summer 2018

Inside Focus on Service Constitution Day: Rise of the Next Generation Youth Law Days Stability in the Midst of Change and more... In this issue President’s Message...... 3 On Leadership and Those Who Lead Chief’s Corner...... 4 Focused on Service Constitution Day...... 5 Rise of the Next Generation Youth Law Day & The Intellectual Property Youth Law Day...... 6 The 2018 Annual FBA-WDWA District Meeting & CLE...... 8 Civil Liberties and Upholding the Rule of Law The Honorable Marsha J. Pechman...... 9 A Lifelong Adventurer and Leader The Honorable Robert S. Lasnik...... 11 Justice Shaped by Experience The Honorable James L. Robart...... 12 In Service of the Western District of Washington, the Northwest, & Beyond The Honorable Paul B. Snyder...... 14 From the Bench to the Sea, A Life of Service and Adventure The Honorable Karen L. Strombom...... 15 Doing the Right Thing The Honorable Dean Brett...... 17 Retired Magistrate Judge Dean Brett says, “Call me Dean” Joanna Plichta Boisen...... 19 Recognition for Extraordinary Pro Bono Service Stability in the Midst of Change...... 20

On the Cover: The Federal Bar Association Newsletter is a publication of the Federal Bar Association of the Western District of Washington. Comments and proposed Chief Judge Richard S. Martinez with articles should be addressed to: Judge James L. Robart, addressing the Federal Bar Association of the Western District of Washington. Christopher Emch Adrienne McKelvey Foster Pepper PLLC Polsinelli 1111 Third Avenue, Suite 3000 1000 Second Ave., Suite 3500 Seattle, WA 98101 Seattle, WA 98104 206.447.8904 206.393.5414 [email protected] [email protected] President’s Message By Cynthia Jones On Leadership and Those Who Lead “A commitment to integrity and a higher loyalty to the truth are what separate the ethical leader from those who just happen to occupy leadership roles.” – James Comey As the President of this organization, must drive the conversation forward I’ve been thinking a lot about and challenge ourselves and leaders to leadership lately. What makes a good do better. As lawyers, we are the ones leader? Who are the best among us who who will be looked upon by others lead? Who are our role models? outside the legal community to carry I recently read James Comey’s book on forward such conversations, to take the leadership. And found a few worthy mantle of leadership. take-aways: As you read the words of the judges - Doubt is wisdom: Leaders who and about the judges on these pages, never think they are wrong, who I hope you discover, as I have, how never question their judgments or very fortunate we are to have right perspectives are a danger to those they here in the Western District of on as a robust organization despite the lead. Washington those who are willing to serve as examples of how to drive that person who occupies the leadership - Remember your values: Whether conversation about ethical leadership role, no matter who is President. This your values stem from a religious forward for the rest of us, and with the is true because of the many committee tradition, a moral world view or an rest of us. chairs that serve in the trenches, application of history, choose yours, who do most of the work for this Let us not forget what we learned trust that and let it be your guide when association, who dream up, who plan, when we crossed the threshold from the way is uncertain. and who execute its many programs. law student to law graduate: we A list of those programs and CLEs are - Trust is paramount: Create trust immersed ourselves in the rule of law, also printed in this issue as a tribute to and reduce fear wherever you can, and the cornerstone of our democracy. I those who make them all possible. It is foster the comfort of speaking truth to sincerely hope that you take a moment a valuable reminder about the role of a others, and listen to those who disagree to read and reflect on the lives of those leader. To guide the ship, to take care with you, be willing to look deeper. judges who now arrive at the other of the institution, and to get out of the end of the spectrum, with law school In this newsletter, you will find way and allow those who have done this graduation long in the rearview mirror, words of and about the leaders in our work to carry on. Presidents come and a life fully lived, another chapter to legal community. Whether you read go. But the people who work the day-to- begin. Let us learn by their example. the words of Chief Judge Ricardo day committees are the heart and soul Martinez, extolling the hard work of Finally, let me say a few words about of this great organization. To those fine our senior judges, or whether you read the inner workings of our board. It lawyers, who do this work voluntarily the profiles about the most recent is important to point out that all the while meeting the demands of a busy judges to claim senior status, you will others that have come before me and law practice, let me say, thank you. You discover in all these people a common held the position I now occupy as are the lifeblood of our Federal Bar thread of leadership. All came to the President have laid the ground work Association of the Western District of bench in different ways, with varying for a stable, respected and important Washington. backgrounds. Yet all are respected and association that fosters good will revered for their life in public service on and relations between not only the the bench, for truth-telling, for leading. bench and bar, but between our legal To borrow again from James Comey: community and the community at No perfect leader is available to offer large. Because of their good works, Cynthia Jones is the President of the the lessons of how to practice ethical this organization is one that operates Federal Bar Association of the Western leadership, rather it is all of us who seamlessly. It literally could continue District of Washington.

Summer 2018 3 Chief’s Corner By Chief Judge Ricardo S. Martinez Focused on Service Dear Bar Members: federal courts while usually hearing a reduced number of cases. We should Late spring and early summer are take note that Senior Judges are eligible traditionally a busy time for the Court. for retirement with full pay but they However, this year is shaping up to be continue to work—most in a part time one of the busiest in memory. As anyone capacity, but many full time—without practicing in this District knows by now, additional compensation. According to it has been well more than two years statistics gathered by the Administrative since the Western District of Washington Office of U.S. Courts, Senior Judges has operated with a full bench. Our typically handle about 15 percent of the Court currently has three active District federal courts’ workload annually. In our Judge vacancies out of seven total active District however, our Senior Judges are judgeships. Two of those judgeships currently handling approximately 44 have been vacant for 28 months, and the percent of our current workload. third judgeship has been vacant for 24 months. It remains unknown when our What does this mean for the months three judgeships will be filled. ahead in this District? It is our hope that we will soon have well-qualified nominees that are considered and Chief Judge Ricardo S. Martinez “Our Court has remained appointed to fill our vacancies. With focused on providing the same those positions filled, our Senior Judges public service. District judges make a will be able to scale back their caseloads. difference every day, and leave a lasting level of service it has always If this does not occur in the near future, legacy, by making our society more provided, with timely decisions litigants may see trials being scheduled fair and just. That sense of civic duty 18-24 months from the date of filing, is evident in the many ways that our and hearings.” unlike our current 12-16 month trial district judges give voluntary service, in calendars. addition to their usual responsibilities, to the courts and their country.” Despite this, our Court has remained The work of the federal courts touches focused on providing the same level upon many of the most significant issues I am privileged and honored as Chief of service it has always provided, with affecting the American people, and Judge to thank our Senior Judges, all of timely decisions and hearings. Although federal judges exercise wide authority the active Judges, court staff and judicial we are currently rated as the 25th busiest and discretion in the cases over which personnel for their continued excellence Court out of 94 Districts, and we are they preside. The job is not an easy one. and dedication to the Western District of one of eight Districts considered by the It’s taxing in many ways, even for the Washington. Administrative Office of the Federal best and brightest among us. As Chief Courts to be in “judicial emergency”, Justice John Roberts wrote in a recent we were recently rated as the 5th most State of the Judiciary address: “You Ricardo S. Martinez is the Chief Judge of efficient Court in the judiciary. might be asking why any lawyer would the United States District Court for the want a job that requires long hours, Western District of Washington. How have we been able to achieve this? exacting skill, and intense devotion – It is only with the help of our Senior while promising high stress, solitary Judges, who continue to provide a confinement, and guaranteed criticism. valuable service to our District by taking There are many easier ways to earn a substantial caseloads. Since 2012, our living. The answer lies in the rewards of Court has seen between 3800 and 4500 new cases filed each year. Without our Senior Judges retaining their caseloads, “District judges make a these cases would languish. To our Senior Judges, I, and the other three remaining difference every day, and active Judges in Seattle and Tacoma, offer enormous thanks. leave a lasting legacy, by As most of you know, Senior Judges making our society more fair are Article III judges who, having met eligibility through age and service and just.” requirements, continue to serve on

