NOVEMBER/DECEMBER 2016 | VOLUME 17 TACOMA-PIERCE COUNTY BAR ASSOCIATION PIERCE COUNTY LAWYER
Coach Ellis
Lisa and Pat Palace
Nelson Frayley
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Rich Milham Morgan Chaput happy life
Star Wars Convention Review PAGE 10 • Editorial PAGE 15 • CLE Tear-Out Forms & Flyers PAGE 23 • Health Articles PAGE 32 CONNELLY LAW OFFICES Offices in Tacoma & Seattle, WA | www.connelly-law.com
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TRUTH | JUSTICE | ACCOUNTABILITY | EQUAL ACCESS The Pierce County Lawyer is published CONTENTS 6 times per year as a service to the membership of the Tacoma-Pierce County Bar Association
FEATURES DEPARTMENTS 2016 BOARD OF TRUSTEES Matthew H. Thomas, President T. Diane Clarkson, Vice President 10 4 Kenneth W. Blanford, Secretary-Treasurer John R. Christensen, Immediate Past President 2016 Convention Report President's Page Ryan Hogaboam, President, Young Lawyers Section by John Christensen by Matthew Thomas Barbara McInvaille, Family Law Section Liaison James W. McCormick, Trustee 7 Sophia M. Palmer, Trustee 15 Sarah E. Richardson, Trustee Animals Need Editorial - Heather R. Straub, Trustee Protection Orders Also The Stakes Are High John R. Wilson, Trustee by Commissioner Diana Kiesel by Andrea McNeely Antoni H. Froehling, Trustee *Maureen C. Goodman, *Philip E. Thornton, Criminal Law Section Liaisons 8 *Mark V. Brady, Volunteer Legal Services Liaison and Minority Bar Association Liaison 17 Briefly... A Word from the *Lynn Johnson, Collaborative Law Liaison Charlie Brown's Executive Director *Presiding Judge Frank E. Cuthbertson, *Judge Ronald E. Culpepper, Christmas +40 by Kit Kasner by George Kelley *Judge Stephanie A. Arend, *Commissioner Diana L. Kiesel, with edits from the Editorial Board Judicial Liaisons - Pierce County Superior Court 22 *Presiding Judge Margaret Vail Ross, Judicial Liaison - Pierce County District Court *Judge David Ladenburg, Judicial Liaison - Tacoma Municipal Court Young Lawyers Report *Ingrid McLeod, WA Women Lawyers Liaison 18 by Ryan Hogaboam Discharge Review Boards *Keith M. Black, WSBA, Governor 6th District Liaison (* non-voting members) by Steve Krupa 27 PIERCE COUNTY LAWYER MAGAZINE COMMITTEE Law Library News Matthew H. Thomas, Editor-In-Chief/Publisher 20 by Laurie Miller George Kelley, Co-Editor TPCBA Survey Results Andrea McNeely, Co-Editor by John Wilson 31 John Christensen, Dawn Farina, David C. Snell, Antoni H. Froehling, Tom Oldfield, Heather Straub, Paula T. Olson, Mark Lindquist, Friend Committee Salvador A. Mungia, Ken Blanford, Diane Clarkson by Sarah Richardson 28 News contributions, information, advertising and letters to Profile: the editor are welcome. Readers are encouraged to submit Howard Comfort III letters to the editor on any topic. All submissions may be edited 45 at the discretion of the Editor and PCL Committee and may by John Christensen Classifieds be published on a space available basis.
The opinions expressed by the authors in the Pierce County Lawyer magazine do not necessarily reflect the official position 32 46 of the Tacoma-Pierce County Bar Association. Advertisers are Health - Zen Lawyer not necessarily endorsed by the TPCBA. TPCBA Members by Mark Lindquist The Pierce County Lawyer Committee reserves Tell Their Personal the right to refuse advertising. Fitness Stories SEND ALL CONTRIBUTIONS TO:
Tacoma-Pierce County Bar Association 40 Pierce County Lawyer Magazine The TPCBA First Tower, 621 Tacoma Avenue South, Suite 403 Guardianship Committee Tacoma, WA 98402-2301 Leads the Way FOR INFORMATION ABOUT ADVERTISING CONTACT by Lindy Laurence KIT KASNER AT (253) 272-8871 OR [email protected] Administration (253) 272-8871 Lawyer Referral Service (253) 383-3432 ON THE COVER: FAX (253) 627-4718 Healthy Body + Healthy Mind = Attorney’s Lounge, Room 238, (253) 573-0609 Healthy Life www.TPCBA.com Volunteer Legal Services 621 Tacoma Avenue South, Suite 303 Tacoma, WA 98402 designed by (253) 572-5134, [email protected]
November/December 2016 | PIERCE COUNTY LAWYER 3 PRESIDENT’S PAGE
THE ART OF RUNNING
“What was the secret, they wanted to know; in a thousand different ways they wanted to know The Secret. And not one of them was prepared, truly prepared to believe that it had not so much to do with chemicals and zippy mental tricks as with that most unprofound and sometimes heart-rending process of removing, molecule by molecule, the very tough rubber that comprised the bottoms of his training shoes. The Trial of Miles; Miles of Trials.” - John L. Parker Jr., Once a Runner
he theme of this issue of our happily agreed. I have summarized his magazine is health. So, we have answers from our interview below. invited members of the TPCBA to Tsubmit short articles describing what they What advice would you give someone do to stay in shape. (pgs. 32-39). On the who is not in condition and wants to take subject of fitness, for those of you who are up running? Start by walking. If you want runners or who wish to be runners, there to be able to run for 30 minutes, first start is a running coach I would like you to walking for 30 minutes. meet. His name is Matt Ellis and I think it is fair to characterize him as Tacoma’s unofficial dean of running.
Ellis ran cross country and track at the University of Puget Sound, where he earned All-American honors in 1994. After graduating, he took a job teaching history at Bellarmine Prep in Tacoma. He Paving began coaching the girls’ cross country our path team in 1998 and his teams have gone to State every year since. He is now the head Forward coach for both cross country and track and field and was named the Washington State Cross Country Coach of the Year in 2005 and 2013, and the Track Coach of the Coach Ellis coaching at a cross country meet. Year in 2009. How about someone who is already In his spare time, Ellis still runs competi- jogging three or four times a week, how tively and has won the Napa Valley and the can they improve as a runner? Try to add Capital City Marathons. Ellis also coaches another day of running to your schedule the Tacoma City Running Club, a team so that you are running five or six days consisting of about 30 adult runners of a week. Adding mileage is important to varying abilities. becoming a better runner.
Ellis loves the sport of running. So when How do you get faster or retain speed? I asked him if he would be willing to give As you grow older, you must work on some running advice to attorneys in the speed or you will lose it. The best way to TPCBA, I was not surprised when he retain speed without getting injured is to
4 PIERCE COUNTY LAWYER | November/December 2016 BY MATTHEW H. THOMAS
the shoe is a good fit.
What advantage is there, if any, to varying the length of runs? The best running program is one in which you vary the course, meaning the length and difficulty of the runs. Each week you should do at least one workout during which you push yourself more than usual, and you should do one long run.
What other general advice would you offer to make running an enjoyable lifelong hobby? Runners often run alone. Find other people who would do hill work once a week. Start with when you’re in a race, focus on racing. like to run with you. It’s always better to a short hill, about 30 to 60 meters is Focus on beating the person in front do your workouts with other runners enough, and sprint up the hill as hard of you. This allows you to think about because they will push you to improve. as you can. Then, walk down the hill something other than how tired you Also, you should try to run with people and do it again. Hill sprints help you are and gets you to push yourself. who are faster than you, because that build your alactic system and increases Improving your time will follow. will make you faster. your power and speed. Older runners tend to have a lower strength-to-weight Is the food you eat important? When ratio, meaning they are heavier than I was running in college, we used to they used to be. Running hills improves say, when the furnace is hot you can your strength-to-weight ratio. feed it anything. So, we ate whatever we liked. The philosophy about eating Another way to retain your speed for has changed. Food is your fuel, so long distance racing is to increase your you should eat healthy food. Getting aerobic capacity by running more often enough sleep is also very important to and longer. Do a long run once a week. performance.
In short; more time, more distance. How does one avoid injury? The Try adding 10-20% more distance or surface you run on matters. Try to run running time to your workout schedule. on soft surfaces. Trail running is good, particularly on the day when you do How should one prepare for a road your longer run. race? At first, you should not vary from your usual routine. Run the race and In addition, as runners we are not then assess where you need to improve. always good at listening to our bodies. If you notice an injury you should back Is racing a good thing to do if you off and give yourself time to heal, rather want to improve as a runner? My wife than try to run through it. An injured I hope Ellis’ advice is helpful to Nancy says, why would you want to runner can’t race. you. See you out on the trails. train and not race? Racing is the fun part. Racing is your best workout. Do the shoes matter? Yes. Go to a running store and have them Can you offer any advice on how recommend a shoe for you. Make sure to race? Don’t get caught up with getting a particular time, because that is a variable that can be affected by other factors such the weather or the difficulty of the course. Instead,
November/December 2016 | PIERCE COUNTY LAWYER 5 Unmarried couples have different rights than married couples.
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By Commissioner Diana L. Kiesel, Pierce County Superior Court
can’t imagine my life without pets. Early in my legal communication and empathy. My research, and stories from career my Sheltie dog named “Lady” came to work with my courtroom, reveal that too many families without our me every day during her twelve years of life. If I worked education and economic security find pets and children Iuntil midnight, Lady dutifully sat beside me. Much of my hiding while listening to or watching abuse of a parent that practice involved working with Family Law and Guardianship often involves later abuse of the pet. The abuser may threaten litigants in distress. Oftentimes, my clients would hold or pet abuse of the pet to control the petitioner and the child. Lady as they cried and told me about their stories of abuse and domestic violence. Lady, and all my dogs since, have been The Washington Legislature added pet protection one of my lifelines protecting my mental health. to our civil protection order statute in 2010, recognizing that if a petitioner could not While on his campaign for reason against superstition and have custody of the animal, often the for justice against privilege in the 1700s, philosopher Voltaire petitioner would elect to stay with was credited with saying that a dog is a man’s best friend. the abuser to protect the animal. Witnessing the daily human- animal interaction as I walk my dog is
something I truly enjoy. Even though I did not attend the TPCBA convention in September, I heard good things about the Star Wars costumes for humans and animals. What a great opportunity for members of our profession to laugh and have fun with their colleagues and animal companions. Although they give so much value to our lives, many people and animals do not enjoy the same security and privileges some of us experience. In fact, a pet may be considered both a blessing as well as a barrier to safety for many litigants. I rarely hear attorneys on my dockets addressing pet abuse or asking for animal protection. As a Family Law attorney, This summer I researched issues related to pets and domestic or just a friend of someone who needs to seek protection violence. As a result of my research I started asking more for himself or herself and the children, please encourage questions on my civil domestic violence protection order petitioners when filing petitions for civil protection orders to dockets about animals that might need court-ordered address the history of animal abuse and the protection needed protection. Under RCW 26.50.060(l) the court may award for their pets. A Judicial Officer can only protect animals if temporary custody of pets to the petitioner, and prohibit humans speak for them. the respondent from coming within a specific distance of the pet, including places like dog daycares and pet off-leash parks. Once I started asking questions about pet safety at the protection order hearings, I heard horrific stories about animal abuse, often in front of children. A pet can be a child’s best friend, and they also teach children about
November/December 2016 | PIERCE COUNTY LAWYER 7 Briefly... A Word from the Executive Director Around By Kit Kasner the Bar: Happy holidays! December... soon to be 2017. If this is your CLE reporting year and you still need CLE credits before year-end, well, the Annual Year End US District Court for the Western District Potpourri is scheduled Saturday, December 3 at CI Shenanigans. Call 253 272-8871 to register and we will squeeeeeze you in! It’s all-day of Washington has selected Theresa with breakfast and lunch included and will get you approximately 6 Fricke as the new full-time magistrate credits. The Young Lawyers have the Judicial Skit Night scheduled judge in Tacoma. on December 14th at the Tacoma Yacht Club. It's fun and always 2 ethics credits. Check our website at www.tpcba.com Pierce County Superior Court Judge There’s still time to put your name in the hat for a position on the TPCBA Board of Trustees. Your “Statement of Intent” is due Stephanie A. Arend has been honored December 28 along with your photo and short bio about why your with the “Judge of the Year” award by colleagues should choose you when they vote in January. The open the American Board of Trial Advocates positions in 2017 are: three Trustees, one Vice President, and one (ABOTA) Washington Chapter. Secretary-Treasurer. Interested? Need more information? See the "Statement of Intent" form in this issue (center tear-out) or go to our website at tpcba.com for more information. Pierce County Superior Court is pleased ATTENTION: Your courthouse I.D. card will EXPIRE on 12-31-16 to announce that Judge Gretchen and your 2017 annual dues are due. Send your badge in with your Leanderson received the prestigious 2017 Membership Renewal form and we’ll return it to you with "Legacy Award" from the Washington the proper updated sticker (or bring it into the Bar Office and we’ll Women Lawyers (WWL) at this year’s update it while you wait). WWL Annual Banquet. Plans are also underway for 2017’s annual Lincoln Day Banquet, scheduled Friday, February 10, 2017, at the Tacoma Convention Center. There's a tear-out registration form in the center of this issue Congratulations to Theresa which you may send in or, as always, just call the Bar office to sign- and Judges Arend and Leanderson!!! up at 253 272-8871.
