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Published Quarterly by Women Lawyers Volume 28, No. 4 Fall 2017 Presiding Judge Nan Waller Discusses Racial Disparity and Procedural Justice By Stephanie Engelsman n August 8 at the Mark O. Hatfield court is working hard U. S. Courthouse in Portland, Multnomah to identify and ex- OCounty Circuit Court Presiding Judge amine every point of Nan Waller gave an educational and eye-opening disparity. In This Issue presentation on the importance of implementing Judge Waller the principles of procedural justice as part of opened her discus- Racial Disparity, Procedural Justice the ongoing efforts to reduce racial disparities sion with provocative Workplace Leader in the justice system. Speaking at the Queen’s questions: Did we President’s Message Bench monthly luncheon, she called on the legal know that a black Renew Your OWLS Membership community to do our part to help. man is seven times Upcoming OWLS Events For the many people who have long been more likely to get sent working on reducing racial disparities in the jus- to prison than a white Judge Nan Waller Roberts & Deiz Award tice system, the failure to eliminate disparities is man? Unfortunately, Rep. Williamson at OWLS Event discouraging. “When I became involved in efforts that is the case according to a recent study by Judicial Appointments to reduce disparities in the juvenile system 30 the MacArthur Foundation. Where else do we Meet Judge Leslie Bottomly years ago, I assumed that with hard work and see racial disparity? Answer: with our children Adieu, Jim Yocom joint action we could tackle the inequities in in the foster care system, in youth detention New Oregon Laws our system in short order,” Judge Waller said. “I facilities, and in elementary and pre-school (yes, was naïve in my timeline because I did not fully pre-school) suspension rates. Everywhere we OWLS Book Drive understand the entrenched impact of historical look, Judge Waller said, the system is harder on GrOWLS and institutional racism throughout our commu- people of color than it is on white people, and Fundraiser and Fashion Show nities. I have come to appreciate that successfully everywhere we look, we see the effects of those addressing racial disparities will require both disparities on the justice system. personal and collective action.” For now, the Continued on page 6 Reynolds Law Firm Is Workplace Leader By Judge Darleen Ortega he OWLS Board of Directors, at the rec- about their personal experiences at the firm as ommendation of our Transformation well as how things can be improved. Problems are TCommittee, will award the 2017 Work- handled in a collaborative way that communicates place Leader Award to the Reynolds Law Firm in to the employees that they are valued, and their Corvallis. The firm will be recognized at the Fall ideas and input are received with enthusiasm. A CLE on October 27 in Portland. significant number of staff members have been The Reynolds Law Firm has organized itself in promoted through the ranks, because they have some creative ways that value the contributions been encouraged to invest in the firm and to of a diverse group of employees and prioritize demonstrate how they can contribute to the representing marginalized clients, who often firm’s success. have a hard time obtaining vigorous represen- 2. The firm aims for about 10% pro bono work, tation. Several of the firm’s practices could be which provides newer attorneys with excellent adapted to other types of law practice: practice opportunities and allows them to per- 1. The firm’s principal, Lorena Reynolds, holds form a role they value in the community. The quarterly meetings with all staff (lawyers and firm also prioritizes representing clients who non-lawyers), in which she not only gives them often have a hard time finding representation— feedback on their work but solicits their feedback Continued on page 8

