Published Quarterly by Oregon Women Lawyers Volume 23, No. 2 Spring 2012
23 years of breaking barriers 500 Celebrate Roberts, Deiz Awards 1989 -2012 By Rose Alappat n March 9, 500 Benton County Dis- people gath- trict Attorney John ered to cele- Haroldson, one of President O brate the 20th annual many colleagues who Heather L. Weigler Justice Betty Roberts wrote in support of Vice President, President-Elect Megan Livermore and Judge Mercedes Judge Lopez’s nomi- Deiz Awards. The nation: “While I’m Secretary Kendra Matthews awards were espe- certain that Judge Treasurer cially poignant as at- Lopez was not aware Kathleen J. Rastetter tendees remembered of the important role Historian the passing of Justice he played for me as a Elizabeth Tedesco Milesnick Betty Roberts in June mentor, his influence Board Members 2011. became evident. I Sally Anderson-Hansell This year, the Justice chose to remain in Hon. Frances Burge Betty Roberts Award Oregon and with the
Megan Burgess Photo by Jodee Jackson Laura Craska Cooper was presented to Or- Judge Angel Lopez and Justice Virginia Linder beliefs inspired by Gina Eiben egon Supreme Court Judge Lopez, I went Dana Forman Amber Hollister Justice Virginia Linder, and the Judge Mercedes on to become Oregon’s first Hispanic district Angela Franco Lucero Deiz Award was presented to Multnomah County attorney.” Banafsheh Violet Nazari Circuit Court Judge Angel Lopez. Judge Lopez developed his appreciation for the Hon. Julia Philbrook Shannon Reel The sold-out Roberts-Deiz Awards Dinner was law during an especially chaotic time in his child- Cassandra SkinnerLopata held for the first time in the elegant setting of hood. As a young child, he saw his neighborhood Hon. Jill Tanner the Nines Hotel Ballroom in Portland. The eve- suffer through the Watts riots. He remembers the Gloria Trainer Heather Walloch ning began with the OWLS Foundation’s silent destruction of his local post office and library, Hon. Youlee You auction. OWLS members and friends enjoyed the and the helicopters enforcing curfew. He real- Past Presidents new venue while socializing over drinks and spa ized that even though he and his family lived in Concetta Schwesinger packages. The celebration then transitioned to poverty, they still had something to lose. That Gwyneth McAlpine Heather Van Meter dinner, which began with a concert by the Aurora experience, and early guidance from mentors, Laura Caldera Taylor Chorus honoring OWLS’ founders. inspired him to become an attorney. Kellie Johnson During dinner, OWLS President Heather Judge Lopez has advanced the Oregon State Norma S. Freitas Kate A. Wilkinson Weigler thanked the dinner sponsors, including Bar’s diversity efforts by, among other activities, Jennifer K. De Wald title sponsor Stoel Rives, and recognized the dis- serving as one of the first directors of the OSB’s Sarah J. Crooks tinguished judges, political leaders, candidates for Affirmative Action Program and joining the Elizabeth Schwartz Lori E. Deveny public office, and guests in attendance, including steering committee for the 2011 Convocation on Debra Pilcher Velure members of Betty Roberts’s family. Equality. As a judge, he aims to challenge stereo- Marilyn E. Litzenberger The Judge Mercedes Deiz Award was then types about the ability and ambition of people, Teresa M. Kraemer Patricia L. Heatherman presented to the Honorable Angel Lopez. The especially children, who live in poverty. Julie Levie Caron award recognizes an individual who has made an During his remarks, Judge Lopez noted, “There Phylis Chadwell Myles Helle Rode outstanding contribution to promoting minori- are many people in this country who believe that Diana Craine ties in the legal profession and the community. poor people—and that minority people—are stu- Kathryn M. Ricciardelli The presenter, Multnomah County Circuit Court pid and inadequate and get what they deserve. Agnes Sowle Katherine H. O’Neil Judge Richard Baldwin, praised, among other Standing before you tonight is a poor person, a accomplishments, Judge Lopez’s early work rep- person with English as a second language, who Executive Director Linda Tomassi, 503.595.7831 resenting Spanish-speaking clients and inspiring was given the opportunities and is not stupid, and [email protected] fellow Hispanic attorneys. Judge Baldwin quoted Continued on page 4 AdvanceSheet Editor Elise Gautier, 503.292.2893 [email protected] Q & A of candidates on pages 6–9 www.oregonwomenlawyers.org