4 FBA - WDWA News Constitution Day Rise of the Next Generation By Kymberly Evanson

The Federal Bar Association of the Western District of Washington’s “Constitution Day” is a long-running two-part program for area fifth grade students to familiarize them with basic constitutional principles and the workings of the United States District Court. Judge Mary Alice Theiler leads the effort on behalf of the Court, and Roger Townsend has managed the program on behalf of the FBA-WDWA for several years. This year, I had the privilege of being appointed to chair the newly-formed Constitution Day committee of the FBA-WDWA Board. Although the Constitution Day federal holiday takes place in September, to commemorate when delegates to the Constitutional Convention signed the United States Constitution in Philadelphia in 1787, the FBA-WDWA’s Constitution Day program is held at various points throughout the year. The program involves a classroom visit from Judge Theiler and an FBA- WDWA attorney to talk about basic constitutional principles including separation of powers, the role of the Court, and the burden of proof in a criminal case. After the classroom Theiler. During the mock trial, the excitement about the event. visit, the students then spend a students play all the roles, including In June, students from Orca half day visiting the Court. They witnesses, attorneys, jurors and a K-8 School in south Seattle will are given a tour of the building and judge. chambers, listen to a presentation participate. Special thanks to Judge from the U.S. Marshal Service, In April 2018, students from Theiler, the U.S. Marshals and court and engage in a mock criminal Emerald Heights Academy in staff for making this event so special trial under the direction of Judge Bellevue took part in the program. for area students. The students were very enthusiastic participants, and especially enjoyed Kymberly Evanson is a partner at their tour of the cell block from Pacifica Law Group LLP. the Marshals and their work in the mock trial. At the end of the trial, they had the opportunity to answer questions from Judge Theiler about what they had learned. Parent chaperones and students alike voiced their appreciation and

During the mock trial, the students play all the roles, including witnesses, attorneys, jurors and a judge.

Summer 2018 5 Youth Law Day 50 Students Enthusiastically Participate By Robert Flennaugh II and S. Kate Vaughan In Seventh Annual Event Seven years ago, the FBA-WDWA Criminal Law Committee and the College Success Foundation joined forces to start Youth Law Day at the Federal Courthouse in Seattle.

The College Success Foundation works in King and Pierce County school districts to provide students with support to finish high school and to apply to and graduate from college. Of the high school participants, 71% of the students are low-income, 71% are students of color, and 76% are first-generation college students. Youth Law Day is part of the program that provides students with insight into public interest law, court and law enforcement job opportunities, and the role of the justice system in civil society. Since the inception of Youth Law Day, the program has served over 300 students. On March 23, 2018, 50 high school agencies and services, including the FBI, DEA, Secret Service, Fish students from the Auburn and “Youth Law Day is part of Highline School Districts spent the and Wildlife, U.S. Probation Office, day at the courthouse. The morning and the ATF, who brought a bomb the program that provides session included presentations from disposal robot and bomb disposal students with insight into Judge Jones, Judge Coughenour, gear. The U.S. Postal Inspectors did Criminal Chief Tessa Gorman, a K9 demonstration of a package public interest law, court Federal Public Defender Mike interdiction operation. In the and law enforcement job afternoon, the students participated Filipovic, Defense Investigator Stacey opportunities, and the role Brownstein, Court Interpreter Claudia as attorneys and jurors in a mock trial with Judge Jones presiding. of the justice system in civil Both members of the United States Attorney’s Office and Federal society. Since the inception Defenders served as coaches. of Youth Law Day, the The students were enthusiastic and program has served over fully engaged throughout, and post- 300 students.” event feedback from the students was very positive. In the future, because of high student demand, the event A’Zar, and Court Reporter Nancy organizers are considering adding a Bauer. Additionally, the U.S. Marshals second Youth Law Day each year. spoke about career opportunities and demonstrated their gear including a Taser. At lunch, law enforcement Robert Flennaugh II and S. Kate officers gave presentations about Vaughan are Co-Chairs of the FBA- career opportunities at several WDWA Criminal Law Committee.

6 FBA - WDWA News The Inaugural Intellectual Property Youth Law Day From Starbucks to 2 Live Crew By Brian C. Park and Theodore J. Angelis

Student participants in the inaugural Intellectual Property Youth Law Day The FBA-WDWA IP Committee held its inaugural Youth IP Law Day program in partnership with the College Success Foundation (CSF) on March 2, 2018 at the offices of K&L Gates. Planned by the IP Committee co-chairs (and volume) next to iconic inventions Success Foundation students explore (Brian Park and Theo Angelis), Keith and brands? new pathways they have never been Stier-Van Essen (CSF), and Vanessa exposed to before! We truly appreciate Thanks to the support of the FBA- Power (Stoel Rives LLP), the event not only your time and effort, but the WDWA, the program was able to served 34 students from Garfield, great facilities, the food, the swag bags, provide breakfast and lunch to the Rainier Beach, and Kentridge high presentation content, and the creative students as well as swag from the schools. examples, visuals and props you used to supporting law firms. The post-event bring Intellectual Property Law to life The program described higher feedback from the CSF Director of for our students.” education and career opportunities Programs to the FBA-WDWA was for students interested in technology, positive: “What a TREMENDOUS The FBA IP Committee has started arts, music, and entrepreneurship and event today! Thank you sooo much, initial planning to hold the same event explained basic intellectual property each of you, for taking time out of next year and welcomes participation concepts and career options through your busy schedule to help College and support from interested members. a mix of panel discussions, interactive Brian C. Park and Theodore J. Angelis are demonstrations, and do-it-yourself Co-Chairs of the FBA-WDWA Intellectual resources. The presentation and tour “The program described Property Committee. covered opportunities in law practice, higher education and career litigation support, administration, HR, IT, and related fields. In which opportunities for students other legal field could the work of Led interested in technology, Zeppelin, Marvin Gaye, 2 Live Crew, arts, music, and and the U.S. Supreme Court be played and displayed with such enthusiasm entrepreneurship.”

Summer 2018 7 The 2018 Annual FBA-WDWA District Meeting & CLE Civil Liberties and Upholding the Rule of Law By Thomas S. Linde The 2018 Annual FBA District Meeting The morning program which was open The afternoon program which was and CLE sponsored by the Ninth Circuit to the public addressed the issues open to members of the bar and to law Lawyer Representatives was held presented by the Japanese incarceration students addressed the issues presented on Friday, April 13, 2018 at Seattle cases and featured presentations by: in the coram nobis litigation in the University. Inspired by a presentation Hon. Marilyn Hall Patel, Judge, U.S. 1980’s which vacated the convictions at last year’s 9th Circuit Judicial District Court, Northern District of of Fred Korematsu and Gordon Conference in San Francisco, this year California (retired); Karen Korematsu, Hirabiyashi and featured presentations the annual meeting and CLE were Founder and Executive Director, Fred by the following members of the expanded to include the participation of Hirabiyashi legal team: Camden law students and the general public, in Hall; Rod Kawakami; Michael Leong; addition to the judges from our district “During World War II, 120,000 and Sharon Sakamoto. In addition, and lawyers from our association and the afternoon program included a others. The agenda for the program was persons of Japanese ancestry presentation from Washington State split up with a public program in the were removed from their West Attorney General Bob Ferguson relating morning and a program for lawyers and to the haunting relevance of the law students in the afternoon. Coast homes and incarcerated Japanese internment cases with respect to current events. This year’s program was entitled: “The in desolate camps in the interior Japanese American Incarceration: Civil Overall, the expanded program (at Liberties and Upholding the Rule of Law, of the United States. Two- a venue outside of the federal court Then and Now”. During World War II, thirds were American citizens.” house) was both well attended and 120,000 persons of Japanese ancestry incredibly well received particularly in were removed from their West Coast light of the historical significance and homes and incarcerated in desolate current applicability of the due process T. Korematsu Institute; Lorraine camps in the interior of the United and equal protection issues raised by Bannai, Professor of Lawyering Skills States. Two-thirds were American the Japanese internment cases. and Director, Fred T. Korematsu Center citizens. They had committed no crimes; for Law and Equality; and Robert S. they were incarcerated simply because of Thomas S. Linde is a Ninth Circuit Lawyer Chang, Executive Director, Fred T. their race. Representative and a Member at Schweet Korematsu Center for Law and Equality. Linde & Coulson, PLLC