OREGON WOMEN LAWYERS AdvanceSheet 1 FALL 2017 President’s Message n Friday, nership opportunities. The tri-county le- OSeptem- gal community continues to struggle with ber 8, I had diversity in firm partnership opportunities the privilege and judicial appointments; opportunities of attending lag even further behind in other regions the investiture of Oregon. In some regions, local bar President of the Honor- associations lack any diverse leadership. Angela Franco Lucero able Ulanda And these gaps reflect national trends. Vice President, President-Elect A study released earlier this year found Amber Hollister L. Watkins to the Clacka- that while women make up 50.3 percent Secretary Hon. Allison Boomer mas County of current law school graduates, only Treasurer Angela Franco Lucero Circuit Court 35% of lawyers at law firms and 20% of Megan Burgess bench. Judge equity partners are women.1 Similarly, Historian Watkins is only the eighth African while more than 30% of law students Maya Crawford American to serve on any of Oregon’s identify as persons of color, only 15% of Board Members courts. She became the third African lawyers and 7.87% of equity partners are Jacqueline Alarcón American woman to serve, following lawyers of color.2 Maya Crawford Sara Kobak the Honorable Mercedes Deiz, who was As an ethnic minority attorney, I look Katharine Lozano appointed in 1970, and the Honorable forward to the day when our legal com- Hon. Valeri Love Adrienne Nelson, who was appointed in munity accurately mirrors the diverse Aruna Masih Jennifer Nicholls 2006. Judge Watkins is the first African perspectives and experiences of the Kathryn Olney American judge, male or female, to serve citizens and communities that we serve. Yumi O’Neil outside of Multnomah County, and she is I ask myself, when will it be that the Susan Pitchford Adele Ridenour the first person of color to serve on the advancement of women and racial or Kristin Sterling Clackamas County Circuit Court bench. ethnic minorities is not unique but the Amanda Thorpe On behalf of OWLS, I offer our congrat- norm? How long will it take before an Val Tomasi Gloria Trainor ulations, Judge Watkins. event such as Judge Watkins’s investiture Jim Yocom I was delighted to help celebrate will be but another routine instance of a Past Presidents Judge Watkins’s historic achievement woman and/or a minority ascending to Laura Craska Cooper and also pleased when Governor Brown the bench? In my lifetime, will I see the Elizabeth Tedesco Milesnick Kendra Matthews subsequently announced that she would day come when women and minorities Kathleen Rastetter appoint Patricia McGuire, an African run out of firsts? I don’t know when that Megan Livermore American woman, to the Multnomah day will come, but I do know that it is Heather L. Weigler Concetta Schwesinger County Circuit Court bench. These ap- more important than ever that we come Gwyneth McAlpine pointments, however, are also strong together to do this meaningful work. The Heather Van Meter reminders that we still have much work continued diligence and dedication of Laura Caldera Taylor Kellie Johnson to do in Oregon. We see glimmers of OWLS and its specialty bar partners can Norma S. Freitas success all around us: a lawyer of color, help move us toward a more inclusive, Kate A. Wilkinson equitable, and diverse legal community. Jennifer K. De Wald an LGBTQ lawyer, or a woman named Sarah J. Crooks to the bench; law firms embracing com- OWLS was founded in the hope that it Elizabeth Schwartz pensation, promotion, and retention would be a catalyst for change in Oregon. Lori E. Deveny Debra Pilcher Velure policies that create a more inclusive OWLS and the specialty bars are working Marilyn E. Litzenberger environment; diverse colleagues named to serve the needs of Oregon’s people Teresa M. Kraemer as executive directors or general counsel by creating a more diverse and inclusive Patricia L. Heatherman Julie Levie Caron of companies or nonprofit organizations. legal community. As part of that effort, Phylis Chadwell Myles Yet, despite these successes, our journey OWLS will continue to offer programs Helle Rode is far from over. like our upcoming Fall CLE on October 27, Diana Craine Kathryn M. Ricciardelli According to recent data provided by featuring Barbara Arnwine, that focus Agnes Sowle the , there are approx- on issues of implicit and institutional Katherine H. O’Neil imately 15,011 attorneys in the state of bias and inequities in our justice system. Executive Director Oregon. Approximately 1,433, or roughly We will also provide education on salary Linda Tomassi executivedirector@ 10%, of Oregon attorneys self-identify as negotiations and pay equity, programs on oregonwomenlawyers.org a racial or ethnic minority. While we have political leadership, programs to support Editor made noticeable strides, women lawyers working parents, programs on trial advo- [email protected] and lawyers of color continue to struggle cacy and skills development, the Road to www.oregonwomenlawyers.org with issues including pay parity and part- Continued on page 3

Our mission is to transform the practice of law and ensure justice and equality by advancing women and minorities in the legal profession.