Here’s to a joyous noel and a happy 2017 !
Family Law TPCBA FINAL CLEs Saturday, December 3 Annual Year End Potpourri Section Meeting OF THE YEAR! CI Shenanigans 3rd Wednesday Wednesday, December 14 Judicial Skit Night of each month Tacoma Yacht Club Courtrooom 100
Flyers/registration forms can be found on www.tpcba.com @ 12 Noon or the center of this magazine. If you don’t see what you want there call 253-272-8871 to sign up.
8 PIERCE COUNTY LAWYER | November/December 2016
2016 CONVENTION REPORT
22ND ANNUAL Tacoma Pierce County Bar Convention…
nother year and another successful Tacoma Pierce The weekend started with a bang on Friday afternoon with County Bar Convention is in the books. This year’s an all-new CLE “Legal Marketing for Wookies” followed by A convention was notable not only for the top-notch a voyage through electronic discovery with Judge Thomas CLEs and great social events, but also for the fact that for McPhee. The afternoon concluded with an all-star panel of three days Jedi Masters and Sith Lords co-existed without jurists, and Jedi Counsel members, Judge Margaret Ross, bloodshed, mayhem, or planetary disasters. An event of this Judge Michael Schwartz, Judge Lisa Worswick and Judge magnitude does not happen without the help of a small army Benjamin H. Settle. of dedicated Jedi Knights starting with the Executive Director With the heavy lifting out of the way, the focus turned to and chief Jedi Master, Kit Kasner, and her executive assistant socializing Friday night starting with the “Anakin Skywalker Virginia Petta and chief party photographer Christal Davis. Meet Obi Wan Kenobi” social hour hosted by Rush, Hannula, We also want to give a big thank you to the convention Harkins and Kyler. Special thanks to Dan Kyler, who kept planning committee, a/k/a the “Jedi Counsel” who spent the bar open for an extra hour to make sure the entire Rebel months planning, organizing and executing our convention. fleet could enjoy a cold Alderaan Ale. Not to be outdone, Thank you, Mark Arend, Ken Blanford, Lindsay Camandona, the McKinley Irvin law firm fed the entire Rebel Fleet at the “May the Force Be with You Dinner and “Bar” BQ.” The late Joanna Daniels, Deborah Josephson, Tim Lewis, Julie night festivities were kicked off in the “Light Side and Dark Lindstrom, Judith Maier, Thomas Nivison, Lindsay Noel, Side” hospitality room sponsored by the stalwart TPCBA Erika Nohavec, Kathleen Oliver, Jason Ruyf, Amanda Searle, supporters at Gordon, Thomas, Honeywell, Malanca, Peterson Heather Swann, Robert Taub and Wendy Zicht. Special and Daheim. thanks goes out to Jason Ruyf and Julie Lindstrom for their steady guidance throughout the planning process and for Saturday Morning: Snooze... sleep... snooze... Get making sure everything ran smoothly inside and outside the Up! Waiting, Yoga is. The morning started at 6:30AM with convention hall. Julie and Jason earned every bit of their titles stretching and “downward dog” courtesy of Pat Palace and the of Jedi Masters. Yoga Palace. Stretch you must, or be ready for a second day of
10 PIERCE COUNTY LAWYER | November/December 2016 BY JOHN CHRISTENSEN [ COMMITTEE CHAIR]
hard hitting CLE presentations you will not. However, the afternoon belonged to master storyteller Mark Wagner, who captivated the audience with the images and The Saturday “C-3PO and R2-D2” CLE track was sponsored emotions he wove with his words. Mark captured the theme by our good friends at Fain, Anderson, Vanderhoff, of the convention with his storytelling and in doing so gave us Rosendahl, O’Halloran and Spillane. The morning session practical tools to use in our trade. started with a wake-and-bake on the current state of Cannabis Law from Sith Lords Jay Berneburg, Aryna Anderson and The afternoon weather was beautiful and the force was strong Maureen Goodman. Coffee was optional after listening to with the golfers who braved the mountain links in the Richard Jay’s entertaining and historical analysis of cannabis law. Not Jensen Memorial Golf Tournament held at the breathtaking to be outdone, Ledger Square Law partner, Jason Whalen Prospector Golf Course. offered up an amusing tale of how four rebel sympathizers The afternoon wrapped up with the first-ever canine costume escaped the Death Star of Mid Career Malaise. Judge Jack contest (The Bark Side) that included Great Danes and Shih Nevin brought us back to planetary gravity with an excellent Tzus. The awards went to Ken and Angel Blanford’s “Tako,” presentation on evidence, followed by Judge Rosanne and Heather Straub’s little one, “Mobey”. Buckner, Patrick Hammond and Chris Keay on mediation and case settlement strategies. Palace Law and The Yoga Palace started Saturday evening off with the “Jedi Knights, Storm Troopers and Droids” social The final three CLEs on Saturday were Episodes IV, V and VI hour followed by the featured, “Star Wars” dinner sponsored of the convention... classic and unforgettable. Jim Cathcart did by our good friends at the Connelly double duty with his passionate and professional presentation Law Firm. Galactic photography on GAL issues. Pierce County Deputy Sheriff, Kris Nordstrom was provided through the magic earned the title, Jedi Master. Despite technical difficulties and talent of Blake Kremer and with his presentation, Deputy Nordstrom didn’t miss a beat was sponsored by the good people and fascinated the audience with an update on the cutting at Social Treatment Opportunity edge issues facing our State with THC-enriched products. Program (STOP).
November/December 2016 | PIERCE COUNTY LAWYER 11 Best Womens Best Couple Best Group
The evening, however, belonged to the costumes. There were Ewoks and Anakins, Amidalas and Kilo Rens and Reys and Finns. BB-8s were rolling with R2s and Wookies danced with Stormtroopers. The variety and detail that went into the costumes was nothing short of amazing. Costumes included characters from all seven films and would have been hits at any Star Wars Comicon convention. The winners of the best costumes were selected by Tyler Shillito and his group of Jedi Knights at Best Mens Smith Alling who sponsored the contest:
Best Couple [$125 Stanley & Seaforts]: Dan Kyler and Debi Cordes Best Group [1-hour Gondola Ride, Gig Harbor]: The Lindsay Camandona Family Best Womens [$100 Lobster Shop]: Joan Mell Best Mens [$100 Pacific Grill]: John Weaver Best Childrens [Katie Downs Pizza & Drone]: The James Beck children Most Humorous [$100 Stanley & Seaforts]: Jamie McCormick Best Dog "Bark Side" Contest: Tako and Mobey
Best Childrens
Most a few of our furry friends from the "Bark Side" Humorous
12 PIERCE COUNTY LAWYER | November/December 2016 Special mention to Jabba the Hutt who was tearing it up on the dance floor with slave dancer Oola moments before she fell to her death in the Rancor pit. Despite this unfortunate, but not unexpected loss, the party continued into the evening with the “Galactic Spectacular Social Hour” co-sponsored by Ledger Square Law and Andrews & Arbenz, PLLC. Outside the convention hall we had a large group of table sponsors and vendors offering everything from jewelry, to silk paintings and a basketball signed by Magic Johnson. A big thank you to all our table sponsors: CK Financial Services, Naegeli Reporting Corporation, Moranco & Associates, Social Treatment Opportunity Program (STOP), Findlaw (part of Thomson Reuters), JAMS, Park Lane Jewelry, Beverly Pedersen Silk Artistry, and Byers and Anderson. The final day’s events started with Yoga with Yoda in a packed room of participants eager to expel the demons from the previous evening. The morning festivities continued with the “Force Awakening” breakfast brought to us by Pfau, Cochran, Vertetis, Amala. The morning CLE track, sponsored by McGavick Graves, started with Lindsay Camandona and Lindsay Noel on ethics followed by an excellent discussion of IT and Cloud Storage issues presented by Eric Gilman. We heard from John Meske, Sven Nelson and Jason Johnson on elder abuse and we rounded out the convention hearing from Robert Novasky on malpractice claims “From the Depths of May the Force Be with You. the Naboo Abyss.” For three days Jedi Knights, Storm Troopers and Sith Lords descended on Suncadia. For all of you who attended or worked tirelessly to make the convention a success, thank you. We hope you had a good time and enjoyed the CLEs John Christensen is a partner at Evergreen as well as the opportunity to meet and socialize with other Personal Injury Counsel. He is the immediate Past President of the Tacoma-Pierce County Bar members.It’s all of you who make the Tacoma-Pierce County Association and Chair of the 2016 Bar Convention Bar Association the best local bar association in the State. Committee.
November/December 2016 | PIERCE COUNTY LAWYER 13 Yoga Curious?
Come as you are (Rolex, tie and cufflinks optional). We'll provide mats, water, expert instruction and encouragement.
