volume 34 issue 2 winter 2012 Inside: In Memory Of Scott A.W. Johnson Changes To The Local Rules And More...

Honoring The Life & Legacy Of Judge Betty Binns Fletcher 1923-2012 On the Cover: The Federal Bar Association News is a publication of the Federal Bar Association of the Western District of . Comments and proposed articles should The Honorable Betty Bins Fletcher. be addressed to: Photos courtesy of the University of Washington School of Law and Christopher G. Emch W. Adam Coady Craig Perry-Ollila Foster Pepper PLLC Foster Pepper PLLC 1111 Third Avenue, Suite 3400 1111 Third Avenue, Suite 3400 , WA 98101-3299 Seattle, WA 98101-3299 206.447.8904 206.447.7253 [email protected] [email protected] In this issue

President’s Message...... 4 Closing Out A Great Year

Chief’s Corner...... 5 Federal Judiciary Budget Cuts And Quandaries

The Honorable Betty Binns Fletcher...... 6 A Tribute To A Legal Trailblazer

Revised Local Civil Rules For The Western District Of Washington...... 7 Ignore At Your Peril

Scott A.W. Johnson...... 8 In Memoriam

Trial By Agreement And The Local Rules...... 8 Local Rules Committee Cle Recap

The Federal Civil Rights Legal Clinic...... 9 Expansion To Meet Burgeoning Client Needs

Current Issues In Maritime Law...... 10 Admiralty Committee Cle Recap

A Movie Night With Alex Kozinski...... 10 Ninth Circuit Chief Judge Hosts A Community Gathering

Constitution Day...... 11 Inspiring The Next Generation

Winter 2012 3 President’s Message Closing Out A Great Year By Jane Pearson t has been a great year for the Federal Bar Association Iof the Western District of Washington (FBA). We have sponsored some terrific CLEs, participated with the Court on several important projects, expanded the service of our legal clinic and are ready to host our highly anticipated annual dinner and federal practice CLE. One of the most significant projects this Among the projects the FBA worked year was the amendments to the local on with the Court, through Chief U.S. rules, chaired on behalf of the bench by Magistrate Judge Mary Alice Theiler and Judge , and in which the District Court Executive William McCool, FBA Local Rules Committee participated. was Constitution Day, in which fourth- . One way we already do this is The proposed amendments were part of and fifth-grade classes toured the District by providing FBA membership free for the discussion at a CLE held in September, Courthouses in Tacoma and Seattle, and those in the first two years of practice. co-sponsored by the FBA and our District’s participated in a mock trial on the 17th We also try to provide opportunities Ninth Circuit Representatives. and 19th of September. At the Court’s for new members to meet our District’s invitation, the FBA also participated in Judges. For example, in May, the FBA Along with the the National Emergency Preparedness sponsored a swearing-in ceremony for Death Penalty Representation Project, Workshop at the end of the summer. new admittees to the District Court. the FBA sponsored a CLE in May at Chief Judge Pechman and Judge which Circuit Judge Richard C. Tallman One of the FBAs most significant Martinez participated in the ceremony and Judge Ricardo Martinez spoke about undertakings is its Federal Civil Rights with insightful comments that apply recent United States Supreme Court Clinic. Under Tracy Morris’s leadership, as well to seasoned lawyers as to new death penalty cases. the Clinic has expanded its capacity lawyers. In addition, on January 10, for the sessions held at the District The Appellate Practice Committee and 2013, the Membership Committee will Courthouse in Seattle. The Clinic is now the Criminal Law Committee attracted sponsor a CLE targeted toward more working toward providing additional a capacity crowd with its CLE early in recently admitted lawyers entitled Top services by offering sessions from the the year entitled Success on Appeal Begins Ten Tips for New Practitioners in Federal District Courthouse in Tacoma beginning With the Record in the Trial Court, with a Court. This program will provide an in 2013. Another one of the FBA panel that included Chief Judge Marsha exceptional opportunity for new lawyers important commitments to justice is its Pechman. In October, the Admiralty to be part of a relatively small audience Pro Bono Committee. The Committee Committee sponsored a CLE entitled for a CLE in which the speakers are five coordinates with U.S. Magistrate Judge Current Issues in Maritime Law, at which of our District Court Judges, who are James P. Donohue to respond to requests the featured speaker was Charles M. uniformly generous with their support from the Court for appointment of pro Davis, the author of the Maritime Law for the FBA. bono counsel, and works with a panel of Deskbook. The Intellectual Property highly valued volunteer lawyers to see We are all saddened by the recent losses Committee instituted a series of brown that these requests are met. of the Honorable Betty Binns Fletcher, bag lunches for discussion of topics whose character and work ethic are important to that bar. The FBA has moved entirely to on-line legendary, and Scott Johnson, one of our membership renewal and registration The Bankruptcy Court and the colleagues who had recently been elected for FBA events. The Website and Bankruptcy Committee will be as King County Superior Court Judge. Communications Committee updates sponsoring a Bankruptcy Bench- Both are honored in this newsletter, our website on a regular basis to include Bar Meeting in three locations over and Judge Betty Fletcher will be further information about upcoming events, December and January on topics of honored at our annual dinner with a as well as general information about particular interest to the bankruptcy tribute from her son, the Honorable the FBA in our District. We continue to bar. The Appellate Practice Committee William A. Fletcher. look for ways to remain valuable and and the ADR Committee are completing relevant to federal practitioners, and Jane Pearson is a member of Foster Pepper PLLC preparation of a CLE on the Ninth and President of the Federal Bar Association of the to increase membership among newer Circuit Mediation Program. Western District of Washington.

4 FBA - WDWA News Chief’s Corner By Chief Judge Marsha J. Pechman Federal Judiciary Budget Cuts And Quandaries his column is normally an opportunity for the chief Tjudge to offer a few useful insights or to provide updates on recent events. Today, however, the challenge is greater. It is a time of great uncertainty for our court. At the time this newsletter goes to press in mid-November, we do not yet know whether Congress will take action to avert the “fiscal cliff” that threatens our country at the end of the calendar year. While broad swaths of our economy are threatened by automatic tax increases and spending cuts, sequestration threatens to hit the federal judiciary especially hard.