OREGON WOMEN LAWYERS AdvanceSheet 2 FALL 2017 President’s Message continued from page 2 Please Renew Your OWLS Membership the Bench series, and much more. OWLS t’s membership renewal time! Please take the time to renew your membership will continue to take the lead on holding today. You can renew easily online at www.oregonwomenlawyers.org. Your networking events throughout the state Imembership makes it possible for OWLS to provide the excellent programming so that we can build a community that is and services that support our mission of transforming the practice of law and ready and willing to advocate for change. ensuring justice and equality by advancing women and minorities in the legal Recognizing that improvement from profession. The OWLS membership year runs from October 1 to September 30. within is an ongoing concern, the OWLS We are upgrading and automating our renewal system, online membership Board of Directors is actively seeking to directory, and database. Members will soon receive an email with a link to a educate itself about issues of implicit personalized online membership form to update and renew your membership, bias and structural bias, while at the and an option to pay by check the old-fashioned way. same time continuing to explore ways In addition to supporting women and minorities in the legal profession, your to promote and increase diversity, equity, OWLS membership entitles you to many benefits, including these: and inclusion in the OWLS community. • A listing in the OWLS online, searchable membership directory, with an While we must take time to celebrate opportunity to add a professional photo the successes and accomplishments of our • The opportunity to join the OWLS email listserve, connecting you directly fellow OWLS members and friends, let to over 1,000 OWLS members to share referrals, law inquiries, job postings, us also remember that progress requires and other information change and change is almost always hard, • Access to the national women’s bar listserve through the OWLS office and sometimes it is profoundly painful. • A subscription to OWLS’ quarterly newsletter, the AdvanceSheet We have been horrified to witness the • A subscription to OWLS’ monthly electronic newsletter rise of white supremacists, neo-Nazis, • Discounted registration fees for OWLS CLE programs and invitations to and the KKK in the United States. Even special events so, our founding members will tell you • An opportunity to enroll in OWLS’ Contract Lawyer Service, which provides that striving to build a more just society access to unique job opportunities posted on the Contract Lawyers listserve has never been easy. The opponents of and a forum for discussion of topics of special interest to contract attorneys progress are not more numerous, they • Unique networking and educational opportunities are only more visible, vocal, and easier to If you have any questions, please contact OWLS Executive Director Linda identify. Knowing your adversary and go- Tomassi at [email protected] or 503.841.5720. ing forward with unity, knowledge, and confidence is the best way to promote the rule of law, create more inclusive communities, and oppose bigotry and prejudice. With that in mind, let us take a few moments to rededicate ourselves to not just promoting progress but accel- erating it by building on the foundation of our past and pulling together into our future.

Angela Franco Lucero President, Oregon Women Lawyers

Endnotes 1. Elizabeth Olson, “‘A Bleak Picture’ for Women Trying to Rise at Law Firms,” The New York Times, July 24, 2017 (citing data from the 2017 Law360 Glass Ceiling Report). 2. Natalie Rodriguez, “The Top Firms for Minority Equity Partners,” Law 360, August 20, 2017, available at www.law360.com/ articles/954556.

OREGON WOMEN LAWYERS AdvanceSheet 3 FALL 2017 Upcoming OWLS Events

Contract Lawyer Discussion Group Fall CLE and Joan Seitz Law Society Portland and by phone Oregon Women Judges Reception Roseburg Thursday, October 19, noon Featuring keynote speaker First Tuesdays, noon OWLS Headquarters Barbara Arnwine Daily Grind Café, 368 SE Jackson St. 121 SW Morrison St., 11th Floor Portland “How to use marketing and other strat- Friday, October 27, 1:30–5 p.m. Josephine County Women Lawyers egies to get hired as a contract lawyer” Embassy Suites Hotel, 319 SW Pine St. Grants Pass First Wednesdays, noon First Generation CLE and Reception La Burrita, 1501 NE F St. Professional Discussion Group “The Art of the Possible” Portland Eugene Lawyers’ Association of Friday, October 20, noon Friday, October 27, noon–6 p.m. Washington County Multnomah County Courthouse Wayne L. Morse U.S. Courthouse Hillsboro 1021 SW 4th Ave., #308 Second Mondays, noon–1 p.m. Family Law Mentoring Circle Aybla Grill, 180 E Main St. Cascade Women Lawyers Portland Third Wednesdays, 8:30–9:30 a.m. CLE and Reception Second Tuesdays, Feb.–June, noon–1 p.m. Insomnia Coffee, 317 E Main St. “Ethics in Dangerous Situations” Gevurtz Menashe Bend 115 NW 1st Ave. Queen’s Bench Friday, October 21, 3:30 p.m. Portland Deschutes County Courthouse GrOWLS Second Tuesdays, 11:45 a.m.–1 p.m. Register by contacting Erica Strader. Columbia River Gorge Mark O. Hatfield U.S. Courthouse First Wednesdays, noon–1 p.m. Child Abuse Reporting Hood River or The Dalles For more info, see the OWLS website. CLE and Fundraiser Portland Tuesday, October 24, 4–5:30 p.m. OWLS Creates One Barran Liebman 601 SW 2nd Ave., Suite 2300 Roberts & Deiz Award By Jacqueline Alarcón he 2018 Roberts & Deiz Award recipients each year, the Roberts & Deiz Dinner will be held on March 16 Committee relied on the legal commu- Tat the Portland Art Museum. We nity to fill out and submit nomination have been soliciting award nominations, forms along with requested materials. and you may have noticed some changes Award recipients were then selected by to the Roberts and Deiz Awards. Because the OWLS board based on the materials they are prestigious awards named after received. The person or entity submitting two women who helped shape profes- a nomination would select which award sionalism in the Oregon legal community, they felt the nominee should receive. the OWLS Board of Directors and the While there is no doubt that each re- Roberts & Deiz Award Dinner Committee cipient of these two awards merited the would like to explain to our membership award received, unfortunately the result and allies the changes implemented and of the nomination and selection format the thought process behind the changes. was that the Justice Betty Roberts Award The Justice Betty Roberts Award and has been awarded to a white lawyer, the Judge Mercedes Deiz Award were and the Judge Mercedes Deiz Award has first awarded to their namesakes, in 1992. been the only award given to a person Since that time, and with few exceptions, from the non-dominant culture. As a Creative Approaches both awards have been given to lawyers person of color, I know that OWLS did to Complex Problems who helped promote women and mi- not intend this result—namely, that an norities in the legal profession. I had the attorney from the non-dominant culture • Best Lawyers in America© 2006 – 2016 opportunity to meet Justice Roberts once could be awarded only the Judge Deiz • Oregon Super Lawyers© 2005 – 2016 in my career, but I never had the honor Award. OWLS essentially segregated the • Oregon Mediation “Lawyer of of meeting Judge Deiz. I have learned awards without meaning to do so. As the Year,” Best Lawyers® from those who knew one or both of we have started to learn about bias and • National Association of these amazing women that both were continue to come to terms with the deep Distinguished Neutrals© committed to the OWLS mission. interwoven web of how biases work in a Historically, the selection process for community founded on racist principles, 503-222-5949 the Roberts and Deiz Awards was the it became evident that OWLS did not www.Susan-Hammer.com same process used for various other account for implicit and structural biases prestigious awards. In selecting the award Continued on page 10