8 FBA - WDWA News The Honorable Marsha J. Pechman A Lifelong Adventurer and Leader By Andrea Ostrovsky When we sat down for lunch, the Honorable Marsha J. Pechman, Senior United States District Court Judge for the Western District of Washington, was still jetlagged from a flight across the Atlantic. Yet she was invigorated. She had just returned from a 155-mile “Coast to Coast Walk” across England with her friend King County Superior Court Judge Holly Hill. She completed the entire walk, having dipped her boots in the Irish Sea and, two weeks later, the North Sea. Her training for this endeavor was, for those who know her, not all that surprising. She had listened to over 140 lectures on English history. A notoriously voracious reader, she read fourteen novels by famous English authors while hiking across the country. Judge Pechman This is just one of the numerous increased 247%, to 871 total filings. As improvements in case management.” adventures and learning opportunities explained by Clerk of Court Bill McCool, These changes to the initial case filing Judge Pechman enjoyed during her “this huge increase in cases resulted in process and early case management sabbatical from the bench. a severe backlog at the Court.” Judge events have resulted in a savings of 30 days per case on average. As described Tenure on the Federal Bench Pechman educated herself about the problem, asked Senior Judge Robert by longtime law clerk Steven Crozier, Judge Pechman has served as a federal Bryan to study the management of “her leadership was instrumental in district court judge since 1999. She was Social Security appeals, and initiated meeting [this] situation with innovative nominated by President Bill Clinton to the formation of a bar committee to solutions that allowed the Court to the seat vacated by Judge William L. study and analyze the situation. After fulfill its responsibilities in the face Dwyer. On September 1, 2011, she took receiving recommendations from Judge of considerable adversity.” Indeed, over the role of Chief Judge from Judge Bryan and the bar committee, Judge the District has received praise for its Robert S. Lasnik. She served in that Pechman obtained the support of the handling of the situation and Judge role until February 6, 2016, when she other judges and then implemented the Pechman has been enlisted to train took senior status. recommended changes. These changes other chief judges on how to handle Lawyers in this district know Judge include encouraging the bar to consent these kinds of case backlogs. Pechman to be a great trial judge, a to the handling of these matters by This is just one of her many judge who knows the rules of evidence magistrate judges, and dedicating accomplishments during this backwards and forwards and who additional law clerk resources to Social time. Judge Pechman also oversaw runs a very organized and efficient Security appeals. As explained by the expansion of the Federal Bar courtroom. It is no surprise then that Mr. McCool, “Between Judge Bryan’s Association pro bono clinic to Tacoma. Judge Pechman’s tenure as Chief was work, Judge Pechman’s leadership, and She spearheaded the Court’s first defined by a focus on improving case the committee’s on-going initiatives, children’s citizenship celebration—an management and the business of the court has eliminated the backlog event to celebrate children becoming running the court. of cases and continues to make U.S. Citizens because of their parents’ One of the success stories from her citizenship. And Judge Pechman time as Chief involves how the court “Judge Pechman’s tenure initiated and marshalled resources for the court’s effort to develop a video and the bar came together to solve as Chief was defined by a the problem of a significant backlog about implicit bias. A committee of of social security cases on the court’s focus on improving case judges and lawyers, led by senior United States District Judge John docket. The problem arose when, management and the business between 2010 and 2014, filings for C. Coughenour, created the video, of running the court.” Social Security appeals in this district Continued on page 10

Summer 2018 9 The Honorable Marsha J. Pechman (continued) which the Court started showing to Sabbatical Between stints teaching others, Judge prospective jurors in this district this Pechman herself took an Economics During her sabbatical, Judge Pechman year. 101 course at the University of spent several months doing the things Washington. Having never studied Judge Pechman is proud of her time as she loves most—sharing her knowledge economics, Judge Pechman thought Chief, but she would not say that the and skills with others, learning, and that it would be a good thing to do to job is an easy one. “It was exhausting!” traveling. “better understand the way the world she recalls. In addition to presiding Through the Federal Judicial Center, works.” She also took painting classes. over a full case load, the Chief is Judge Pechman taught at several She recounted that she “spent a whole charged with managing the courthouse, judicial trainings on topics including afternoon drawing an asparagus spear!” including all 250 of its employees. The case management and leadership. She Chief handles a wide range of problems, A lifelong adventurer, in 2016 Judge also went to Canada to teach Canadian as varied as an expansion of the court Pechman rafted the Colorado River judges about managing high profile disaster preparedness training to with fourteen other women judges. In cases. bracing for the impact of an expected 2017, she and several other women sequester. In reminiscing on her time She returned to Kenya to teach trial as Chief, Judge Pechman said that she skills and advocacy with Justice is grateful to have had the support of Advocacy Africa (“JAA”), a non-profit “A lifelong adventurer, Judge Clerk of Court McCool. And she found organization she co-founded in 2009 Pechman rafted the Colorado the experience of making decisions with with Judge Hill and Seattle attorney River with fourteen other her fellow district court judges to be a Steve Fury. She was joined on this very satisfying one: “Judges are rational trip by another Seattle trial attorney, women judges.” people. And they always want to do Mike Wampold. As he explains, the what they believe is right.” trip was eye-opening and incredible. judges spent a week sailing in the San “JAA has had a tremendous impact on Juan Islands. She even capped off her In September 2016, Judge Pechman the level of trial advocacy in several sabbatical with a rafting trip down the started a yearlong sabbatical. In doing countries in Africa,” he said. And part Rogue River in Oregon. so, she followed in the footsteps of her of the reason for the impact is Judge predecessor, Judge Dwyer, who also Back to Work Pechman herself. “Because Judge took a sabbatical after assuming senior Pechman is a federal judge, her star Having enjoyed a year of exploration status. power [in Africa] is unbelievable,” Mr. and teaching, Judge Pechman returned Wampold noted. According to him, to the court in fall 2017, with plans lawyers who have participated in the to take on a reduced case load of “She spearheaded the Court’s training are noticeably better in the civil matters. She looks forward to courtroom, an improvement which has continuing to work with her colleagues first children’s citizenship created a “buzz” in the legal community and the bench and — unsurprisingly celebration—an event to and a strong interest in the training. — many more adventures, learning celebrate children becoming To date, JAA has trained over 1000 opportunities, and teaching moments African lawyers and providing training to come. U.S. Citizens because of their in teaching advocacy to nearly 200 of Andrea Ostrovsky is former law clerk to those lawyers. parents’ citizenship.” Judge Pechman.

10 FBA - WDWA News The Honorable Robert S. Lasnik Justice Shaped by Experience By Abha Khanna Judge Robert S. Lasnik is renowned for his legal intellect and 28 years of service on the state and federal bench. But as one of his former law clerks, I had the privilege of observing how every decision he rendered was shaped by—and benefitted from—the experiences he lived before setting foot in law school.