OREGON WOMEN LAWYERS AdvanceSheet 1 SPRING 2012 President’s Message OWLS Members in ver the past year as OWLS president, I’ve learned Contested Races a lot. Those lessons haven’t always been easy, but lease see pages 6–9 for information OI suppose nothing really worth learning ever is. on the candidates for position 3 on I’d like to take this opportunity to share some of those Pthe Oregon Supreme Court and the lessons with you, to acknowledge the many teachers I’ve candidates for attorney general, all of encountered along the way (some more nurturing than whom are OWLS members. others, but all powerful educators), and to thank OWLS The following OWLS members are and its members for the opportunity to stretch myself and running in other contested races. grow as OWLS president. Timothy Volpert is in a three-way race for a seat on the Oregon Court of Ap- 1. You can have it all, just not at the same time. peals, position 6. I had heard this before, but I never fully appreciated it Beth Bagley, a supervising attorney Heather L. Weigler until I became a mom. That happened two months before in the Deschutes County District Attor- I became OWLS president, and, quite frankly, I don’t know ney’s Office, is in a three-way race for what on earth I was thinking. If I hadn’t been able to negotiate for a reduced work a seat on the bench in the 11th district, schedule, hand off committee chair assignments, and lean heavily on others, I wouldn’t position 2. have been able to make it all work, which leads me to lesson number two. J. Channing Bennett, a shareholder with Garrett Hemann Robertson in Salem, 2. You can’t do it alone. is in a two-way race for a seat on the Thank goodness for an active and engaged OWLS executive committee, an out- bench in the third district, position 11. standing staff, an understanding boss, a supportive partner at home, and a host of Victory Walker, an attorney with South- ern Oregon Public Defenders, is running incredibly dedicated OWLS members who volunteer their time and energy to support for a seat on the bench in the 14th district, OWLS’ mission. If I tried to thank everyone who deserves it, I would fill this whole position 2, against one challenger. newsletter, but I’d like to mention a special few. President-elect Megan Livermore Congresswoman Suzanne Bonamici often made trips up to Portland from Eugene to attend after-hours events so I could (D) is the in- be home with my new baby. Cashauna Hill, Heather Van Meter, and Kate Wilkinson cumbent in stepped in to lead the OWLS judicial work group, which has done remarkable work the race to this past year to help our members seek judicial positions. Fall CLE committee co-chair represent Or- Judge Jill Tanner and the Fall CLE committee members made it possible for me to egon’s first spend the afternoon with Anita Hill and 300 OWLS members and make it home for congressional baby bedtime. Amber Hollister, Stephanie Corey, and the members of the Roberts- district. She Deiz Awards Dinner committee made my last public evening as OWLS president a does not face smashing success. And Executive Director Linda Tomassi has done more for me this an opponent year than I can possibly recount in sentence form. Behind every great woman are in the May lots of other even greater women, which leads me to lesson number three. Democratic primary, but 3. We are better together. Rep. Suzanne Bonamici, will face the an OWLS member As you may have already gathered, this year was challenging for me in many ways. winner of the But it has also been indescribably rewarding. One of the most rewarding moments Republican primary in the November was also the most difficult, requiring me to navigate a difference of strong opinions general election. on a topic of great importance to our organization and our mission. I learned from Secretary of State Kate Brown (D), has that experience that many small voices can be louder than a bully pulpit, but that two challengers for her position, one the key is speaking as one. Democrat and one Republican. That is why I believe in OWLS and its mission. This organization has supported Beth Heckert, the chief deputy district women and minority lawyers’ efforts to accomplish great things in Oregon, and attorney in the Jackson County District I’m proud to be a part of a legal community that listens to our voices. There is still Attorney’s Office, is in a three-way race much work to do to transform the practice of law and ensure justice and equality for Jackson County district attorney. by advancing women and minorities in the legal profession, but I am thankful to Two of the four people running for have been a part of advancing that mission over the past five years. I look forward state representative in the 36th district to our future adventures together, and I wish the best of luck to our incoming board are OWLS members. Sharon Meieran, and president! MD, JD (D) is an emergency physician, and Jennifer Williamson (D) is a lawyer working for an international education research nonprofit. Another Democrat Heather L. Weigler and a Republican are also running for President, Oregon Women Lawyers the position.
