OWLS Honors Judge Tennyson, Elisa Dozono by Adele Ridenour N March 8, Over 550 Judge Katherine E

Published Quarterly by Oregon Women Lawyers Volume 30, No. 2 SPRING 2019 OWLS Honors Judge Tennyson, Elisa Dozono By Adele Ridenour n March 8, over 550 Judge Katherine E. Tennyson guests, including Gover- has served on the Multnomah Onor Kate Brown and At- County Circuit Court since 2002 torney General Ellen Rosenblum, and is currently its acting chief gathered at the Portland Art probate judge. Judge Tennyson Museum to honor Elisa Dozono, began her career as an attorney In This Issue a partner at Miller Nash Graham in the 1980s. She is a former & Dunn, and Judge Katherine board member of OWLS and the Roberts & Deiz Award Dinner Tennyson, of the Multnomah founder of the OWLS Judicial Time’s Up Program on May 8 County Circuit Court, with the Work Group, which helps recruit Past President’s Message 2019 OWLS Roberts and prepare attor- & Deiz Award.1 neys from outside Upcoming OWLS Events Elisa Dozono is a the dominant culture 30th Anniversary Celebration native Oregonian to apply for state Workplace Leader Nominations and a 2006 graduate and federal judicial of Lewis & Clark Law positions. She is also Capitol Update School. At Miller the founder of the Judge Rebecca Guptill Nash, Elisa special- OWLS First Gener- Fall CLE on Pay Equity izes in litigation ation Professionals and governmental Discussion Group, Thank You, Dinner Sponsors affairs work. She is an informal monthly When OWLS Was Formed also a volunteer pro Top: Elisa Dozono, Governor Kate Brown luncheon gathering Judges’ Forum tem judge on the Above: Governor Brown, Judge Katherine Tennyson, of attorneys who are and her spouse, Katie Meyer Meet Judge Debra Velure Washington County the first in their fam- Circuit Court. Prior to ily to attend college Outgoing Board Members her legal career, Elisa spent 11 years working in or the first to become a lawyer. Connie Jarvis Has Died the public arena, including work with the Port After receiving her award, Elisa spoke passion- Commons Law Center of Portland, former Portland Mayor Vera Katz’s ately about the need for inclusive and meaningful office, former Oregon Governor John Kitzhaber, representation. Elisa encouraged everyone to Oregon Innocence Project the Clinton/Gore 96 campaign, and Channel 2 reach out to those who might be struggling to Diversity on the Bench News. While at Miller Nash, she helped develop make their voices heard. On each table she left So You Want to Talk about Race Oregon’s first virtual pro bono clinic. Elisa is also “Know Your Rights” cards from the ACLU, which A Week with Al Otro Lado the founder of both the Oregon Asian Pacific were printed in both Spanish and English. She left American Bar Association (OAPABA) and Emerge, cards for Emerge, in case any attorneys attending a nonprofit organization dedicated to recruiting the dinner met a female colleague they wanted and training Democratic women candidates to to encourage to run for office. And she left some run for local, state, and national office. Continued on page 8 Register Now: Time’s Up Program on May 8 egister online for Time’s Up Oregon: Reckoning with Sexual Harassment in Oregon’s Legal Community, a program to take place on Wednesday, May 8, at the Benson Hotel in Portland, Rstarting at noon (lunch included). Join colleagues from Oregon’s affinity bar associations; the MBA Equity, Diversity & Inclusion Committee; and the Oregon State Bar Diversity & Inclusion De- partment as we take a much-needed look at the landscape of sexual harassment laws, acknowledge stories of harassment in Oregon’s legal community, and learn how to interrupt harassment in the workplace. The keynote speaker will be Tina Tchen, co-founder of the Time’s Up Legal Defense Fund and former chief of staff to former First Lady Michelle Obama. Presenters include Courtney Angeli, Dana Sullivan, and Amy Collins. Reserve your seat now! Scholarships are available. Email Linda at OWLS for details. Free to law students.

OREGON WOMEN LAWYERS AdvanceSheet 1 SPRING 2019 Immediate Past President’s Message pring is OWLS is continuing its work to break an op- down barriers for lawyer parents. Recog- Stimistic nizing that parenting is often perceived season. Even as a significant obstacle to professional ankle deep in success, OWLS formed the Working Par- the mud of my ents Committee to support and advocate President Hon. Allison Boomer son’s outdoor for lawyer parents. OWLS has successfully soccer games, promoted the creation of additional Secretary Maya Crawford Peacock I cannot help lactation spaces for lawyer parents, and Treasurer but look up at we recently approved our first Model Megan Burgess the slivers of Parental Leave Policy, designed to encour- Historian Amber Hollister blue sky and age law firms to adopt best practices to Jacqueline Alarcón the crocuses support lawyer parents. OWLS will con- Board Members blooming along the edge of the pitch. tinue to advocate for a legal community Sara Kobak Writing this message, I am also optimistic in which the desire to parent and build Ericka Langone May Low about the future of OWLS. a family is fully embraced. Aruna Masih OWLS is on the front lines of the work Perhaps most importantly, OWLS Jennifer Nicholls to implement positive change in the legal benefits from a team of strong leaders Kathryn Olney Susan Pitchford community. Side by side with OHBA; OC- who are ready to take us forward. From Adele Ridenour NBA; OAPABA; OMLA; OGALLA; the MBA our newest OWLS board members, to Kristin Sterling Equity, Diversity & Inclusion Committee; our seasoned executive director and Silvia Tanner Amanda Thorpe and the OWLS Queen’s Bench chapter, staff, to OWLS committee leaders who Val Tomasi OWLS will highlight the #MeToo experi- recognize trends and energetically Gloria Trainor ences within our own legal community, tackle new events and topics, OWLS is Hon. Katharine von Ter Stegge and the wisdom of speaker Tina Tchen, filled with leaders who time and time Past Presidents Amber Hollister as a springboard for change. Tina Tchen again accomplish great things. Each year, Angela Franco Lucero is the former chief of staff to Michelle OWLS embraces change and innovates to Laura Craska Cooper Obama and the former executive director address emerging challenges of modern Elizabeth Tedesco Milesnick Kendra Matthews of the White House Council on Women law practice. Even after 30 years, OWLS is Kathleen Rastetter and Girls who spearheaded the Time’s still crucial and celebrated by the Oregon Megan Livermore Up Legal Defense Fund. I hope you join legal community. Heather L. Weigler Concetta Schwesinger OWLS on May 8 at the Benson Hotel for Standing before an audience of over Gwyneth McAlpine Time’s Up Oregon: Reckoning with Sexual 550 OWLS supporters at the Roberts & Heather Van Meter Harassment in Oregon’s Legal Community Deiz Award Dinner last month, I was awe- Laura Caldera Taylor Kellie Johnson to take part in this transformative event. struck by the power of this organization. Norma S. Freitas OWLS has doubled down on its commit- Tables of distinguished legal community Kate A. Wilkinson Jennifer K. De Wald ment to inclusive feminism. At the board leaders, including judges, elected leaders, Sarah J. Crooks level, OWLS is engaging in regular con- managing partners, law students, and Elizabeth Schwartz versations on topics of intersectionality, business owners, enthusiastically affirmed Debra Pilcher Velure Marilyn E. Litzenberger white fragility, tokenism, and unconscious the mission of OWLS. I have faith that Teresa M. Kraemer bias. Over the next year, with the help of OWLS will continue to harness that power Patricia L. Heatherman an experienced team of professionals at for good to transform the practice of law Julie Levie Caron Phylis Chadwell Myles the Center for Equity and Inclusion, the in years to come. Helle Rode entire board will take part in an intensive Looking back over the past year, I am Diana Craine training on equity and inclusion so that immensely grateful for the opportunity Kathryn M. Ricciardelli Agnes Sowle we can further transform our organiza- to have served as OWLS’ president. Thank Katherine H. O’Neil tion. Externally, with the leadership of you for allowing me the chance to be a Executive Director the OWLS IN Committee, we are work- part of OWLS’ story. Linda Tomassi ing to strengthen our partnerships with executivedirector@ oregonwomenlawyers.org leaders in the affinity bar community. As an organization, OWLS is committed Editor Elise Gautier to building a legal community in which [email protected] we address systemic barriers to equity so that each one of us is welcome, included, Amber Hollister www.oregonwomenlawyers.org and valued. Immediate Past President, OWLS