Born and raised on Staten Island, Judge Thus, proceedings that all too often feel Lasnik dispenses justice with a New like the impersonal grinding of a legal Yorker’s dry wit and practical wisdom. leviathan are transformed into catharsis. In 2001, he struck down a company’s Judge Lasnik’s undergraduate studies selective exclusion of contraceptives inform his understanding that the law from its prescription plan as sex-based is not a cold set of rules, but rather our discrimination in violation of Title VII. society’s collective effort to respect each Judge Lasnik took the opportunity individual’s rights and dignity. to describe the circumstances that Judge Lasnik went on to earn master’s propelled Title VII into law, noting, degrees from Northwestern University “It was in this time that Bob Dylan in journalism and counseling. He warned, ‘Come Senators, Congressmen, uses this background to present legal please heed the call. Don’t stand in principles to the public in a meaningful, the doorway, don’t block up the hall.’” accessible way. For example, in finding Judge Lasnik Several years later, in a case involving that the public defense system of two the online rating of attorneys, Judge Washington cities violated the Sixth visibility into the judiciary’s work not Lasnik expressed skepticism of such Amendment rights of indigent criminal only promotes justice, but bolsters ratings—and the attention this defendants, Judge Lasnik captured the confidence in the judicial system. reference had garnered: American values at stake in a single Perhaps the most formative experience [I]n 2006 a new magazine . . . purported sentence: “The notes of freedom and of his life, however, was meeting his to identify the 500 leading judges in liberty that emerged from Gideon’s wife, Seda, shortly before starting law the United States. The undersigned was trumpet half a century ago cannot school at the University of Washington. chosen to be one of the privileged 500 and survive if that trumpet is muted and Judge Lasnik and Seda have a beautiful was described as follows: “Seattle’s judicial dented by harsh fiscal measures that family, and he demonstrates through his star cites Bob Dylan in opinions while reduce the promise to a hollow shell of a example that although a career in law is providing contraceptives and protecting hallowed right.” demanding, family always comes first orca whales.” . . . What can one say about (an important lesson for young lawyers). such nonsense? As my parents would tell As members of his chambers family, his me when I informed them of some of my law clerks know firsthand how much amazing achievements as a child in Staten Judge Lasnik delights in their personal Island, NY, “that and five cents will get and professional accomplishments – you a ride on the ferry.” every promotion, wedding invitation, Before attending law school, Judge and birth announcement. Lasnik obtained a degree in psychology Now on senior status, Judge Lasnik and sociology from Brandeis University. continues to exemplify on the bench the This will come as no surprise to anyone values derived from his unique path to who has ever seen him preside over a the legal profession. When we refer to a sentencing hearing. When Judge Lasnik judge as “Honorable,” we often refer to hands down a criminal sentence, it the office. When I refer to the Honorable is with full appreciation of how each Robert S. Lasnik, I refer to the man case presents not another number whose approach to the law has been on the docket, but a human tragedy shaped by vast and varied experience — wrought on all sides. He imbues the His focus on accessibility is evident in by an honorable life, well-lived. courtroom with a unique sensitivity to his outspoken support of cameras in Abha Khanna is former law clerk to the defendants, the victims, and their the courtroom and his participation in Judge Lasnik. families, to ensure all feel heard in the iCivics Institute for teachers. Judge helping him arrive at a just resolution. Lasnik firmly believes that increasing Summer 2018 11 The Honorable James L. Robart In Service of the Western District of Washington, the Northwest, & Beyond By Lindsay L. Halm Just inside the door to Judge Robart’s chambers is a pile of partially-folded post-it notes, gathered in a glazed ceramic bowl. I can’t resist the intrigue and, without touching, lean over and peek inside the one sitting on top: it reads, “Jim – 5pm.” I find out later it is Judge Robart’s (winning) prediction of when the jury will finish its deliberations, towering over the failed guesses of his bailiff, law clerks, and externs. But the must-see detail in the revolving décor of Judge Robart’s chambers is beyond the reception area; perched on the transom ledge of one of the clerks’ offices: a neon rainbow of marshmallow peeps peering through the glass – as if to remind the mahogany-colored woodwork and cabinetry not to take itself too seriously. Returning to chambers as a former not what decision or achievement or law clerk is a bit like what I imagine career-marker we talk about, Judge an older sibling feels when she Robart will not take credit for a lick returns home from college. Loved, but of it. Ask him about being nominated Judge Robart somewhat displaced; there are new, to the bench and he’ll quickly tell you after reciting the lopsided casualty inside jokes – a closeness she can no he was just “background” for his more statistics that mark our African- longer occupy. When I visit chambers to qualified friend, Judge Martinez. Or American communities. If you mention interview Judge Robart for this article, this to him, he’ll ask if you watched that sense of being on the outside is “He was entirely unchanged the rest of the hearing, which ends more pronounced than ever. He had with Judge Robart reading into the issued his order restraining President from the Judge I knew before record a list of American cities made Trump’s travel ban just a few weeks he became a cause célèbre. It infamous for deadly attacks on police prior; and overnight, he and his bowtie officers, including our own Lakewood, are everywhere – from CNN to Comedy matters not what decision or Washington. True to form, he dismisses Central to the President’s tweets. “Five achievement or career-marker making history that day; he says he things you need to know about Judge was just doing his job – to give voice Robart” populate the dark corners of we talk about, Judge Robart will to the people impacted by the court’s the Web. My judge is the subject of not take credit for a lick of it.” decisions. And, it seems, laying the clickbait. Yet, I cannot ask him: What groundwork necessary to repair the happens next? How are you coping? take his 207-page decision in Microsoft relationship between communities of Does the hate mail worry you? v. Motorola that changed the trajectory color and police. The closest Judge Robart came to of patent litigation across the globe. If you dare play the post-it game, your talking about the decision that day The legal principle in that decision odds of winning are abysmal. Judge was as we said our goodbyes; I told should, of course, be referred to as Robart nails it nine times out of ten, or him (again) how I admired his courage the “Robart Rule.” But it never stuck rather, his is the closest guess without and wished him good luck. He gave a because everywhere Judge Robart went going over (time-honored “Price is weary smile, complimented the good he called it the “Fortney Doctrine” – Right” rules apply). The man knows work of his law clerks, and referred to named for the law clerk who worked juries. Before taking the bench, he tried the importance of friends and family on the case with him. And then there some 100 cases to verdict – many in during challenging times. As I should was the time at the end of a 90-minute his first decade as a young attorney have known, he was entirely unchanged status conference with the Department defending small P.I. cases in far-flung from the Judge I knew before he of Justice and the Seattle Police when Washington counties from Mason to became a cause célèbre. It matters Robart declared, “black lives matter,” Continued on page 13