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 SPRING 2012 The Oregon Women Lawyers Workplace Leader Award Nomination Deadline Is June 1, 2012 e believe that law as tradition- The Workplace Leader Award In 2011, the award was presented to ally practiced has included Buchanan Angeli Altschul & Sullivan for The OWLS Workplace Leader Award barriers to the advancement of its focus on a healthy balance between W recognizes a legal employer making in- women and minorities and has not always work and life; acquiring and maintaining novative and effective efforts to promote been a friend to those seeking a healthy, a diverse workforce; and maximizing op- one or more of the following values: balanced life. We seek to encourage and portunities for women and minorities to celebrate change that will eliminate s A HEALTHY BALANCE BETWEEN WORK AND succeed in the workplace and advance to those barriers and imbalances, and we life; positions of influence and leadership. expect the profession will be stronger s ACQUIRING AND MAINTAINING A DIVERSE The 2012 recipient of the OWLS Work- as a result. workforce with diverse leadership; place Leader Award will be honored While most legal employers agree in and during OWLS’ Fall CLE. concept that such changes are needed, s MAXIMIZING OPPORTUNITIES FOR WOMEN many disagree on how to achieve these and minorities to succeed in the Nomination Information workplace and advance to positions goals. How can legal employers help Nominations should include the fol- of influence and leadership. parents of small children avoid losing lowing: information that will help the the momentum in their legal careers to We are not looking for an employer to award committee evaluate the specific become leaders in the profession? How exemplify all of these virtues. Rather, the program, policy, or project of the em- can part-time employment work for both award will recognize a specific program, ployer; the markers of success for that employer and employee? How can legal policy, or project that is successfully ad- program, policy, or project; and names of employers promote effective mentoring dressing one or more of the concerns people who can be contacted for further relationships? What can they do to attract outlined above. We particularly want to information. and retain qualified women and minority encourage applications from in-house Nominations must be received via lawyers and equip them for leadership? legal departments, government em- email by 5 p.m. on June 1, 2012, and How can they value contributions to the ployers, and employers who are making should be sent to the OWLS transforma- organization that are not captured by strides in recruiting and retaining women tion committee chair, Dana Forman, at the usual quantification tools, such as and minority lawyers and equipping them [email protected]. billable hours? for leadership. OWLSNet Event By Gina Eiben WLSNet held its annual network- NAEGELI Oing event for lawyers, bankers, and N 1980 accountants on February 1 at the Hotel DEPOSITION AND TRIAL EXPERTS Monaco in Portland. Sponsored by OWLS, the Oregon Society of CPAs, and the Oregon Bankers Association, the event attracted a record number of people. Top 25 Women Owned Businesses (registered OMWBE) Sari de la Motte, the founder of Forte (fka Nonverbal Solutions) delivered the as named by the Portland keynote address, titled “Turn Up the Volume: Access Your Inner Rock Star.” Business Journal for Sari captivated the audience with an two consecutive years entertaining and informative discussion on how to use nonverbal intelligence to NaegeliReporting.com be yourself while accommodating the 503.227.1544 communication style of your audience. 800.528.3335 Members of the participating organiza- tions then enjoyed networking with one Court Reporting another. Made possible by Tonkon Torp, this was a great event for litigators and Trial Presentation transactional attorneys alike. Trial Consultation The OWLSNet committee plans inter- Legal Videography professional networking events in con- Videoconferencing junction with OWLS chapters in Eugene, Language Interpreters Bend, and Portland. Legal Copying/Scanning Gina Eiben, an associate at Perkins Coie in Portland, serves on the OWLS board.