Like other federal courts across the strained. Even if funding continued • Suspension of Civil Jury Trials: nation, the U.S. District Court for the at current levels, the federal judiciary The district expends significant Western District of Washington faces faces a shortfall of nearly $240 million resources holding civil jury trials, severe budget cuts if Congress and the next year. The potential cuts associated including the costs of empanelling White House do not act before December with sequestration threaten to make an juries and reimbursing jurors for 31. While the federal judiciary’s relative already bad situation even worse. hotel and travel expenses. Under budget is quite small—making up less sequestration, it is likely that civil Structural constraints also impair the than 1 percent of federal spending— jury trials would be suspended, judiciary from responding effectively to the proposed $600 million in cuts to while criminal jury trials and civil large, sudden budget cuts. The federal the court system next year threaten to trials before judges without juries judiciary estimates that nearly two devastate the judicial branch. would continue. thirds of our budget cannot be reduced year to year. Courthouse rents are fixed • Major Cuts to Pretrial and While the federal judiciary’s by the General Services Administration, Probation: There are currently 1,644 relative budget is quite and judicial salaries are regulated by defendants and offenders under Article III of the U.S. Constitution. This supervision in the Western District small—making up less than 1 means that nearly all of the burden of of Washington. More than 650 of percent of federal spending— sequestration will fall on court staff. these defendants are medium- to Our district has determined that, under high-level offenders, charged with the proposed $600 million in sequestration, the budget for the clerk’s or convicted of serious felonies. cuts to the court system next office would need to be cut by 15 percent The district’s pretrial and probation year threaten to devastate and the budget for the probation and services system performs drug pretrial services system would need to be testing, monitoring, and submission the judicial branch. cut by 20 percent over 2012 levels. of warrant requests, among other functions. The district is working The impact of these cuts is unknown, These potential cuts come at an already to develop plans to minimize any but responses under discussion include difficult time. Over the past two years, negative impact on public safety. the following: the total number of case filings in our • Cuts to Federal Public Defender district has grown more than 16.5 • Court Closures/Furloughs: Under Budgets: Sequestration would also percent. However, rather than adding sequestration, the district would impact the budget of the Federal staff to meet growing demand, the be required to institute in excess Public Defender, which provides clerk’s office and the probation and of one furlough day per week over legal representation to indigent pretrial services system absorbed a 10 the first nine months of 2013. individuals accused of federal crimes, percent budget cut in fiscal year 2012. Furloughs would impact all staff. pursuant to the Sixth Amendment Over the last two years, the district has To accomplish these budget targets, of the U.S. Constitution. reduced staff by 21 positions. Federal the district is preparing to close all courts across the country are already courts for one day a week. Continued on page 18 Winter 2012 5 The Honorable Betty Binns Fletcher A Tribute To A Legal Trailblazer By Shayne C. Stevenson he Honorable Betty Binns Fletcher, truly one of the Tgreatest judges in American history, passed away on October 22, 2012, after serving more than thirty years as a judge on the Ninth Circuit Court of Appeals.

Appointed to the Ninth Circuit by Raised in a family of committed President in 1979, Democrats in a “country” area outside with the support of both esteemed the city, the Judge, also a Girl Scout, Washington Senators Henry “Scoop” cultivated her love of the natural Jackson and Warren Magnuson, Judge environment, a love she would carry Fletcher reigned as a mighty force for with her to the bench. Additionally, as the principles of equality and justice for a young girl in the 1930’s, she saw and all. Her steadfast commitment to those was concerned for the impoverished ideals has been praised recently by families in the area, a concern that Photo courtesy of the UW School of Law heartfelt letters from Presidents Barack would animate her life-long fight for the that we would go to college,” the Judge Obama, Bill Clinton, and Jimmy Carter, underprivileged. later recalled. “It never occurred to me as well justices Ruth Bader Ginsberg, – although it should have, as I looked Not surprisingly, hailing from a Sonia Sotomayor, and several others. around and all the lawyers were men progressive egalitarian family that – that it wasn’t perfectly possible for Her public memorial at Benaroya Hall valued education and believed girls me to be a lawyer and to be accepted. It in Seattle this month drew hundreds could and should do anything boys just somehow didn’t occur to me that I of family, friends, judges and attorneys could, Judge Fletcher could read and do would have any difficulty in that regard.” (including most of her more than math before entering grade school and 100 former law clerks), each of whom effectively began her education in a small Legal Education and Family felt deep affection for the Judge and schoolhouse at the third-grade level. The opportunity to study law came early profound sadness in her passing. In 1939, at age 16, she graduated from when many of the male law students Stadium High School in Tacoma (where A native of Tacoma and an iconic figure at Stanford left to fight in WWII, and the late United States District Court both in the Pacific Northwest and the Judge was permitted to take legal Judge Jack Tanner was a “school hero” across the nation, Judge Fletcher’s courses while still an undergraduate, and a star football player) and headed off biography reads like the stuff of legend managing to finish a year of law school to college at . because she was legendary. during college. It was also there that she met a fellow Rural Beginnings “It never occurred to me – law student, Robert L. Fletcher, Judge Fletcher’s father, John Binns, who became the love of her life for was raised on a stump farm in Shelton, although it should have, as over 70 years. Bob, originally from Washington. He left that farm to study I looked around and all the Portland, Oregon, had been a first- Latin and Greek at Washington State lawyers were men – that it in-class engineering student at M.I.T. College. Later, he studied Roman and who ultimately decided to pursue law Civil Law as a Rhodes Scholar at Oxford, wasn’t perfectly possible for instead. They married in 1942 and went his education briefly interrupted by his me to be a lawyer and to be on to raise their four children in Seattle. service in WWI. accepted. It just somehow Her family, like everyone else Bob Her mother, Carrie Hammond Binns, didn’t occur to me that I ever met, loved him immediately. Bob was raised in Tacoma and graduated joined the Navy during WWII and he from Washington State College, where would have any difficulty in and the Judge moved to for the couple met. After the War, the that regard.” assignment. Her first experience on the married couple eventually returned to East Coast was also her first experience Tacoma where the Judge was born and Starting college in 1939, the year Hitler with Jim Crow laws and the ugliness raised with her three siblings, including invaded Poland, Judge Fletcher knew of segregation. She refused to sit in Seattle attorney John H. Binns, Jr. she wanted to eventually study law and the front of the bus when told to, and become a lawyer. “It was always a given Continued on page 16 6 FBA - WDWA News Revised Local Civil Rules For The Western District Of Washington Ignore At Your Peril By Michelle Peterson & Miles A. Yanick n December 1, 2012, extensive revisions to the OLocal Civil Rules for the United States District Court for the Western District of Washington will go into effect.1 The various revisions seek to clarify local practice, harmonize the Local Civil Rules with the Federal Rules of Civil Procedure, and reduce the costs of litigation in the Western District. Among the significant changes, the revised rules include an expedited trial procedure and a model protocol and related procedures to address the discovery of electronically stored information (“ESI”). The Court worked with the Local Rules Committee of the Federal Bar Association for the Western District of Washington in developing the model protocol and revisions to LCR 26(f), as well as other rule revisions. While there are too many changes to discuss in one short article, we address here those that are most likely to affect your practice. Court of a related case within the district First, the revisions address the practice Among the significant or in another jurisdiction. Although of some attorneys of over-designating changes, the revised rules most who practice regularly before the documents as “confidential” under a Court generally know how to request stipulated protective order or agreement. include an expedited trial transfers or notify the Court of related In the past, where the party filing a procedure and a model actions, the new rule provides consistent “confidential” document was not the protocol and related and clear parameters for such requests. one who designated it as such, the Court would receive a pro forma motion to seal, LCR 3 should be read in conjunction procedures to address the in which the moving party explained with new LCR 42 setting forth the that it did not care if the motion was discovery of electronically process for parties to request that the granted but that the protective order/ stored information (“ESI”). Court consolidate two or more related agreement required the motion because cases. Generally, LCR 42 requires that the producing party had designated it Elimination of General Rules: the motion to consolidate be filed in “confidential.” To address this scenario, The revised local rules eliminate the the earliest-filed case and that notices the Court revised LCR 5(g) to require the General Rules. Their provisions are of the motion to consolidate be filed in parties to meet and confer before filing now dispersed throughout the new later-filed cases. Local Civil Rules (now “LCR”) and Local a motion to seal, to determine whether Criminal Rules (“CrR”). For example, LCR 5(g) (Sealing of Documents): the designating party will withdraw the formerly dense GR 2 relating to an Ever since The Seattle Times began the “confidential” designation or agree attorney’s admission, appearance and publishing articles like “Your Courts, to redact portions of the document so withdrawal, and discipline was broken Their Secrets: The Cases Your Judges that a motion is rendered unnecessary. 2 apart and relocated to new LCR 83.1, are Hiding from You,” the Court has To that end, the rule also expresses the LCR 83.2, and LCR 83.3, respectively, struggled with imposing more stringent Court’s preference for redactions in lieu and the qualification of legal interns is rules for the sealing of court files. But of sealing. answering the question “under what relocated to LCR 83.4. Where a motion is necessary, revised circumstances are documents rightfully LCR 5(g) provides that the designating LCR 3 and LCR 42 (Related Cases sealed from public view?” has proven party has the burden of justifying and Consolidation): far easier than establishing an efficient the sealing, regardless of who files The new provisions in LCR 3 clarify how process for bringing the question to the the motion. The revised rule also the Court assigns cases, how parties ask Court in the first place on a motion to clarifies the circumstances under for a recusal, and how to notify the seal. Revised LCR 5(g) takes on the latter. Continued on page 14 Winter 2012 7 Scott A.W. Johnson In Memoriam By Stokes Lawrence, P.S. he Federal Bar Association joins the Seattle legal Tcommunity, and Stokes Lawrence, in mourning the passing of our dear friend and colleague, Scott A.W. Johnson. Scott was active within the Federal Bar for many years, including as co- chair of the FBA Local Rules Committee as well as through his long-time service on the Federal Civil Rights Pro Bono Panel. Scott recently had been elected as King County Superior Court Judge, and in addition to our sense of personal loss, we regret that our court system will miss out on having Scott as a Judge.