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▷ Have Breakfast or Lunch at the Y: Lawyers and judges alike practice this, heading to the YMCA in the mornings or at lunch, combining a chance to sweat out stress, improve strength and cardio, and network with other members of the Bar. For truly effective multitaskers and fitness buffs. ▷ Hang Out with Dogs: Among the lawyers “surveyed” for this article, many immediately said “hang out with my dog” when asked what they do for their health. Pierce and King Counties recognize the importance of dogs in their Courthouse Dogs program for witnesses, and lawyers are doing the same. From dog walking groups that promote human and canine companionship, to a long walk through the neighborhood, to a slobbery game of tug of war, Pierce County lawyers turn to their dogs for fitness The stakes are high. and perspective. ▷ Stick Needles in your Head: The South Sound boasts a number of acupuncture clinics, and s lawyers, we carry the weight of our clients’ most at least a few Pierce County lawyers swear by them. The World personal struggles on our shoulders. Whether we Health Organization recognizes acupuncture’s ability to treat practice civil or criminal law, clients come to us a host of common physical and psychological ailments, from Awhen they are facing imprisonment, the break-up of their hypertension to depression and anxiety. It can’t hurt to try it. lives and families, a catastrophic injury, discrimination, or (Or so I hear.) an insurmountable damage to their livelihood. Prosecuting attorneys, federal or state, are charged with upholding our laws ▷ Stay True to Your Moral Center: and protecting public’s safety. No matter which counsel table No one in this category said this about themselves, of course, you are sitting at, the stakes are high for those whom we have but it is certainly seen in many local lawyers. Whether through formal spiritual practice, church, meditation, or simply a sworn to represent diligently and ethically. In other words, the strong sense of one’s own principles, lawyers stay healthy by stakes are high for us. knowing who they are and practicing that way. It is no surprise, then, that the legal profession can be fraught ▷ Live Simply: with risk to the mental and physical health of its members. Nearly everyone “surveyed” attributed their mental health to A 2016 study jointly conducted by the ABA Commission on their families (in the good way). Spending time with family, Lawyer Assistance Programs and the Hazelden Betty Ford friends, or a good book replenishes many of us. Foundation in Minnesota explored mental health and use of alcohol in the profession, and in particular on younger lawyers. ▷ Eat Well: A 2014 CNN story reported depression and increasing suicide Our Bar is home to fabulous cooks who bake, barbecue and rates among lawyers. In 2011, Psychology Today published an sauté their way to mental and (sometimes) physical health. The article entitled “The Depressed Lawyer,” observing that, “there joy of cooking and eating feeds many of our souls. is always going to be a need for therapists, because the very ▷ Push Yourself: thing that makes so many lawyers depressed [i.e. practicing Adrenaline junkies and adventurers among us stay healthy law], is the very thing they are unwilling to give up.” What do in surprising ways. Some travel to far off places, others drive you do with that? motorcycles at decidedly unhealthy speeds, some jump off cliffs or climb steep rocks, some point slippery sticks and boards Well, for one, you recognize it. Our Bar does that, and at more down snowy mountains, and rappel down tall buildings. The than one annual convention has offered CLEs on mindfulness, thrills take us away from the day to day meditation, and yoga. Our Bar’s individual lawyers recognize and remind us that we can survive a lot it as well, and tell some of their stories in this issue. Most of and come back for more. us know (though we may not always do) what it takes to stay healthy: exercise, eating well, taking vitamins, drinking enough water, you know the list. But some of Pierce County’s lawyers Andrea McNeely is a partner at Gordon take this to a new level, and a completely unscientific survey Thomas Honeywell practicing in civil litigation (below) reveals some of the inventive ways in which lawyers and employment. She is Co-Editor of the Pierce stay mentally and physically fit. County Lawyer Magazine.
November/December 2016 | PIERCE COUNTY LAWYER 15 Bertha Snell Award
TPCBA continues its search for nominations for the Bertha M. Snell Award to be presented at the Lincoln Day Banquet, February 10, 2017. The criteria for this award is:
• A member that has overcome difficult obstacles in their lifetime. • A member that has displayed the qualities of tenacity in overcoming adversity and obstacles in his/her quest to become a lawyer or as a lawyer in practice.
Bertha M. Snell was the first woman lawyer in Washington. She was one of the founding members of the TPCBA. She became the first woman lawyer in Washington in 1899, before women had obtained the right to vote. She was also a legislative intern during the first term of the Washington legislature and, eventually, secretary to our first governor. This award is in her honor.
Please email your nomination(s) and statement for selecting this person, along with that person’s background, to the Bar Office at [email protected] or call 253-272-8871 or email Matthew Thomas at [email protected].
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gth-law.com Tacoma: 253-620-6500 • Seattle: 206-676-7500
2016 GTH T&E Planninig 7.5x4.75_F.indd 1 6/3/16 2:11 PM 16 PIERCE COUNTY LAWYER | November/December 2016 CHARLIE BROWN’S CHRISTMAS +40 By Christmas Holiday Editor George Kelley with Edits by the Editorial Board
orty years after Charlie Brown’s So off they go to room 100 to our problems, of having opponents stress famous Christmas story we find favorite Vince Guaraldi sound track. us out in the name of advocacy, of our hero, a middle-aged Pierce dealing with rules having little to do FCounty lawyer, hanging out with the Judge Lucy is relaxing on her bench with the betterment of the system and same characters we know so well. His between hearings. “Mr. Brown, Mr. everything to do with the exercise of faithful dog Snoopy, being ageless, Linus, how good to see you. What power, and replacing all that with a having been first introduced as a WWI brings you to my courtroom?” feeling of fellowship and goodwill to fighter pilot, is about 700 years old Charlie approaches the bar, “Christmas all. It is something we should strive in dog years, but go with us on this – - I just don’t understand it. Everyone is for all year but Christmas is a good after all, how old can Santa Claus be? so happy and I’m depressed. What do start. Finally, it is also about balancing you think it could be?” family, work and personal well being We find our hero at the courthouse to achieve balance. If Christmas can lawyers’ lounge with his friend Linus, a “Mr. Brown, in the spirit of the season, achieve just a little bit of that it is senior DAC lawyer. I will overlook that you come to my worthwhile celebrating.” court without properly noting your “Linus, I just don’t understand appearance, filing working copies and With that a depressed Charlie Brown Christmas. It is supposed to make not having provided a proposed order left the courthouse, walked through you feel joy, but all I feel is depressed. solving your problem. However, I do the rain, across the street, to the deli- There are holiday decorations in have some direction for you. I find that bar on the corner, ordered a beer and most of the courtrooms, bright lights you need a holiday project and should looked sadly out on the city lights. on trees in the halls, and Christmas organize the Bar’s Christmas party. Lest Charlie forget whose birthday it cookies and candy here in our lounge. And while you’re at it, see what you is, Schroder was playing a melody of Yet in spite of all that I don’t feel can do about family law forms.” Christmas carols on the out-of-tune h appy.” piano in the corner. Charlie Brown and Linus immediately Linus sighs, “Charlie Brown, you can started preparation of the Bar’s Charlie did not notice members of the make a disaster out of any happy event. Christmas party and quickly realized legal community - lawyers, judges, Remember you were worried about it would not be easy. First, there was court staff and legal assistants, slowly traffic during the Seahawks Super the usual politically correct resistance filtering into the bar, gathering around Bowl victory party, and how you felt to calling it a “Christmas,” rather than the piano and singing carols. It was sorry for the Oregon Duck fans after a “holiday,” party. Next they spent a moment of fellowship seen only the UW administered that beatdown days trying to coordinate everyone’s once a year. When Charlie looked last October?” schedules. Finally Charlie Brown up from his place at the bar he heard threw up his hands, “Doesn’t anyone the assembled legal folks shout – “I hear you Linus, but I feel this know what Christmas is all about in “MERRY CHRISTMAS CHARLIE way every Christmas – I just don’t our legal community?" BROWN.” And the same to the rest understand it.” of the Tacoma-Pierce County legal “I do,” said Linus. “Christmas to community. “Maybe you should see someone - lawyers is a time to put away the maybe you should see Judge Lucy?” daily grind of solving other people’s
November/December 2016 | PIERCE COUNTY LAWYER 17 MILITARY LAW
Discharge Review Boards
By Steve Krupa
ast issue I wrote about how Veteran’s status and the evidence standard. The DRB does not investigate cases. benefits can be limited or denied altogether based Therefore, it is important that the applicant includes evidence on the characterization of discharge. Over fifty years such as declarations from witnesses, awards, certificates, or Lago, Congress recognized that in some cases these negative other records that support his or her case with their form 293. discharges were either implemented improperly or that they As noted above, the DRB will upgrade only if the discharge was inequitably characterized the member’s service. Accordingly, improper or inequitable. Accordingly, the DRB examines the they created an appeals system through the use of Discharge record and the materials, first to determine whether there were Review Boards (DRBs) which are empowered to upgrade the any legal or factual errors and next, to determine whether there discharge.1 The focus of this article is the DRB process.2 are any issues based on equity. In reviewing a case for legal or factual error, the DRB will Threshold Issues generally review the applicable law or regulation, policies, It is important to understand up front that DRBs cannot and substantive procedures to make sure they were properly upgrade a discharge that was issued as a result of a General followed. In addition, the DRB may determine that the Court-Martial’s verdict.3 Furthermore, Bad Conduct aforementioned provisions justifying the particular discharge Discharges (BCDs) imposed by Special Court-Martial are have since been changed or altered to the benefit of the reviewed only as a matter of clemency.4 In addition, DRBs are applicant, thus requiring an upgrade under the new standards. not empowered to revoke a discharge or to recall a person to When reviewing a case for equitable considerations, the DRB active duty. Finally, there is a fifteen year non-waivable statute will generally focus on whether the characterization of service of limitations on applying for an upgrade; any application for was too harsh. For example, if the normal discharge for a upgrade after that must be made to the respective service’s soldier with a positive urinalysis for marijuana was a General Board for Correction of Military Records. Under Honorable but the applicant received an Other Than Honorable, the DRB may upgrade the discharge to a General. The Process Similarly, if it was accepted practice fourteen years ago for a The process itself begins with the completion and forwarding positive urinalysis to result in an Other Than Honorable which of a DD Form 293, (Application for the Review of Discharge the applicant then received, but the accepted practice today is or Dismissal from the Armed Forces of the United States).5 The a General Under Honorable, as a matter of equity the DRB can burden of proof is on the applicant by a preponderance of upgrade the discharge to reflect the current standard.
1. See 10 U.S.C. § 1553. 4. A successful clemency does not alter the Court-martial verdict. 2. This article is written in my civilian capacity, it does not reflect the views of the 5. A fillable version is available at http://www.dtic.mil/whs/directives/forms/eforms/ United States military and is informational only. dd0293.pdf 3. Under limited circumstances, a characterization given by a GCM may be upgraded by a different entity known as a Board for Correction of Military Records. This does not alter the Court-martial verdict.
18 PIERCE COUNTY LAWYER | November/December 2016 The Board Procedure witnesses questions about essentially anything they feel will The respective service’s DRBs are staffed entirely by active give them greater insight into the issues of the case. Only two MILITARY LAW military officers and senior enlisted personnel whose fulltime outcomes can result from the board process: 1) the request to job is to serve as members of the boards. The applicant has a upgrade can be granted, or 2) the discharge can remain the statutory right to appear (at no expense to the government) same. Accordingly, an applicant really has nothing to lose by before the DRB which generally sits in Washington D.C., attempting to obtain an upgrade. It should also be noted that but also travels to regional locations to conduct hearings. the DRB may take several months to review an application and In common practice, the applicant gets two shots at the render a decision. DRB process. In the first, the applicant generally requests a Discharge review based solely on the records. If that is unsuccessful, the Conclusion applicant can request the in-person appearance which is a de While many applicants represent themselves in DRB novo review. proceedings, the overwhelming majority of cases are not Review approved. Accordingly, it is highly advisable for an applicant to The DRB hearing is strictly administrative and is not to be seek advice or representation from an experienced practitioner. confused with an adversarial proceeding or a trial. As noted If you have any questions about the DRB process, or military above, the burden of proof rests with the applicant and the law questions in general, as always feel free to contact me. Boards standard is preponderance. It must be firmly understood that DRB will initially recognize what is termed as the “presumption of regularity in government affairs.” This By Steve Krupa concept means that the DRB must first presume that when Steve Krupa is a partner at the Law Offices of the military took action, it was deemed to be a good and Krupa & Clark. He is also a Lieutenant Colonel proper action. At the hearing the applicant can stand silent in the United States Army Reserve with over 19 or present exhibits and sworn or unsworn testimony at no years of service. He practices Military Criminal expense to the government. If the testimony is sworn, board and Administrative law and Criminal and Civil members will have the opportunity to ask the applicant or the Defense in Federal and State Courts.