OREGON WOMEN LAWYERS AdvanceSheet 3 SPRING 2012 Roberts, Deiz Awards continued from page 1 has taken those opportunities to be a cir- this room. We all stand on the shoulders cuit court judge for Multnomah County. of giants. We stand on the shoulders of And it’s not just me . . . . there are hundreds parents, of teachers, of mentors. We are of thousands of deserving minority kids all standing on Betty’s shoulders. We all who don’t know how far they can get in see farther and accomplish more because life unless someone is willing to extend Betty’s actions created a better and more a hand to them, to mentor them, to tell equal world.” Nicole observed that we them si es posible—yes, it is possible.” He are also standing on the shoulders of concluded by challenging the audience to Justice Linder. At the event, work for diversity and inclusion. In her remarks, Nicole emphasized her from left, top: Next, Heather Weigler introduced a appreciation for Justice Linder’s personal Charles Markley, video in tribute to Justice Betty Roberts, friendship, as well as her admiration of Julia Markley, who passed away last year. Heather said, Justice Linder’s professional accomplish- Lisa Hunt; “I don’t mean to sound dramatic, but she ments, which include being the first bottom: changed my life,” adding that “there woman to represent Oregon before the Aruna Masih, are so many people here who could say United States Supreme Court, the first Cristina Sanz Photos by Jodee Jackson the same.” The video highlighted Betty’s woman to earn a seat on the Oregon throughout her legal career. She said, influence on the Oregon legal community Supreme Court through a contested “Because I followed Betty Roberts onto in general, and the ways she mentored election, and the first openly lesbian both appellate benches, because I knew and inspired individual attorneys, judges, judge on a state supreme court in the Betty, and because Betty had an amaz- political leaders, and friends. United States. ing influence on me personally and my After the tribute, J. Nicole DeFever Justice Linder has also actively contrib- success in becoming a judge, this award presented the Justice Betty Roberts uted to several organizations in the state, means more to me than I can possibly Award to Justice Virginia Linder. The including the OSB’s Opportunities for Law say.” award recognizes an individual who has in Oregon program, the Oregon Gay and Justice Linder described her experience, made an outstanding contribution to Lesbian Law Association, and OWLS. when she started practicing law, of being promoting women in the legal profes- Justice Linder expressed her gratitude the only woman in the courtroom and sion and the community. Nicole began at receiving an award in honor of Justice seeing Betty on the bench, giving her her remarks by stating, “We all have Betty Roberts, someone who offered a sense of legitimacy in the courtroom. something in common, every one of us in Justice Linder guidance and support Justice Linder showed photos marking various milestones for women on the bench in Oregon, and noted that Betty EXPECT EXCELLENCE played an instrumental role in helping reach those milestones. She stated that Betty’s most lasting legacy is the women who followed her onto the bench, and that she never stopped being the torch- bearer, and lighting the way for others. “This is a particularly poignant year to be receiving this award,” Justice Linder said. “This is the 20th annual awards din- ner for OWLS, the 20th Roberts Award, but as we all know, this is also year one—it is our first year without Betty. Without Betty here to coach us forward and cheer us on. But Betty’s legacy is all around us . . . she changed the face of Oregon’s judiciary . . . . by helping found OWLS, she helped change the face of the entire Oregon bar. We are not without Betty any time we gather together.” Justice OUR FIRM IS PEER REVIEW Linder closed by encouraging us to keep RATED AV® PREEMINENT™ passing the flame: “Betty wouldn’t want Exclusively Divorce and Family Law BY MARTINDALE-HUBBELL it any other way.” The new venue and inspiring award recipients provided a memorable cel- ebration of the 20th anniversary of the Justice Betty Roberts and Judge Mercedes Deiz Awards. 503.487.1645 | PORTLAND . SEATTLE . TACOMA | McKINLEYIRVIN.COM Rose Alappat is an associate in the busi- ness group at Perkins Coie in Portland.