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 SPRING 2019 Upcoming OWLS Events Selling Your Success 2019 Salem Day Out Lane County Women Lawyers During Annual Reviews for CourtCare Steering Committee Presented by OWLS Leadership Com. Presented by Mary Leonard Chapter Eugene Portland Salem, at Taproot First Tuesdays, noon–1 p.m. Thursday, April 11, noon–1:30 p.m. Saturday, June 1 Cafe Yumm on Broadway 121 SW Morrison St., 2d-floor conf. rm. More info is online. Contact: Kasia Mlynski Register online. Includes lunch. Fall CLE: Pay Equity Lawyers’ Association of Preservation of Error: Portland Washington County A Panel Presentation Friday, October 18 Hillsboro Presented by Mary Leonard Chapter [Details on page 7.] Third Wednesdays, 8:30–9:30 a.m. Salem Joan Seitz Law Society Insomnia Coffee, 317 E Main St. April 15, noon–1 p.m. Roseburg Marion County Courthouse, Queen’s Bench First Tuesdays, noon Jury Assembly Room (5th floor) Portland Daily Grind Café, 368 SE Jackson St. Register online. Second Tuesdays, 11:45 a.m.–1 p.m. Josephine County Women Lawyers Mark O. Hatfield U.S. Courthouse Contract Lawyers Grants Pass 1000 SW Third Ave. Discussion Group First Wednesdays, noon Register on the Queen’s Bench website. Portland and via phone La Burrita, 1501 NE F St. Or watch via QB’s Facebook page. Friday, April 19, noon OWLS HQ 30th Anniversary Celebration and Legacy Society Launch 121 SW Morrison St., 11th floor Sponsored by OWLS and the OWLS Foundation Skills and Strategies for Emerging Political Leaders Join us as we celebrate OWLS’ 30th anniversary Presented by OWLS Leadership Com. and the launch of the OWLS Foundation Legacy Society Portland Thursday, July 11, 5 to 7 p.m., 100 SW Market St., Portland First Tuesdays, beginning in May Register online. Includes lunch. Time’s Up Oregon: Reckoning with Sexual Harassment in Oregon’s Legal Community LITIGATION SUPPORT Presented by the OSB D & I Dept.; the MBA Equity, Diversity & Inclusion owerful Committee; and Oregon’s Affinity Bar P Associations Portland Wednesday, May 8, noon–5:20 p.m. Keynote Speaker: Tina Tchen Presenters: Courtney Angeli, Dana Sullivan, Amy Collins The Benson Hotel Registration fee: $60 Incomes under $60K: $25 Free to law students Scholarships available Register online. Includes lunch. First Generation Professionals Discussion Group Portland Friday, May 17 Multnomah County Courthouse, #308 RSVP to OWLS. Lunch served.

OREGON WOMEN LAWYERS AdvanceSheet 3 SPRING 2019 Nominations Sought for OWLS Workplace Leader Award Nomination Deadline Is June 7, 2019 he practice of law often includes skills and contributions and creating or mental health needs for all their barriers to equitable advance- equitable promotions to leadership? employees? Tment by lawyers from non-dom- • What alternative work-flow configu- • How are employers promoting pay inate cultures, and it does not typically rations will maximize the experience, equity for all employees, including reward or hold in high regard lawyers success, and satisfaction of all em- women, people of color, and those seeking a healthy, balanced life. The ployees and create a more inclusive from non-dominant communities? OWLS Workplace Leader Award seeks work culture? The Award to encourage and celebrate change by • What flexibility will employers of- The Workplace Leader Award recog- legal employers that eliminates such fer to employees who are parents nizes an Oregon legal employer making barriers and embraces health and well- or caregivers, or who have other innovative and effective efforts to pro- ness, in both mind and body. Holding important family and personal obli- mote one or more of the following values: such workplace leaders as models for gations or challenges, to avoid losing • A healthy balance between work our community will result in a stronger the momentum in their legal careers and personal life, to include a cul- profession and a better community for and to become resilient leaders in ture of awareness and recovery for all of us. the profession? substance abuse, addiction, and/or While some legal employers agree in • How can legal employers provide mental health needs. concept that these changes are needed, effective and reciprocal mentoring • Acquiring and maintaining a diverse there may be many paths to achieve relationships? workforce with diverse leadership success. And it takes true leadership to • How are contributions to the orga- • Maximizing opportunities for wom- incorporate such concepts into the legal nization that are not captured by en, people of color, and people from employer’s culture. Examples of concepts the usual quantification tools (such other non-dominant communities for seeking change include the following: as billable hours) being valued and to succeed in the workplace and • What actions can legal employers promoted by leadership? advance to positions of influence take to attract and retain qualified • How do the leaders of a legal em- and leadership women, people of color, and people ployer instill a culture of raising from other marginalized communi- awareness and embracing recovery We look for a specific program, ties, while honoring each individual’s for substance abuse, addiction, and/ policy, or project The award will recognize a specific program, policy, or project that is successfully addressing one or more of the concepts Still waiting and values outlined above. We welcome nominations from all legal employers, including legal nonprofit/advocacy or- Bad investments? ganizations, in-house legal departments, government attorney employers, and private firms of any size. Nomination Information Nominations should include the following: information that will help the award committee evaluate the specific program, policy, or project of the employer; the markers of success for that program, policy, or project; and the names of people who can be contacted for further information. Please be sure to include copies of any policies, procedures, or other supporting documents. Nominations must be received via email by 5:00 p.m. Friday, June 7, 2019. Please send them to Val Tomasi, OWLS Trans- formation Committee chair: vtomasi@ tomasilegal.com. The 2019 award recipient will be hon- MCGAUGHEY ╫ ERICKSON ored during the OWLS Fall CLE on Friday, Securities Claims & Investment Disputes October 18, in downtown Portland. For more info, visit www. 503-223-7555 65 SW Yamhill St Suite 200, Portland 97204 www.law7555.com oregonwomenlawyers.org.

