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VOL. 30 NO. 1 FALL 2008 FBA-WDWA NEWS PRESIDENT’S MESSAGE: THE CHANGING FACE OF THE FBA-WDWA By Tracy M. Morris ne reason many of us become involved with the Federal Bar Association of the Western Dis- O trict of Washington, and stay so involved, is that it pro- vides a positive place for us to contribute to our legal community. When I think about the FBA-WDWA in this District, I think about cooperation and camaraderie – the bench and the bar working to- gether to improve the practice of law and to serve the public. What troubled me as I began my presidency last year was that many of my contemporaries did not share this view. They did not see the benefit of joining the FBA-WDWA and they did not feel connected to this community. In an effort to change this, we worked this year Richard A. Jones from the King County on two key initiatives: increasing accountability to members and the Superior Court bench to the U.S. Dis- courts, and increasing membership diversity. trict Court. And Judge Benton’s vacancy was officially filled by our first Assistant Federal Public Defender to take the fed- To be more accountable, the FBA- evant. Along with making these mem- eral bench, Judge Brian A. Tsuchida. WDWA has taken steps to clarify and bership improvements, we updated our enhance membership experience. membership database and reached out In the midst of these many changes, we Through the hard work of the officers to new and long-time members. In so continued our tradition of presenting a and the Membership and Website/Com- doing, we both increased our numbers vast array of quality continuing legal edu- munications Committee co-chairs, we and made our membership more diverse cation programs. This year’s topics ran wrote new membership letters; made ad- in terms of geography, practice area, the gamut from a brown bag lunch with ditional points of contact with new and ethnicity and age. We hope that by mak- Ninth Circuit mediator Christopher A. prior members throughout the year; au- ing ourselves more accountable, you will Goelz regarding the process for mediat- tomated our membership services so that retain your membership, we will attract ing cases pending before the Ninth Cir- all FBA-WDWA registrations (including new members with fresh ideas, and we cuit, to a four-day, fifteen-hour, CR 39.1 membership renewals, reminders, in- will create a community that makes training program. And, for the first time, voices and CLE registrations) can be people want to volunteer their time. the Criminal Law Committee presented handled on-line; conducted a swearing- a comprehensive look at white collar in ceremony for new bar admittees in The face of our court changed this year, criminal legal issues, followed up by the Seattle and Tacoma; published this news- as well. With the untimely passing of Ethics and Practice Committee’s half- letter; and, our piece de resistance, pro- retired Magistrate Judge Philip K. day session on ways for civil lawyers to fessionally redesigned our website. We Sweigert in May, we lost one of our fin- avoid violating criminal laws. With the hope that the technological facelift will est jurists and a great friend. In addi- participation of several FBA Officers, the improve our members’ experience. Our tion, Magistrate Judge Monica J. Benton Ninth Circuit Lawyer Representatives goals were to make your interaction with left the bench, taking a position at the also presented a stellar program about the FBA-WDWA easier and more dy- King County Superior Court. At the namic, and to ensure that the FBA- same time, our District had the good for- WDWA remains current, useful and rel- tune to witness the elevation of Judge Continued on page 9 12 FALL 2008 In this issue: President’s Message: The Changing Face of the FBA-WDWA ............... 1 In Memoriam: U.S. Magistrate Judge Philip K. Sweigert ..........................3 Reminiscences: Judge Sweigert .................................................................4 FBA-WDWA Celebrates Another Successful Year at 2007 Annual Dinner and CLE .................................................................5 ADR Committee Presents ADR Neutral Training Program ..................... 12 Western District Magistrate Judges Host FMJA Annual Meeting and FJC Workshop ..............................................13 Profile of Judge Brian A. Tsuchida...........................................................14 Criminal Law Committee Co-Sponsors Wide-Ranging White Collar Crime CLE ..................................................16 Profile of Judge Richard A. Jones ............................................................20 Reciprocal Discipline and Changes to the Local Federal Rules ...............24 Military History Meets Current Events in Powerful Annual District Meeting and CLE..........................................27 Lawyers and Judges Gather in Sun Valley for Ninth Circuit Judicial Conference .......................................................29 Announcements Appellate ECF Training .............................................................................................. 