She volunteers her time with court system has been eroded at the Bench, the OWLS chapter in Multnomah these organizations because she believes national, state, and local levels. County. She founded Ghandour Law that the bar and law firms should afford One concept we have been hearing in 2013, and her law practice revolves attorneys of color and women equal op- about increasingly from the circuit court around construction defect and insurance portunities for professional advancement. here in Portland is that of procedural fair- defense. OWLS Mary Leonard Chapter Hosts Night Out for CourtCare By Emily Crocker

n June 1, the OWLS Mary Leonard Chapter (OWLS MLC) held a fundraiser for Marion County CourtCare at Santiam Brew- Oery in Salem. The brewery generously agreed to donate $1 for every beer sold during a five-hour period that day. The chapter raised $600 for Marion County CourtCare, thanks to the support of Santiam Brewery; our sponsor, Surety Solutions; and donations from our wonderful attendees. The fundraiser was a success, and OWLS MLC was happy to partner with some outstanding local businesses. Once open, Marion County CourtCare will provide free childcare for parents and guardians who must attend proceedings at the Marion County Courthouse. Having this high-quality, safe care will allow parents and guardians to focus on the proceedings and will shield children from sensitive, tense, and potentially disturbing content. Left to right: OWLS MLC President Tiffany Hamilton, Emily Crocker is a trial attorney with the Gatti Law Firm in Salem OWLS MLC Immediate Past President Maureen McGee, and a board member of the OWLS Mary Leonard Chapter. and Stacey Janes of event sponsor Surety Solutions

OREGON WOMEN LAWYERS AdvanceSheet 18 SUMMER 2017 OWLS Foundation Welcomes Vernellia R. Randall New Board Members Exam Grant Goes to Thomas Allen he OWLS Foundation’s mission is By J. Nicole DeFever to educate and support women Tand minorities in accessing and participating in the justice system. In May, the Foundation welcomed three new board members. Suleima Garcia is a deputy district at- torney for Multnomah County. She was a 2014 recipient of the OWLS Foundation’s Armonica Law Student Book Grant, and she gave the testimonial for our 2015 special appeal. Kamron Graham is deputy public he Vernellia R. Randall Bar Exam guardian and conservator for Multnomah Grant is available to students in County. She is co-chair of OGALLA—Ore- Ttheir final year of law school who gon’s LGBT bar association—and a trustee OWLS Foundation board members (left are parents of children under the age of of the Oregon Law Foundation, as well to right): Top row: Hon. Janice Wilson, 18, with special consideration for children as a board member of Queen’s Bench, Sarah Freeman (president-elect), under the age of 6 and single custodial the OWLS chapter in Multnomah County. Traci Ray, Deanna Wray (president); parents. This year the grant recipient is Second row: Lori Deveny, Marisa Moneyhun is the owner of the Thomas Allen. Law Office of Marisa Moneyhun, which Hon. Jill Tanner, Iayesha Smith; Third row: Kamron Graham, Diane Rynerson, Thomas has come a long way since he focuses on estate planning, probate, and Christine Meadows, Tammi Caress; was working at a pizza place and found adult protective proceedings. She chairs Bottom row: Trudy Allen (secretary out that he was going to become a dad. the OWLS Leadership Committee. and historian), Nicole DeFever, Suleima That moment inspired him to go to To learn more about the OWLS Garcia, Katerina Kogan (treasurer). Not college and then to law school, because Foundation and its grants, please visit pictured: Jodee Jackson, Kristie Gibson, he wanted to give his son more than he owlsfoundation.org. Marisa Moneyhun. had had as a child. But the thing that resonates most about Thomas is his clear perspective: “I am a parent before I am a law student,” he says. Because his father was absent during The Oregon Women Lawyers Foundation, his childhood and spent Thomas’s ado- the 501(c)(3) sister organization to OWLS, lescent years in prison, Thomas lacked a is proud to focus on educating and relationship with a father figure. “It is supporting women and minorities in order this experience that has molded me into the father I am and am still becoming,” Thank You to further their access to and participation explains Thomas. He feels that while for Supporting in the justice system. being a single parent during law school is difficult, it also helped him stay focused the We fund the Armonica Law Student on the bigger picture. Book Grant, the Vernellia R. Randall Bar Thomas was an extern for Judge OREGON Exam Grant, the Justice Betty Roberts Michael McShane and before that was Leadership Conference Grant, and the a law clerk at the Oregon Department WOMEN of Justice. He plans to sit for the July Janis Hardman Medical Support Grant. LAWYERS bar exam. To learn more about the Foundation, On May 20, Carter watched his father FOUNDATION graduate from University of Oregon our grants, or to donate, please visit School of Law. That is exactly the kind owlsfoundation.org. of connection and memory that Thomas wants to provide for his son. And it is exactly that kind of positive role mod- el—male or female—that makes all the difference in the world. We wish Thomas the best of luck on the bar exam and hope to see him at future OWLS events. J. Nicole DeFever is an assistant attorney general at the Oregon Department of Justice.