OREGON WOMEN LAWYERS AdvanceSheet 4 SPRING 2019 regon’s 80th Legislative Assembly result, programs that are not mandated kicked off on January 14 with but are valued by the community, such Oopening ceremonies and orga- as treatment courts and court facilitators nizational days, and hearings began the to assist and provide guidance, will be following week. It is expected to run eliminated. through the end of June. Because of these threats to the court This session started with both legis- system, the OSB has reinvigorated its lative chambers in Democratic hands, Citizens’ Campaign for Court Funding. with Democrats holding 38 seats in the This campaign supports the statewide House (Republicans hold 22 seats) and 18 By Susan E. Grabe coalition of citizens and business and seats in the Senate (Republicans hold 12), community groups formed to ensure giving Democrats a supermajority in both courts in Oregon are understaffed and adequate and stable court funding. chambers and a Democratic governor. unable to serve the public for the full Fully funding Oregon’s courts will The session has been dominated by business day. Courts have had to limit the allow the courts to meet service goals discussions regarding paid family leave, amount of time staff spend answering that have been unattainable for most affordable housing, and cap and trade, phone lines and providing assistance at of the last decade: as well as PERS liability and revenue re- service windows, and many courts are • Fill 80 staff positions that have been form. In the background, however, much now closed during the lunch hour, so held vacant due to budget reduc- of the attention has been on workplace that their staff can complete data entry, tions. harassment and the culture at the Cap- scheduling, posting notifications, and • Create 14 new judicial positions in itol, as well as pay equity issues related other necessary duties. order to meet timeline standards for to legislative staff. The first bills that the It is already taking longer to get judg- children in foster care and focus on legislature passed included a Medicaid ments and orders processed and entered, families and dependency cases. funding package for healthcare (HB 2010) which delays remedies for individuals and • Create 78 new staff positions to and SB 608 to ensure access to affordable affects lives. Timeliness and public access allow the courts to improve public housing and limiting rent increases and will continue to deteriorate if funding access. This includes ensuring that no-cause evictions. is not restored. Further reductions, as staff are available to answer phones, In early January, the Oregon State Bar proposed, will force courts to focus solely that counters are open 8 hours a Board of Governors adopted its 2019 on constitutionally mandated functions, day, and that judgments are entered Legislative Priorities and recommitted to such as criminal trials, dependency, delin- within 72 hours of their filing. advancing the bar’s 2019 Law Improve- quency, and certain family law cases. As a Continued on page 6 ment Package. The Oregon State Bar (OSB) looks forward to supporting its partners in the judicial branch in advo- cating for adequate funding for Oregon’s court system, civil legal aid, and indigent defense, as well as supporting the bar’s law improvement priorities. AMATO MEDIATION In early March, the co-chairs of the legislature’s Ways and Means Committee released their proposed budget, which is considered the starting point for the final budget package. The proposals call for a 5% reduction across state government, with the exception of healthcare and education. However, this translates LISA AMATO into more than a 6% cut to the Oregon DISPUTE RESOLUTION SERVICES Judicial Department (OJD) operations, since certain constitutionally mandated functions (resulting in, for example, ju- TELE 503.789.3262 dicial salaries, payments for interpretive EMAIL [email protected] services, and juror payments) may not be WEB amatomediation.com reduced. The result is a disproportion- ately higher reduction to the rest of the MEDIATION • ARBITRATION courts’ budget. The co-chairs’ proposed budget means further reductions in services to the public. Most of the OJD budget consists of pay for personnel who conduct court operations, so cuts to the OJD budget directly restrict access to justice. Due to the budget reductions that OJD sustained during the 2017–2019 biennium, the

OREGON WOMEN LAWYERS AdvanceSheet 5 SPRING 2019 Capitol Update continued from page 5 For more information on how to par- circuit court judges currently rank 46th dation in the report is to restructure ticipate in the Citizens’ Campaign for in the country in cost-adjusted salary. service delivery so that the majority of Court Funding, go to https://publicaffairs. Offering competitive compensation for trial-level public defenders are state osbar.org/court-funding/. Also, please judges is critical to attracting the most employees working for a newly created join us May 8 for the OSB’s Day at the qualified judicial applicants for the posi- state agency in the executive branch, Capitol, where we will meet with our tions. OJD has proposed setting Oregon rather than independent contractors, as legislators to talk about funding for the judicial salaries at a fixed percentage of is the case today. courts, indigent defense, and low-income federal judicial salaries to help eliminate Other Bills of Interest legal services. the need to return to the legislature year Although the bar submitted its own after year to address this problem. Court Facilities Law Improvement Package of bills this Cuts to court funding do not hit all A number of Oregon’s existing court- session, the Public Affairs Department court users evenly. As indicated above, houses are in desperate need of upgrade is also closely following a number of the courts are constitutionally mandated or replacement. Many are too small for proposed bills that directly apply to the to make certain payments (such as judi- the number of cases in their county, and practice of law or to a particular area of cial salaries, payments for interpretive even more do not meet modern standards law of interest to many practitioners. A for safety and security. Fully funded courts services, and payments to jurors), and handful of those bills are listed below. To will allow the OJD to: the courts are required to handle many find out more about the bills that have • Open the new Multnomah County criminal cases ahead of civil cases in been introduced this session, please see Courthouse on time and begin order to meet constitutional timeliness the bar’s list of Introduced Legislation by construction of new facilities in requirements. This can substantially delay Area of Law and visit the OLIS website. Lane, Clackamas, Benton, and Linn many civil and family law cases and puts To learn more about the OSB Public Counties. the staff that support them at risk. Affairs Department and the Law Im- • Maintain minimum security standards Indigent Defense provement Program activities, please go in every courthouse and provide seis- HB 3145 is a vehicle that will sub- to www.osbar.org/pubaffairs. mic protections and system upgrades stantially restructure the way in which We encourage you to engage in the for the Supreme Court Building. indigent defense services are provided legislative process. To find out more Judicial Salaries in Oregon. This bill comes as a result of about the bar process, please contact us Another important initiative in the OJD a report issued by the Sixth Amendment at [email protected]. budget is a request to improve funding to Center that identifies deficiencies in how Susan E. Grabe is the director of the Ore- ensure adequate judicial salaries. Oregon services are provided. One recommen- gon State Bar Public Affairs Department. House Bills The Oregon Women Lawyers Foundation, HB 2014. Restricts limitation on award the 501(c)(3) sister organization to OWLS, of noneconomic damages to claims in is proud to focus on educating and actions for wrongful death. HB 2239. Increases number of circuit supporting women and minorities in order to court judges in certain judicial districts. further their access to and participation in HB 2241. Authorizes chief jus- Thank You the justice system. tice of the Supreme Court to impose fees on public bodies for use for Supporting We fund the Armonica Law Student of certain electronic court services. the Book Grant, the Vernellia R. Randall Bar HB 2258. Directs Office of Governor to Exam Grant, the Justice Betty Roberts conduct study of family treatment courts and to report results to interim commit- OREGON Leadership Conference Grant, and the tees of Legislative Assembly related to Janis Hardman Medical Support Grant. human services on or before September WOMEN 15, 2020. Remember the OWLS Foundation and HB 2614. Repeals driving privilege LAWYERS give a lasting legacy. Join the OWLF suspension and eliminates imposition of Legacy Society. driving privilege restrictions for failure FOUNDATION to pay fine. Visit www.owlsfoundation.org/donations HB 2615. Repeals statutory authority for nonunanimous jury verdicts in criminal trials. HB 3388. Modifies annual salaries of judges of Supreme Court, Court of Ap- peals, circuit courts and Oregon Tax Court. HJR 10. Proposes amendment to Oregon Constitution to allow juries to impose verdicts in criminal cases only by unanimous agreement. Continued on page 7