OREGON WOMEN LAWYERS AdvanceSheet 4 FALL 2017 Majority Leader Williamson Speaks at OWLS Event By Joanna Robinson f the thought of entering politics for emerging political leaders and is makes you shudder, if the idea of moderated by Judge Karin J. Immergut. Iknocking on doors and cold calling Political leadership requires communi- strangers instantly creates panic, if the cating ideas and solutions to the public in reality that you will probably be one of a way that encourages people to engage few female legislators or legislators of in civic activity. When asked about the color makes you cringe, Oregon House use of social media for communicating Majority Leader Jennifer Williamson says with the public, Representative William- you should run for office anyway. son said that she thinks it is better for Representative Williamson has found politicians to be selective and strategic that her most fulfilling work to date about what they post on social media Rep. Jennifer Williamson has been her work in the Oregon Leg- platforms. She noted that the old style islative Assembly, where she serves on of campaigning has changed dramatically before yourself. Once that shift in per- several committees, including the House over the past few years, and the level of spective occurs, she is certain that people Judiciary Committee, the Joint Ways sophistication for targeting certain audi- are surprisingly honored that you think and Means Committee, and the latter’s ences with campaign messages is being they can invest in the work you are trying Subcommittee on Public Safety. Despite fine-tuned by the minute. She warned, to accomplish. the ever-present social and structural however, that politicians should make Political positions are available at al- barriers that Representative Williamson every effort not to engage in negative most every level, and there will always faces, it is being able to take a problem campaign tactics. She also reminded us be openings for those who are willing and immediately address it, she says, that that there are still vastly different reper- to participate in one form or another. makes political life so rewarding. cussions for women on social media than Most importantly, practical and logistical Representative Williamson offered there are for men. support is available for anyone interested her thoughts at an OWLS luncheon on As someone who never thought she in becoming engaged with the political September 14 presented in Portland by could overcome her dread of fundrais- process. Leaders like Representative the OWLS Leadership Committee as part ing, Representative Williamson is now Williamson stand ready to help. of its Political Leadership Speaker Series. convinced that fundraising is a skill that Joanna Robinson is an associate at Lindsay The series focuses on skills and strategies can be learned by placing your promises Hart in Portland.

OWLS Members Appointed to Courts

wo OWLS members were ap- Tpointed to the bench by Gov. in July. Robyn Ridler Aoyagi was appointed to the Oregon Court of Appeals, and Katharine von Ter Stegge was appointed to the Multnomah County Circuit Court. LNS COURT REPORTING Judge Aoyagi, a graduate of Tufts & LEGAL VIDEO University and Harvard Law School, Witness the Difference. 503-299-6200/800-366-6201 had worked at Tonkon Torp since LNScourtreporting.com 2000, focusing on complex commer- cial litigation, with an emphasis on appellate litigation. Judge von Ter Stegge, a graduate of the University of Virginia and the University of Virginia School of Law, previously worked at the Mult- nomah County Attorney’s Office, the Oregon Department of Justice, and the Multnomah County District Attorney’s Office. She is a member of the Oregon State Bar Board of Governors and is the president of Queen’s Bench.