12 FBA - WDWA News The Honorable James L. Robart (continued)

Benton. And later, representing local Trustees. The afternoon I visit chambers, and international companies in his there are two baseball gloves, each long, successful career at Lane Powell. cradling a ball, nestled among the papers When I ask Judge Robart how the on his massive desk. He explains that profession has changed over the years, Whitman President Kathleen Murray he laments the decline in trials and has asked him to join her in throwing the need for young lawyers to get into out the first pitch for the Whitman court more often. (Those practitioners “Blues’” game that Saturday at Safeco who have appeared before him for oral field. Apparently, the gloves’ owners – argument already know he likes to call both courthouse staff – had the same on the associate who wrote the brief, idea: Judge Robart should warm up his much to the vexation of the partner arm. Home plate is 60 feet, 6 inches who has just assumed the podium.) away from the mound, after all. When I ask how the profession has I ask Judge Robart to tell me what improved, Judge Robart doesn’t about his time at Whitman inspired hesitate: diversity, which he says means him to give back to the college. He more talent to draw from and, in turn, praised the school’s sense of community better service to our clients. and commitment to increase diversity “But I can also swoop down for the in all its forms. When I pressed him kill.” Maybe he supplied this second “When I ask how the profession to talk about his time as a student, part because we share a love of bird- watching and he and I both know the has improved, Judge Robart he spoke of being the first generation in his family to go to college and how owl is a fierce predator, and not just doesn’t hesitate: diversity, which a liberal arts education opened his the wise and gentle character portrayed he says means more talent to mind and shaped his conscience. He in the storybooks. But maybe he was, still remembers reading Pastor Martin at last, acknowledging his reputation draw from and, in turn, better Niemoller’s poem in one of his classes as a judge. He demands the utmost service to our clients. ” – the one that begins, “First they came” in preparedness from every lawyer – the one that calls out cowardice and who walks into his courtroom. Surely Born and raised in Richmond Beach, complacency in the face of tyranny. drawing from his days as a managing Washington, Judge Robart’s love of partner, he pushes attorneys to advance Near the end of the interview, I remind the Northwest is reflected everywhere the profession, submit better briefs, Judge Robart of the time he was invited in chambers. Filets of Chinook salmon make stronger arguments, avoid petty to the University of Washington to (caught by Judge Robart) line the disputes, take on as much pro bono guest teach a trial advocacy class. Ten freezer’s shelf in the kitchen; a red work as possible, and may God help you years later, I still remember what he Walla Walla “Sweets” Minor League if you forget to mute the ringer on your told the students: imagine the animal Baseball hat sits on his credenza; cell phone during argument. that defines who you are and never traditional turquoise, red, and black be anything else in front of a jury. (“If It is dark outside when I finish asking Northwest tribal prints of eagles and you are a mouse, don’t try and be a my questions. As I pack up my pad and orcas hang in the conference room lion.”). What animal is Judge Robart? pen, Judge Robart asks, “When are you above a row of matching 1920s era “An owl,” he says (after making me go going to ask me about ‘serendipity’?” turquoise chairs he salvaged from the He was referring to everything from the old federal courthouse. The other walls circumstances of his ascendancy to the are dotted with the watercolors and “He demands the utmost in bench to the randomness of the Clerk’s collages of Mari Jalbing, spouse to preparedness from every lawyer case-assignment wheel. I decline. Luck Judge Robart and all-around force of has nothing to do with it. He has made kindness in the world. who walks into his courtroom.” his mark on the Western District, the Judge Robart has also remained close Northwest, and beyond. Bravo, Judge. to his alma mater, Whitman College, first). “Observant; thoughtful, I hope.” Lindsay L. Halm is former law clerk to including as former chair of the Board of Then, after a pause, he grins and adds, Judge Robart.

Summer 2018 13 The Honorable Paul B. Snyder From the Bench to the Sea, A Life of Service and Adventure By The Honorable Brian D. Lynch Paul B. Snyder retired as bankruptcy judge for the Tacoma Division of the Western District of Washington on December 31, 2016 after over 20 years on the bench. Prior to becoming a judge, he served as a Chapter 7 panel trustee for the Tacoma division for many years, and was a partner in private practice at the law firms of Davies Pearson PC and later McGavick Graves PS. Judge Snyder’s wry and acerbic sense at age 66 after a bet from his son. He of humor will be missed around the is also a sailor, who regularly navigates courthouse. While on the bench, he presided over several large disputes. “Judge Leighton refers to him Some involved litigants before him, such as most recently, the Price/ as the Millwood Mauler, no Um cases and Pettit Oil case. Others doubt due to his boxing and were important administrative issues internal to the Tacoma bench, such as wrestling prowess in high when I would be allowed off “probation” school.” as the junior Tacoma bankruptcy judge and whether Magistrate Judge Creatura the waterways of the South Sound. Judge Snyder or he had the longest library table. He finally bought a new sailboat to his saintly and long-suffering wife Luckily, only the latter required the in retirement, and reliable sources Laurie for 42 years. They reside in Gig mediation of Magistrate Judge Kelly indicate it is a foot longer than the boat Harbor when they bother to come home Arnold. of another Tacoma judge although it from their travels. His retirement has hasn’t been submitted to mediation yet. spurred a burst of hiking and rock- “Judge Snyder’s wry and Paul grew up in Millwood, WA, near climbing activity with his son Michael, Spokane. Judge Leighton refers to him and the purchase of substantial acerbic sense of humor as the Millwood Mauler, no doubt due amounts of new gear. will be missed around the to his boxing and wrestling prowess in high school. He has been married courthouse.” “He will be greatly missed by

He also served on several committees, his fellow judges in the Union mostly without complaint, such as the Station Courthouse and by 9th Circuit Technology committee, and for the National Conference of the bankruptcy bar.” Bankruptcy Judges. He served as Chief Bankruptcy Judge for this District from Judge Snyder received his January 1, 2011 until September 30, undergraduate degree from the 2014, when he graciously and joyously University of Washington. He received handed all the administrative duties off his J.D. from the University of Puget to me. Judge Snyder’s regular visits to Sound, and an L.L.M. in Taxation from my chambers did ensure my head never George Washington University Law. got too big. His last advice to me about He will be greatly missed by his fellow the investiture of his replacement Mary judges in the Union Station Courthouse Jo Heston: “Brian, don’t screw it up!” and by the bankruptcy bar. Judge Snyder is an avid runner, running nearly every day and getting Brian D. Lynch is the Chief Judge for the cranky if he didn’t. He ran the Boston United States Bankruptcy Court for the Marathon for the second time in 2015 Western District of Washington.

14 FBA - WDWA News The Honorable Karen L. Strombom Doing The Right Thing By The Honorable J. Richard Creatura As she looked out at the group of 150 or so people who came out to commemorate her retirement, Karen Strombom was genuinely touched. She thanked everyone there and although I can’t quote her perfectly, said something to the effect of, “I just can’t believe it. I feel so lucky. It seems like things just happened for me over the years.” But for those of us who have known wanted to learn short hand so that she her, and worked with her over the could take dictation better and asked years, we know that it wasn’t just for money to take the course. At first, serendipity that allowed her to become they declined to pay for the course, the very special person and jurist that but later decided to reimburse her she became. Karen’s life and career after she had already paid the tuition can be marked by a singular, guiding out of her own pocket. And when she principal that seems to have touched continued to excel at every job they every part of her life – try your best to gave her, he encouraged her to go to Judge Strombom do the right thing, every time. law school. Which she did. She moved back to Wisconsin and completed her went on the bench, I went back into Born in the very small town of Ogema, B.A. in 1974 at University of Wisconsin her chambers on a Thursday afternoon Wisconsin, population 200, she was at Stevens Point. She got her JD from to say hello and see how things were raised in a loving home as the oldest University of Wisconsin, Madison in going. She was buried in a complex of four children. She went a two-room 1978. brief at the time. She pointed to the schoolhouse and her high school floor next to her where she noted that graduating class was only 47 students. But she still loved Washington and the foot-tall stack of papers was one came back to Tacoma to practice law summary judgment motion on one case with the law firm of Burgess and that was being argued the next day. She “Karen’s life and career can be Kennedy – later Burgess, Kennedy and pointed to another even taller stack marked by a singular, guiding Fitzer – and later still, “Strombom” was of papers next to it – those were the added to the firm letterhead. She was 15 or so other motions on other cases principal that seems to have a skilled and thoroughly prepared trial she was hearing the next morning. I touched every part of her life lawyer. I had the pleasure of trying a am sure she stayed well into the night case where Karen was representing a until she had considered every pleading. – try your best to do the right co-defendant in a civil jury trial before Trying her best to do the right thing, thing, every time.” Judge Arthur Verheran. At some every time. point near the end of the trial, Judge Verheran, who, like us, saw her skills as “She stayed on the Pierce Her father was in the National Guard a trial lawyer, invited all of the lawyers and had to be stationed in Fort Lewis back into his chambers. Ignoring the County Superior Court for a year in 1961. So, several years rest of the other half dozen or so bench for 13 years, where later, the family took a road trip to lawyers in the room, Judge Verheran the Northwest, and it had a lasting proceeded to tell Karen that she should she handled a wide variety of impression on Karen. When she consider submitting her name for the matters, including a criminal graduated from high school, and after upcoming Pierce Court Superior Court two years of college, she decided to position. Which she did. (She won the death penalty case.” move to Olympia, Washington, where case, too, on behalf of her client.) she became a legal secretary for a Another of her mentors while serving She stayed on the Pierce County small firm of lawyers, including Gerry on the Pierce County bench was the Superior Court bench for 13 years, Alexander, who was to become Chief Honorable J. Kelley Arnold, who where she handled a wide variety of Justice of the Washington Supreme left the superior court to become matters, including a criminal death Court and one of her life long mentors. a Federal Magistrate Judge for the penalty case. Not always an easy job. I Justice Alexander recalled that Karen Western District of Washington. When recall at some point shortly after she another magistrate judge position