OREGON WOMEN LAWYERS AdvanceSheet 6 SPRING 2019 Rebecca Guptill OWLS Fall CLE on Pay Equity & Appointed to Bench 30th Anniversary Celebration on Oct. 18 n February 18, Governor Kate oin OWLS in Portland on Fri- Brown announced her appoint- Oment of Rebecca Guptill to the day afternoon, October 18, Washington County Circuit Court. Judge Jfor the annual OWLS Fall Guptill grew up in Waldport and earned CLE, followed by a special cele- her JD at Willamette University College bration in honor of OWLS’ 30th of Law. She was a trial attorney at anniversary. Harris Velázquez Gibbens, is a past pres- This year’s CLE will focus on pay ident of the equity. We have made progress Washington in the past 30 years, but we have County Bar more work to do. Maya Raghu, Association, and chairs the director of workplace equality Anne Milligan Maya Raghu Lawyers’ As- and senior counsel to the Nation- sociation of al Women’s Law Center, will open the program with a keynote address providing Washington historical context, defining key concepts, and explaining efforts around the country County, an in courts, legislatures, and companies. OWLS chap- Next, Laura Salerno Owens of Markowitz Herbold and Anne Milligan of the ter. Congratu- Portland City Attorney’s Office will bring the focus to Oregon and share practical lations, Judge tips from their years of experience. Attendees will then break into small groups to Guptill. Judge Rebecca Guptill engage in facilitated discussion of several topics, including knowing your worth and negotiating your pay. We want to hear your questions and concerns. Please email Capitol Update proposed questions and discussion topics to [email protected]. Questions and continued from page 6 topics will be used anonymously. Senate Bills Immediately following the Fall CLE, OWLS will host a reception celebrating our SB 318. Creates rebuttable presump- 30th anniversary. We hope that you can stay to connect with friends and join in the tion that equal parenting time is in best fun. For more information, please email [email protected]. interests of child. SB 371. Establishes pilot programs for purpose of appointing legal counsel for children in contested domestic relations proceedings. SB 385. Directs presiding judge of each judicial district to establish alternative dispute resolution conference procedure for custody and parenting time modifi- cations and enforcement proceedings. SB 608. Prohibits landlord from termi- nating month-to-month tenancy without cause after 12 months of occupancy. SB 684. Specifies requirements for covered entities that own, license, maintain, store, manage, collect, process, acquire or otherwise possess personal information, and for vendors that provide services to covered entities, to notify consumers of breach of security. SB 728. Includes insurance in definition of real estate, goods and services that Videoconferencing with Dual HD Monitors • Bluetooth Touchpad and Keyboard are subject to penalties for unlawful trade practices. Reliable technology SB 736. Modifies terminology in domestic relations proceedings regarding Paperless Document Sharing • Remote Witness/Counsel/Expert/Party custody of and parenting time with with customizable solutions. children. SB 969. Eliminates mandatory adult Live Streaming • Attend from PC, tablet, smartphone prosecution for certain offenses commit- Let us host your next videoconference deposition. ted when person charged is 15, 16 or 17 years of age at time of offense.

OREGON WOMEN LAWYERS AdvanceSheet 7 SPRING 2019 Roberts & Deiz Award Dinner continued from page 1 Thank You

2019 Roberts & Deiz Award Dinner Sponsors

Enjoying the event, at right (from left): Title Sponsor Mohammed Workicho, Paulson Coletti Trial Attorneys Hon. Stacie Beckerman, Colleen Munoz 30th Anniversary At right (from left): Platinum Sponsors Caprese Siler, Kelly Giampa, Alterman Law Group Jane Paulson, Ball Janik Alexis Andersen Barran Liebman Orrick Below (from left): Amber Hollister, Perkins Coie Jill Brittle, Schwabe, Williamson & Wyatt Karen Nashiwa, Kristin Asai Stoel Rives

Platinum Sponsors Davis Wright Tremaine Heritage Bank Keating Jones Hughes Markowitz Herbold Miller Nash Graham & Dunn OWLS Foundation Photos here and on page 1: Mike Reynolds, Dreams in Bloom Photography coupons for the Sisters of the Road Café, It was a wonderful event, and on behalf Gold Sponsors a nonprofit café located in Portland’s Old of the entire OWLS Roberts & Deiz Award Brix Law Town/Chinatown that works to create Dinner Committee, I’d like to thank all systemic change that will end poverty those who attended. We look forward Brownstein Rask and homelessness by providing nourish- to seeing everyone again at the dinner Bullard Law ing meals in a safe, dignified space. Elisa next year, on March 13. Garvey Schubert Barer encouraged everyone to invite the next Adele Ridenour, a partner in the Portland Gevurtz Menashe homeless person they encounter to share office of Ball Janik, co-chaired the 2019 Jordan Ramis a meal there. Roberts & Deiz Award Dinner Committee. For her part, Judge Tennyson spoke Klein Munsinger 1. The OWLS Roberts & Deiz Award honors about her unconventional path to the Larkins Vacura Kayser bench, noting that others’ paths would the legacies of both Justice Betty Roberts be different. Judge Tennyson emphasized (1923–2011) and Judge Mercedes Deiz Tomasi Salyer Martin the importance of finding one’s own (1917–2005) as promoters of those from Trainor Law path and seeking help when you need outside the dominant culture, including Yates Family Law it. She encouraged everyone to do what women, people of color, members of the makes them happy, even if that includes LGBTQ community, and people with disabil- watching television after work. She also ities. Justice Roberts was a leader in Oregon Silver Sponsors reflected on the various helpers she has politics, the first woman to serve on the Columbia Bank had in her own life, including her niece. Oregon appellate bench, and a beloved Kranovich & Lucero As part of the dinner program, the mentor and advocate to women lawyers. OWLS Foundation held a fundraising Judge Deiz was a trailblazer in our legal appeal and raffle that garnered over community, as the first Black woman admit- $55,000 in funding to support OWLS ted to the Oregon State Bar and the first Foundation grants. These funds will be woman of color on the Oregon bench. She used to provide scholarships and other overcame racial bias throughout her career financial assistance to law students out- and created opportunities for those who side the dominant culture. Thank you to might otherwise have been marginalized by all who donated. society to access careers and legal resources.

OREGON WOMEN LAWYERS AdvanceSheet 8 SPRING 2019 30 Years Ago, When OWLS Was Formed By Diane Rynerson o understand the role that Ore- gon Women Lawyers has played Tfor the past 30 years in the Ore- gon legal community, it is important to look at that community 30 years ago. When OWLS was incorporated in April 1989, Oregon didn’t have any other At a 1991 OWLS board meeting in Katherine O’Neil’s statewide affinity bar associations. There home (from left): Left: Agnes was no Diversity Story Wall at the Oregon Petersen, Armonica Gilford; State Bar headquarters. There had never Below: Kathleen Cushing, been a female president of the Oregon Barrie Herbold, Kathy Root, State Bar. Indeed, there had been only Kathryn Olney. three women lawyers on the OSB Board of Governors, and never more than one at any given time. No woman had chaired the OSB Profes- sional Liability Fund. Only one woman, Betty Roberts, had ever received the OSB’s highest award, the Award of Merit, which she shared with John Warden in 1987. There had never been a woman judge in many Oregon counties. Mercedes Deiz, the first woman of color to be admitted behind the scenes. This approach led to to make a difference in Oregon’s legal to practice in Oregon, was the sole female immediate results. Now, at 30 years of community. judge of color in Oregon 30 years ago. age, Oregon Women Lawyers is one of District Court Judge Aaron Brown was In 1990, Diane Rynerson became OWLS’ the nation’s newer statewide women’s the only male judge of color. first executive director. She is currently bar groups, but it is also one of the 10 Despite the lack of much visible the executive director of the National largest, giving us the strength to continue Conference of Women’s Bar Associations. progress in 1989, there was tremendous energy and desire to make a difference. Women and minorities had been entering law school in ever-increasing numbers since the 1970s. By the late 1980s, 34% of new Oregon lawyers were female. WE DON’T JUST SERVE THE The early success of Oregon Women Lawyers was the result of the collabora- tion of the new lawyers with the more ex- OREGON LAW COMMUNITY. perienced lawyers who served as mentors and guides to what needed to be done, WE’RE PART OF IT. creating the highest possible profile for the organization. The largest portion of the budget went to publication of the Ad- vanceSheet, which was distributed widely, including to public libraries. To the extent possible, the AdvanceSheet went to all Our expert lenders are here to help. judges and all women lawyers. (The latter From being active members of many Oregon law associations, to goal was made more difficult because serving as the preferred bank of the Multnomah Bar Association, we’re the Oregon State Bar hadn’t tracked bar committed to supporting the law community and helping your firm succeed. membership by gender.) Distribution of Our bankers understand the needs of attorneys and firms because they’ve the first membership directory in spring 1990 followed the same pattern. spent time getting to know them. See how good your relationship with a Specific goals, such as increasing the bank can be at ColumbiaBank.com or call 877-272-3678. numbers of women and minorities on the bench, making the practice of law more family friendly, enhancing women’s trial skills, and increasing the recognition and visibility of women and minorities in the legal profession, were addressed Member FDIC Equal Housing Lender by mentoring, educational programs, and advocacy, done both publicly and

