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 Washington. 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 Seattle, 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 James Robart, and in which the District Court Executive William McCool, FBA Local Rules Committee participated. was Constitution Day, in which fourth- lawyers. 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 Lawyer 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 American Bar Association 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