OREGON WOMEN LAWYERS AdvanceSheet 19 SUMMER 2017 Mary Jane Spurlin: Oregon’s First Woman Judge By Trudy Allen

aw Deemed Not Too Weighty in the community, participating in at to Be Successfully Handled by least 38 professional, civic, political, or “LWomen”1—how’s that for a charitable organizations and committees, newspaper headline? Obviously, these and in many cases she served in significant days, we’d consider it condescending and leadership roles. “She [was] responsible even insulting. But times have changed, for much social legislation to better the and when it appeared in the Oregonian conditions in the home, where there [was] on April 26, 1926, it was intended in a lack of finances, and to better the general positive way, attributed to Oregon’s first conditions of women and children.”3 woman judge, Mary Jane Spurlin, as an She was profoundly interested in adult assertion of a woman’s ability to handle education, especially for women, and she service on the bench. Having been sworn- was a frequent speaker for numerous in a few weeks earlier on April 1, 1926, organizations. she declared that she liked the work. Early Life, Business Career, The article states that she had already received “high commendation upon the and Law School judgments she has given.” Mary Jane Spurlin was born January 16, Judge Spurlin had been appointed by 1883, near a village in the foothills of the Gov. Walter M. Pierce to fill a vacancy on Blue Ridge Mountains of Virginia. The the Multnomah County District Court for nearest place to register her birth was a term that was due to expire at the end Sparta, North Carolina. She was the third in a family of nine children and grew up Mary Jane Spurlin, 1927 of that year. So, within months of attain- Oregon Historical Society, #cn 13057 ing the bench, she had to run for elec- in rural Virginia, much of the time on a tion. The Oregon Voter recommended farm. At age 18 she was a school teacher women’s societies. In acknowledging the voting for her, stating that she was held in a country school for a year. Then her honor paid to her, Judge Spurlin stated: in “astonishingly high regard . . . among family moved to Canada, and she went “I am deeply touched . . . . However, I am the legal profession.”2 Nevertheless, she with them. not unmindful of the fact that behind it lost the election, so she left the bench on She attended Strathcona University all lies a much greater significance—it is December 31, 1926, having served for in Edmonton, Alberta, later taking a a recognition of woman’s participation in business college course. For several years 5 only nine months. It was a blip on the public affairs; it is a beginning.” she was a stenographer and clerk in law radar screen of women’s hopes of having Manche Langley, president of the and insurance offices. In 1913 or 1914, female representation on the bench in Women Lawyers Association of Oregon, she and her family moved to Portland, Oregon. We did not have another woman also spoke: “We don’t have to say Judge Oregon. Despite discouragement from judge until 1961, when Jean Lewis was Spurlin was appointed because she was her family, she decided to pursue a legal appointed to the Multnomah County a woman; she was appointed in spite of education. She attended Northwestern Circuit Court. By then, Spurlin’s judicial the fact she was a woman because she College of Law (now Lewis & Clark Law career had almost been forgotten. was competent. There is no reason for School) while operating a successful In addition to being a pioneer by serv- taking the attitude that there is sex in public stenographic office, thus paying ing as the first woman judge and being brains; woman has admitted her own her way through law school. 6 so well regarded in that role, Mary Jane incompetency too long.” Spurlin was a remarkable woman in many Early Legal Career In Judge Spurlin’s first case, a second ways. Never married, she focused on her and Judicial Service woman attorney was also in the court- room: Violet A. C. Ahlf represented the legal career and her seemingly ubiquitous Upon receiving notice in September defendant in the automobile damage civic and community work. She was a true 1925 that she was admitted to practice case. As a district court judge, Spurlin “career woman” when that was not a law in Oregon, Spurlin entered private presided over misdemeanor criminal common path. practice. Only five months later, Dem- Her career path was atypical both ocratic Governor Walter M. Pierce an- cases, traffic offenses, small claims, and before and after her judicial service. She nounced his appointment of Spurlin to civil cases in which the amount at issue didn’t embark on a legal career