OREGON WOMEN LAWYERS AdvanceSheet 4 SPRING 2012 A special thanks to our Moves on Oregon’s Appellate Courts 20th annual Roberts- By Susan Evans Grabe Deiz Dinner sponsors he May 15 primary will feature elections of significance to the justice system. Title Sponsor: Stoel Rives T Chief Justice Paul De Muniz decided not to run for another term; he is stepping down as chief justice in May 2012, but will serve on the court until his term expires Platinum Sponsors in January 2013. Justice Thomas A. Balmer, who has served on the Oregon Supreme Trudy Allen & Bob Varitz Court since 2001, was selected by his fellow justices to become the next chief justice Davis Wright Tremaine of the Oregon Supreme Court. Chief Judge David Brewer is the unopposed candidate Folawn Alterman & Richardson for the seat vacated by Chief Justice De Muniz on the Supreme Court. Markowitz, Herbold, Glade Justice Robert Durham has also announced that he will retire in January 2013, at & Mehlhaf the end of his term. Three candidates, all OWLS members, are running for his seat: Miller Nash Multnomah County Circuit Court Judge Richard Baldwin; Nena Cook, of Sussman Paulson Coletti Trial Attorneys Shank; and Oregon Court of Appeals Judge Timothy J. Sercombe. Perkins Coie With Court of Appeals Chief Judge David Brewer running for a seat on the Su- Schwabe, Williamson & Wyatt preme Court, the court has announced that the chief justice will appoint Judge Rick T. Haselton as the new chief judge of the Court of Appeals. Three candidates are Gold Sponsors running for the Court of Appeals seat vacated by Chief Judge David Brewer. Cosgrave Vergeer Kester If a candidate in these nonpartisan elections receives over 50% of the votes in the Garvey Schubert Barer primary, that person wins the seat. If no one receives a majority, a run-off election Green & Markley will be held in November between the first- and second-place finishers. Harrang Long Gary Rudnick Susan Evans Grabe is the public affairs director at the Oregon State Bar. Tonkon Torp Silver Sponsors Most people who renewed or joined OWLS at an enhanced level were listed Beth Allen Law in the last issue. Our thanks also to these additional members: Gaydos, Churnside & Balthrop $200 or more $125–$199 Johnson, Johnson, Larson Julie Levie Caron Nena Cook Pamela Knowles & Schaller Sara L. Gabin Jenny Cooke Linda J. Larkin Williams Love O’Leary & Powers Stacy Rutledge Timothy Volpert Betty Roberts Tribute Hon. Jill Tanner Video Sponsor Synergy Legal
Many thanks also to our volunteer “A Portland lawyer photographer, Jodee Jackson, and called me at to outgoing Roberts-Deiz commit- 4:12 pm and asked tee co-chairs Amber Hollister and Stephanie Corey. if I could get him a reporter that OWLS Foundation Auction afternoon and n March 9, as part of the OWLS again the next day. Oawards dinner, the Oregon Women The location was We offer the same services as the other top Lawyers Foundation once again hosted aboard a Greek Portland reporting firms. We deliver the its annual auction, raising approximately same high quality product. The difference is $10,000. The live auction, which took place ship which could our personal commitment to superior service. during dinner, generated competitive only be reached bidding due to the splendid performance Our reporter and a Greek interpreter were of the auctioneer, JillMarie Wiles, and by a short ride on board until 2:00 am and back later that day. her on-site assistant, Emily Christensen, in a small boat a Lewis & Clark law student and OWLS Our client was impressed, of course. and a long climb Foundation Armonica Grant recipient. If you want service, call Teach. 503.248.1003 Top donors and bidders included up a rope ladder. It’s all about service. Folawn Alterman & Richardson, Bullard There was only Smith Jernstedt Wilson, Trudy Allen, Ken- dra Matthews, Sarah Matthews, OWLS one thing to say. chapters across the state, and many local restaurants and vendors. The Foundation “Of course.” sincerely thanks all donors and bidders for 1500 SW First Avenue, Portland, OR 97201 supporting its mission to promote access —Catherine Teach 503.248.1003 or 800.230.3302 to justice for women and minorities.