November/December 2016 | PIERCE COUNTY LAWYER 19 2016 TPCBA SURVEY RESULTS
s a member of the Board of Trustees, I am 2. The New Pierce County Lawyer providing this summary of the 2016 survey which magazine. was distributed to the TPCBA membership in A The Bar News changed to September. The full results are available on request from its current magazine format 45% Executive Director Kit Kasner. Each and every comment was new magazine read by me, by Kit and by other Board members. There were two years ago: at that time 323 responses representing 24% of the membership. Thank its name was changed to 34% indifferent you to everyone who replied – the feedback was exceptional Pierce County Lawyer. 45% of and quite helpful to the Board in assessing the four main survey respondents like the 21% subject areas as further discussed below. new format better, while 21% old newsletter preferred the old format. 34% of respondents were indifferent on the format change. Thank 1. Reasons to belong to the TPCBA. you to Past President Dawn Farina for leading the change to the new format. On this topic, 228 members responded to the question: What are the most important reasons you belong to the TPCBA? The 89 members responded with written comments about the new purpose of the question was to ensure that the most important magazine. The positive comments focused on the articles, the benefits continue to be robustly supported, and to identify new professional look of the magazine and the hard work that other benefits that could use some shoring up. Here is a general goes into it. On the constructive feedback side, there were two summary of the results: main areas of concern. a. Local Bar Connection. The most frequently The first concern was the cost of the magazine versus that identified reason to belong to the TPCBA is to be part of the old format. I have reviewed a cost comparison and of an active local bar, including receiving news and determined that the costs are largely comparable to the old information about local rules and other happenings, black-and-white version. The budget for 2016 for the magazine but also social events and networking opportunities. is $55,000 with income of $43,000. The prior format’s costs Frequently used words to describe our membership were: were $50,615 over a 12-month period. The main difference for collegiality, professionalism, networking, fellowship, the costs not being appreciably higher is that the new format camaraderie, and community. publishes every other month rather than every month, which brings me to the second area of concern. b. Courthouse ID. There is vast support and appreciation for the courthouse ID card – it was the Several commented that they miss receiving the Bar News second most identified useful benefit. Thank you to Past every month and feel that perhaps the information in the new President Frank Ladenburg and former Pierce County magazine is not as timely. This concern is appreciated and is Executive John Ladenburg for their efforts in securing this being actively addressed. Kit and the editorial board work to time-saving benefit. ensure that the content of the news items in the bimonthly magazine, including upcoming CLEs and events, is planned c. CLEs. At just about the same level of enthusiasm as ahead so that the content is current when you receive the the courthouse ID card, many members commented on magazine on your desk or your email box. Certainly for some how much they enjoy having local, affordable, quality events, like the recent bar convention, there will be some CLEs. delay in articles and photos based on publishing timelines, d. Volunteer Legal Services/Pro Bono. Many but for TPCBA events and activities, they are largely planned mentioned support for the outstanding work being done in advance. Some missed having the CLE flyers in the old by VLS to help provide low cost legal services in the magazine. This concern was heard such that there are now community. Thank you to Laurie Davenport and her team seminar notices in the magazine for upcoming CLEs that can for the work they do in the VLS office. be unperforated and sent in for registration. e. Other frequent mentions. Other areas that To also help address the concern regarding the timeliness received several positive responses were the lawyer of local bar information, rules changes and other activities, referral service, Pierce County Lawyer magazine, the there are several other resources available for members that Lincoln Day Banquet and the bar convention. Many Kit and her team keep updated. The first is the www.tpcba. also commented they enjoy particular sections such as com website. The site has an excellent calendar (see tab at the guardianship and family law. top of the site) where you can see all upcoming activities at a glance. By hovering over an event, additional information
20 PIERCE COUNTY LAWYER | November/December 2016 By John Wilson
automatically pops up. There is a Bar News section on the 4. TPCBA forms of communication. homepage of the site (right-hand side when you scroll down a bit) that has up-to-date information including announcements The overwhelming 64% about rule changes. Under the Resources for Attorneys tab, majority of email there is a link to courtroom information where Pierce County respondents receive their information 60% court information and rule changes are also posted. Pierce County Lawyer Magazine from the TPCBA via For reminders, or urgent items, Kit bulk emails the email (64%) and the 19% membership, but current information is also available on the Pierce County Lawyer direct mail TPCBA’s Facebook page, Twitter account (@TPCBA) and magazine (60%). LinkedIn page. Nothing else comes 14% ABC Messenger close. Direct mail (19%) and ABC messenger (14%) were the next two most cited 3. Lincoln Day Banquet. ways that members receive TPCBA communication. The Bar The survey asked for Lounge in the courthouse also receives traffic for news and feedback regarding the 55% information. number of awards that too many awards are given at the banquet. 44% The TPCBA website was cited as an occasional source by 21% 55% of respondents just right of the respondents, but 46% said they rarely access the site, and feel that the number of 27% said never. As mentioned earlier in this piece, I encourage awards is too high, 44% answered “just right.” There were members to check out the website as an excellent source of up- many comments in support of the Lincoln Day event, and to-date information. lots of helpful ideas from members about ways to improve it. Examples of feedback being considered by the Board and Social media platforms such as Facebook, Twitter and Lincoln Day committee are: LinkedIn are currently seldom or never used by the a. Number of Awards. Many respondents said membership. While not everyone uses these forms of there are too many awards. A request was made for communication or needs to use all of them, they are available information on how the recipients are selected to enhance as additional resources. Of these, the Facebook page is transparency of the process. regularly updated, but posts are also made on Twitter and b. Social Hour. There is much support for the social LinkedIn. hour with some requesting it to be longer. Several commented, though, that the area for the social hour is My overall impression from these survey results is that the too cramped. membership of the TPCBA is generally pleased with the services and benefits it receives, particularly opportunities for c. Banquet Length. Many believe the banquet goes on too long, most tying it to lengthy introductions, collegiality, networking, CLEs, and the courthouse ID card. the number of awards, and the length of speeches. There are several areas where improvement or changes were Shorter speeches were requested by a large number of suggested, some of which are highlighted in this article. There respondents. are others not mentioned in this summary that are also being d. Speaker. Some commenters asked for non- reviewed and considered. politicians to give the keynote address and invited an expansion of subject areas rather than limiting it to being Finally, and importantly, while a specific question was not Lincoln-related. asked regarding the TPCBA’s staff, they received numerous compliments. It was terrific to see Kit and her team e. Mission of Banquet. There were comments recognized for the exemplary work they do day in and day out that the dinner is overly focused on pats-on-the-back. Examples of requests included changing the focus to on behalf of the TPCBA. re-energize the bar for the next year and/or to focus on younger lawyers and perhaps give scholarships.
John Wilson is Managing Partner at Rush Hannula Harkins & Kyler, LLP; a Trustee on the TPCBA Board; and is a Mediator/ Arbitrator at Pacific ADR Consulting, LLC.
November/December 2016 | PIERCE COUNTY LAWYER 21 YOUNG LAWYERS REPORT BY RYAN HOGABOAM
"STOP AND THINK IT THROUGH" ure, Game of Thrones is great, but have you seen Sesame entertainment, you’ll get two CLE ethics credits (pending). Street? No? I guess I shouldn’t be surprised… nobody Advanced registration is greatly appreciated-please contact me seems to want to talk about Sesame Street when I bring or TPCBA’s website for a registration form. Sit up (and I bring it up a lot). It’s a big hit with my toddler, but he isn’t much of a talker (he says “kitty” pretty well though). Additionally, the TPCBA New and Young Lawyers will shortly So, obviously, this article is my best option to finally say what I be announcing our newly elected board of directors. We are want to say. also looking for new members to fill the ranks and join in our efforts to make the practice of law a little better for those Something I noticed about Sesame Street: the writers really just starting out. Our meetings are the first Tuesday of every know how to repeat a theme. One theme can be summed up in month, the next meeting falling on Tuesday, December 6th at a recurring phrase, “stop and think it through.” Everybody says 5:30 PM at Pierce County Department of Assigned Counsel, this: Elmo, Cookie Monster, the whole lot. You hear this phrase 949 Market Street, Tacoma. All new and young lawyers (under enough to wonder if the inclusion of the stop-and-think-it- age 36 or in practice less than five years) are welcome and through theme was at the behest of some child psychologist. encouraged to attend. Our meetings are usually followed by an informal happy hour for attendees. I’d love to see you there “Stop and think it through” sums up my approach to ethics and because, believe me, I have a lot more to say about Sesame the rules of professional conduct (you were wondering where I Street. was going with this, weren’t you). There is always that moment where it is critical to stop and think it through—we know that moment always exists because it is so obvious in hindsight. Recognizing that moment in realtime is difficult but, like anything else, can be developed with practice.
Luckily, TPCBA New and Young Lawyers give you this opportunity to stop and think it through every year, without the high stakes, at our annual ethics CLE, “Judicial Skit Night”, scheduled Wednesday, December 14, 2016 from 5:30 to 8:30 PM. As in years past, the venue is the Tacoma Yacht Club, 5401 N. Waterfront Drive. We’ll have an hour for socializing (with a no-host bar), followed by dinner and performances of ethical Ryan Hogaboam is 2016 President of the dilemmas by our local judicial officers. Besides an evening of TPCBA Young Lawyers Section.
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22 PIERCE COUNTY LAWYER | November/December 2016 The President and Board of Trustees of the Tacoma-Pierce County Bar Association cordially invite you to attend... The 109th Annual Lincoln Day Banquet and Hosted Social Friday, February 10, 2017 Tacoma Convention Center Ballroom 1500 Broadway, 3rd level, Tacoma, WA (Parking—$6 at 17th & Broadway, Lot A. Pay upon arrival.)
Social Hosted by Connelly Law Offices, PLLC 5:30 pm—7:00 pm
Dinner 7:00 p.m.