until well the Multnomah County District Court, to was not more than $300. This was during into adulthood. She was 41 when she replace Judge Richard Deich. the Prohibition era, so many of her cases graduated from law school in 1924. It She was sworn in on April 1, 1926, dealt with liquor-law violations. She was only a few months after she passed amid much celebration. The crowd in the handled all these cases with tact and wis- the bar in 1925 that she was appointed flower-bedecked courtroom included a dom, earning the practically unanimous to the bench. She was 43 by the time she delegation from the Business and Profes- commendation of the Portland bar for 7 was sworn-in. sional Women’s club, of which she was a efficiency as a district judge. At age 44, Judge Spurlin was back in member. That evening the club honored When Judge Spurlin’s seat was up for the private practice of law. She worked her with a banquet in the Crystal Room at election in November 1926, the candi- as a lawyer for at least 35 more years. the Benson Hotel, “an elaborate affair”4 dates’ political parties were noted on the For nearly 40 years, she was very active attended by representatives of many Continued on page 21

OREGON WOMEN LAWYERS AdvanceSheet 20 SUMMER 2017 Mary Jane Spurlin: Oregon’s First Woman Judge continued from page 20 ballot. Spurlin was a dyed-in-the-wool District Attorney Lotus L. Langley to Community Service Democrat; her opponent, Fred L. Olson, serve as a deputy district attorney. She Spurlin served in many distinguished was a Republican. The October 23, 1926, handled women’s and children’s cases, leadership roles in the community. For Oregon Voter magazine stated: “The including morals violation charges against example, in 1925 she was appointed Voter believes that the advice of the girls under 18 years of age, and she gave by the governor to the Child Welfare republican county central committee to advice on cases regarding non-support of Commission of Oregon; she chaired the vote the republican ticket straight, should wives and families. She interviewed 15 to Portland Housing and Planning Asso- be disregarded . . . due to the preponder- 25 people per day. She counseled many ciation in 1929; and in 1927–1928 she ance of responsible opinion to the effect women and girls with no place to turn. served as president of the Portland City that Miss Spurlin . . . is better qualified “Yes, it is hard, emotionally exhausting Federation of Women’s Organizations, [and] the astonishingly high regard in work,” she said. “But there is the vital de- composed of 93 organizations. She served which Miss Spurlin is held quite generally sire to help the poor women and girls who for many years (1927 to at least 1948) on among the legal profession and by those come to me hopelessly tangled in some the federation’s board and on the board business men who know of her business mess or down and out, that compensates. of trustees for its building association career before she was appointed.”8 . . . Broken homes due to financial up- (1945–1956). From 1928 to at least 1933, Despite such urging, she lost the elec- heavals have thrown thousands of young she served on the board of the Public tion, with 30,000 votes (44.5%) to Olson’s people adrift . . . . It is our responsibility to Welfare Bureau, and was its recording 37,000 (55.5%). All but one of the county guide these young people into construc- secretary for most of those years. seats in the election went to Republicans, tive channels . . . . That’s our job as I see For over 25 years (1926–1952), Spurlin so it is quite possible that her party af- it.”10 Thus, we see how her constructive was very active (serving in several officer filiation played a significant role in her “healthy sympathy” and compassion for and committee-chair positions) in the loss. She was mentioned as a possibility people in the justice system were among Oregon chapter of the Soroptimists, for another judicial appointment in 1928, her outstanding strengths. an organization of business women but was not chosen by the governor at After a new district attorney was whose mission is to improve the lives of the time, a Republican. elected in November 1934, Spurlin’s women and girls in local communities Reflecting on her judicial career in an term ended, and she went to work in and throughout the world. From 1920 article that appeared in Sunset Magazine early 1935 for the Multnomah County to at least 1929, she was a member and in January 1928, Spurlin stated: “Pioneer- Children’s Bureau. In July 1935, she was sometimes an officer or committee chair ing has its hardships as well as its rewards. appointed director of women’s work for of the