OREGON WOMEN LAWYERS AdvanceSheet 5 FALL 2017 Racial Disparity and Procedural Justice continued from page 1 Recognizing that many in the audience court system.3 “Clearly, perception is af- process, and the decisions that are made). practice civil law, Judge Waller explained fected by race,” Judge Waller said, and Judge Waller explained that even sim- that there is currently no data on the progress in eliminating disparities in the ple actions can make a difference in terms impact of racial bias in the civil justice justice system will be undermined if the of perceptions of the justice system. Every system, but the court hopes to participate public lacks faith in the results produced day she tries to apply the principles of in a research study to begin to explore by the courts. procedural justice in her own courtroom. this question. Reforms tied to procedural justice When she takes the bench each morning Judge Waller said that while we work are key factors in changing perceptions at call, she introduces herself and says to eliminate the inequities and disparities and eliminating racial disparity, Judge “good morning” to each litigant before in the treatment of people of color in the Waller explained. She pointed to a Yale moving onto their lawyers. She explains juvenile and criminal justice systems, we Law School report that asserts that the upcoming process and why she will also need to be aware of and address people are more likely to accept losing be looking at her computer that morning. the impact these disparities have had in court if they perceive procedures and She has crayons available for children who on public confidence in the justice sys- interpersonal treatment as fair. A 2008 appear with their parents. tem, especially within communities of UCLA neuroscience study shows that But more needs to be done, Judge color. Only 50% of the public think the perceived fairness activates the same Waller said, emphasizing that the com- performance of state courts is “good” brain circuitry as does winning money munity must be part of the process. In or “excellent” according to a 2007 New or eating chocolate! late 2016, Multnomah County judges York state survey. Another 33% think the Fundamental to procedural justice launched the first of a series of “com- courts are “just fair,” and 6% think they are four principles, Judge Waller said. munity listening sessions” to learn more are “poor.”1 Broken down by race, 59% They are (1) voice (the opportunity for about the community’s perceptions of our of white people think the court system members of the community to present justice system. Judge Adrienne Nelson fa- is “good” or “excellent,” compared to their side of the story); (2) respect (com- cilitated the sessions, and they were held 47% of Hispanics and 31% of African munity members are uniformly treated in three different locations around the Americans who feel this way.2 A recent with dignity, with engagement on a county. The first session drew more than Pew Research study found that a shock- human level, and in an understandable 250 participants, and over 30 individuals ing 84% of black people feel they are way); (3) neutrality (the decision-maker spoke about their views and personal treated less fairly than whites in their is unbiased, follows rules, and applies experiences. What was heard dramatically dealings with police, and 75% feel they rules consistently); and (4) understanding illustrated the disconnect between the are treated less fairly than whites in the (litigants understand their rights, the perceptions of the community and the intentions of the court, Judge Waller explained. The court is now considering how to respond to the many lessons learned from the evenings of listening to community concerns. The court has also tried to take the prin- ciples of procedural fairness into account in designing the new courthouse to make the building more accessible and easier to navigate. Community focus groups have been held to obtain input on how to make the building better meet the needs of the public. For example, there will MEDIATION be no more waiting outside in the rain. A RBITR A TION To reduce stress and anxiety, there will be a green space visible from the inside security screening area, and an area for 25 years civil and criminal collecting belongings and putting shoes trial experience. back on after clearing security. Care is being taken to provide better information to people coming into the courthouse, using technology, including digital displays and self-help kiosks, as well as an information booth in the lob- MULLEN ADR by, reducing stress and anxiety. The new [email protected] courthouse will contain four lactation/ wellness rooms, expanded CourtCare, and 503-901-6199 dozens of rooms off of the courtrooms where lawyers and their clients can meet Molly Jo Mullen privately. A legal resource center is being Continued on page 7