Scott’s enjoyment and many organizations and groups he Photo courtesy of Stokes Lawrence, P.S. passion for his clients, touched outside of the law. on “hilarious” and “unbelievable” Scott loved being a lawyer. He enjoyed happenings in his cases. Scott was their cases, and the law everything about it — strategizing, irrepressible and will be irreplaceable. itself were infectious. crafting arguments, taking and Scott was preparing to embark on defending depositions, arguing the next chapter of his legal career as Our hearts are with Scott’s wife Karen, motions, trying cases. Scott loved his daughter Chloe, and all of his a King County Superior Court judge fighting for the rights of his clients and starting in 2013. He would have been extended family. Scott’s life was filled helping them succeed. He was smart, with passion and enthusiasm. He was an outstanding judge and would have creative, hardworking, thoughtful, and enjoyed the challenges, the cases, and a vital member of the Stokes Lawrence generous with advice and mentoring. family. He will be missed profoundly his new colleagues immensely. Scott His enjoyment and passion for his has left us far too soon. It was a gift to by all of his colleagues at the firm, by clients, their cases, and the law itself the larger legal community and by the know Scott, to work beside him, and to were infectious. He regularly reported count him as a friend. Trial By Agreement And The Local Rules Local Rules Committee CLE Recap By Floyd G. Short n September 20, 2012, at the United States District Courthouse in Seattle, the FBA’s OLocal Rules Committee and the Lawyer Representatives to the Ninth Circuit Judicial Conference sponsored a CLE on “Trial by Agreement and the Local Rules.” The CLE was moderated by Floyd Short and featured two complementary presentations on efforts to improve the efficiency of civil litigation. Renowned trial lawyer Steve Susman of reporter and videographer, service Willey followed up with an overview Susman Godfrey first presented on the by email, and methods of document of the pending amendments to the kinds of pretrial and trial agreements production. Potential trial agreements can Court’s local civil rules, focusing on counsel can reach with each other— include topics ranging from the timing the amendments designed to reduce without the intervention of the court—to and manner of exhibit lists and deposition the cost of litigation and trials. More make litigation and trials more efficient transcript designations to the preparation information about these local rule and less expensive. Pretrial approaches and content of juror notebooks. changes can be found in this newsletter. include potential agreements among FBA Local Rules Committee Co-Chairs Floyd G. Short is Secretary of the Federal Bar As- counsel about the resolution of discovery Michelle Peterson of Lane Powell sociation of the Western District of Washington, a disputes, the number and length of Ninth Circuit Lawyer Representative and a partner and Miles Yanick of Savitt Bruce & depositions, sharing the same court at Susman Godfrey L.L.P.

8 FBA - WDWA News Scott A.W. Johnson The Federal Civil Rights Legal Clinic Expansion To Meet Burgeoning Client Needs By Tracy M. Morris fter nearly a year in its newly designed space in Athe federal district courthouse, the FBA Civil Rights Legal Clinic now plans to expand its Seattle clinic and to open a new clinic in Tacoma. Burgeoning client needs necessitate our growth. We have transitioned from a pilot program supported by the King County Bar Association’s Neighborhood Legal Clinic to a stand-alone clinic with a long waitlist.

The first step in the transition was During the Clinic’s six-year get up to speed and support our pro seamless. Thanks to a talented group history, I have seen an occasional rise se clients along with our seasoned of federal court employees, the move in client needs. The demand typically group of volunteer attorneys: Roger to our new space was like magic. Both flattens out within a matter of weeks Townsend, Dan Johnson, Sarah Dunne, Judge Lasnik and Chief Judge Pechman and we are able to reach all the clients Ivy Arai Tabbara, Brett Purtzer, Todd cleared the way for our success with who have had to wait. Since arriving Wyatt, and Tom Wong. Our mission is their unconditional support. Clerk of in our new location, our numbers are to provide resources and legal advice Court Bill McCool and his team stepped consistently high and our waitlist long. to this underserved population while in and helped me design the space and Thanks to Allen and our new Clinic making the courts more accessible. We work out the kinks. Retired long-time Administrator, Christopher Stewart, all believe our new home is helping us do legal assistant Linda Allen then took potential clients receive call-backs, but just that. the reins and made the whole operation we do not have enough appointment run smoothly. Although we retained times to get them all in. Adding a Our mission is to provide our partnership with the KCBA, which fourth client session in September resources and legal advice to provides our malpractice insurance, helped, but the waitlist remains this was the first time that the FBA was long. We have seen more than fifty this underserved population solely responsible for screening and clients during the first three quarters while making the courts scheduling its clients. of 2012, putting us on the path to serving approximately 80 clients this more accessible. calendar year. The majority of our The next step is Tacoma. In 2013, we Clients arrive early clients’ legal issues remain employment will open a new clinic in the Tacoma discrimination complaints, but we are and eagerly await their courthouse. Once the space is designed, seeing a larger variety of civil rights appointments, sometimes we will begin the now-familiar process issues than we have in the past. crossing protest marches on of recruiting qualified volunteer After recruiting five volunteer legal attorneys and legal assistants, the courthouse steps to do so. assistants in the spring, we are now purchasing laptops, printers, supplies, positioned for further expansion. We and gathering legal materials while I anticipated a downturn in our client plan to add several new volunteer advertising our services. numbers, suspecting clients might find attorneys and another Clinic session The Clinic is a small but valuable our new location beautiful and easy per month beginning in December. This resource for a very underserved to find, but somewhat intimidating. will bring our monthly client total to population. The FBA is grateful to have We found just the opposite. Clients twelve and our volunteer attorney total the Court’s strong support in this next arrive early and eagerly await their to eleven. Our new legal assistants, Zhi phase of expansion. appointments, sometimes crossing Zheng, Amanda Rasmussen, Ericka protest marches on the courthouse Mitterndorfer, Sharon McAuliffe, and Tracy M. Morris is the Director of the Federal Civil steps to do so. Rights Legal Clinic and served as the 2008 FBA- Kim Handley have worked hard to WDWA President.