OREGON WOMEN LAWYERS AdvanceSheet 9 SPRING 2019 ecently, I put my name in for a seat erty. With her on the Oregon Supreme Court to THE JUDGES’ FORUM leadership, Rfill an opening that would result Texas passed from the retirement of one of two men the Married then sitting on the seven-person court. Woman’s Consequently, I had the opportunity to be Property asked the question, rather often, whether Rights Law in I thought it possible that Oregon would 1913, allow- be the first state to seat an all-women ing women to state supreme court. I answered, “No.” Judge Beth A. Allen manage their Not because we were not on the cusp Multnomah County Circuit Court own proper- of that possibility if I or another woman ty. Although Judge Beth A. Allen applicant was appointed. Rather, because Ward contin- the 38th Texas Legislature; and Associate another state has already done it. “Wash- ued practicing law after her short-lived Justice Hortense Sparks Ward of Houston, ington?” was the inevitable follow-up appointment to the Texas Supreme Court, an attorney in practice with her husband. query. No, not Washington. “California?” she never appeared with a client in a However, Justices Robertson and Wilmans No, not even that progressive state has courtroom, for fear her gender would had to resign because they fell short of had an all-female high court. It was Texas, prejudice her clients. the required seven years’ practice. Two and it was nearly 100 years ago, in 1925. Although Texas had the first all-female more women were then appointed, Dallas As you might expect, this all-women highest state court in the nation, Texas lawyer Hattie Leah Henenberg and Ruth state supreme court did not occur organ- women lawyers had to wait until 1982 Virginia Brazzila. Justice Ward then was ically. This unique scenario resulted when before the next female justice was ap- elevated to special chief justice, and the a case arose in which all the then-mem- pointed to that court. And since then, three resolved the case, Johnson v. Darr, bers of the Texas Supreme Court recused only seven more women have served 114 Tex. 516 (1925). themselves because they were members on the Texas Supreme Court. And while The specially comprised bench lasted of a party in the suit, the fraternal orga- currently women make up half of all law about five months. During that time the nization Woodmen of the World (WOW). students nationwide, less than one-third male members of the Texas Supreme As a result, Governor Pat Morris Neff of all state judges are women, according Court continued conducting the other was required to appoint special justices to the Gavel Gap, a report from the business of the court. One reporter noted to hear the case. During the following 10 American Constitution Society. the women’s court was “no freak affair, months, he attempted to do so. However, On a personal note, a very interesting but a tribunal thoroughly competent to each time he offered an appointment to distinction revealed itself to me as the sit in judgment and reach a conclusion a male judge or attorney, the response possibility of an all-female Oregon Su- just as sound as a decision might have was that he, too, was a member of WOW preme Court was being discussed. Nearly been made with all the Mr.’s since Adam and therefore disqualified from serving. every woman lawyer who considered the stacked behind it.” One week before the case was sched- prospect thought it appropriate, should Not surprisingly, there was also gratu- uled to be heard, the governor, himself the female contenders be the best quali- itous commentary on the female justices’ an attorney, had an novel idea: Appoint fied for the spots, and all noted that such appearances, with a reporter in 1925 not- women, as women were not permit- an occasion would rightfully turn the ing the women “were a good deal better ted to be members of WOW. That the tables on centuries of exclusively male looking than the Supreme Court which governor considered the possibility was appellate benches. Most male lawyers, regularly deliberates on the third floor not surprising, as he had already begun however, focused on the political risk to of the capitol.” That quote was reported implementing a policy of appointing one the governor if she took such a gamble, in a 2017 article about the all-female or more women to all state boards and presumably even if the most qualified court. The reporter of the 2017 article commissions. “I am in hopes that this applicants for the next two openings ironically added, referring to a portrait recognition of the womanhood of the were women. Few men thought that of the women that was published with State as attorneys will be helpful in many appointing two more women would be the article: “[T]he three women look at ways to those women, wherever they may perceived as fair. ease sitting behind [sic] on the bench. be, who are fighting single-handed the Although the men may be right, I’m battles of life,” Governor Neff wrote in a Ward wears a string of pearls.” not prepared to concede that point. And letter about the all-women court. Notwithstanding the irrelevant focus I’m in good company when you consider Although the legality of appointing on looks and gender, all five women were U.S. Supreme Court Justice Ruth Bader women was questioned by some, the quite the trailblazers otherwise, as well. Ginsburg’s statement on when there will only eligibility requirements under Texas For example, Ward was the first woman be enough women on the U.S. Supreme law for appointment to the court were in Texas to pass the state bar exam (1910), Court: when there are nine. that the person be at least 30 years old and she was the first Texas woman admit- I hope that someday there will again and have practiced law in Texas for a ted to practice before the U.S. Supreme be a state’s highest court that is composed minimum of seven years. Court (1915). Ward is said to have drafted of only women—maybe our own. But The women initially appointed were Texas’s suffrage bill, which passed the now you know it won’t be the first. Nellie Gray Robertson of Granbury, the Texas Legislature in 1918, and she was county attorney of Hood County, who the first woman in the history of Harris Author’s note: Much of the information for this story comes from Alice G. McAfee’s was initially designated as special chief County to register to vote. She also was article “The All-Woman Texas Supreme Court: justice; Associate Justice Edith E. Wilmans an outspoken critic of laws that gave men The History Behind a Brief Moment on the of Dallas, who had been a member of complete control over their wives’ prop- Bench,” 39 St. Mary’s Law Journal 467 (2008).