19 FBA-WDWA Slate of Officers and Trustees ............................................................ 26 Reappointment of Magistrate Judge Brett ................................................................. 28 2008 Annual Dinner and CLE .................................................................................... 30 On the cover: The Federal Bar Association News is a publication of the Federal Bar Association of the U.S. Courthouse in Seattle Western District of Washington. Comments and proposed articles should be addressed to: © Frank Ooms, courtesy of NBBJ Duncan Manville Joanna Plichta Boisen Savitt & Bruce LLP Foster Pepper PLLC Puget Sound Plaza 1111 Third Avenue 1325 Fourth Avenue, Suite 1410 Suite 3400 Seattle, WA 98101-2509 Seattle, WA 98101-3299 (206) 749-0500 (206) 447-5144 [email protected] [email protected] 332 FBA-WDWA NEWS IN MEMORIAM: U.S. MAGISTRATE JUDGE PHILIP K. SWEIGERT he Honorable Philip K. Sweigert, who served this District as a U.S. Magistrate Judge for over 20 years, passed away on TMay 23, 2008. He was 74 years of age. [The following are major excerpts Alice and their daughter Elizabeth from an article distributed at the moved to Seattle where he became the memorial service for Judge Sweigert law clerk for U.S. District Judge Will- at the Faith Lutheran Church. iam T. Beeks. In 1965 Phil joined the These excerpts are reproduced here law firm of Bogle & Gates. He was with the permission of his family appointed U.S. Magistrate Judge in Se- and the Church.] attle in 1977, and held this position until he retired in 1998. He was recalled to Philip Kerner Sweigert was born and serve in a part-time capacity, and con- raised in San Francisco. He attended tinued to do so until the date of his parochial schools both there and in death. Phil loved his work as a judge, he developed a love for travel in Eu- Sacramento, receiving a classical edu- and was highly regarded for all aspects rope, and made many trips there with cation including Greek and Latin, of his work. He particularly enjoyed Alice and with others in the family. He which would serve him well in his ca- conducting settlement conferences, and also loved their annual trips to Maui, reer. He graduated from the Jesuit was very skilled in assisting the parties where he spent time with friends from St. Ignatius High School in San Fran- in reaching agreed resolutions without Seattle and elsewhere, enjoying a re- cisco. the delays, uncertainties and costs spite from the cold and wet Seattle win- which accompany trials and appeals. At Stanford University he received his ters. B.A. in History in 1955. He then spent Phil and Alice raised four children: Another beloved place for Phil was the two years in the Army at Fort Lewis, Elizabeth, Jonathan, Jennifer and Amy. family’s summer home on Guemes Is- serving in a clerical position, develop- Phil was a husband and father ahead land. When he was there, he rarely ing a taste for creamed tuna on toast, of his time, actively involved in raising stopped working on the upkeep of the and visiting his future wife’s parents his children and helping around the family properties, catching and cook- in Seattle. In 1958 he married his home. It was his job to give the chil- ing crab, taking care of his motor boat, Stanford sweetheart, Alice Hanson. In dren their baths and he told wonderful giving rides to his grandchildren and order to marry Alice he chose to be bedtime stories. He cleaned house, did others, and keeping in shape by cycling confirmed in the Lutheran Church, and the dishes every night, and later learned around the island. He also enjoyed re- was a faithful church member for the to cook, becoming an expert at various laxing on the beach with a book. He rest of his life. He attended the Uni- delicacies ranging from enchiladas to was known for putting on one of the versity of California Hastings College pizza to Christmas cookies and candy. best fireworks displays on North Beach of Law at Berkeley from 1958 to 1961, He was particularly proud of his almond on the Fourth of July. graduating summa cum laude, and was roca and loved discovering new reci- a member of the Order of the Coif pes such as microwave peanut brittle. Music was a joy to him. He sang in and President of the Thurston Honor Phil leaves five grandchildren: Elsa, the barbershop quartet “What Four” at Society. Alexander and Thea Lund, and Nicho- Stanford, was active in church choirs las and Miranda Sweigert. Upon graduation from law school, he at both Phinney Ridge and Faith joined the law firm of Kindel & Ander- Although Phil didn’t have the opportu- son in Los Angeles. In 1963, he and nity to travel overseas until his fifties, Continued on page 12 43 FALL 2008 fortable appearing before him, or REMINISCENCES: JUDGE SWEIGERT felt that I had entered a venue where the judge’s personal By Judge John L. Weinberg views might have presented me U.S. Magistrate Judge (Ret.) with an uphill path. Phil on the U.S.

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