Winter 2012 9 Current Issues In Maritime Law Admiralty Committee Cle Recap By Kevin Beauchamp Smith n Friday October 2, 2012 the Federal Bar Association Oof the Western District of Washington Admiralty Committee held a lunch hour meeting and CLE course entitled “Current Issues In Maritime Law.” The CLE was attended by local maritime practitioners and Court personnel. The Admiralty Committee is very Workers Compensation Statutes, and grateful to Charles M. Davis, author derelict vessels; and the enforceability of of the Maritime Law Deskbook foreign arbitration clauses in cruise line (Compass Publishing), for providing passenger ticket contracts. CLE for Fall 2013. If you would a very informative presentation and Special thanks to Sharon Haas of the U.S. like to participate in upcoming distributing substantial original written District Court for the Western District of Admiralty Committee CLE courses materials. Issues highlighted in the Washington Clerks’ Office for arranging or other events please contact either presentation included the split of for the use of the Seattle Courthouse’s Committee Co-Chair John Congalton authority amongst Circuits regarding the 19th Floor Conference Room and for ([email protected]) or Kevin B. availability of non-pecuniary damages graciously providing coffee service. Smith ([email protected]). for the injury or death of seafarers; recent case law addressing preemption/ The Admiralty Committee is in Kevin Beauchamp Smith is Co-Chair of the Admiralty suppression of State laws regarding the process of planning a full day Committee of the FBA-WDWA. He practices in Seattle at the Law Office of Kevin Beauchamp Smith.

A Movie Night With Alex Kozinski Ninth Circuit Chief Judge Hosts A Community Gathering By Christopher Emch hief Judge Alex Kozinski of the United States Court of CAppeals for the Ninth Circuit welcomed members of the legal community to the Nakamura Courthouse on October 9, 2012. The gathering was the Seattle debut of “Kozinski’s Favorite Flicks,” a fun, informal movie night and the first such event outside and Pasadena, where Judge Kozinski has successfully brought together judges, court staff, lawyers, law professors and law students. Judge Kozinski is a connoisseur of country. The handlers enlist the help sixth floor conference room was filled to the cinema. The centerpiece of the of a music singer and other production capacity, and a good time was had by all. Seattle event was a showing of “Wag assistants to create a theme song, fads The Federal Bar Association of the the Dog,” a 1997 satire starring Dustin and a fictional special forces unit to Western District of Washington Hoffman and Robert De Niro and a capture the interest of the electorate. extends its thanks to Judge Kozinski movie apropos of the election season. The evening was designed as an and his colleagues and staff at the The film’s plot focuses on a Washington, opportunity to bring together members Nakamura Courthouse for hosting D.C. spin doctor who, in the run-up to of the community, and for folks to this event. We look forward to similar a presidential election, seeks to distract reconnect with old friends and make new opportunities in the future. public attention from a scandal by ones. Judge Kozinski served his famous hiring a Hollywood film producer to Christopher Emch is Co-Chair of the FBA’s Website hand-crafted salad as well as pizza, snacks and Communications Committee and a Member at construct a fake conflict with a small and refreshments. The Courthouse’s Foster Pepper PLLC.

10 FBA - WDWA News Constitution Day By Roger Townsend Inspiring The Next Generation nder the leadership of Chief UUnited States Magistrate, Judge Mary Alice Theiler, and the Clerk of the Court, William McCool, the U.S. Courts and the Federal Bar Association celebrated the anniversary of the ratification of the Constitution by conducting a “Constitution Day” for four local grade school classes.