Join us in With Keynote Speaker
celebrating a 109 year old TPCBA tradition! Magistrate Judge Karen L. Strombom US District Court, Western District of WA
Spouses and significant others are invited to attend
Lincoln Day Banquet Reservation Form—Reserve before January 31st Please list additional reservations on the reverse NAME PHONE E-MAIL Reservations @ $65 Tables (rounds of 10) @ $650 SEATING ARRANGEMENT IS “OPEN” UNLESS A TABLE OF 10 IS RESERVED AND PAID FOR IN ADVANCE
Dinner Selection: Steak Fish Vegetarian—Eggplant Roulade Payment: Check □ Visa □ MasterCard □ Credit Card #: Expiration: 3 digit number on reverse side of card:
Please send registration form with check or credit card info to: Tacoma-Pierce County Bar Association Questions: (253) 272-8871 or [email protected], Fax (253) 627-4718 621 Tacoma Avenue South, Suite 403 You can also sign-up and pay by credit card Tacoma, WA 98402 or paypal on the TPCBA website at tpcba.com
Annual Membership Application Jan 1, 2017 - Dec 31, 2017
Name: WSBA #: Firm Name: Full Street Address:
Mailing Address (if different):
Email Address (print clearly): Office Phone: Fax: Cell: Home:
Home Address (kept confidential): Year of Admission: Primary Field of Law: Optional Demographic Information: M__ F__ Ethnicity/Race:
__ I am a new member of the Tacoma-Pierce County Bar SECTIONS __ I am a Young Lawyer (admitted to the practice of law in any state for fewer than ___ Family Law Section ($20 fee to join) 5 years or is under 36 years of age) ___ Young Lawyers Section __ I am a solo practitioner in a small firm (5 or less) ___ Criminal Law Section __ I would like to serve on the Lawyer Referral Panel COMMITTEES (please select no more than 2) __ Mail the Pierce County Lawyer Magazine __ Email It ___ Bar Convention __ Remove my email address from broadcast emails to the membership ___ Continuing Legal Education (CLE) Courthouse ID Badges expire December 31st. This 2017 Membership Application with payment ___ Community Service Recognition and committee sign-up is due by February 1, 2017 ___ District/Municipal Court Liaison 2017 ANNUAL DUES $140 $ ______Diversity GOVERNMENT ATTORNEY $130 $ ______FRIEND ANNUAL COURTHOUSE ID BADGE PROCESSING FEE $25 $ ______Golf ___FAMILY LAW SECTION $20 ___RETIRED MEMBER $50 $ ______Guardianship (11.88)
DONATION TO THE FRIENDS OF THE PIERCE COUNTY LAW ___ Judicial Qualifications $ ___ LIBRARY, a 501(c)3 org. ___ Legislative
DONATION TO THE BAR FOUNDATION $15___ $25___ $35______Legal Assistant The TPCBA Board of Trustees urges all members to make a tax deductible $ ______Membership donation which supports the Volunteer Legal Services Program. ___ Mentorship TOTAL ENCLOSED $ ______Pierce Co. Lawyer Magazine/Editorial Board Method of Payment: Check__ VISA__ MC __ Card Expiration: ______Superior Court Commission Account # ______3 Digit Code on reverse: ______Volunteer Legal Services (VLS) FOR OFFICE USE: CHECK # DATE: AMOUNT $
I am interested in serving and/or continuing to COURTHOUSE ID BADGE: Enclose your Courthouse ID Badge and payment with serve as a committee chair for 2017. this form and return it to the Bar office. A new 2017 sticker will be placed on the Committee:______back and your ID Badge will be returned to you; or you can stop by the Bar office and we’ll update your badge while you wait (provided your dues for the new year Note: Committee chairs and members will be are paid). If you do not have an ID Badge, call the Bar office to schedule an appointed by the 2017 TPCBA President. You appointment for a photo. By renewing your membership you are subject to our will be notified of your acceptance to serve. Association By-Laws. By renewing your membership and obtaining a courthouse ID badge you are agreeing to the terms and conditions of the ID Badge Permit Agreement on the reverse.
Return this form with payment and ID Badge to: Thank you for your support. Tacoma-Pierce County Bar Association 621 Tacoma Avenue South, Suite 403, Tacoma, WA 98402
Bar office hours: Mon., Tues., Thurs.– 8:30 am to 5:00 pm Wed., Fri. - 8:30 am-12:00 Noon ~ 1:00 pm to 5:00 pm
Phone: 253 272-8871 • Fax 253 627-4718 • tpcba.com
Tacoma-Pierce County Bar Association
621 Tacoma Avenue South, Suite 403 Tacoma, Washington 98402
Administration: (253) 272-8871 Lawyer Referral: (253) 383-3432 Fax: (253) 627-4718 ▪ Email: [email protected]
Kit Kasner, Executive Director
______www.tpcba.com______
DATE: November 2016
TO: TPCBA Members
SUBJECT: 2017-2018 TPCBA NOTICE OF OPEN NOMINATIONS FOR ELECTION
The Tacoma-Pierce County Bar Association Nominating Committee is seeking nominations for the 2017-2018 Board of Trustees.
The following positions are open: one Vice-President position (2017), three Trustee positions (2017 and 2018) and one Secretary-Treasurer position (2017 and 2018).
The elected Vice-President will also serve a term as President in the year 2018 and immediate Past President in 2019. The three Trustees and Secretary-Treasurer will serve a two-year term.
To assist the Nominating Committee, a questionnaire is attached. If you would like to be considered for a position on the Board, or would like to nominate another TPCBA member, please send the completed statement of intent to the Tacoma-Pierce County Bar Association, before December 28th.
Please feel free to contact the Bar Office at 253/272-8871 or anyone listed below that is serving on the Nominating Committee, if you have any questions or wish to discuss any aspects of the nominating process. Thank you.
Matthew Thomas, President 253 428-3809, [email protected]
Diane Clarkson, Vice President 253 798-7876, [email protected]
Ken Blanford, Secretary-Treasurer 253/720-9304, [email protected]
Tacoma-Pierce County Bar Association
ELECTIONS QUESTIONNAIRE STATEMENT OF INTENT
1. Have you served previously on the TPCBA Board? Yes No
If yes, in which position(s) and year(s)? ______
2. Have you served on one or more TPCBA Committee(s)? Yes No
3. Have you served as a TPCBA Committee Chairperson? Yes No
If yes, on which committee(s) and year(s)? ______
4. How many years have you been a member of the TPCBA? ______
5. List the qualifications or experience you possess that make you an asset to the association and would make you a valuable member of the TPCBA Board of Trustees. ______
6. Why do you wish to serve? ______
7. Please identify the position in which you are most interested:
Vice-President Secretary-Treasurer Trustee ______
Name: WSBA #:______Phone: ______Firm:______Address:______Email:______
Along with this “statement of intent” please include a 100-150 word bio (approx.) about your background, why you wish to serve on the board and/or your goals if elected. Also attach a photo. This information will be included on the ballot along with your photo in order to assist members with their vote. Please mail or fax no later than 12/28/16 to: Tacoma-Pierce County Bar Association Nominating Committee 621 Tacoma Avenue South, Suite 403 Tacoma, WA 98402 FAX 627-4718
LAW LIBRARY NEWS BY LAURIE MILLER [ PIERCE COUNTY LAW LIBRARY DIRECTOR]
We suggest you update your digital skills by reading a book about it. Expect new materials monthly for this high-priority collection. Following is a sample of what you’ll find:
• Arkfeld on Electronic Discovery & Evidence (2016 update) • Becoming the Tech-Savvy Family Lawyer (ABA) • Cloud Computing for Lawyers (ABA) • Everything You Need to Know About Metadata, 2016 WSBA • Information Security for Lawyers and Law Firms (ABA) • Information Security and Privacy: A Practical Guide for Global Executives, Lawyers… (ABA) • Social Media & Evidence (ABA) • Social Media and the Law by Kathryn L. Ossian (PLI) Technophobia, • Social Media Law: A Handbook of Cases & Use, 2nd ed (ABA) E-Filing, and • Law Practice & Technology Tools, 2016 WSBA • A Lawyer’s Guide to Networking, 2nd (ABA) Ethics Violations • The 2016 Solo & Small Firm Legal Technology Guide: Critical Decisions Made Simple (ABA) • Electronic Commerce: Antitrust & Consumer hat do technophobia, e-filing, and legal ethics Protection in the Information Age (ABA) have in common? Ask Jim Oliver, an inept e-filer, who refused to master e-filing in Oklahoma. • Internet Law for the Business Lawyer (ABA) WSee State ex. rel. Oklahoma Bar Ass’n v. Oliver, 369 P.3d • Electronic Discovery & Digital Evidence in a Nutshell 1074; 2016 Okla. LEXIS 37 (2016). Censure and suspension (West) followed. Although the suspension was eventually lifted, the • Virtual Law Practice: How to Deliver Legal Services court admonished Mr. Oliver for violating the ABA’s Rules Online, 2nd ed (ABA) of Professional Conduct, reminding all attorneys to stay up to • Virtual Law: Navigating the Legal Landscape… speed on developments in legal practice technology. (ABA) Help is as close as the local county law library. Also, we have an assortment of practical guides to help attor- neys improve their skills in just “one hour”: Mr. Oliver’s difficulties with e-filing were likely symptomatic of greater problems in his practice. Failure to use an electronic Linked-in; iPad, Adobe; Facebook, Google, and all MS Office components. citator such as KeyCite or Shepard’s, for example, or to update a legal treatise with the most recent information also violates The Library thanks the Friends of the Law Library for its this RPC. Avoid your own censure or suspension by using the collection of law office management materials. Law Library’s dedicated workstations to update your research or to e-file. Free access is provided to KeyCite, Shepard’s, over 714 online treatises, SupportCalc, and all state and federal Laurie Miller is the Director of the Pierce County Law Library. primary law. If you want to cite the law as it is today, our She is an active attorney with the WSBA and member of the TPCBA. materials will provide that information. Laurie can be reached at 253-798-2973.
PIERCE COUNTY LAW LIBRARY HOURS: Monday: 8:30 am - 8:00 pm • Tuesday - Friday: 8:30 am - 5:00 pm • CLOSED Weekends and Legal Holidays
November/December 2016 | PIERCE COUNTY LAWYER 27 PROFILE
Howard Comfort III
any of us have interesting JC: The fraternity famous for John been known to run to the waterfront and hobbies and pursuits outside Belushi smashing his guitar against the dive in for a swim around the bay. In my the law. We coach football wall during the Toga Party in “Animal younger years I was into in-line skating Mor teach cooking at TCC, but few have House”? around the 5 mile loop in Point Defiance. the duel persona of Tacoma attorney I also love Ultimate Frisbee. My son, Sam, HC: That’s the one. Howard Comfort III. By day Howard is is a competitive player and I try and keep a fixture in the Tacoma legal community JC: That must have been interesting. up with him. I’m also really into naps and and has been since opening his office HC: You don’t know the half of it. I was good old rest and relaxation. Everyone can in 1990. But come 5PM Mr. Comfort lucky to make it out alive, but that’s a story use a good nap now and then. sheds the wingtips for a Marshall amp for a different time. JC: How did you first get interested in and a screaming guitar as he fronts three music? classic rock bands playing the NW bar JC: You’ve been in private practice since and festival circuit. I had the pleasure of graduating from UPS Law School in HC: My parents are both musical, but it sitting down with the hardest working 1989, tell us a little about your practice was my mom who planted the musical musician in the Tacoma legal community and what you do. seed; she started me with the violin. and learned about the passion that drives HC: I do mostly family law with a little JC: That must have gone over well… his music. future rock star playing the violin.
JC: Your band has been a fixture at criminal law. I seem to be able to relate HC: It worked out pretty well for the Lawyerpalooza since the bar started the to the issues my clients are going through Charlie Daniel’s Band, but you’re right, it event, but tell us a little bit about you in their domestic cases and I think that wasn’t long before I was playing bluegrass and where you’re from. empathy really helps me connect with and classic rock licks on my violin. I HC: I was born in Boston and attended my clients. I do some criminal defense begged my parents for an electric guitar, prep schools on the east coast while work but not any major felonies. One of but I guess that was too much of a leap growing up. My mom was from Centralia my good friends, Paul Landry, told me from the violin so they ended up getting and my dad was from Philly. They met once that you only have so much stomach me an acoustic guitar. lining so don’t burn through it doing while both were attending the University of JC: Do you still have your first guitar? Washington, got married and moved back cases that will give you ulcers. I limit my HC: Yes, its an old Cortez guitar that east, and the rest is history as they say. criminal practice to lower-level felony and misdemeanor cases. I cut my teeth on and I still have it. I JC: How did an east coast guy end up in occasionally break it out when we have Washington? JC: Beside music, what are your epic jam sessions at my house. interests outside the law? HC: I moved out here in 1979 to follow JC: Speaking of that, you have quite the in my parents’ footsteps and attended the HC: I’m into total fitness, mind and body. practice facility set up at your house. UW. While out here I joined the Delta Tau I like to run, swim and bike - anything It looks like an Abbey Road studio was Delta Fraternity. that keeps me in shape. In the summer I’ve transported to your garage.