Continued on page 16

Summer 2018 15 The Honorable Karen L. Strombom (continued) became available in Tacoma, Judge and wisdom, but at one particular point Judge Strombom’s professional career Arnold encouraged Karen to consider in her career, she also reached out to is only a part of Karen’s life. She and her submitting her name for the position. Judge Strombom when Dianne had husband, Joel, look forward to traveling Which she did. She was appointed to suffered a humiliating loss in a federal throughout the world, which they have the position in 2003, and had adjoining court proceeding before another judge. already been exploring for several years. chambers with Judge Arnold until he She recalled that she went to Judge They remain residents of Tacoma, near went on recall status in 2009. Like Strombom’s chambers and just started Joel’s very large family, and they still Judge Arnold, she became involved crying. Karen did what she always does travel back to Ogema regularly to visit regionally and nationally with the — she gave Dianne her time, and her her mother and stay in touch with her Federal Magistrate Judges Association patience, and without saying more childhood connections. and became its president in 2015. than necessary, encouraged her to go She worked tirelessly at representing back out there and keep going. Dianne magistrate judges to recompense and said at that critical moment, Judge “For her efforts she was secure back pay that had been promised Strombom did exactly what needed to awarded the prestigious and then withheld. The Association be done and encouraged her. Doing her asked her to lead the organization best all the time. Founders Award in 2016 for through that difficult period. Which she extraordinary service.” did. For her efforts she was awarded the prestigious Founders Award in 2016 for extraordinary service. As a recall magistrate judge, she will occasionally still don the black robe “She became involved in the Union Station Courthouse and she promises to occasionally frequent regionally and nationally with her new chambers. If you watch her the Federal Magistrate Judges carefully on the bench, you may still notice that she continues to take notes Association and became its with the short hand that she learned president in 2015.” when she was a legal secretary. Most importantly, for those who gathered that evening, and for many Along the way, Karen has mentored all others, she will remain a welcomed of us. One of her many admirers, the friend. current President of the Tacoma-Pierce County Bar Association, T. Dianne Clarkson, shared with the group that J. Richard Creatura is a Magistrate Judge, she had always looked up to Judge United States District Court for the Strombom for her confidence, strength Western District of Washington.

16 FBA - WDWA News The Honorable Dean Brett Retired Magistrate Judge Dean Brett says, “Call me Dean” By The Honorable Paula McCandlis

If you want to know who retired Magistrate Judge Dean Brett is, one need only look around his office to discover what he values and cherishes. He is surrounded by pictures of his beautiful family. His forty-four year marriage produced four exceptional children and six grand-children. Near the pictures, Dean has a Pablo Neruda Love Sonnet (Noche XCIV). Translated into English, the poem speaks of love beyond death. Dean speaks openly of the death of his son, Brian. He understands both love and loss, and for these experiences he is an exceptional person. As a father, husband, attorney, employer, teacher, student, scholar or Magistrate Judge, Dean strives to understand and speak the truth. Judge Brett On the walls of his office he has the challenge and ability to overcome him to grow intellectually. As Vince framed sign from his first law office, Brett obstacles set in his way. Lombardi pointed out, what you do with & Daugert. In 1972, Dean partnered with what you have is what matters and in On top of Dean’s window sills and fellow Stanford alum, Larry Daugert. Dean’s case he had smarts. What he did shelves, tucked among his family photos, Together, they provided legal services for with them was get himself into Whitman almost every inch of open space has a bit thirty-four years, with Dean practicing College and after that, law school at of memorabilia picked up from his globe- all over Washington State. A multitude of Stanford. During some of his school year trotting adventures. Dean loves to travel summers, he worked in Washington, and is always planning a trip. Dean has D.C., as an intern for Congressman Tom traveled throughout Europe, Africa, Asia, “As a father, husband, Foley, with the experience furthering his the Caribbean, and much of the United intellectual curiosity and growth. attorney, employer, teacher, States. Traveling motivates Dean to take student, scholar or Magistrate care of everything before he leaves and Dean values learning and during his then dig his way out of the backlog upon tenure as a part-time Magistrate Judge Judge, Dean strives to his return. from June 23, 2005 until May 1, 2016, he would listen to ‘The Great Courses’ understand and speak the A close look at Dean’s desk reveals pieces as he drove from Bellingham to Seattle of writing taped all around. Some pieces and back. Dean’s book shelves are full of truth.” are faded beyond recognition; some are almost 80 courses, representing hundreds lines from Chinese fortune cookies such of hours he spent listening to classes diplomas, awards and placards covering as “When things are hectic, it is best to such as the Italian Renaissance to the a forty-five year career fill his walls. One accentuate safety.” Others give insight Foundations of Eastern Civilizations. picture shows Dean at his swearing-in into what Dean thinks and how Dean Working as a Magistrate Judge allowed sporting incredibly thick and glorious thinks: Dean to meet so many thoughtful long blond hair. The captions reads, Anyone who has a continuous smile on his face and interesting people. He especially “In due regard to changing taste and conceals a toughness that is almost frightening. enjoyed attending the monthly social aesthetic sensibilities, Dean decided to Greta Garbo reduce the quantity of his hair. Some I consider trial by jury as the only anchor ever yet think he overdid it.” imagined by man, by which government can be “Dean’s humble beginnings Another picture is simply of a farm in held to the principle of its constitution. Thomas Jefferson 1789 formed his desire for eastern Washington where Dean grew up. He grew up in a place the locals called Be who you are and say what you feel, because intellectual challenge and Poverty Point. He lived in a farmhouse those who mind don’t matter and those that ability to overcome obstacles with two rooms and an outhouse, on the matter don’t mind. Dr. Seuss 1904-1991 poor side of Wenatchee. His father died Who you are depends on what you do with what set in his way.” when Dean was young, and Dean was left you have. Vince Lombardi to his own resources to figure out his way Dean knew from a young age that his in the world. Dean’s humble beginnings mind would create opportunities for him lunches with the Judges and misses the formed his desire for intellectual and that keeping an open mind allowed camaraderie and conversations. Continued on page 18

Summer 2018 17 The Honorable Dean Brett (continued)

“Dean’s integrity, common sense, and belief in following through on one’s word continue to guide him.”

Now that he has more time in his personal life, Judge Brett is actively involved in his community, enjoying life, and relishing every chance he has to interact with his grandchildren.