Business and Professional Women’s . . . Seen in retrospect, the experience the state organization implementing club. In 1930 she was a board member has been broadening. Not necessarily, Oregon’s portion of the Works Progress of the Portland chapter of Sorosis, the though, does such experience harden Administration (WPA), the far-reaching first professional women’s club in the one toward life or toward transgressions. federal relief program that was being United States. It gives insight into underlying causes, established around the country. For at least 25 years (1926 through at and that in itself should create a greater Spurlin resigned from the WPA in 1937 least 1950), she was a board member and understanding, a deeper sympathy—a and went back into private practice. She served in several officer and committee healthy sympathy which can be made a handled a variety of matters, including positions for the Women’s Convalescent constructive force differing from one that probate, zoning, and criminal law. It Home in Portland, which maintained is purely sentimental.” Spurlin continued: appears that she was a sole practitioner a hospital for needy women and girls “My appointment was an opening wedge most of the time, but for an unknown requiring convalescent care after hos- only. Surely we shall see more women as period she had a woman partner, Emilie pitalization. She participated in many judges in the state of Oregon. My own Eisenhauer (who had been admitted to other civic, charitable, and political or- policy was to meet each situation as it practice in 1934). In 1961 she was still ganizations as well. arose, with an open mind.” The article’s practicing law, although she was then In 1933, Spurlin was one of 19 women author observed that the “judgeship in her late 70s, and, ironically, she was listed in an article in the Oregonian that meant more to Miss Spurlin than ap- sharing an office with Jean Lewis, right urged recognition of their “contributions peared on the surface” and that Spurlin before Lewis assumed the bench as Or- to society [that] must not be forgotten.” “brought to the bench . . . a trained mind egon’s second woman judge. The article states that the women are without bias, an unyielding determina- Spurlin served as a volunteer in several doing the “most for the welfare of the tion to work, and an instinctive feeling law-related professional organizations, public, for strengthening the moral, men- for honesty.” The article says, “She has including the Multnomah County Bar tal, social, cultural, artistic and spiritual exceptionally keen perception in the (she was its second vice president in progress of the community.”11 matter of lying,” quoting an offender’s 1935); the Oregon State Bar’s committee Keenly interested in educating women statement that “no lie will ever get by!”9 on notaries; Phi Delta Delta, the interna- regarding their civic duties, she conduct- tional women’s legal fraternity (she was Legal Career ed classes through the League of Women its national treasurer from 1925 to 1928); Voters and served on its speakers’ bureau After Judicial Service and the Woman Lawyers Association of as well as the speakers’ bureaus of the From 1927 through 1930, Spurlin Oregon and its successor, Queen’s Bench Portland Community Chest (the forerun- worked as a sole practitioner in the of Oregon. In 1934, she was president of ner of United Way; she was the bureau’s private practice of law. In late 1930 she the Northwestern College of Law Alumni was appointed by Multnomah County Association. Continued on page 22

OREGON WOMEN LAWYERS AdvanceSheet 21 SUMMER 2017 Meet OWLS Board Member Jacqueline Alarcón By Bridget Budbill

hen the opportunity arose for An example of OWLS’ self-critique legal prac- Jacqueline Alarcón, an associ- concerns the event that first introduced tice, allowing Wate with Portland-based Yates Jacqueline to OWLS—the Roberts & Deiz her to adapt Family Law, to join the OWLS Board of Awards Dinner. Intentionally or not, she and relate Directors, she, in her own words, “didn’t said, the Justice Betty Roberts Award to client-spe- hesitate.” (named for the first woman to serve on cific circum- Jacqueline’s roots in OWLS began the Oregon Court of Appeals and the stances. While when she attended the annual Roberts Oregon Supreme Court, Justice Betty these situa- & Deiz Awards Dinner during her second Roberts, a white woman) tends to be tions can be year of law school with her mentor, the given to a white person, while the Judge difficult, Jac- Honorable Darlene Ortega of the Ore- Mercedes Deiz Award (named for Judge queline ac- gon Court of Appeals. After graduation Mercedes Deiz, the first African American