For each class, the clerk courtroom and spoke about the history Participating at the Tacoma courthouse of the building and the renovation were Ms. Elston’s fifth-grade class at explained the role of the U.S. project. For each class, the clerk St. Charles Borromeo School in Tacoma Marshal, the Clerk’s Office explained the role of the U.S. Marshal, and Ms. Mayfield’s fourth-grade class the Clerk’s Office and the Federal at Discovery Elementary School from and the Federal Courts in Courts in the federal system. The kids Gig Harbor. The participating classes the federal system. were regaled with colorful anecdotes in Seattle were Mr. Miller’s fifth-grade and an engaging presentation from class at Thurgood Marshall Elementary Over two days, first in the Tacoma the U.S. Marshal, highlighted by an and Mr. Howard’s fifth-grade class at Courthouse and then in the Seattle impressive display of the Taser and Laurelhurst Elementary. The teachers Courthouse, students received a stories of pursuing suspects. reported that the students “loved” the behind-the-scenes tour of the facility experience. One teacher wrote that, “It Following the tour and U.S. Marshal and participated in a mock trial in a was wonderful having the attorneys presentation, the students conducted a federal courtroom. William McCool and and judge participate during the event.” mock trial, designed by Margaret Fisher Joe Whitely began the sessions with Another responded that, “A number of from the Seattle University School of a tour of the Courthouse in which the the students said it was the best field Law. Students were each given a part students saw the control room, lock up, trip they have ever been on.” and inner workings of the Courthouse. as witnesses, prosecutors, defense In Tacoma, Judge Robert Bryan attorneys, jurors or judge. Students “A number of the students showed the students his unique circular learned about the criminal trial process and received valuable public said it was the best field trip speaking experience. The students they have ever been on.” conducted a trial about whether “Pat Morton” was guilty of theft in the A special thanks to Joe Whitely, Craig first degree by taking a computer Nelson, Lori Landis, Jane Pearson, Tom home from the school computer Breen, Jeff Kradel, Spencer Freeman, lab without permission. In Tacoma, Rachel Dolven and Desa Gese Conniff, Judge Benjamin Settle spoke to the without whom the event would not students about federalism, separation have been the success that it was. We of powers and the Bill of Rights. In hope to repeat this offering next year, Seattle, Judge Mary Alice Theiler so if you know of a fifth-grade class that spoke to the students about the same might be interested, please email me at Constitutional doctrines. The students [email protected]. asked insightful questions and their Roger Townsend is the Assistant Director of the enthusiasm about the law inspired the Federal Rights Civil Clinic of the Federal Bar legal professionals too. Association of the Western District of Washington .and a partner at Breskin Johnson & Townsend PLLC. Photos courtesy of Lori Landis Winter 2012 11 Revised Local Civil Rules For The Western District Of Washington Continued from page 7 which a moving party may withdraw a January 26, and that is a Saturday, then Sanctions.” Former GR 3 warned document if the Court denies a motion the latest the motion may be filed is of sanctions against attorneys who to seal it. Essentially, the document will Friday, January 25. On the other hand, presented unnecessary motions or be unsealed unless the Court orders if the scheduling order requires that the unwarranted oppositions to motions, otherwise or the moving party asks motion be filed 45 days after discovery failed to prepare for court, or otherwise the Court to allow it to withdraw the closes and that day is Saturday, January obstructed the proceedings; now that document if sealing is not permitted. 26, then the motion may be filed as late these provisions are in LCR 11, they may as Monday, January 28. Because this garner more attention. Practitioners distinction is not intuitive, it presents should also note the differences between an obvious trap for the unwary. the more encompassing LCR 11 and Federal Rule 11. For example, LCR 11 LCR 7 (Form and Scheduling provides that a practitioner that fails to of Motions): prepare for a presentation to the Court There were many questions unanswered may be subject to personal costs. by former Local Rule 7. Are motions to remand, transfer, or compel arbitration LCR 15 (Amending Pleadings): treated as dispositive? Do I get 12 pages New LCR 15 requires a party seeking to or 24 pages? What is a praecipe, and amend a pleading to attach a redlined when can I file one? And do my caption, version indicating what text is to be LCR 6 (Computing Time): table of contents, or signature block deleted and the text to be added. To coordinate our Local Civil Rules count in calculating the page length of LCR 16 (Pretrial Conferences; with new Federal Rule 6, which became my brief? While many have managed Scheduling; Management): effective in December 2009, revised to resolve these issues by winging it, There are a number of revisions to LCR 6 clarifies how to calculate the hoping that the 25-page-including- former CR 16 to align the parties’ time periods dictated by the Local Civil signature-block motion to remand and conferencing obligations with other Rules or court order. Most notable is “praecipe” filed three days later will be revisions to the Local Civil Rules. For that if the period of time is measured accepted, the revised LCR 7 provides example, the parties’ Joint Status Report in days or longer and the last day falls clear guidance on these matters. Under (“JSR”) to the Court now must include on a Saturday, Sunday, or holiday, the the revised rule, motions aimed at the topics added by revised LCR 26(f), time period is extended to the next changing the forum are given 24 pages, discussed below. Caution: do not include court day, but not so if the Court sets although the Court did not specifically veiled motions or other requests for a specific calendar date by which a categorize them as dispositive; praecipes Court relief in the JSR, as revised LCR party must act: in that case the party may be filed to correct a document; 16 specifically proscribes this practice. must act by the date specified even if it and the portions of a brief that will falls on a Saturday, Sunday, or holiday. be considered when calculating page- Revised LCR 16 also provides a Thus, for example, if a scheduling order lengths are clearly defined. mechanism for parties to request ADR provides that motions must be filed by after they have filed their JSR. This Revised LCR 7 also clarifies how to provision was necessitated by revisions request relief from a deadline, note A cautionary note: the to LCR 39.1 eliminating the requirement cross-motions, renote a pending motion, that ADR be mandated in every case. Court’s antipathy for and cite to supplemental authority. A multiple dispositive cautionary note: the Court’s antipathy With respect to the Pretrial Statement, for multiple dispositive motions is Revised LCR 16 eliminates the motions is even more even more pronounced; parties are requirement that parties set forth the pronounced; parties are now prohibited from filing multiple factual contentions, instead requiring now prohibited from filing contemporaneous dispositive motions only the facts that are not in dispute. each directed toward a discrete issue. multiple contemporaneous Finally, Revised LCR 16 requires LCR 11 (Signing Filings; Sanctions): parties to address whether they will be dispositive motions The formerly innocuous-sounding presenting exhibits in electronic format each directed toward a GR 3 “Expedition of Court Business at trial in their pretrial statement. discrete issue. – Sanctions and Penalties” is now This will both alert the Court that the in revised LCR 11 “Signing Filings; parties intend to use its electronic 12 FBA - WDWA News Revised Local Civil Rules For The Western District Of Washington

viewing system and give the parties initial 26(f) conference; second, they for handling ESI (or a modified version an opportunity to discuss using a require parties not only to discuss but thereof), discussed below. combined system for the electronic also to try to reach agreement regarding The revised LCR 26(f) expressly requires display of exhibits. In cases where the how ESI is to be managed. attorneys to “review and understand parties agree on a combined system for The changes to LCR 26(f), and the how their client’s data and ESI are the electronic display of exhibits, the model protocol for ESI discussed below, stored and retrieved” in advance of the parties also should discuss using the reflect an attempt to normalize and LCR 26(f) conference. For some, this Court’s system for providing electronic model the concept that discovery should will require getting a handle on the exhibits to jurors during deliberation. be tailored to meet the needs of the nuts and bolts of document production case; just because something may fall earlier in the case than they have in the Among the new topics to within the broad scope of discovery past. Parties who fail to address these be discussed at the 26(f) under Rule 26(a) does not mean one issues or adopt a version of the protocol should—or even can—demand it. This may be required to do so by the Court conference and report is how is emphasized in the initial paragraphs and will be prohibited from filing a discovery “will be managed,” of the revised LCR 26(f), which motion to compel or for a protective including the possibility expressly incorporate Federal Rule 26(b) order relating to ESI until they do. (2)(C), instruct parties to cooperate to of foregoing or limiting “reasonably limit discovery requests,” The revised LCR 26(f) depositions, exchanging and provide that both requests and expressly requires attorneys documents informally, or responses must be “reasonably targeted, clear, and as specific as possible.” to “review and understand jointly seeking and sharing Among the new topics to be discussed at how their client’s data the costs of discovery from the 26(f) conference and report is how and ESI are stored and third parties. discovery “will be managed,” including the possibility of foregoing or limiting retrieved” in advance of LCR 26(c) (Protective Orders): depositions, exchanging documents LCR 26(f) conference. One proposed revision that received informally, or jointly seeking and a number of comments during the sharing the costs of discovery from third Model Protocol for Discovery of ESI: comment period would provide that parties. The parties are also to discuss As required by new LCR 26(f), the the Court will no longer sign stipulated the “targeted discovery that each side parties must determine whether they protective orders. Whether this anticipates seeking,” again emphasizing will agree to adopt the Model Protocol provision will remain in the final version proportionality. for Discovery of Electronically Stored remains unknown at the time this Information in Civil Litigation (“Model The revised LCR 26(f) also includes a article was submitted for publication. Protocol”), developed in partnership list of subjects on which parties must It is possible that the Court will adopt a with the Local Rules Committee of the attempt to agree in every case that model stipulated protective order that FBA and available on the Court’s web will “involve the preservation and may be used where the parties seek site. The Model Protocol is divided into production of Electronically Stored the Court’s approval of their stipulated three sections: the first section outlines Information (‘ESI’).”3 Among other agreement. Just be aware that the Court the goals of the protocol; the second things, the parties must try to agree is addressing the practice and consult section sets forth the basic principles as to the identification of the ESI to be the rule before filing your stipulated that the Court expects to apply in preserved, production format, and ways protective order after December 1. most cases; the third section provides to cull and search for relevant ESI, such some more specific provisions that the LCR 26(f) (Conference of the as searching by custodians, filtering, parties may want to consider in cases using search terms, and querying Parties; Planning for Discovery): with more complex ESI issues. A pro forma approach to the Rule 26(f) databases for reports. Parties also must conference is no longer practicable or try to agree regarding procedures for The Model Protocol was intended to advisable under new LCR 26(f). The handling inadvertent production and be an organic document that can be changes to rule 26(f) fall into two waiver issues. In the alternative, parties amended and revised as technology categories. First, they provide additional may adopt the Court’s model protocol changes. For example, the technology subjects that must be addressed in the Continued on page 14 Winter 2012 13 Revised Local Civil Rules For The Western District Of Washington Continued from page 13