Dean’s integrity, common sense, and asks questions, gives advice, and shares belief in following through on one’s word his experiences. Dean’s next adventure continue to guide him. He’s been known and the one after that will certainly leave to quote Carl Jung, “you are what you lasting keepsakes and stories only he can do, not what you say you’ll do” - and tell.” consistently exhibited these traits in his Paula McCandlis is a Magistrate Judge personal life and on the bench. Now that (Part-Time), United States District Court he has more time in his personal life, he for the Western District of Washington. is actively involved in his community, enjoying life, and relishing every chance he has to interact with his grandchildren. Dean is not done yet. He sets goals and makes action lists. He continues to work at his law practice and mentor the attorneys who work with him. He listens,

18 FBA - WDWA News Joanna Plichta Boisen Recognition for Extraordinary Pro Bono Service By Jack Zahner The capacity crowd in the Fairmont’s Spanish Ballroom rose to their feet to give Joanna Plichta Boisen a standing ovation as she received the Federal Bar Association-Western District of Washington’s Pro Bono Service Award at the annual dinner. Joanna was honored in recognition for her many years of service revitalizing and improving the FBA- WDWA’s Pro Bono Program and for her entrepreneurial approach to serving vulnerable constituencies. In 2008, Joanna launched the “Reviving cultural competency, criminal law, and the FBA-WDWA Pro Bono Program other areas presented at these CLEs, Initiative” to get law firms more including a guest panel of attorneys engaged in taking pro bono cases. This who had taken cases in the past and included producing new marketing had success. Over the years many materials, reaching out to law firm pro guest judges, including Judges James bono leadership about getting their Donohue, Marsha Pechman, Mary Alice attorneys involved, writing articles Theiler, Brian Tscuhida, and Benjamin Joanna Plichta Boisen for the King County Bar Association, Settle, spoke about the importance of Outside of the FBA-WDWA, Joanna Washington State Bar Association and making pro bono a core component of is the Pro Bono Partner at Foster Federal Bar Association on federal pro one’s practice. Pepper PLLC where she oversees bono, and collaborating with judges on These CLEs also included practical the firm’s nationally recognized and best practices. materials that attorneys could rely on award-winning pro bono practice. when navigating their cases. More solo Joanna is well-recognized in the pro “[Because] many attorneys and small firm lawyers signed up to be bono community in Washington and felt they lacked the requisite on the pro bono case distribution list beyond and has won countless awards as a result. Recently, judges nationally and recognition for her work. But the subject matter competence have requested copies of these ovation she received from the bench or did not have appropriate materials so they could replicate the and bar at the annual dinner brought educational component in their legal tears to her eyes; maybe because it’s an mentorship to take on certain communities. award that is seldom given, but most likely, it’s because the people in that matters... Joanna sought to Judge Robert Lasnik, Judge Richard room included many of her heroes. Jones, and Judge James Donohue have build a strong educational been strong advocates for getting new component to address these attorneys in front of federal judges, and “Judge Robert Lasnik, Judge Joanna incorporated their ideas into an Richard Jones, and Judge barriers.” outreach plan that was used to invite newer attorneys to join the FBA-WDWA James Donohue have been When she became the Co-Chair of the pro bono program. This work has raised Pro Bono Committee in 2013, Joanna strong advocates for getting the FBA-WDWA Pro Bono Program’s recognized that many attorneys felt profile and increased participation new attorneys in front of they lacked the requisite subject matter exponentially. competence or did not have appropriate federal judges, and Joanna mentorship to take on certain matters. In addition to her work on the Pro incorporated their ideas into In response, Joanna sought to build Bono Committee, first as a member a strong educational component to and then as a co-chair, Joanna has an outreach plan that was address these barriers. She helped also served the FBA-WDWA in various used to invite newer attorneys design annual all-day CLEs to help capacities over the last decade, train and educate attorneys to take on including as co-chair of the Website to join the FBA-WDWA pro pro bono cases, and she worked closely and Communications Committee, as bono program.” with Judge James Donohue, his clerk a member of the Ethics Committee, Kelly Seaburg, and her co-chair Brett as a member of the Nominations Jack Zahner is Chair of the Pro Bono Purtzer. Top attorneys in the fields Committee, and currently, as Secretary Committee at Foster Pepper PLLC. of employment, ethics, civil rights, for the organization.

Summer 2018 19 Stability in the Midst of Change The History and Role of the Judiciary in Turbulent Times By Melissa Muir The Third Branch Judge Hanford was appointed to the practice and became an author of some Western District of Washington. renown. The property to which he gave The federal judiciary remains stable his name in 1907, the town of Hanford, His departure from the bench was less over time even as political cycles went on to notoriety as the site of smooth than his arrival. buffet the executive and legislative nuclear weapons production during branches of government. While not In 1912, Judge Hanford was widely World War II. immune from the vicissitudes of criticized for revoking the citizenship politics, the judiciary remains a symbol of Leonard Olsson, a naturalized citizen The Western District of of deliberation, independence, and and admitted Socialist. Newspapers Washington’s Judicial Legacy stability. What follows is a brief glimpse decried the decision, as well as the The Western District of Washington is into our own district’s past, and a “arbitrary, irresponsible power” of reminder of the values we hold today. now authorized for seven district and judges appointed for life. Victor Berger, six magistrate judges, although some of During Good Behavior the first Socialist elected to the House those positions remain unfilled. As part of Representatives, soon called for of the court’s efforts to capture some The creation of the judiciary reflected impeachment proceedings. the country’s ongoing tension about of its history, we asked judges to reflect the size and reach of the federal on a case that particularly impacted them. While most of the court’s cases government in relation to the states. “The creation of the judiciary The Declaration of Independence’s attract little public attention, every grievances against King George III reflected the country’s case is noteworthy, important, and a testament to the human spirit. The included that: “He has made Judges ongoing tension about the dependent on his Will alone, for the referenced cases reflect these values. tenure of their offices, and the amount size and reach of the federal Judge Lasnik spoke of the case of Salim and payment of their salaries.” government in relation to the Hamdan, a Yemeni driver for Osama Bin Laden detained at Guantanamo Our Constitution’s framers easily states. agreed on these two key judiciary Bay. Judge Lasnik granted Hamdan features. The rest of the details would a forum to present his challenge to the power of the President to take more than a decade. Article III of In response, the House of the Constitution states that federal form a military commission that Representatives unanimously directed circumvented rights granted under judges “shall hold their Office during the Judiciary Committee to investigate good Behavior”, and this standard was the Geneva Convention. After the Judge Hanford. The Committee had case was transferred, then reversed tested in our own district, with Judge plenty to work with as Judge Hanford Cornelius H. Hanford. by an appellate court, Hamdan’s was the most prolific opinion-writer in relief was ultimately reinstated by the Washington: Territory, State, the judiciary at that time. The Judiciary Committee soon released evidence that, District, and Western District shortly after one of his rulings resulted “While most of the court’s The Washington Territory, carved out in $60,000 in tax savings for the of Oregon, was established in 1853. Northern Pacific Railroad, the railroad cases attract little public That same year, four-year-old Cornelius then sold him land at a very favorable attention, every case is Hanford headed west with his family by price. wagon. After working as a farm laborer The Judiciary Committee hinted that noteworthy, important, and and mail carrier, Hanford joined a law more revelations would follow. Rumors a testament to the human firm and read for the Bar. Soon, he was were rife that powerful business elected City Attorney of Seattle. interests in the Seattle area would be spirit.” In 1889, President Benjamin Harrison implicated in the scandal. Detractors appointed Hanford chief justice of the came forward, accusing Judge Hanford territory. When Washington became of public drinking and sleeping on Supreme Court. Judge Lasnik reflected the 42nd state later that same year, the bench. Before the committee on the cases heard in our district’s the President seamlessly appointed could meet again, Judge Hanford courtrooms, especially in times of great Judge Hanford as the first federal judge resigned, stating that “persistent fear and anxiety: “These cases serve of the new District of Washington. misrepresentations by newspapers” as reminders of how our country and Fifteen years later, when the state was made judgeship no longer desirable. our courts must always remain true separated into two judicial districts, to our core principles embodied in the Judge Hanford returned to private Constitution….”