knowledged, Jacqueline Alarcón from Willamette University College of woman admitted to the Oregon bar and she appreci- Law, Jacqueline immersed herself in to serve on the Oregon bench) tends to ates that her role allows her to witness Clackamas Women Lawyers, an OWLS be given to a person of color. Of the 25 the “transformation” of her clients and to chapter, working her way up to chapter people who have received the Justice assist them in “healing and then getting president in 2016. Betty Roberts Award, all are white. Of to a place of power.” Now on the OWLS board, Jacqueline the 25 people who have received the Outside the legal realm, Jacqueline is a aims to help steer OWLS toward a re- Judge Mercedes Deiz Award, 60% are self-described “secret introvert” and an newed focus on its mission of furthering people of color. avid reader, as well as keenly dedicated opportunities for minorities and members “They were both pioneering women to her cat and dog. Jacqueline and her of non-dominate cultures in the Oregon lawyers, so for those trends to exist in- husband enjoy seeking out culinary legal community. dicates that we have some implicit bias adventures by way of new and unique “While OWLS has done an exceptional to address,” said Jacqueline. “That OWLS restaurants. Jacqueline also serves as job of furthering women professionally, is actively acknowledging this issue is a vice president of the board of Adelante socially, and economically, our mission huge step in the right direction.” Mujeres, a Forest Grove–based organiza- includes women and minorities, and the Jacqueline explained that her dedica- tion that seeks to empower Latina women latter have taken a backseat. Right now, tion to addressing equity issues as part and their families through education- and the OWLS board is having substantive of her OWLS leadership is “not just a enterprise-oriented programs. discussions about bringing minorities matter of interest” but is an inextrica- As she continues to tackle new endeav- to the forefront of our mission,” said ble part of her “reality” as a person of ors as an OWLS board member, Jacqueline Jacqueline. color. Growing up in El Salvador, being a encourages members of the Oregon legal Advancing minorities includes actively first-generation American, and having life community to share their perspectives, considering implicit and structural bias- experiences different from those of other critiques, and questions with her and es, seeking out education on bias and board members “are aspects of myself I others on the OWLS board. micro-aggressions, and developing strong believe are among the most important” partnerships with other specialty bar or- in contributing to OWLS, she said. Bridget Budbill is a natural resources at- ganizations that “promote non-dominate These same experiences have also torney in the Office of General Counsel cultures,” Jacqueline explained. strengthened Jacqueline’s family-law of the Bonneville Power Administration.

Mary Jane Spurlin: Oregon’s First Woman Judge continued from page 21 chair in 1931–1932) and the Presidents’ Trudy Allen serves on the Oregon Women The Morning Oregonian, April 2, 1926. Club of Portland. Judges project and has been the historian 5. Daily Capital Journal (Salem, Oregon), Spurlin lived on a three-acre property of the Oregon Women Lawyers Founda- April 3, 1926. in Washington County, where she raised tion since 1999. From 1993 to 1998, she 6. “Miss Mary Spurlin Sworn In on Bench,” sheep to keep the blackberry vines from was the OWLS historian. The Morning Oregonian, April 2, 1926. overtaking her front yard. According to Endnotes 7. “A Lady on the Bench,” Sunset Magazine, an interview she gave the Oregonian in 1. “Work of Judge Liked: Miss Spurlin, Jurist, January 1928, page 48. April 1961, her sympathy for animals was Fond of Court Position. Law Deemed Not surpassed only by her love for children. Too Weighty to Be Successfully Handled 8. Oregon Voter, October 23, 1926, page 14. She had retired from law practice by by Women,” The Morning Oregonian, 9. “A Lady on the Bench,” Sunset Magazine, the time she died in a nursing home in April 26, 1926. January 1928, page 48. Portland, on June 4, 1970, at age 87. She 2. Oregon Voter, October 23, 1926, page 14. 10. “Woman Deputy Dulls Edge of Care was repeatedly described as a charming for Women, Girls,” The Sunday Oregonian, woman of grace, poise, and dignity, a 3. “Woman Deputy Dulls Edge of Care for Nov. 11, 1934. fitting tribute to Oregon’s first woman Women, Girls,” The Sunday Oregonian, judge. November 11, 1934. 11. “Mrs. Warner Wins High Recognition,” 4. “Miss Mary Spurlin Sworn In on Bench,” The Morning Oregonian, July 3, 1933.