OREGON WOMEN LAWYERS AdvanceSheet 10 SPRING 2019 Meet Lane County Circuit Court Judge Debra Velure By Joslyn Keating s Debra Velure perused a Disney- Velure makes a concerted effort to pay land gift shop in mid-August 2018, it forward and mentor other attorneys, Athe “happiest place on Earth” got particularly female attorneys and those a little happier. She received a phone call from underrepresented cultures. that she had long anticipated. The caller She has also focused on attorney out- ID displayed “Salem,” so she answered. reach in other ways. In 2000–2001, she She was met by a cheerful voice announc- served as the OWLS president. During ing, “Hi. This is Kate.” It was Governor that time, she spearheaded a judicial Kate Brown calling about the position on endorsement program involving a nation- the Lane County Circuit Court left vacant wide survey and candidate interviews. by retiring Judge Karsten Rasmussen. She also supported the effort to expand Less than a week later, Judge Velure was OWLS statewide and be more inclusive sworn in as a Lane County Circuit Court of local chapters. judge. In November’s general election, After clerking for Judge Van Ryssel- makeup of attorneys in Lane County. The she ran unopposed and secured the po- berghe, Judge Velure spent the next 24 Lane County Circuit Court also features sition for a full six-year term. years working primarily as a litigation a majority-women bench, with nine out During the 1970s and 1980s, Judge attorney in Eugene and Portland, pur- of 15 judges being women. Velure grew up on a small farm in Mc- posefully gaining trial experience that When asked for words of advice to Minnville. She looked after sheep and would prepare her for a judgeship. She newer attorneys, Judge Velure offered pigs and participated in 4-H and Future recalls that early in her career, it was this: “You only have one reputation.” Farmers of America. She also joined her “special” to be a female attorney in Lane She urges attorneys to filter everything high school debate team and participat- County, as male attorneys vastly out- they do through the consequences of ed in productions at a local community numbered female attorneys. A group of their actions. On her part, Judge Velure theater. Through these experiences, Judge Velure’s contemporaries set out to aims to be the type of person with whom Judge Velure developed leadership and change that. They strived not to “be like you would want to have coffee. public speaking skills. Encouraged by her the boys,” but to be excellent, and they Joslyn Keating is an attorney for Cummins father’s 25-year career in the U.S. Navy, succeeded. Judge Velure has observed Goodman Denley & Vickers in Newberg. she also developed a keen interest in the fruits of their labor in the current She represents employers and businesses. serving the public. After high school, Judge Velure attended Oregon State University on an agriculture scholarship. She graduated in 1989, but had not yet committed to a career path. Her father lamented that she had become listless—staying out too late Say hello to and neglecting her chores. During one Tania Manners, argument, he lovingly suggested that she put her arguing skills to use and become experienced trial lawyer, a lawyer. The suggestion stuck, and Judge Velure began law school at the University skilled negotiator, and now, of Oregon, graduating in 1993. After law Of Counsel at our firm. school, she clerked for Lane County Circuit Court Judge Pierre Van Rysselberghe for Tania joins our team of trial a year. It was during this clerkship that attorneys representing Judge Velure first developed an interest in becoming a judge. businesses, individuals, and The clerkship that Judge Velure had insurers in complex litigation. with Judge Van Rysselberghe also taught her the value of formal and informal Welcome, Tania! mentoring relationships. Over the span of Judge Velure’s 25-year legal career, Judge Van Rysselberghe has mentored her and taken an active role in several of her major life events. He swore her in to the Oregon State Bar, officiated at her marriage ceremony, presided over her son’s adoption ceremony, and swore her in as a judge. Appreciating the value rizzopc.com | 503-229-1819 of this mentoring relationship, Judge

OREGON WOMEN LAWYERS AdvanceSheet 11 SPRING 2019 Thank You, Outgoing OWLS Board Members

Amber Hollister Megan Burgess Aruna Masih Val Tomasi he OWLS Board of Directors expresses its gratitude to four outgoing board members: OWLS Immediate Past President Amber Hollister, OWLS Treasurer Megan Burgess, Aruna Masih, and Val Tomasi. T Amber joined the board in May 2011. She has just concluded her term as OWLS’ president. She had previously served as vice president, treasurer, and historian. During her board service, Amber chaired the Nominations Committee and the Finance Committee, co-chaired the Awards Committee and the Roberts & Deiz Award Dinner Committee, founded the Working Parents Committee (on which she still serves), and chaired the 2018 Fall CLE Committee, highlighting and educating about the Oregon refugee experience. Megan Burgess joined the board in May 2010 and has served as treasurer for the past two years. She chaired the Finance Com- mittee, co-chaired the Membership Committee, and continues to serve on the Membership and Working Parents Committees. Aruna Masih joined the board in May 2014. She served on the Nominating Committee and continues to serve on the Trans- formation and OWLS IN Committees. She is also serving as a coalition member planning the Time’s Up Oregon program that will take place on May 8 in Portland. Valerie Tomasi joined the board in May 2013. She chairs the Transformation Committee and serves on the Leadership and 2019 Fall CLE Committees. She has also served as a panelist for several OWLS events. OWLS Member Connie Jarvis Has Died By Carol Macbeth WLS member Constance “Connie” Jarvis passed away on January 4 Oat the age of 88. Connie grew up in Portland and graduated from Grant High School, Whitman College, and the PROUDLY ANNOUNCES THE GRAND OPENING OF University of Washington School of Law. She was admitted to the bar in 1956, ITS NEW PEARL DISTRICT LOCATION! joined the family law practice of the late Bernice Johnson, and practiced law in Seattle, where she met her late husband, Jack Jarvis, with whom she moved back to Portland in the 1960s. Connie practiced family law for de- cades in Portland, as the head of her own law firm, and argued numerous family law cases before the Ore- gon Supreme Court. After retiring to Bend in 1996, Connie was a family law mediator for the Oregon Court of Appeals and regularly attended 1211 NW GLISAN STREET, SUITE 203 the Bend Inns of Court. She traveled each summer to study literature and history at PORTLAND, OR 97209 the University of Cambridge. Her friends will treasure her memory always. 503.847.2900 – www.elizabethchristy.com Carol Macbeth is a staff attorney for Central Oregon LandWatch in Bend.

OREGON WOMEN LAWYERS AdvanceSheet 12 SPRING 2019 Doing Well by Oregon Innocence Project at QB Doing Good: By Anne Milligan ueen’s Bench (QB), the Multnomah County The Commons chapter of Oregon Women Lawyers, hosted its Law Center Qmonthly networking lunch and CLE on Feb.12 at the federal courthouse in Portland. The theme of QB’s By Adrian Brown 2019 lunch series is “Crime and Punishment in Oregon.” ike most attorneys in private prac- Over 30 people attended the event, which featured tice, Kate Kilberg and Kimberly Steve Wax, legal director of the Oregon Innocence LPray, founding partners of Cata- Project (OIP), and Brittney Plesser, OIP staff attorney. lyst Law in Portland, had to turn away The OIP was launched in 2014 as a project admin- potential clients who could not afford istered by the Oregon Justice Resource Center. With their market-rate legal services. Those a paid, in-house staff of just two attorneys, the OIP Oregonians likely did not qualify for provides pro bono legal assistance to Oregon inmates legal aid either. This is the legal services who assert factual innocence, when there is the pos- gap—the space between Oregonians who sibility of proving innocence. There are over 14,000 Brittney Plesser, Steve Wax make up to 125% of the federal poverty people incarcerated in Oregon, and hundreds of men index, and therefore qualify for legal aid, and women have written to the OIP with claims of innocence. and the few who can afford Portland’s Brittney, who previously worked for the California Innocence Project, noted that median $300-per-hour legal fees.1 every state’s criminal justice system is vulnerable to the issue of wrongful convictions Indeed, a recent study measuring the as a result of poor witness memory, mistaken eyewitness identification, false or co- civil legal needs of low-income Ore- erced confessions, withheld exculpatory evidence, and invalidated forensic science. gonians concluded that about 84% of Steve discussed the OIP’s September 2018 exoneration of Josh Horner, who was persons surveyed with legal issues did not accused of child sex abuse and ultimately sentenced to 50 years in prison. Mr. Horner’s receive legal help of any kind.2 Moreover, exoneration was the first obtained by the OIP. His full story can be readhere . even if an individual does qualify for legal Queen’s Bench lunch CLEs take place the second Tuesday of every month at the aid, there is no guarantee that a lawyer federal courthouse in Portland; lunch reservations can be made at our website. Keep will be available. The same study also con- up to date with Queen’s Bench and watch our lunches captured via FacebookLive cluded that for every 14,000 poor people any time by liking our Facebook Page. in Oregon, there are only two legal aid Anne Milligan is a deputy city attorney at the City of Portland and president-elect of QB. lawyers. The national standard set by the American Bar Association is two legal aid lawyers for every 10,000 poor people. The Oregon Bar Futures Task Force put the number of un- or under-lawyered Ore- gonians at 1.2 million people annually.3 Kate and Kimberly had founded their private law firm with the vision of creating a practice that focused on promoting social change and sustainable communities. The legal services gap was not something they could walk away from; instead, they looked for a way to build a bridge. With their mantra “do well by do- MEDIATION ing good,” they launched the Commons A RBITR A TION Law Center (CLC), a 501(c)(3) nonprofit law firm, in 2016. The mission: to revo- lutionize access to basic legal services, 25 years civil and criminal education, and support for underserved trial experience. Oregonians by offering sliding-scale legal services to income-qualified people. And, in the process of that work, the nonprofit firm provides robust practical training for law students and new lawyers. The CLC is truly a rising star in filling MULLEN ADR the legal services gap, due to Kate and [email protected] Kimberly’s vision, as well as Amanda Caffall, the CLC’s executive director. The 503-901-6199 CLC provides sliding-scale legal services to modest-means clients and thus serves Molly Jo Mullen as a complement to pure pro bono Continued on page 16