same day it is filed. LCR 37 lists some may obtain a trial date (bench or jury) circumstances in which parties might within six months after the Court consider using the procedure, such as approves their agreement to adopt the to get a quick decision on a motion to procedures set forth in the rule. Among seal, a motion for relief from a deadline, other things, those procedures (a) limit or a motion in limine. The joint motion discovery to 10 interrogatories, 10 practice has been underutilized for requests for production, 10 requests for discovery motions, but practitioners admission, and 15 hours of deposition; may find it more useful in these and (b) require the use of the expedited other circumstances where a prompt motions procedure in LCR 37; (c) allow ruling benefits both sides of the dispute. each side three hours to present evidence relating to search methodologies is (and one expert witness per side); and (d) rapidly evolving, and new methods of limit the post-trial motions the parties computer-assisted review of documents The biggest change to the may bring and the grounds for a new may be more cost effective in the coming local ADR rules in LCR 39.1 trial or appeal. New LCR 39.2 expressly year and incorporated in the Model is that participation in ADR allows parties to propose modifications Protocol. The Model Protocol is not an to these provisions, subject to Court inflexible checklist and acknowledges is no longer mandatory. approval. The goal of the Individualized that not all aspects of it will apply Trial Program is to provide a faster and to every case. At the same time, the LCR 39.1 (Alternative Dispute less expensive alternative to prolonged Model Protocol is intended to serve Resolution): discovery and traditional trials. as a “framework for anticipating and The biggest change to the local ADR addressing ESI-related discovery at the rules in LCR 39.1 is that participation earliest stages of litigation.” Practitioners in ADR is no longer mandatory. The may want to take note of, and be able to parties must address whether some form justify, positions that are contrary to the of ADR makes sense in their Rule 26(f) Model Protocol’s general provisions. conference and Joint Status Report, LCR 37 (Failure to Make and the Court may order it, but it is Disclosure or Cooperate in otherwise voluntary. Where the Court Discovery: Sanctions): orders mediation, parties are to use a One of the Court’s primary goals in mediator from the Court’s register of LCR 65 (Temporary revising the Local Rules was to reduce attorney neutrals if they can agree on Restraining Orders): the cost of litigation. Two significant one and follow the procedures in LCR In LCR 65, the Court has codified the amendments to that end are found in 39.1(c); otherwise, they may select any approach taken by most judges in the LCR 37 and LCR 39.2, discussed below. mediator they wish and adopt their own Western District when motions for process. Similarly, the arbitration rules in temporary restraining orders (“TRO”) One of the Court’s primary LCR 39.1(d) apply only in court-referred are filed. Under new LCR 65, ex parte arbitrations (in which parties also must motions for TROs are disfavored goals in revising the Local use arbitrators from the Court’s register). and will “rarely be granted.” Absent Rules was to reduce the cost The revised LCR 39.1 also sets forth the a showing that the requirements of of litigation. process for parties to request a pro bono federal rule 65(b)(1) apply, LCR 65 mediator using Court forms. Attorneys requires the moving party to serve the on the Court’s register of neutrals must TRO on the opposing side before or Most practitioners are familiar with contemporaneously with the filing of the procedures for expedited joint accept at least one pro bono appointment per year, if asked, or risk removal. the TRO. After that, the rule provides discovery motions in LCR 37. Revised guidance on how a party notifies the LCR 37(2)(I) allows the parties to use LCR 39.2 (Individualized Court of the TRO and how to get a the expedited joint motion procedure Trial Program): judge “promptly assigned” to the action. for any type of motion. The procedure The local rules now include an Finally, the new rule sets forth the allows parties to file a contested motion “individualized” and expedited trial timing for the opposing party to file a that is noted for consideration the process. Under new LCR 39.2, parties response to the TRO.

14 FBA - WDWA News Revised Local Civil Rules For The Western District Of Washington

date, manner, and the names of the 1 The changes to the Local Criminal Rules are Under new LCR 65, ex participants in the conference. numerical only, to reflect the incorporation of the General Rules into the Local Civil Rules. parte motions for TROs In addition to beefing up LCR 37’s 2 Ken Armstrong, Justin Mayo and Steve Mi- are disfavored and will certification requirements, the revised letich, Your Courts, Their Secrets: The Cases rules add a meet-and-confer requirement Your Judges are Hiding from You, THE Seattle “rarely be granted.” before a party can file a motion to seal Times, Mar. 5, 2006. (LCR 5(g)), a motion for relief from 3 The term ESI is borrowed from Federal Rule 26, Expanded Meet-and-Confer a deadline (LCR 7(j)), or a motion to which the Advisory Committee Notes explain intentionally leaves the term undefined. At Obligations: consolidate (LCR 42(b)). The requirement As part of the Court’s overall effort to the very least, ESI includes e-mail, as we all already existed for discovery motions know; thus, it is hard to imagine a case today make litigation less costly, the revised under LCR 37, motions in limine (LCR that would not “involve the preservation and LCRs expand the meet-and-confer 7(d)(4)), and motions for protective production of” at least some “ESI.” Moreover, requirement in existing rules and add order (LCR 26(c)(1)). As a result, if parties who decide their case does not involve ESI may be precluded from bringing a motion the requirement to other rules. New you have not “met and conferred” on a LCR 1 defines “‘Meet and Confer” as to compel such material later. Under the new particular motion before filing, there’s LCR 26(f)(3), parties may not bring a motion to a “good-faith conference in person or a decent chance you violated one of the compel such material unless they can say that by telephone to attempt to resolve the Court rules: only dispositive motions and they have adopted a version of the protocol or at least discussed the ESI topics in advance. matter in dispute without the Court’s motions to change forum seem to have involvement. The Court expects a escaped the conference requirement. Michelle Peterson and Miles Yanick are the co-chairs high degree of professionalism and of the Local Rules Committee of the Federal Bar collegiality among counsel during So, whether you have perused this Association of the Western District of Washington. any meet and confer conference.” To entire article or only glanced at the Michelle is a shareholder at Lane Powell PC where certify a meet-and-confer conference headings, it would be well-advised to her practice emphasizes white collar criminal defense, review the revisions to Local Rules government enforcement and commercial litigation. for a discovery motion under revised Miles is a partner at Savitt Bruce & Willey, LLP, LCR 37, the moving party must also before your next encounter with the where his practice emphasizes commercial litigation file a certification that includes the Court. Ignore them at your peril. and trust and estate litigation. Chief’s Corner Continued from page 5