28 PIERCE COUNTY LAWYER | November/December 2016 BY JOHN CHRISTENSEN
HC: I set up the garage as a music studio and practice space. That’s where we have our jam parties and rehearsals. We have amps and mics for up to 7 guitarists, drummers and singers. It’s very conducive to good parties and good music. JC: Do you play instruments other than the guitar? HC: I play a little of everything; keyboards, violin, mandolin and bass guitar. I also
have a Turkish Saz, which is a six-string get into it and the better we play. It’s a the Stonegate on South Tacoma Way sitar-like instrument. With a little practice circle that leads to great performances. and Uncle Sam’s on Pacific Highway. The I can play most instruments other than the JC: What types of music do you play? house band plays the first set, then we drums. I can’t drum worth a damn. I’ve invite people up to plug in and jam with HC: The classic rock standards, Black also been singing a lot more in our shows. the band. We start it all over again on Sabbath, AC-DC, the Stones, early I started with background and harmony Friday night. I live for the music. If I’m Clapton and Cream, Deep Purple. This vocals and worked my way up to lead not playing I feel empty. It’s become a genre of music is second nature to me. vocals. It was hard at first, but now I’m biological need. We all grew up listening to this music and comfortable in front of the mic. when I play these songs I go on autopilot. JC: That sounds exhausting. JC: Did you have any formal musical That said, it’s very satisfying to learn a HC: That’s why I’m a big fan of taking training? new song, practice and perform it. Some of naps. Playing this often at my age requires the Heart songs or complex Led Zeppelin HC: Not really. Other than six years of power napping during the day. It can be songs can be very challenging but also very violin lessons, I’m completely self-taught taxing, but I wouldn’t give it up for the satisfying when the crowd starts rocking on the guitar. I can read music, but I learn world. I love what I do. and singing along. by listening and playing. I can listen to JC: How do you keep that schedule and a song on the radio and pretty soon I’ve JC: Tell us about your bands. maintain a fulltime law practice? figured out the riffs and hooks. I also learn HC: I front three classic rock bands; Soul HC: Lots of naps and precise time a lot from watching and listening to other Stripper, which is an AC-DC tribute band, players, seeing how they attack and bend Led Zeppmen, the Zeppelin tribute band, management. Being my own boss helps a the strings to get that perfect tone. It’s a lot and finally Subvinyl Jukebox, which plays lot and my wonderful paralegal, Prima of trial and error. the KZOK-style classic rock hits. Turczynski, keeps everything running and tells me where I need to be and what I JC: You’re obviously very passionate JC: You’ve been called the hardest need to being doing. about your music; what keeps you working musician in Tacoma. What is going? your weekly schedule like? JC: Do you have a favorite guitar? HC: At first it was the music, but I’ve HC: My week starts on Friday night with HC: Yes. My green Paul Reed Smith grown to really enjoy the performance part live weekend shows with Subvinyl Jukebox (Santana) Custom 24 fret guitar. It’s my of the job. It’s very seductive and addicting. and Soul Stripper. Sundays we do charity go-to axe. It has a great whammy bar and It’s like a drug, but in a good way. Once tributes or more live shows. Monday is it stays in tune no matter how hard you hit you get a taste for performing and the my day off and, coincidently, is not my it. It’s a real workhorse and it’s seen a lot of energy from the audience you need more. strongest day in the office. On Tuesday shows over the years. It sounds like a cliché, but you really do we have practice sessions at my home get energy from the crowd. The more the studio. Wednesday and Thursday I host audience gets into the show, the more we “Jam Nights” at various bars including Continued on next page.
November/December 2016 | PIERCE COUNTY LAWYER 29 PROFILE
JC: How many guitars do you have? HC: About 40 or so. I haven’t really counted in a while. Some are just practice guitars, but others are specific for my bands, like my iconic double-neck Jimmy Page “Stairway to Heaven” guitar that comes out during the Led Zeppman shows or the Angus Young Gibson SG that I play with Soul Stripper. JC: Do you have a favorite band? HC: That’s hard, but if I had to pick one it would be Led Zeppelin. The Beatles, The Stones and The Who, are all are great Queen Casino one of these days? that came from the mind of a genius. I would also like to go to the early London bands, but there is something magical HC: You might. For now I’m working on about Jimmy Page and Led Zeppelin. learning their catalogue and the nuances music scene to see the young Eric Clapton, All these bands have great songs, but the of their stage show. I really don’t know Jeff Beck and Jimmy Page and be one of breadth and complexity of the musical where this will lead, but I can’t pass up the the young London players. Who knows, arrangements and number of iconic songs opportunity to play with some real classic in an alternate universe I could be in the really sets Led Zeppelin apart in my book. rock icons. Stones or Yardbirds. JC: Have you jammed with any famous JC: So in your 50s you’re living the rock JC: I can’t believe we made it through guitar players? star life. Is it all sex, drugs and rock and this entire interview without a HC: I’ve had the honor of playing with roll? reference to Spinal Tap. local guitar legends Jerry Miller from HC: Yes and no. I’m past the sex and drugs HC: If it helps, I have an amp that goes to Moby Grape and Roger Fisher from Heart. part of the lifestyle and more into the 11 that you can look at, but can’t touch. I I’m also friends with Steve Lynch from rock n’ roll and the crowd energy. I have use it when I want to track my inner Nigel Autograph (One hit wonder Turn Up a girlfriend so I’m not into the groupie Tufnel. On second thought, don’t even look The Radio). I’m also friends with Randy scene and I’m too old and health conscious at it. Hanson who does the best Jimmy Hendrix for the drug scene, but I still love playing JC: Nice “Tap” reference. Any advice to tribute ever, he’s absolutely amazing. I also music live. It’s what I’m passionate about met J. J. Cale who co-wrote some of the the up and coming rock star? in life. great songs with Eric Clapton including HC: Follow your dreams. Find balance. JC: Buttondown shirt and tie or black After Midnight, Cocaine and Call Me The Don’t put all your eggs into the musical leather vest and leather pants? Breeze. basket. I got into the law, but never gave JC: Do you have any big gigs coming HC: Both. During the day I’m Clark Kent up my dream of playing in a rock and roll up? in a suit and tie, but at night I turn up the band. The meaning of life is balance, love Marshall and rock until they announce and moderation. These three principles HC: I recently got a call from Goldy last call and turn the lights on. It’s not a McJohn the original keyboardist for guide my life and my music. hobby, man. It’s a lifestyle and I wouldn’t Steppenwolf who performed the hits Magic give it up for the world. I wanted to be JC: Rock on Wayne. Carpet Ride and Born To Be Wild. Goldy a rock star my entire life and I’m finally HC: Party on Garth. is playing with some of the other members getting to live the life I’ve only dreamed of Steppenwolf and they’re now called about. Steppenwolf Revisited. It looks like I might John R. Christensen is a be singing at some of their upcoming gigs. JC: If I lent you my time machine where partner at Evergreen If things work out, we could be playing would you go? Personal Injury Counsel in shows and classic rock festivals across the Tacoma. He is the immediate HC: I would love to go back and jam with country. Past President of the TPCBA Jimi Hendrix and be there while he figured & Chair of the 2016 Bar JC: So we might see you and out songs like Voodoo Child and Little Convention Committee. Steppenwolf Revisited at the Emerald Wing. They are amazingly complex songs
30 PIERCE COUNTY LAWYER | November/December 2016 FRIEND Committee By Sarah Richardson
The motto of the TPCBA FRIEND Committee is: FRIENDS of The Month To Contact:
“Friendship improves our DECEMBER: Tom Balerud [email protected] - 253-573-1111 happiness and abates our misery, JANUARY: Lynn Johnson by the doubling of our joy, [email protected] - 253-393-3333 FEBRUARY: Tom Balerud and the dividing of our grief.” [email protected] - Cicero
If you learn of a TPCBA member who is ill, going to have Sarah Richardson is Division Chief at the Pierce surgery, has passed, is having a baby... celebrating an occasion County Prosecutor’s Office Family Support or suffering a sadness, please reach out to the FRIEND Division. She is chair of the FRIEND Committee Committee of the month, call a TPCBA Trustee, or Kit at the and can be reached at 253 798-6523 or Bar Office. Our committee works for everyone. [email protected]
Amanda Cook is pleased to announce the opening of her new office:
Law Office of Amanda J. Cook, pllc 2727 Hollycroft Street, Suite 110 Gig Harbor, WA 98335
253-265-7515 [email protected]
Proudly accepting your family law referrals.
November/December 2016 | PIERCE COUNTY LAWYER 31 The theme of this issue of the Pierce County Lawyer is “health”. We invited members of the TPCBA to submit short articles describing what they do to stay in shape. Here are their personal fitness stories.
Hike, Camp & Paddle [ Richard Milham ]
hen here in Gig Harbor in the summer, I day hike and tent camp with my wife Debi in or near Olympic National Park Wand Rainier National Park. We have hiked many of the eastern slopes of the Olympics, and are starting to work our way around north and south with hopes of getting more western side hikes in the coming years. When I’m not hiking, I’m swimming and weight training at the YMCA.
When in Kona, Hawaii, I paddle outrigger canoes with the Keauhou Canoe Club on a daily basis. These are 6 and 12 person Polynesian style outriggers. When I’m not paddling with the Club, I’m training and/or racing one and two person outriggers with the Hawaii Island Paddlesports Association. I also swim, body board, and hike in Kona.
Note: Pictures are from Panhandle Gap out of Summerland in Rainier National Park this summer, and Humpy’s Valentines Day Relay with Hawaiian Island Paddlesports Association last spring.
32 PIERCE COUNTY LAWYER | November/December 2016 The "Doing" of Yoga [ Patrick Palace ]
s I finished up my last months as the WSBA President, it was obvious to me that doing more was getting harder. That may sound odd, but truly, doing Amore has always been easier for me than doing less. But being President, running my law office and being a father and husband was about as much as I could do. That's when I had that "ah ha" moment. If I wanted to keep on "doing", then I needed some new tools.
I have always had exercise in my life like weights and MMA (Mixed Martial Arts), but needed something else that was both physical and spiritual. I added in some yoga and it immediately slowed the onslaught of injuries that my MMA practice was creating. But, I didn't see it as much of an answer right away. Over time however, yoga gave me new abilities. Greater flexibility and core strength turned out to be the key to avoiding injuries. In fact, eventually, my injuries just stopped happening.
Additionally, my wife loved yoga and was going constantly. So, I went more often to be with her. It gave us something else we had in common. With more time spent on the mat practicing yoga, I realized I didn't need MMA or weights. Yoga alone made me feel fit and strong.
Spiritually, yoga gave me quiet, peace, time to go inward and time to reflect. For me, these turned out to be the antidote for stress and made me feel human again. As my yoga practice grew, I found new capacity to handle more, do more, and be happier. In fact, I became so in love with yoga and the new tools it gave me, my wife and I opened up our own yoga studio. In September 2014, Yoga Palace was born. It's thrived and I'm happy to report that we just celebrated our second birthday.
So, here's the bottom line; I won't tell you that yoga is “the answer" for everyone, but it is a tool that teaches you how to live better and more fully...and along the way you just might gain a very happy new community of like minded people to share your mornings and evenings with, everyday.