OREGON WOMEN LAWYERS AdvanceSheet 13 SPRING 2019 OWLS and Friends Celebrate Diversity on the Bench By Rebecca Ivanoff

The judges honored at the reception were (seated, from left) Hon. Mustafa Kasubhai, Hon. Rafael Caso, Hon. Melvin Oden-Orr, Hon. Andrew Lavin, Hon. Adrienne Nelson, and (not in photo) Hon. Raymond Crutchley and Hon. Jolie Russo. The student presenters were (standing, from left) Lauren Lewis, Cristela Delgado Daniel, Amanda Haines, Demetrius Johnson, Jon Harlan, and Jessica Gutierrez.

Photo: Nina Johnson Photography Hon. Julia Philbrook (right) served as MC. n February 8, the OSB Diversity Section, OWLS, and the Lewis & Clark chapter of the American Constitution Society hosted a two-hour CLE and reception celebrating diversity on the Oregon bench. Panelists included law professors and Odiverse judges from across the state, who shared personal accounts of their journeys to the bench and insights into the importance of enhanced diversity among the judiciary. Despite progress in recent years, there is still more work to be done to ensure that Oregon’s bench reflects the diversity of the bar and community. Want to help? Mentor diverse attorneys and law students. Discuss a career path that includes judicial service, and normalize the vision of that service. Then, encourage talented, diverse lawyers to apply for open seats. The appointment process is a chal- lenging one. Be there to offer support for diverse candidates during and after the process, regardless of the outcome. We each have a part to play in diversifying our judiciary, and these small investments can yield big returns. So You Want to Talk about Race By Ijeoma Oluo (Seal Press, 2018, 256 pages) Book Review by Bridget Budbill jeoma Oluo’s 2018 book, So You and unintentional racist acts, Oluo uses Oluo also notes that “even with all of Want to Talk about Race, conveys the example of being punched in the arm, your practice and with the best of your Itwo essential lessons: (1) how to have over and over again, in the same place. intentions, there will be times when all complicated conversations about race Though the first three punches may have of this goes to shit.” What should you do and (2) why learning to do so is critical- been unintended bumps—for example, when conversations about race, indeed, ly important. Oluo tackles the subject swinging one’s arm too freely while on go “to shit”? Oluo suggests, among other matter head-on, dedicating chapters to a bus and hitting someone—the fourth things, that you not insist on being given issues such as “What if I talk about race intended as a “joke,” and only the fifth credit for your intentions and, of course, wrong?” “Why am I always being told an intentional punch, all five punches that you apologize. to check my privilege?” and “I just got impacted the person absorbing them. Oluo also freely acknowledges that called racist, what do I do now?” People of color may find Oluo’s sugges- some readers will chuck her book out the White readers, like me, may find Oluo’s tions for how to address overt and subtle, window when confronted by some of her thorough examination of the facets of intentional and unintentional racism conclusions. She challenges those readers and relationship between privilege and helpful, particularly regarding how to to continue on, noting, “Every day you racism helpful in better understanding challenge racist behaviors constructively are given opportunities to make the the insidious, corrosive properties of and how to unpack the aggregate effects world better, by making yourself a little both. Oluo carefully maps out why and of living through racist incidents time uncomfortable and asking ‘who doesn’t how even the most well-intentioned and time again. have this same freedom or opportunity people hold and act on racist beliefs, even In explaining to readers the difficulty that I’m enjoying now?’” without recognizing that they hold such of learning to talk about issues of race, Perhaps one of the strongest elements beliefs and without any perceived malice Oluo is candid. “You’re going to screw of Oluo’s writing is its earnest accessibil- toward others. this up royally. More than once,” she ity, laced with both wrenching personal Importantly, Oluo explains that an writes. To that end, her basic tips for anecdotes and occasional humor. In en- individual’s intent is irrelevant in calcu- people (especially people with racial couraging readers to tackle discussions lating the social harms of racism because, privilege) who seek to have constructive of race, she reminds us that “[t]hese con- among other reasons, the harms suffered conversations about race include stating versations will always be hard, because by both an individual person and commu- your intentions; asking yourself whether they will always be about the hurt and nities of color are the same, intended or you’re trying to be right or trying to be pain of real people.” not, and these harms are cumulative. To better; and, if you start to feel defensive, illustrate the cumulative nature felt by stopping to ask yourself why you feel Bridget Budbill is a program analyst at people of color experiencing intentional that way. the Oregon Criminal Justice Commission.