• Cuts to Bankruptcy Court: While range of border-related matters, on parties, lawyers, and the public. the caseload in bankruptcy court including immigration cases, Because we do not know how long any has nearly doubled since the onset criminal cases, and trade-related budget cuts may last, we are preparing of the financial crisis in 2008, the disputes. The Western District of both in the short and long term. staff of the bankruptcy court in Washington spans nearly 200 miles the district has fallen by 7 percent of the U.S.-Canadian border. Our While we hope for the over the same period. Further cuts district’s border-related functions to the bankruptcy court system are likely to be significantly best, we must also threaten to reduce its efficiency at a impacted by budget cuts. prepare for the worst. time when bankruptcy courts play It is my sincerest hope that this a critical role in the resilience of the unnecessary crisis can be avoided. But, Former Chief Justice William Rehnquist national economy. while we hope for the best, we must once called the federal judiciary one • Cuts to Border Security also prepare for the worst. of the “crown jewels” of our system of Enforcement: Chief Judge David B. government. During this time, I promise Together with the judicial conference Sentelle of the U.S. Court of Appeals that we in the Western District of and districts across the country, our for the District of Columbia has Washington will do everything possible district is preparing contingency plans explained that, under sequestration, to live up to these high standards. I for sequestration. We are evaluating “border courts will be hurt the ask for your patience and perseverance ways to ensure the smooth operation worst.” Federal courts handle a wide during this uncertain time. of the court and to minimize the effect

Winter 2012 15 The Honorable Betty Binns Fletcher Continued from page 6 to the consternation of some senior of the Seattle Bar Association military personnel there, she routinely (later named the King County Bar offered rides to black sailors who Association), the first female on the needed to get from town to base. Board of Governors for the State Bar, and on the American Bar Association The Judge, taking care of what Ethics Committee, smashing down a eventually were four young children, series of gender doors along the way for left formal education for 10 years after scores of others. the family headed back to Seattle where she and Bob would remain for the rest With four kids to put through college of their nearly 70-year marriage. and a thriving practice, Judge Fletcher politely declined inquiries from then Fortunately, Judge Fletcher returned to Governor Dan Evans and others about her legal education and graduated first joining the bench. That changed with in her otherwise all-male class from the President Carter’s executive order University of Washington Law School Photo courtesy of the UW School of Law calling for diversification of the federal in 1956, all while helping to raise her bench and the roll out of a merit children – Susan, William (now the The Preston, Thorgrimson & Horowitz selection panel to vet candidates for the Hon. William A. Fletcher, Ninth Circuit firm (now K&L Gates), however, wanted Courts of Appeal. With the enthusiastic Court of Appeals), Kathy, and Paul. Bob to hire the best student from UW. support of Senators Jackson and began his teaching career at the UW law Still, as Judge Fletcher told the story, Magnuson (also both clients of the school at that time as well. it took old-fashioned networking and a call from her father to help secure firm), the Judge applied and ultimately her employment at the firm. Charles was nominated and confirmed to the Judge Fletcher served as Horowitz (later a State Supreme Court Court of Appeals. Eventually, and the first female President of Justice) would become the Judge’s fittingly, she also served on the first all- mentor there. women panel of judges ever assembled the Seattle Bar Association in our federal court system. (later named the King During her more than twenty years at the firm, where she later became a Commitment To Justice County Bar Association), named partner (one of the first female the first female on the named partners at a top-tier firm in The Judge’s commitment Board of Governors for the nation), the Judge handled all to justice for the underdog variety of matters, including personal the State Bar, and on the representation of Supreme Court did not just manifest in the American Bar Association Justice William O. Douglas, who high-publicity cases, but in became a close friend. Becoming one more common cases as well. Ethics Committee, of the most well-regarded business smashing down a series of lawyers in the region, Judge Fletcher gender doors along the way litigated cases, grew the firm’s Both intimidatingly intelligent and Asian practice, handled complex disarmingly warm, the Judge took for scores of others. international transactions for Boeing, her habits of mastering the facts of a and was general counsel for Seattle case and careful deliberate review of Excellence and Achievement: A Trust bank. the record to the bench. She authored scores of important opinions, and Trailblazer for Gender Equality She also became directly involved several dissents, across the spectrum Despite obvious brilliance and an in the women’s rights movement, of issues that confront the Court, impeccable record of achievement, helping to secure passage of the Equal particularly in the areas of civil Judge Fletcher was nearly unable to Rights Amendment to our State rights, free speech, the environment, find work as a newly minted lawyer in Constitution and working to encourage discrimination, immigration, and Seattle. Law firm after law firm offered undergraduate women at UW to Indian Law. Judge Fletcher had some sexist comments about her need to take consider law school. care of family or suggested placement opinions sustained by the Supreme in a non-lawyer capacity. By the early 1970’s, Judge Fletcher Court, and as the Supreme Court grew served as the first female President 16 FBA - WDWA News more conservative, a “proud” history of During her long tenure, the Judge to work as one of her four law clerks reversals as well. helped set the standard for judicial following graduation or a district court temperament. In her opinion, judges clerkship. At elite liberal institutions The Judge’s commitment to justice for “should be polite and considerate like Yale Law School, Seattle was the underdog did not just manifest and recognize that counsel has an noteworthy only for a few reasons – in the high-publicity cases, but in important role to play.” Substantively, , grunge music, and most more common cases as well. The social Judge Fletcher believed judges “should importantly, Judge Betty Fletcher. security benefit appeal that denied have a sense of humanity and an Students there, and elsewhere, someone a small check that helped interested in clerking for the best him or her keep a head above federal judges in the country held water, the immigrant asylum her in the highest regard. Even seeker hoping to find safety in more conservative colleagues such America, or the development as Alex Kozinski, Chief Judge, near a wetland granted hastily Ninth Circuit Court of Appeals without full review. Those types of (a Judge himself highly sought cases warranted and received her after by prospective clerks), utmost care and attention. recommended her to law students For cases of life and death, as she interested in clerkships. once told an audience at New York To clerk for Judge Fletcher was University law school, it was not an exercise in keeping up with for her to decide the wisdom of Photo courtesy of the UW School of Law her tireless work ethic. The the death penalty, but it was for Judge worked early in the morning, her to make sure society did not execute understanding of what brought these late at night, and on weekends. When an innocent person or deny a defendant people into court.” Though a proud traveling to sit on a panel outside the most exacting review of the record. liberal, the Judge bristled at the Seattle, the Judge would meet clerks caricature of “activist” judges, noting The Judge helped set “I sometimes agonize, hold my nose, but you have to follow the law. . . I The intensity of the the standard for judicial think that to say every time you make a work was matched by its temperament. In her humane decision you’re an activist [is a] importance and excitement, opinion, judges “should be very false characterization.” and balanced by the polite and considerate and Inspirational Leader and Mentor Asked what two best things she enjoyed warmth and affection that recognize that counsel has about being a judge, Judge Fletcher emanated from Judge an important role to play.” offered that in addition to the freedom to decide the cases “conscientiously” Fletcher each day. was the “wonderful endeavor to be In the mid-1990’s, the Judge famously working with bright young minds . . . for breakfast at the crack of dawn, elected to take senior status in who have become your family . . . . ” work late into the evening, then enjoy exchange for Sen. Orrin Hatch’s great dinner conversation until the wee Universally, her law clerks (now agreement to allow her son, Hon. hours. Clerks, mostly in their mid-20’s, numbering well over 100) remain William “Willie” Fletcher, to take a seat could hardly keep up. beside her after his nomination to the deeply appreciative of the time spent In Judge Fletcher’s chambers, clerks Ninth Circuit by President Clinton was working with the Judge and truly read every single decision issued by the held up for two years. Despite this loss honored to have served her. The Judge Ninth Circuit. If a decision got the law of active seniority, the Judge got the extended her affection to clerks’ wrong, the Judge wanted to know and best of her critics – freed up from the families and pets. might want to do something about it. duties of her active judgeship, she sat Each year hundreds of applicants, Judge Fletcher was a meticulous reader on as many or more panels than before, including dozens of top students at of the record who taught the clerks often visiting other Circuits routinely. our best law schools, eagerly applied to be the same. Bench memos drafted Continued on page 18 Winter 2012 17 The Honorable Betty Binns Fletcher Continued from page 17 for the Judge before argument is burdened with a tremendous were not just dependent caseload and I feel it is my upon the case law captured in duty and privilege to continue the parties’ respective briefs to work to help alleviate that (which were drafted with varied burden. I enjoy the work degrees of skill and accuracy), that the court offers me. The instead they were also based on cases are interesting and careful, exhaustive research by challenging. I enjoy the daily the clerks. interaction with my law clerks, my colleagues and the entire The intensity of the work was court family. But most of all I matched by its importance enjoy serving the public and will and excitement, and balanced continue to do so.” by the warmth and affection Photo by Craig Perry Ollila that emanated from Judge Fletcher Trail). Both of them were also diehard As she told the L.A. Times last year, each day. The Judge’s humanity shined Mariners fans who regularly attended “I’m not a gardener and I’m not a bright every day. The Judge would light games with her law clerks. housekeeper. The only thing I would up when a child or a dog would walk do is more reading for pleasure if I had To the good fortune of our legal into chambers (some babies literally the time.” community, several of her clerks fell so took their first steps in her chambers) in love with the area that they decided Now spread literally across the and she took great joy in hearing to stay. That was true of law clerks world — from small and large public about the lives, both personal and Todd True, a nationally respected interest law practices, to several law professional, of her extended and very environmental lawyer who runs school faculties, across the ranks of large clerk family. EarthJustice’s Seattle office, and Jorge government, in private practice across Commitment to the Pacific Baron, now Executive Director of the the country, and even the federal bench Northwest and Public Service Northwest Immigrant Rights Project. itself — over 100 law clerks owe much Both Judge Fletcher and Bob were And, of course, those of us from the of their success and talent to the good passionate promoters of the Pacific Northwest had even more reason to fortune of time spent working for Northwest. She and Bob invited her stay and raise our families here as well, Judge Betty Fletcher, in whose honor departing clerks to join them on a trip sharing Seattle and our loved-ones with so many of us labor. up to their family property at Parker the Judge. And like so many others inside and Harbour, British Columbia, each Regarding her ongoing work into her out of the legal community, we all summer. She and Bob also encouraged late 80’s, Judge Fletcher wrote just a miss her dearly. clerks to explore our places of beauty: few months ago, after the passing of Shayne Stevenson, a partner at Hagens the Olympic Peninsula, the San Juan her beloved Bob Fletcher in December Islands, and Mount Rainier (where Berman LLP in Seattle, served as a law of 2011, “As a Senior Judge I continue clerk to Judge Betty Binns Fletcher. Judge Fletcher was part of the first all- to carry a full calendar load. Our court female expedition around Wonderland