OREGON WOMEN LAWYERS AdvanceSheet 22 SUMMER 2017 My Own Words By Ruth Bader Ginsburg with Mary Hartnett and Wendy W. Williams (Simon & Schuster, 2016, 334 pages) Book Review by Gloria Trainor t’s difficult not to love Justice Ruth I liken My Own Words to a sampler plat- Bader Ginsburg. The second woman ter of the life and times of RBG. The book Iappointed to the United States Su- is organized into five parts: Early Years preme Court seems to have it all: grace, and Lighter Side; Tributes to Waypavers wit, smarts, grit, tenacity—the list of and Pathmarkers; On Gender Equality: positives goes on and on. Likewise, there Women and the Law; A Judge Becomes is no shortage of published material a Justice; and The Justice on Judging and about her life and career: My Own Words, Justice. While I enjoyed the book overall, The Notorious RBG, Sisters in Law, and the subject matter varied widely from The Legacy of Ruth Bader Ginsburg, to part to part and sometimes even from name just a few. And of course there is chapter to chapter, which ultimately the opera, Scalia/Ginsburg, a story of the felt disjointed to me. The subject matter close yet unlikely friendship between RBG ranged from a tedious reading of parts and the late Justice Antonin Scalia. Add of the Scalia/Ginsburg script to narratives to that the numerous articles lauding her about RBG’s childhood, family, her loving decisions, demeanor, and style, and even husband (Martin Ginsburg), and their a blog dedicated to following her life, two children to excerpts of RBG’s many and there is no doubt that RBG is iconic educational speeches about landmark and well loved. Supreme Court decisions, dissents, and President Bill Clinton nominated Ruth political process. Bader Ginsburg in June 1993, and she Despite struggling with the fragment- took the oath of office as an associate ed feel of the book’s topical organization, justice of the U.S. Supreme Court on Au- I recommend the read for its many inter- gust 10, 1993. For the prior 13 years, she Many remark about RBG’s small stature, esting tidbits, little-known facts about had served as a judge on the U. S. Court but she commands ample space on the RBG, and quips and insights from the of Appeals for the District of Columbia Court. RBG is known as the justice most iconic justice herself. Circuit. Before that, she was a law pro- likely to dissent, an act about which she “May I tell you, good readers, how this fessor and a litigator. is not shy, and only one of the many book came to be,” RBG says in the pref- RBG’s life and career, at every stage, ways she has worked so thoroughly and ace. “[Co-authors] Wendy Williams and was built on the understanding that only painstakingly toward gender equality. Mary Hartnett visited me in chambers. with gender equality and equity for all RBG has broken decades-long records for They had a proposal: ‘People will write minorities could the United States truly the number of dissents by one justice in about you, like it or not. We suggest prosper. She was largely responsible for one term on the Court, and she often uses that you name as your official biogra- the launch of the American Civil Liberties public-speaking opportunities to help her phers authors you trust. The two of us Union’s Women’s Rights Project in 1972, audiences understand the important role volunteer for that assignment.’” And so and she successfully litigated a long of dissenting opinions. Her oral dissents, the story begins. list of cases that, in large part, allowed delivered from the bench, have inspired courts around the country to repeatedly national attention and review, as they Gloria Trainor practices at Trainor Law, a conclude that gender discrimination is are eloquently and articulately delivered law firm in Portland focused on serving unacceptable under the United States with illustrative analogies and usually the LGBTQ community in domestic rela- Constitution. with humor. tions cases and civil litigation.

The Oregon Women Judges Project ary Jane Spurlin was the first of 139 women To make this valuable resource come to fruition, OWJ who have served as judges in Oregon. The is seeking funding. You can assist by sending a donation MOregon Women Judges project (OWJ), which to the U.S. District Court of Oregon Historical Society, a is co-sponsored by OWLS and the U.S. District Court of 501(c)(3) organization. Its website is usdchs.org. Please Oregon Historical Society, has been compiling information mail your check (payable to the U.S. District Court Histor- about all the women who have become judges in Oregon ical Society) with a note designating it for the “Oregon and is preparing to develop a website that will make the Women Judges Website Project,” to: U.S. District Court pertinent information accessible to the public. The web- of Oregon Historical Society, 740 U.S. Courthouse, 1000 site will include profiles of Mary Jane Spurlin and others. SW Third Ave., Portland, OR 97204-2902. If you have questions, please contact Kathryn Roberts at [email protected].