OREGON WOMEN LAWYERS AdvanceSheet 6 FALL 2017 Meet Multnomah Circuit Court Judge Leslie Bottomly By Stephanie Engelsman ppointed to the Multnomah Coun- legal for a year before attending Lewis Judge Bot- ty Circuit Court bench by Gov. Kate & Clark Law School. tomly says ABrown in February 2016, Judge Judge Bottomly joined the Ater Wynne that serving Leslie Bottomly is, indeed, an Oregonian. law firm and worked in its energy law as a judge She grew up in Portland and remembers practice group briefly before moving allows her it as being a “quiet, rainy, small city.” Her to its litigation group. She was with to call on mother was a stay-at-home mom, and her Ater Wynne for 20 years and fondly re- personal and father was a professor of psychiatry at members the fantastic mentors she had, family expe- OHSU. Her brother now works for TriMet, including the legendary Carol Hewitt, rience with and her sister for . Judge the first woman partner at Ater Wynne. alcohol and Bottomly attended Lincoln High School Judge Bottomly’s practice evolved into substance and remembers cutting classes to go to employment law, commercial litigation, abuse and Judge Leslie Bottomly the Multnomah County Courthouse to and arbitrations/mediations. It was in family vio- watch trials. “court-annexed arbitration,” which lence, which in turn allows her to em- After graduating from high school, Judge Bottomly did for over 10 years, pathize with court participants who Judge Bottomly spent one year at Po- that she found her calling. “Some peo- have faced difficult upbringings. She mona College in Los Angeles before ple are activists. Others are ‘neutral at feels lucky to be part of a bench filled transferring to Stanford University. Upon heart.’ I realized I was neutral at heart,” with genuine, hard-working, supportive graduating from college, she moved to she said warmly. judicial colleagues. Washington, DC, where she worked for Judge Bottomly has two children. Her Her words of wisdom from the bench: the National Institute of Mental Health. daughter is a recent University of Oregon “reputation is everything.” Judge Originally thinking she would follow in graduate, and her son has just started Bottomly understands that this is hard her father’s footsteps and get a PhD in college at Southwestern Oregon Commu- for young lawyers to absorb, but notes psychology, she found herself disillu- nity College in Coos Bay. When she’s not that its truth becomes more apparent sioned by the research process and the in court, Judge Bottomly enjoys working with time. chase for grant money. She returned to on her 1930s home, gardening, playing Stephanie Engelsman is an attorney with Portland, where she worked as a para- soccer, and learning to speak Spanish. the Metropolitan Public Defender.

AMATO MEDIATION Racial Disparity continued from page 6 designed to assist the growing numbers of self-represented litigants to navigate through the justice system. Most impor- tantly from a procedural justice stand- point, defendants who are in custody LISA AMATO will no longer be transported through DISPUTE RESOLUTION SERVICES public hallways in shackles. Concluding her presentation, Judge TELE 503.789.3262 Waller called on the entire legal commu- nity to “encourage and gain trust” and EMAIL [email protected] to actively work to reduce racial disparity. WEB amatomediation.com Stephanie Engelsman is an attorney with the Metropolitan Public Defender in MEDIATION • ARBITRATION Portland. She is part of its major felony unit and also does “crimmigration” work with MPD’s Padilla Project. Endnotes 1. 2001 National Survey for Justice at Stake. 2. Statewide Resident Sample in New York, by Donald J. Farole, Jr., 2007. 3. Pew Research 2016.