OREGON WOMEN LAWYERS AdvanceSheet 14 SPRING 2019 A Week in Tijuana with Al Otro Lado By Kathryn Olney he Uber driver picked up me nizational efforts and legal observing. and my travel companion, an Their needs were so great that I would Timmigration lawyer from Mas- be able to help. I signed up, for the first sachusetts whom I had met on a Face- week in January 2019. book page for volunteers, and drove My application to volunteer was ac- us to downtown Tijuana on a Monday cepted, and my instructions came: one morning. On the way, he pointed out an sheet, two sides. I was advised on how empty lot crowded with camping tents. to arrive in Tijuana (walk over the border “Los Hondurenos.” Perhaps we had heard from the outlet mall, and get an Uber), of them? We were noncommittal; we’d where to stay (in an Airbnb), and when to been told that the permanent residents show up (Monday, 10 a.m.). Beyond that, of Tijuana didn’t like the migrant caravan, there was no information; they were busy and we were trying to keep our purpose triaging on the ground and couldn’t an- there vague. swer questions about what things would Who hasn’t heard of “the caravan”? It look like weeks in the future. So I signed consists of Hondurans, yes, but also Gua- up for the Facebook page, cold-called a the third and fourth floors, Al Otro Lado temalans, Mexicans, and El Salvadorans. couple of people who posted there about provides its services. All of this is reached It’s been the focus of attention since Sep- their experiences, found my new best by one set of narrow, circular concrete tember 2018, as a political talking point, friend from Massachusetts, and went. stairs, which give the Caracol (Spanish as the latest data point in a slow-motion Monday morning, Love and I showed for “snail”) its name. humanitarian crisis, and as a focus of the up at Enclave Caracol, a four-story con- The floors are large concrete rooms OWLS Special Subcommittee on Family crete building in central Tijuana. On the with large windows. The third floor has Separation. I’m not an immigration law- bottom floor is a vegan soup kitchen a wall of mirrors, about 100 mismatched yer, but I’d been steeping myself in the run by Food Not Bombs. A rotating folding chairs, a dozen white plastic fold- immigration crisis for most of 2018, look- group of medical personnel run a clinic ing tables, and a corner full of donated ing for a way that a non-Spanish-speaking for migrants on the second floor, which toys and art supplies. The fourth floor is insurance defense attorney could help, also houses the Enclave members. On Continued on page 16 and not get in the way. The caravan was not the first wave of migrants to come to Tijuana, not by a long shot. The city is the busiest land border crossing for those seeking asylum in the world. But the caravan brought a new swell of people into town, and both the U.S. and Mexican governments had reasons to try to make political hay from their presence. Thus, the usual process of asylum seeking was being PROUDLY WELCOMES ATTORNEYS: deliberately slowed, and with nowhere to go, the migrants were filling shelters and empty lots. Al Otro Lado (“The Other Side” in Spanish) has been working in Tijuana since 2012, first as an informal alliance be- MINDY STANNARD tween two attorney friends, one working in California, the other in Tijuana. Since AND then it has grown into a 501(c)(3) nonprofit run mostly by a group of volunteers who collaborate on preparing people JENNIFER PECKHAM for their “credible fear interviews,” as well as working on cases to get U Visas, on bond hearings to get people out of detention, and to assist families with aspects of reunification in Mexico. In November, with the caravan moving into Tijuana, Al Otro Lado put out a new call for volunteers. They needed immigration lawyers and Spanish speakers, but NOW ACCEPTING NEW CLIENTS AT OUR NEWLY-OPENED PEARL DISTRICT LOCATION also people speaking other languages 503.847.2900 - www.elizabethchristy.com and people willing to help with orga-

OREGON WOMEN LAWYERS AdvanceSheet 15 SPRING 2019 A Week with Al Otro Lado continued from page 15 Doing Well & Good the cramped office, housing a conference Going on around us, often at a roar, continued from page 13 table, around which volunteers cluster was the sound of 8 to 20 credible fear programs. While legal aid serves as a over donated laptops, and a tiny open-air interviews being conducted simultane- safety net providing legal services to the patio strung with Mexican fiesta flags, ously. They were done in six languages most underprivileged members of society, which serves occasionally as a wedding that week, for clients from 16 countries. the CLC provides “low-bono” services venue for immigrants. The plumbing is We saw Russian, Turkmen, and Kyrgyz to help keep people from falling even old and cannot handle any paper. This is citizens; Yemeni, Somali, Mauritanians, further into poverty. the stripped-down home of a bare-bones and Ghanaians; Haitians and one Cuban; The result: the CLC is thriving. Its goal nonprofit at the center of a burgeoning a Venezuelan. And five out of every six is that each of its legal services programs crisis. As people like to say, they spend people were from Central America. be self-sustaining from earned fees, even every day building a plane at 40,000 feet, From the corner we heard the chatter vastly reduced fees. Thanks to pro bono which is both burning and flying. and laugher of children coloring, playing lawyer partners, who help train and men- I had been told that I’d be a new vol- with cars and balloons, and stringing tor lawyers working for the CLC, the firm unteer on the first day, and a veteran butterfly beads into bracelets. has been able to offer legal services that on the second. This was exactly true. As On my third day there, we conducted are below market rate, on a sliding scale a non-immigration lawyer, I was soon a wedding for a Honduran couple, and based on adjusted gross income, and in assigned to the documentation team. on day four, we did two more. (Honduras just two years, its family law program has This team scans the notes from each in- recognizes civil marriage by statement of become self-sustaining. In the process, dividual client’s credible fear interview, intent after a couple has lived together as the CLC is training tomorrow’s lawyers along with any important papers they common law spouses for three years. The on how to build innovative, profitable, want scanned. These included birth and U.S. should recognize as valid a marriage and community-oriented practices of marriage certificates, death certificates, done in accordance with the laws of the their own. The center recently hired its government-issued ID cards, and often home country. Al Otro Lado hopes these first new lawyer fellow, who will take newspaper articles and photographs. The weddings help couples get their asylum the lead on individual matters, working latter were not photographs of happy cases linked, but doesn’t know for sure alongside pro bono partners, who help family occasions, but instead they docu- whether that is happening.) provide quality assurance, and student mented the atrocities from which the mi- More than 200 individuals and families law clerks, who gain valuable experience. grants were fleeing. I almost immediately passed through the meeting room of How can you help the Commons Law uncovered an unknown superpower: I Al Otro Lado while I was there. I saw Center continue to bridge the gap in legal could look at these pictures to make sure them parenting sweet children in cir- services to Oregonians? I scanned them in their entirety and in cumstances that would overwhelm me, 1. Refer clients to the CLC. Send this focus, without actually allowing my brain attending to one another, and hoping article to lawyers in family law, estate plan- to see the details. The bundle of scanned that their suffering had an end in the ning, probate, nonprofit, or small business documents was then uploaded to the United States. I saw people I’d welcome law, or send a link to the CLC’s website: cloud via an Immigration Law Lab soft- as neighbors. People. https://thecommonslawcenter.org. ware program, and the client was given Al Otro Lado is welcoming volunteers 2. Be a pro bono partner. Help train a password. That way, if the documents for weeklong (or longer) stints. There’s fellows and law clerks to be great lawyers. were lost, stolen, or “mislaid” by officials, another caravan forming and moving If you are interested in serving as a pro the client had a copy. through Guatemala as I write this in bono partner, send an email to hello@ On day two, the documentation lead January. If you can’t go, donate. If not to thecommonslawcenter.org or sign up here. (a volunteer who had been there for this organization, to another. Help them 3. Donate! In 2019, the CLC hopes to three weeks) announced that Wednesday build the plane and put out the fire. add a second new lawyer fellow, host a would be her last day, and asked me to dozen law clerks, respond to the need to train to be the lead. Wednesday through Kathryn Olney, an OWLS board member, provide “unbundled” legal services on Friday I was the lead, and on Friday I has practiced insurance defense and limited issues in a case as a step between trained Shane to replace me. workers’ compensation law for 31 years. full legal representation and no legal representation, and expand its practice Need help with a big case? Want to take a vacation? to address tenant-side housing issues. Contact the OWLS Contract Lawyer Service. We can help! Adrian Brown is an assistant U.S. attorney and treasurer of Queen’s Bench. Contact us with project/job information. 1. Oregon State Bar and Portland State We immediately post the announcement to our University Survey Research Lab, Oregon contract lawyer listserve. You are promptly contacted State Bar 2017 Economic Survey: Report of by contract lawyers who meet your criteria. No fee to Findings (2017). post jobs or projects. You pay the contract lawyer you 2. Oregon State Bar and Portland State Uni- hire. OWLS contract lawyers are statewide. versity Survey Research Lab, Barriers to Jus- Many levels of experience. Many types of expertise. tice: A 2018 Study Measuring the Civil Legal Needs of Low-Income Oregonians (2019). FForor momorere iinformationnformation oorr ttoo ppostost a jjob,ob, contactcontact 3. OSB Futures Task Force, Future: The Fu- CassondraDiane R Sumrallynerso nat: 50503.841.57203.841.5720 oror [email protected]@oregonwomenlawyers.org ture of Legal Services in Oregon: Executive Summary (2017).

OREGON WOMEN LAWYERS AdvanceSheet 16 SPRING 2019