OREGON WOMEN LAWYERS AdvanceSheet 23 SUMMER 2017 OWLS and OAAP Co-sponsor Annual Women’s Retreat By Teresa Statler Kristin LaMont Lawyer and Flower Farmer everal years ago, Kristin LaMont and her husband moved to 26 Sacres outside Salem. Although she had gardened some as a hobby, they had no set plan for what they would do with their land. Kristin practices family law full time, and although she finds her practice satisfying, she was always looking for ways to alleviate stress and From left: Eve Bernfeld, Alice Peters Diffely, Kristin LaMont take care of herself. In October 2014, Kristin treated herself WLS and the Oregon Attorney Banafsheh Violet Nazari presented “Safe to a workshop from Erin Benzakein, an Assistance Program (OAAP) Spaces: An Intersectional Analysis.” Violet internationally known flower farmer and Oco-sponsored the tenth annual told attendees not to limit themselves, blogger, at Floret Farm in Mount Vernon, Women’s Wellness Retreat for Lawyers and that they can and should have an Washington. At the workshop, Kristin said on Friday and Saturday, April 7 and 8, at “intersectional perspective”—seeing she found “fifteen happy women from the Oregon Garden Resort in Silverton. things from many angles. She encouraged around the world.” After attending the Forty-eight women participated in the attendees to see themselves as warriors: workshop, Kristin began to think seriously two-day event, which covered mind- attorneys, family members, community about flower farming herself. body unity techniques, yoga sessions, members, caretakers, justice seekers, Chi Walking and mindful movement, and change makers. Being multifaceted Slowly, but surely, she and her husband and discussions on “safe spaces” and allows one to reject the “check-box” and improved the soil on their land and professionalism and self-care. be holistic, which is different from our invested in infrastructure (a tractor, for After registration, a healthy lunch component identities. Attendees then example), so that in 2016, they “grew buffet, and an introductory activity so discussed among themselves intersec- for real.” In 2017, they doubled their attendees could get to know each oth- tionality and norms and also implicit bias. growing area to three acres, and now er, Eve Bernfeld, a certified Alexander Alice Peters Diffely, a certified Chi Run- they sell their flowers to designers, flower Technique teacher, presented a short ning and Chi Walking master instructor, workshops, and local restaurants, and training on the Alexander Technique, a then gave attendees ideas and exercises Kristin also does some wedding work. way of learning about self-development for improving our body awareness, Kristin and her husband grow flowers (as and self-care so we can better take care concentration, postural alignment, and Witte Farm) from February to late fall; a of ourselves. This personal care begins patterns of movement, so as to enhance “hoop house” allows them to extend the with realizing that we have every waking efficiency and reduce injury. growing season. They grow a wide variety moment available in which to remember During the lunch hour, attendees could of flowers, including ranunculus, specialty ourselves, and that doing so takes no tour the Oregon Garden or partake in extra time or extra money. flower arranging, facilitated by Kristin tulips, anemones, stock, snapdragons, Eve told attendees that the three LaMont, a lawyer and flower farmer. sweet peas, foxglove, hellebores, lisian- steps to reconnect with ourselves are to Virginia Terhaar, PhD, presented the final thus, dahlias, climbing fragrant roses, pause, let out a breath, and then lighten session on professionalism and self-care clematis, and honeysuckle. She laughingly up. This simple technique is often hard and the importance of keeping the two says that her husband is “labor” and she to implement. Taking the time to pause in sync. Virginia encouraged attendees is “management.” also allows us the possibility of making to separate thinking and feeling. She Kristin says that lawyering exposes us a different choice. encouraged us to improve our listening to conflict and risk assessment, creating That session was followed by free time skills by making eye contact, centering a “negative space,” and flower farming and then dinner, at which attendees dis- ourselves on what the person speaking provides her with an antidote. She works cussed among themselves their favorite to us has to say, and truly listening. the same number of hours at her law self-care activities, the types of exercise The retreat was organized by Shari practice as she did before her flower farm that energize them the most, and how Gregory and Jeanne Ulrich of the OAAP. took off, but she finds flower farming they replenish themselves at the end of We thank them for their hard work in a long day. Friday was capped off by a helping attendees improve their mind- “restorative.” She now pays attention relaxation yoga session, led by Michelle body connection for relaxing at home to things like the weather and what Ryan. and at work. is leafing out, rather than focusing so After a good night’s sleep and a Teresa Statler has a solo immigration law much on her and her clients’ stress. You start-the-day yoga session, attendees practice in Portland. She is the chair of can follow Kristin at www.instagram. were back at it on Saturday morning. the AdvanceSheet Committee. com/wittefarm/.

OREGON WOMEN LAWYERS AdvanceSheet 24 SUMMER 2017