OREGON WOMEN LAWYERS AdvanceSheet 7 FALL 2017 OWLS Thanks Board Member Jim Yocom By Joslyn Keating mong his OWLS peers, Jim Yocom Driven by his experience advising small Jim is now a is revered for his quiet leadership, businesses and nonprofits, Jim’s many senior lec- Aconstructive input, and sense contributions­ to the board have been turer in the of humor. When he joined the OWLS highly esteemed. OWLS President-elect Department Board of Directors in May 2015, he Amber Hollister noted that “Jim brought of Anthro- quickly embraced the OWLS mission of a strong background in nonprofit gover- pology and encouraging members to develop pro- nance to the OWLS board.” Amber also Sociology at gramming that reflects their personal appreciates Jim’s practical, problem-solv- North Car- approaches to social justice. Consistent ing outlook. Other OWLS board members olina State with that mission, Jim has offered his have commended Jim for his keen ability University. expertise in small-group dynamics and to enhance the collegiality and produc- He teach- nonprofit organizing to lead CLEs and tivity of small groups. Board member Val es research, Jim Yocom various subcommittee projects, includ- Tomasi lauds Jim for having an “amazing statistics, ing spearheading a three-part series on expertise in small-group dynamics. . . . and social psychology and looks forward leading small groups in 2016. Alas, Jim [He] has enlightened many of us on ways to teaching classes on social change and recently moved to North Carolina. to improve the group decision-making survey methods in the near future. Concurrent with his OWLS leadership process.” OWLS President Angela Lucero From across the country, Jim offers commitments, Jim maintained a success- similarly describes Jim as instrumental in fellow OWLS members this advice: “Use ful legal practice in Beaverton, advising providing “a platform for the expressions your energy to create forums to articulate nonprofit organizations and small busi- of opinions and keeping the agenda mov- and present your point of view, and en- nesses. He also served as a volunteer ing.” Jim is universally respected among ergetically defend the organization’s role instructor for Microenterprise Services his peers as a fresh thinker, reliable team in helping its members do exactly that.” of Oregon, a nonprofit dedicated to member, and effective communicator. On behalf of OWLS, thank you, Jim. helping individuals of minimal means When Jim’s spouse was offered a job You will be missed. realize their small-business dreams. In at North Carolina State University in late Joslyn Keating is an attorney at Cummins, that role, Jim delivered dozens of pre- 2016, Jim was excited by the prospect of Goodman, Denley & Vickers in New- sentations focused on small-business law living somewhere new. He and his spouse berg. She focuses on OSHA, workers’ and nonprofit organizing. packed up and moved to Raleigh in July. compensation, and employment defense. Workplace Leader continued from page 1 Worried? domestic violence victims, queer folk, undocumented immigrants—and handles such cases with vigor. Partner's next move -- 3. For paid work, the firm uses a “pay it forward” approach, communicating to clients that paying what they can on their fees even if it takes awhile is part of what keeps the lawyers able to represent folks in similarly dire straits down the road. Past clients are generally the ones keeping the current work going. 4. The firm has a history of hiring people from diverse backgrounds. It has a solid track record of employees being happy and sticking around. The firm offers bonuses based on the amount collected rather than the hours billed, which creates a positive set of incentives for building the work-life balance that employees want. 5. Employees’ activities outside the office are supported inside the office. Family and scheduling needs are ac- ╫ commodated, and involvement in the MCGAUGHEY ERICKSON community is explicitly encouraged and Shareholder Partner LLC Member Disputes is supported by the firm. Congratulations, Reynolds Law Firm. 503-223-7555 65 SW Yamhill St, Ste 200, Portland 97204 law7555.com The Honorable Darleen Ortega serves on the Oregon Court of Appeals.

OREGON WOMEN LAWYERS AdvanceSheet 8 FALL 2017 Oregon’s New Pay Equity and Work Scheduling Laws By Kate Wilkinson regon lawmakers enacted this employees’ work schedules at least one worldwide. Oregon joins San Francisco year two laws that have the week in advance and to provide and post and Seattle in passing such mandates Opotential to improve the income a written work schedule. If an employer but is the first to do so on a statewide and quality of life of thousands of Ore- requests a change to the written work basis. The law took effect August 8, 2017. gonians. The new laws seek to address schedule less than a week in advance, The theory behind the law is that un- recurring issues of pay inequity and the employer must provide notice to the certainty in scheduling and last-minute erratic pay and scheduling that often employee and the employee may decline scheduling changes create havoc in em- hurt women, people of color, and hourly any work shift not included in the written ployees’ lives and interfere with other workers who are paid low wages. schedule, thus restricting an employer’s employment, school, child care needs, Pay Equity ability to “call in” workers on short etc. Predictive scheduling may also result notice. The law also contains provisions in predictable wages. BOLI is currently The Oregon Equal Pay Act, House Bill that restrict and impact an employer’s adopting rules to assist employers in 2005, prohibits employers from seeking ability to send a worker home prior to implementing the law. For more infor- applicants’ salary history before making or during a shift. In 2020, the advance mation, see the BOLI website. an employment offer. The law seeks to notice requirement increases to 14 days. address an issue that has dogged women Oregon’s law applies to retail, hospital- Kate Wilkinson is an assistant counsel and people of color for decades, namely, ity, and food service businesses with 500 at the Standard Insurance Company in that these groups, on average, start work or more employees (full- and part-time) Portland and a past president of OWLS. at a lower wage than white men and that the wage gap continues throughout Approximately employment. 100 boxes of Many commentators and theorists link books are on the practice of requesting salary history their way to the and the correspondingly lower starting Coffee Creek salaries to the consistently lower salaries Correctional Facility from women and minorities make throughout OWLS members their careers. According to the Pew Re- and friends; search Center, in 2015, among full- and some are shown part-time U.S. workers, women earned here on sorting 83% of what men earned. Minority men, day. Thank you, on average, earned 71% of white men’s Jill Gibson and earnings. According to the American Trista Speer, for co-chairing Association of University Women, at the this year’s book current rate of change, the pay gap for drive. women won’t close until 2152. Oregon’s ban on requesting salary history takes effect in October 2017, and the majority of the law’s other provisions take effect The Gorge OWLS chapter (GrOWLS) held its in January 2019. summer gathering on July 13 at Judge Karen Oregon now joins California, Mas- Ostrye’s home. We enjoyed great company, wine sachusetts, and several other states in from Aniche (located in Underwood, WA), and light enacting such legislation. During the 2015 fare from Feast (located in White Salmon, WA). legislative session, pay equity legislation Among those attending were GrOWLS President was proposed in at least 21 other states. Carrie Benson (left) and Judge Janet Stauffer. Oregon’s law also expands pay equity GrOWLS’ new website is at www.gorgeowls.org. protection to more protected classes, including those regarding religion, dis- ability, age, veteran status, and sexual orientation. For more detailed information about the new law, visit the Oregon Bureau Tonya M. Alexander, J.D. of Labor and Industries (BOLI) website. A fresh approach to helping family Predictive Scheduling law attorneys settle their cases On another front, Oregon lawmakers Exclusively Divorce Mediation & Collaborative Law enacted Senate Bill 820, the “predictive scheduling” law. Oregon thus becomes the first state to enact a statewide YourPeacefulResolution.com mandate about scheduling work hours. Over 15 years of dedication to Family Law The new law requires employers to set (503) 531-9109