CrossFit Competition [ Morgan Chaput ]
am pictured in red competing in a CrossFit competition at CrossFit Federal Way. I have been doing CrossFit for a little over two years at CFFW, typically 5 to 6 days per week for about an Ihour each day. CrossFit involves Olympic weightlifting, squatting, cardio, and body weight movements, like pull-ups. Doing CrossFit has done wonders for my physical health and mental sanity, given how crazy this job can be!
healthy body + healthy mind = happy life
November/December 2016 | PIERCE COUNTY LAWYER 33 Eat Well, Be Well! [ Lisa Blakeney ]
o you struggle to eat rainbow of food colors all day. healthy while juggling a busy practice, family and Eat protein, vegetables, and fiber in every meal, to feel full, Dpets, obligations, and an occasional balance blood sugar, and nourish your body. bit of fun with friends? It is too Breakfast: Add spinach and bell peppers to an omelet, or easy to choose the wrong foods make a green smoothie with fruits, vegetables, protein or allow our stress to drive us to powder. drink excessively, or maybe we just struggle to juggle everything at once. Lunch: Eat salad, include a rainbow of foods like carrots, bell peppers, cucumbers, celery, tomatoes, purple cabbage, Having overcome some of my own broccoli, and cauliflower; anything you like, just make it a struggles, like being overweight, diverse mix. Top this salad with a protein and a homemade stressed out, inflamed, and dressing of extra virgin olive oil, balsamic vinegar, brown miserable, I knew I had to change, mustard, minced garlic, salt, pepper. In the winter, soup so I started by learning how to eat seems more nourishing than salad; try something similar better. I lost 50 pounds, learned for a large pot of soup. Bok choy, celery, carrots, cauliflower, to enjoy my life, achieve balance and proper nutrition. This ginger and chicken soup; chicken noodle soup with kale or process took me back to school at the Institute for Integrative spinach; vegetable soup – any vegetables you have on hand, Nutrition where I earned my certification in Integrative add leftover chicken, pork, beef, tofu, beans, or legumes for Nutrition Health Coaching. Aware and Vibrant Living is protein. my health coaching practice where I help busy professionals transform their lives to happy, healthy, balanced and thriving. Snacks: Does Starbuck call you at 3:00 p.m.? Try something I am on a mission to help others learn to thrive rather than new - carrots, celery, bell peppers with hummus; apple slices merely survive. with almond butter/organic peanut butter; kale chips or root vegetable crisps. Drink more water, too. I want to share some tips and tricks with you. Dinner: Finally, we literally switch up our dinner plates. First, this is not a diet, but a lifestyle change. All the diets you Have you measured your dinner plates? Are they huge like have tried and failed are in the past. Move into the future - a mine, almost a foot in diameter? I have been using my salad different outlook, a different way of thinking. If you want a plates for years as they are fully 9 inches in diameter - plenty different result, you have to try a different strategy. You don’t large. Fill salad plates 2/3 – 3/4 full of vegetables, like a salad have to suffer from deprivation and cravings. and a side vegetable of steamed broccoli or carrots. Fill the Shift the focus - get real, lasting results. remaining 1/4 – 1/3 with a healthy protein, like grass fed beef; Look at the food you eat. organic, pasture raised chicken; wild-caught Alaskan salmon; Pay attention to what your body tells you about that eggs, beans, legumes, or tofu. Get creative, cook for yourself food. and others, and try something new each week. Look at other factors affecting you. A transformation to a healthy diet is a slow process, requiring Think about restoring yourself to a balanced, fulfilled, dedication, guidance, encouragement, accountability. Begin happy, healthy person – making your presence in the small, keep a steady pace, improve each day. Don’t be hard on world better for you and everyone around you. yourself; give into your cravings, eat what you crave, notice Restore your confidence, how you feel, move on. Eat better the next day. your physical constitution, It can seem overwhelming, but it doesn’t have to be. With the your personal energy. right guidance and support you, too, can live a healthy, busy, This is Aware and Vibrant Living! thriving life.
Begin by drinking more water; reduce soda, sparkling waters, Lisa Blakeney is a Certified Integrative Health Coach, the owner of vitamin water, smart water, energy drinks, Gatorade and so- Aware and Vibrant Living, LLC, and a Legal Assistant at Gordon called “nutritious” sports drinks. Drink water!! Lots of it!! Thomas Honeywell in Tacoma. Lisa works with busy professionals who have lost themselves while living their busy lives; and facilitates Next, increase vegetable intake. Fresh, locally grown, organic transformation to happy, healthy, balanced beings; enriching their lives vegetables, raw or cooked, with every meal and snack. Add and the lives of those around them. a variety of different colored vegetables to every meal; eat a awareandvibrantliving.com - [email protected]
34 PIERCE COUNTY LAWYER | November/December 2016 A Sailing Adventure [ John Christensen, Heather Straub & Matt Thomas ]
oard of Trustees John Christensen and Heather Straub enjoyed an afternoon cruise in August aboard TPCBA President Matt Thomas' sailboat, "Maria Cristina". It Bturned out to be a beautiful day. John was a natural sailor and left a straight wake behind them. Heather quickly learned the difference between a tack and a jibe and was inspired to take up sailing. I Walk... a lot [ Colleen Klein ]
grew up working in the fields. I love being outdoors. For years and years, I ran. Now, I walk a lot. I walk up hills, along the waterfront, through Ineighborhoods, over bridges. I notice when a house is painted, a business opens, a garden is planted. I recognize and greet my neighbors. When I am stressed by work, or confused, or uncertain, I take off for a walk. When I return, things never seem as daunting. I find that a solution to my issue has just popped into my head. So, I keep walking. People ask me how I deal with the rain. Rain? It’s good for the crops.
Colleen is retired from the U.S. District Court, where she worked for many years as a law clerk for U.S. District Judge Robert J. Bryan. She now teaches Nursing Ethics at Olympic College in Bremerton.
Bike Rides [ Chris Maharry ]
ike rides, sometimes long ones (picture is the finish line of this year’s Seattle to Portland bike ride), and a B5:30 a.m. Boot Camp at the YMCA in Gig Harbor!
healthy body + healthy mind = happy life
November/December 2016 | PIERCE COUNTY LAWYER 35 I Started Walking [ Cameron Fleury ]
was over 340 lbs. about 3 years ago and I had just plain had enough. I started walking. (I called them “death marches” even when they were only a few blocks long. Sad, I know.) After a few months I started thinking about life changes to Iget healthy and I stopped eating fast food. Then I stopped drinking. All the while my walks were getting longer and longer. After about 18 months I was down about 75 lbs and three suit sizes. I was off several blood pressure medications and I was feeling pretty good. I decided I would do a Warrior Dash, and did with friends. I decided I would set a goal to climb Mt. Rainier. So I started walking on hills and hiking. That turned into backpacking. I was able to resume scuba diving and snow skiing as well. I have done three of the Warrior Dashes and the last one was far too easy, so I am planning on moving up to the “Tough Mudder”.
I turned 50 in June and made arrangements to climb Mt. Rainier in August. I started with little climbs like Mt. Si and Rattlesnake Ledge. Then I found out about a class and signed up for it. I highly recommend it for anyone who wants to build these skills. It is called the BCC – Basic Climbing Class. I took it through Boealps (Boeing Alpine Society. Call me if you want any information regarding this class). In this class we climbed Big Chief, Red Mountain, Devil’s Peak, and several others. I then climbed Mt. St. Helens on my own, all on my way to getting ready for Mt. Rainier scheduled for August 13-14. I made it to the top of Disappointment Cleaver at 12,400’ (higher than any other point in Washington) where my guide made me turn around and put me on a rope team with others, who wanted to give up. I was very upset and didn’t want to quit, but did what I was told. I plan on continuing getting healthier and in better shape and tackling Mt. Rainier next summer! I have attached some pictures. (Red Mt (I am the one in the lead), Sunrise over Little Tahoma (on my way down from Disappointment Cleaver), and Mt. St. Helens (Mt. Adams over my shoulder). It was a beautiful sunrise despite my being upset I didn’t reach the summit.)
I have lost over 100 lbs. and am no longer taking any daily medications (I had been taking 5 daily meds) and I feel better than I have in decades. I have also met a lot of fun people and look forward to continuing to hike and climb and get into better shape.
Exercise with Friends [ Alicia Burton & Michelle Luna-Green ]
op in at the Downtown Tacoma YMCA during your lunch hour on any Monday, Wednesday, Friday and you will find a group of sweaty, out-of-breath attorneys, managing their stress levels and struggling to do the Noon Bootcamp Pclass. Some of us are more successful (and have better attendance) than others, but we don’t need to mention any names here, and everybody enjoys and benefits from the camaraderie. We come from all agencies, including the Attorney General’s Office, Pierce County Prosecutor’s Office, Tacoma City Attorney, County Council, and private firms. Ironically, many of us met each other through the class and knew each other as real people before we crossed paths on our jobs. Much like the practice of law, we keep each other honest and push each other beyond our limits. If you want to see grown attorneys cry, stop on by! It’s a great way to spend your lunch hour! In fact, there are no excuses not to join us!
36 PIERCE COUNTY LAWYER | November/December 2016 Hiking & Climbing [ Thomas L. Dashiell ]
stay healthy by engaging in a variety of activities. I try and run around Tacoma a few times per week, weather permitting. I also like to get down to the Stadium Bowl and run the stairs, which Iis quite a rigorous workout. The downtown Tacoma YMCA also has a special place in my heart. I go there to lift weights and get a good basketball run in, sometimes at the 5 am game before work. I often see other TPCBA members down there also.
But by far the most stimulating way I stay healthy, both physically and mentally, is through hiking and alpine climbing. I have had a chance to summit a number of the peaks in the Cascade Range from Washington down to California, including Mt. Shasta, Mt. Hood, and Mt. Adams. A storm forced me off of Mt. Rainier on my way to the summit a few years ago, but I plan to conquer it soon. They say that the best view comes after the hardest climb. I agree. From hiking and climbing you not only get a challenging workout, but great perspective and self-awareness, and you get to engage with, and enjoy nature. Nothing better. Note: Photos from a hike to Mailbox Peak last Oh, I also try and eat relatively healthy, but those Shake, Shake, Shake summer and from a climb to the summit of Mt. Shasta burgers are darn good! a few years ago.
Triathlon "Clydesdale" [ Nelson Fraley ]
t’s a surprise to some when he toes the start line of a triathlon. He’s not small, skinny or stealth. In fact, in the world of triathlon Nelson is referred to as a Clydesdale. “I, however, lack the majesty and power of such a creature” states IFraley. He’s a 5’ 9” 200-plus pounder that swam 2.4 miles, biked 112 miles and then finished off a day by completing a marathon run (26.2 miles) all under the allotted time of 17 hours. Since 2013 Nelson has completed three Ironman 70.3 events. He’s crossed the finish line at two Arizona Ironman triathlons and completed over a dozen Olympic distance and sprint distance triathlons. Once again in November 2016, he competed in his 3rd Ironman Arizona.
Since 2011, Nelson has been training to run in Marathons and half-marathons as a result of his doctor’s suggestions. As the result of a dare, Fraley agreed to sign-up for the 2013 Lake Stevens, Washington half-Ironman. The rest as they say is history. It was the perfect challenge to get this University Place personal injury attorney to swim, bike and run in order to keep his blood pressure down and keep his mind right.
healthy body + healthy mind = happy life
November/December 2016 | PIERCE COUNTY LAWYER 37 I'm Addicted [ Doug ]
i everyone. My name is Doug, and I’m an addict. I have three addictions, exercise, chocolate Hand my wife... and not necessarily in that order. It started in 1971 with distance running. I had tried the usual stuff, football, basketball, baseball; but nothing gave me a rush until I tried track and suddenly “runner’s high” kicked me like a mule and I was hooked. I haven’t been clean since. Running & Chocolate [ Sarah Richardson ]
oth “stay” and “fit” may be overly optimistic descriptors. I “attempt” physical and mental health by grudgingly running a few times a week, trying new adventures (see photo of my son Band myself this summer) and hedonistically gorging on dark chocolate.