18 FBA - WDWA News The Federal Bar Association’s Membership Committee Cordially Invites You To Attend: Free Cle And Networking Reception Top Ten Tips For Succeeding In Federal Court Panel Members: Chief Judge Marsha J. Pechman Judge Richard A. Jones Judge John C. Coughenour Judge Robert S. Lasnik Judge Ricardo S. Martinez

For Early-Career Practitioners Join your fellow Federal Bar Association members in their first few years of practice to hear from this esteemed panel of judges from the U.S. District Court for the Western District of Washington Wine & cheese reception to follow immediately in the Federal Courthouse in Seattle

January 10, 2013, 4:00 p.m. to 6:00 p.m. U.S. District Courthouse 700 Stewart Street, 19th Floor, Seattle

Good News: The CLE and reception are free to FBA members in their first two years of practice Better News: If you are not an FBA member, but are admitted to practice in the Western District of Washington and if you are in your first two years of practice, it is free for you to join the FBA To register for the CLE and reception or to become a FBA member (and register for the CLE and reception) go to the FBA’s Website: www.fba-wdwash.org One (1) CLE credit pending For more information, please contact Membership Co-Chairs David Keenan ([email protected]) or Cynthia Jones ([email protected])

Winter 2012 19 FBA – WDWA News Federal Bar Association of the Western District of Washington Officers President Jane E. Pearson 206.447.4705 Vice-President PRSRT STD Jennifer E. Wellman 206.553.1100 U.S. POSTAGE Secretary PAID Floyd G. Short 206.373.7381 SEATTLE, WA Treasurer PERMIT NO. 5544 Tessa Gorman 206.553.4994 Immediate Past President James P. Savitt 206.749.0500 Trustees John H. Chun 206.676.7000 Madeline Engel 206.359.8000 Russell Garrett 360.567.3911 Shannon M. Jost 206.892.2124 Matthew Thomas 253.428.3800 Committee Chairs Admirality John S. Congalton • Kevin B. Smith ADR Carolyn Cairns • Michele A. Gammer Appellate Practice Helen J. Brunner • Jonathan S. Solovy Bankruptcy Thomas S. Linde • Richard J. Hyatt CLE Theo Angelis • Michael Ryan Court Services & WSBA Liaison Lish Whitson Criminal Law Darwin Roberts • David Smith Federal Appointments John Wolfe Federal Civil Rights Clinic Tracy Morris • Roger Townsend (Ass’t Dir.) Intellectual Property Brian Park • Justin A. Nelson Local Rules Michelle Peterson • Miles Yanick Membership Cynthia Jones • David Keenan Nominations Brian Kipnis • Rebecca Engrav Pro Bono Brett Purtzer • Joanna Plichta Boisen Website & Communications Christopher G. Emch • W. Adam Coady www.fba-wdwash.org