Continued on page 21

20 FBA - WDWA News Stability (from page 20) In 1987, Judge Carolyn R. Dimmick impact of her decision as humbling, who refused to be deployed to Iraq. As heard the case of Thorp v. Jim Beam. gratifying, and a highlight of her career. a former Army captain and member The Thorps sued the alcohol distillery of the Judge Advocate Generals’ Judge James L. Robart shared the case for failing to warn of the dangers of Corps, Judge Settle was confronted of a plaintiff father who testified to his drinking alcohol during pregnancy. The with putting aside his emotions to anger and extraordinary pain over his Thorps lost their case. Yet, although focus on the right reading of the law. son’s death at the hands of police. After the jury did not find negligence, the The legal analysis was challenging: the jury returned the verdict in favor case did raise public awareness of fetal reaching the right result was easier. of the government, the father asked alcohol syndrome. And highlighting “I knew the solemnity of taking an to address the court. He said, simply, these dangers led the legislative branch oath would someday place me in a “Thank you for allowing us to tell our to pass the important Alcohol Labeling position of supporting and defending side of the story.” He lost the case, but Act of 1988. the Constitution, even when I might had his day in court, and Judge Robart have personal views that were not Judge Marsha J. Pechman spoke of her was “never more proud than that necessarily aligned with how the case that led to a nationwide temporary moment.” law would require me to rule.” Judge restraining order enjoining the removal Settle expressed gratitude for such a of anyone subject to deportation to meaningful test so early in his new Somalia. Somalia at that time was in “The federal judiciary, with judicial role. a state of anarchy: deportation would neither the power of the mean certain incarceration, torture, or These cases serve as a reminder that the death. Some years later, while traveling sword nor the purse, is federal judiciary, with neither the power in Uganda, Judge Pechman met a indeed a testament to our of the sword nor the purse, is indeed a café proprietor “Elvis” who, when he testament to our indomitable human recognized her, joyfully introduced indomitable human spirit.” spirit her to other Somali expatriates. They Melissa Muir is the former Administrative relayed their stories, and gratefully And very soon after taking the bench, Services Director for the Western District of thanked her. Judge Pechman described Judge Settle received the case of a Washington (retired). the realization of the far-reaching lieutenant in the United States Army

Summer 2018 21 Compilation of Recent FBA-WDWA Programs & Initiatives COMPILATION OF RECENT FBA-WDWA PROGRAMS AND INITIATIVES

RECENT CLE PROGRAMS AND SEMINARS

TITLE DATE

A Candid Conversation on the Consent Rule: June 15, 2018 A CLE with the Magistrate Judges

Current Issues in Maritime Law 2018 May 18, 2018

Civil Appeals Before the Ninth Circuit May 16, 2018

CLE for the Curious: May 4, 2018 How to Apply for the Magistrate Judge Vacancy

Annual District Meeting and CLE regarding the Japanese American April 13, 2018 Incarceration: Civil Liberties and Upholding the Rule of Law, Then and Now

Youth IP Day March 23, 2018

Youth Law Day March 23, 2018

Ninth Circuit Court of Appeals Seeks Input from Former Law Clerks for the March 13, 2018 Ninth Circuit Committee on Workplace Environment

Power Sex and Race: How the Practice of Law Has Changed and How it January 12, 2018 Needs to Change ,

Meet Your Magistrate Judges: December 15, 2017 Chief Magistrate Judge Donohue, Judge Theiler, and Judge Tsuchida

2017 Annual Dinner & CLE December 6, 2017 Topics included: (i) The Supreme Court’s Personal Jurisdiction Revolution: What It Means and Where It’s Heading and (ii) Strategizing from the Trial Court to the Appellate Court, with Examples from Washington v. Trump; and (iii) Public Accommodation Law and the Constitution: Arlene’s Flowers/Masterpiece Cake Supreme Court Litigation. Julián Castro was the keynote speaker at the dinner.

22 FBA - WDWA News COMPILATION OF RECENT FBA-WDWA PROGRAMS AND INITIATIVES

The Color of Law: November 17, A Forgotten History of How Our Government Segregated America 2017

Best Appellate Practices: Honorable Frank L. Kurtz, United States Bankruptcy Judge, the Honorable September 28, Robert J. Faris, and the Honorable Julia W. Brand 2017

Ninth Circuit Lawyer Representatives Annual CLE June 12, 2017

FUTURE CLES

. The In-House Committee is putting together a CLE for the fall. . The Pro Bono Committee is putting together an annual CLE to recruit more volunteers. . The Annual Dinner and CLE will be held at the Fairmont Hotel on December 5, 2018. Emily Bazelton has agreed to participate as the Keynote Speaker.

NEW AND EXPANDED INITIATIVES

. The DREAM Committee: Though the committee was formed in 2012, the FBA-WDWA formally established a DREAM Committee on its board in 2018 for the purpose of evaluating and approving DREAM participants’ requests for funds in accordance with the FBA-WDWA DREAM Funding Guidelines. Michelle Peterson is chair. When formed in 2012, the purpose of the DREAM program remains to more effectively address offender substance abuse by providing the opportunity for qualified federal criminal defendants to participate in a comprehensive court monitored program that blends treatment and sanction alternatives to incarceration. This will create the greatest safety for the community, impact the most lives through rehabilitation and save taxpayer dollars in future offender costs. . Constitution Day: Though in existence since 2012, the Constitution Day Committee was formally established in 2018 as a committee of the board. Since 2012, the FBA-WDWA and the Western District of Washington has conducted a “Constitution Day” for local grade school classes in the Tacoma and Seattle Courthouses. Kymberly Evanson is chair. . Civil Rights Clinic: The Civil Rights Clinic Capital Campaign Committee was established 2018 to expand the legal clinic’s services which have been existence since 2006, where volunteers from the FBA-WDWA have provided free legal support on federal legal issues involving discrimination, prisoner rights, Fourth Amendment search and seizure, excessive force, free speech, voting rights, the Second Amendment and religious freedom. Tracy Morris is chair.

Summer 2018 23 FBA – WDWA News Federal Bar Association of the Western District of Washington Officers President Vice-President Cynthia B. Jones Steven Masada 206.972.4943 206.553.4282 PRSRT STD U.S. POSTAGE Secretary Treasurer PAID Joanna P. Boisen Jamie Lisagor SEATTLE, WA 206.447.5144 206.245.1734 PERMIT NO. 5544 Immediate Past President Roger Townsend 206.518.6200 Trustees Jamal N. Whitehead Molly Terwilliger Genevieve Vose Wallace 206.622.8000 206.516.3894 206.516.3880 Andrea McNeely Colin F. McHugh 253.620.6500 360.216.7362 Committee Chairs Admirality John Congalton • Kevin Smith ADR Jillian Barron • Anne-Marie Sargent Appellate Practice Helen Brunner • Jonathan Solovy Bankruptcy David C. Neu • Aimee Willig CLE Brooke Coleman • Sarah Washburn Court Services Liaison Sarah Mack WSBA Liaison Shannon M. Jost • Lish Whitson Criminal Law Robert Flennaugh • Kate Vaughn Federal Appointments John Wolfe Federal Civil Rights Clinic Tracy Morris In-house counsel Mike Paisner • Cindy Randall Intellectual Property Theo Angelis • Brian Park Local Rules Martha Dawson • Michelle Peterson Membership Karen Orehoski • Jaime Hawk • Mo Hamoudi Nominations Brian Kipnis Pro Bono Brett Purtzer • Claire McNamara Website & Communications Christopher Emch • Adrienne McKelvey