OREGON WOMEN LAWYERS AdvanceSheet 9 FALL 2017 Roberts & Deiz Award continued from page 4 when establishing the selection process for these awards. This was brought to the attention of OWLS, and it was acknowledged. The changes recently made to the nomination and selection process represent the ways in which we have attempted to address this issue. We solicited assistance from specialty bar organizations, past award recipients, and the OWLS board, and we made two major changes. First, an award recipient need not be a licensed attorney. The reality is that a growing and unrecognized group of legal professionals are not licensed attorneys

Photo: Gavin Images and opt to work in the nonprofit sector. he annual OWLS Dress for Success Fundraiser and Fashion Show was held on These legal professionals would go un- TAugust 3 at the Multnomah Athletic Club in Portland. The event was a benefit recognized by OWLS under the former for Dress for Success Oregon, an organization dedicated to empowering women to requirement that award recipients be achieve economic independence by providing a network of support, professional licensed attorneys in the state of Oregon. attire, and the development tools to help women thrive in work and life. Second, the entity or person nomi- The show was emceed by the talented Edie Rogoway of Rogoway Law; the fashions nating an individual will no longer have were from Folly PDX, Veil & Valor, and the Man’s Shop. An amazing group of lawyers the discretion to select which award a (shown above) volunteered their time to take a walk down the red carpet, and thanks person should receive. The Justice Betty to the enthusiasm of the emcee and the OWLS Community Service Committee, the Roberts Award and the Judge Mercedes show raised a record-breaking amount of money for the second year in a row. A Deiz Award will now be known only as huge thank you goes out to all our co-sponsors and generous donors. the OWLS Roberts & Deiz Award. OWLS More information about Dress for Success Oregon can be found at https://oregon. believes that the spirit of both Judge Deiz dressforsuccess.org/. and Justice Roberts continues with this change. The OWLS mission continues to be to promote the interests of women and minorities in the legal profession, The Oregon Women Lawyers Foundation, and is OWLS not doing so by uniting these two awards? the 501(c)(3) sister organization to OWLS, As an eternal optimist, I am proud of is proud to focus on educating and OWLS’ willingness to react positively supporting women and minorities in order to the criticism we received, but as a Thank You to further their access to and participation pragmatic legal professional, I do not believe that the work of the Roberts & for Supporting in the justice system. Deiz Committee ends here. I also do not believe that these changes address all We fund the Armonica Law Student the systemic biases, but this is a step in the Book Grant, the Vernellia R. Randall Bar right direction. I hope that our allies and OREGON Exam Grant, the Justice Betty Roberts membership embrace these changes and WOMEN Leadership Conference Grant, and the know that at the forefront of any change that transpires within OWLS, the spirit Janis Hardman Medical Support Grant. LAWYERS of both Justice Betty Roberts and Judge To learn more about the Foundation, Mercedes Deiz continues to be present, FOUNDATION because these two pioneers represent the our grants, or to donate, please visit very makeup of our mission statement. owlsfoundation.org. We are grateful to Banafsheh Violet Nazari, who is always at the forefront of issues of bias and was one of the first to request a change from OWLS and the Roberts & Deiz Committee. If you would like to discuss these changes, please feel free to call or email me. Jacqueline Alarcón is an OWLS board member and an associate at Yates Family Law in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 10 FALL 2017