Instead of getting better with time, it got worse and I got in deeper and deeper. I hit the really hard stuff, triathlons, and Hawaii Maybe it’s Good Genes Ironman in the 80s. I hit rock bottom. Since then I have tempered the habit. Now it’s [ Mark Adams ] just the Olympic Distance, and maybe just or me it’s a combination of exercise and seven short races a year. trying to eat healthy foods. I aim to do What’s worse is my daughter took it up something physical every day. I run three Ftimes weekly for a half hour. In between, I hike, and went pro this year, and now my son is taking a shot at it. The spouse is not play golf (without a power cart), walk briskly, pleased. One addict in the family is enough kayak, ski, do yoga, work out - whatever suits according to my enabler. my mood, the season, and the weather. On the eating front, I whip up a fruit/veggie/walnut On the plus side it’s kept me out of the smoothie for breakfast and otherwise try to bars at night. So much money spent on follow a semi-Mediterranean diet of whole equipment and travel expenses keeps me grain breads and cereals, vegetables, fish and out of casinos and card games. I get home chicken over red meat, olive oil, water and low-fat milk. I don’t salt or late every night but she knows where sugar my food. I do like desserts but seldom go too far in that direction. I’ve been, and her friends keep an eye on me. I don’t have the time or energy to So far, this formula has worked as my BP and cholesterol numbers cheat on her with anything except YMCA are good, resting pulse is 48. On the other hand... maybe it’s just good equipment. genes!
Over the years I’ve seen more and more attorneys spending their time there at the "Y". Once you’re hooked it’s hard to let go. You can join EAA by going to ExerciseAddictsAnonymous.com. We promise to keep your membership a secret. healthy body + healthy mind = happy life
38 PIERCE COUNTY LAWYER | November/December 2016 WELCOME SHASTA L. KELLEY TO THE LEDGER SQUARE LAW TEAM! Shasta’s practice includes advising clients on real estate transactions and real estate litigation. Shasta shares our common goal at Ledger – to provide creative, common sense,
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November/December 2016 | PIERCE COUNTY LAWYER 39 The TPCBA Guardianship Committee Leads the Way!
hen Deborah Jameson of some of Pierce County’s most vulnerable an impact. “It’s not enough to have Neil and Neil, PS approached individuals. these materials available, we want to the TPCBA Volunteer Legal do a guardianship clinic as well.” With WServices Program (VLS) this Spring with Spreading the wealth willing volunteers leading the way, it a proposal for a new legal clinic, she had is easy for VLS to get a clinic started! all of the details worked out. Deborah of knowledge. In July the Adult Guardianship legal proposed a start date, time, and location Often, clients’ problems can be solved clinic launched, and served 3 clients. – she even had volunteers lined up with minimal help. Without legal In August and September 18 clients and ready to go. “Let me know what counsel, low-income people may live received legal help. As word spreads, next steps I need to take,” she wrote. “It in fear, suffer exploitation, or forfeit demand for these services increases. makes sense to us to start and see how it their rights. With the help of volunteer Pierce County is fortunate to have a works out.” attorneys, VLS helps narrow that justice ready supply of guardianship attorneys gap. An hour of expertise provided willing to help. Lending expertise by a volunteer attorney can save an individual from an abusive relationship, The need is real. where needed most. keep a financial problem from turning Last year VLS provided legal help to over 7,500 clients, and the demand continues to grow. Attorneys and firms around Pierce County are stepping in to bridge the justice gap. Over two dozen new volunteers have joined the program this year, and there is always a need for more. One attorney, volunteering once a month for 2 hours, increases our capacity to serve an additional 60 clients every year. You help meet the VLS Project Coordinator Lindy into homelessness, or resolve a minor need. Laurence, and Staff Attorney Sarah problem before it becomes disastrous – VLS is powered by attorney volunteers. Eaquinto met with Deborah and and also get that box of receipts sorted The VLS office receives over 100 phone colleague Chris Neil, who explained out. calls a day from people seeking legal the difficulty lay guardians have in help. Volunteer Legal Services staff preparing the mandatory accounting Two weeks after meeting with Deborah and office volunteers conduct client reports required by the courts. They and Chris, the TPCBA Guardianship intakes, schedule and facilitate legal have witnessed first-hand the frustration Committee invited Lindy and Sarah to clinics, deliver staff support and provide it can cause when guardians are not a meeting. The Committee had been malpractice insurance, but VLS relies on properly prepared. “Some clients might working, along with Commissioner volunteer attorneys to meet the demand come in with a shoebox of receipts,” Diana Kiesel, to compile pleadings, for legal services. they explained. Deborah and Chris standardize forms, and write reasoned that providing an hour or two instructions for pro se clients to use We make it easy, you of assistance a month to these guardians when filing for a guardianship. In would help meet that need, and ensure addition to the multitude of resources make it possible. they were collecting to be available to that pro se guardians are informed, With over 50 opportunities to volunteer individuals online, they knew hands- prepared, and able to maintain the every month, there’s sure to be a legal on help would be needed to really have guardianships that provide protection to clinic that works with your schedule,
40 PIERCE COUNTY LAWYER | November/December 2016 visit www.tacomaprobono.org for more information
area of expertise and location. If you cannot make it to a regularly- scheduled clinic, you can answer questions on Washington Web Lawyer (www.waweblawyer.org) at any time or place that works for you. Volunteer Legal Services staffs and supports the statewide Washington Web Lawyer project. Or you can always follow the lead of the Guardianship Committee and launch a new clinic! Every hour you give is time well spent, and a single act of benevolence can be far-reaching. Our clients have no alternatives – your volunteer work brings justice and hope. Join us, and be part of the equal justice movement in Pierce County.
If you know a client who could benefit from the services we offer, want printed materials for your office, or would like to volunteer with us, please call us at (253) 572- 5134, or email Lindy Laurence at LindyL@ tacomaprobono. org. Check out the Lay Guardian resources organized by the Guardianship Committee and available on the VLS website: www. tacomaprobono.org.
November/December 2016 | PIERCE COUNTY LAWYER 41 The Tacoma-Pierce County Bar Foundation and the Campaign for Equal Justice recognize the Pierce County law firms which have made a 2016 pledge to the Pierce County Law Firm Campaign for Equal Justice as of October 14, 2016 – thank you for your support! Your firm can become a Champion of Justice with a pledge of $300 per attorney; pledges are due by December 15, 2016 but payable through June 2017.
Gordon, Thomas, Honeywell Connelly Law Offices Rush, Hannula, Harkins & Kyler Hester Law Group Palace Law Offices McGavick Graves Troup, Christnacht, Ladenburg, McKasy, Durkin & Speir Law Offices of Mark C. Wagner Rod Ray Evergreen Personal Injury Counsel Morton McGoldrick Law Office of Harold D. Carr Kampbell & Johnson, PLLC Law office of Michael Frans Andrews & Arbenz The Law Offices of Ben F. Barcus & Associates PLLC Ronald E. Thompson PLLC Law Office of Michael Austin Stewart Law Offices of John Meske
TPCBA Mentorship Program INFO:
The Mentorship Program chaired by Wendy Zicht is pairing seasoned attorneys (in practice at least 10 years) with new lawyers (in practice less than 5 years).
For those interested mentors or mentees, send your form to: Wendy E. Zicht, Attorney at Law 2207 North 30th Street Tacoma, WA 98403 (Form can be found on the TPCBA website under Resources for Attorneys, and also under Forms) or go to: www.tpcba.com/about/ committees/mentorship/
42 PIERCE COUNTY LAWYER | November/December 2016 ATTENTION, FAMILY LAW ATTORNEYS! How do you divide a divorcing couple’s money? Do you look forward to calculating the present value of retirement plans? Does analyzing the interpolated terminal reserve of a life-insurance policy quicken your pulse? Of course not. Otherwise, you’d be a financial planner. Not an attorney. But you need a financial planner... that would be me. Why me? Is it because I’m a Certified Financial Planner practitioner? Is it because I have three masters degrees? Is it because I have a bunch of letters after my name? Is it because I completed over 40 hours of mediation training? That’s all well and good, but what’s just as important: I won’t say something stupid to embarrass you. Let’s face it; referring a client to someone is risky. Your reputation is on the line. I won’t disappoint you OR your client. You see, I’ve been successfully helping clients for over 20 years.* FINANCIAL SERVICES, LLC Whether your divorce case is collaborative or not-so- Chris Kimball CFP, MSFS, AEP, CMFC, CLTC collaborative, call me. I specialize in equitable asset CK FINANCIAL SERVICES distribution.
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November/December 2016 | PIERCE COUNTY LAWYER 43 Judicial Dispute Resolution, LLC is pleased to announce and welcome JUDGE LINDA LAU, RET. as a new panelist Former Court of Appeals Judge Former King County Superior Court Judge Judge Lau is available to provide mediation, appellate consultation, arbitration and related services
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November/December 2016 | PIERCE COUNTY LAWYER 45 ZEN LAWYER BY MARK LINDQUIST
CHAPTER 17
will you help me? Can you help me?” Dorothy To be a lawyer, you walked the yellow brick road of law “Oh, asks the good witch in “Wizard of Oz.” school and ducked the flying monkeys. You crossed the bar exam river and outsmarted the snipers. Remember when you “You don't need to be helped any longer,” the good witch says. received your bar results? “Nothing in life is so exhilarating as “You've always had the power to go back to Kansas.” to be shot at without result,” as Winston Churchill said.
“Why didn’t you tell her before,” the Scarecrow asks. So here we are, lawyers on the other side. Zen is not about escaping the steps of the journey, but about appreciating every “She wouldn’t have believed me,” the good witch says. “She step and growing wiser on the path. had to learn it herself.” You can learn Zen from meditation, reading, and studying, “What have you learned, Dorothy?” but you can also learn Zen from children’s movies and “Well, I—I think that it, that it wasn't enough just to want to children themselves. My young daughter may be my best see Uncle Henry and Auntie Em -- and it's that -- if I ever go teacher. Children can be terribly un-Zen, which can test your looking for my heart's desire again, I won't look any further Zen, but they can also be terrifically Zen. They experience than my own backyard. Because if it isn't there, I never really and express pure joy, let go of upsets quickly, make friends in lost it to begin with! Is that right?” a heartbeat, and they are endlessly curious and positive.
In the Zen Story “On the Other Side,” a young Buddhist on “’What day is it,’ asked Pooh. his journey home came to the banks of a wide river. Staring ‘It’s today’ squeaked Piglet. hopelessly at the great obstacle in front of him, he pondered for hours on just how to cross such a wide barrier. ‘My favorite day.’” Just as he was about to give up his pursuit to continue his journey, he saw a great Zen teacher on the other side of the river. The young Buddhist yells over to the teacher, “Oh wise one, can you tell me how to get to the other side of this river?” As a Zen lawyer, The teacher ponders for a moment looks up and down the river and yells back, “My son, you are on the other side.” don’t wait for when. In law and life, some suffer from the illusion that there’s a place where all that glitters turns to gold. We will be happy You are already on the when we get there. . “When I make partner I’ll have more money. Then I’ll buy other side that big house. Then I’ll be happy.”
The classic equation goes like this: “When ____, then ____, and then I can be happy.”
When, then, then.
Actor Jim Carrey lived this math and said, “I think everybody should get rich and famous and do everything they ever dreamed of so they can see that it's not the answer.”
Like Dorothy, you have the power, you don’t need anything Mark Lindquist is our Pierce County Prosecutor. from behind the curtain. Copyright 2016 Mark Lindquist.
46 PIERCE COUNTY LAWYER | November/December 2016 WE ARE DOWNTOWN
STEPHEN BULZOMI JOHN CHRISTENSEN JEREMY JOHNSTON JAMES MCCORMICK GEMMA ZANOWSKI
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