OREGON WOMEN LAWYERS AdvanceSheet 5 SPRING 2012 Candidates for Supreme Court Answer Questions hree OWLS members are running Judge Richard w o r k i n g for position 3 on the Oregon for posi- T Supreme Court, the seat from Baldwin Responds tive change which Justice Robert Durham will retire within their in January. Several weeks ago, OWLS sent 1. Our biggest challenge is on the spheres of five questions to the three candidates, criminal side: How can we effectively influence. Judge Richard Baldwin, Nena Cook, and do our part to decrease recidivism and While the Judge Timothy J. Sercombe. The questions avoid harm to victims of crime when responsi- and their responses are printed here. alcohol and drug addiction contribute bility for You’ll find more information about the so substantially to criminal conduct? c h a n g e candidates on their websites. Ballots for Funding for treatment programs for rests on all the primary election are due May 15. offenders is neither included in court of us, our budgets nor adequately provided for in S u p r e m e OWLS’ Questions our communities. The enormous demands Court, OSB, on our court system attributable to the MBA, law 1. What do you believe is the biggest Judge Richard Baldwin unmet need for treatment by criminal firms, etc. challenge facing the court system, offenders not only compromise public must con- other than budget issues? safety—they compromise the ability of tinue to assume leadership roles. I have 2. Do you have any ideas for improving our courts to provide public service on seen significant improvement by our the systems or administration of justice the civil side. courts in the hiring of women and mi- at the Supreme Court? 2. I have substantial experience with nority law clerks and the adoption of 3. What effects do you see as flowing strategic planning and with innovative mentorship programs encouraged by from the decision in State v. Rodriguez, projects. I chaired our Judicial Outreach the bar and Chief Justice. Recently, our holding that a Measure 11 mandatory- Committee and the Jury Orientation Supreme Court Justices sent an important minimum sentence was a cruel and Committee, and served on the Presiding message by participating in the Equality unusual punishment? Judges Advisory Committee. I also helped Convocation in Portland. 4. What ways do you believe the Supreme to create a drug treatment court and our As an Associate Justice, I would sug- Court as an institution could work to mental health court. On the Supreme gest a joint initiative with our Court, the increase the promotion and retention Court, I would assume a strong leadership OSB and law firms to focus attention on of women and minority law students role with respect to court and bar initia- these promotion and retention issues. and lawyers in Oregon? tives such as pro bono, professionalism, This could include a voluntary reporting 5. What diversity would you add to the access to justice and other improvements project for law firms to create reliable Supreme Court? as approved by the Chief Justice. information on how law firms are doing 3. State v. Rodriguez/Buck held that on these issues on an ongoing basis with the imposition of a mandatory Measure recognition of law firms when successful. Dragonflies Ready 11 sentence of 75 months was exces- From 1998 to 2002, I served as chair of he OWLS Dragonflies practiced sive and violated the proportionality OJD’s Access to Justice for All Commit- Tthrough the winter to prepare requirements of Art. 1, section 16 of the tee. When resources permit, I anticipate a large class of new paddlers for Oregon Constitution as applied to the this committee will become operational what promises to be an exciting race facts of those cases. The cases involved again to focus attention on access and season. The team will race this year isolated incidents of sexual touching of inclusion issues. in the Portland Rose Festival Dragon juveniles by adults when the individuals 5. I believe my unique experience, Boat Race, held on June 9 and 10, involved were clothed, with no evidence interests and talents would broaden and and the Portland Dragon Boat Race, of physical injury or harm. These cases strengthen our Court. First, I come from held on September 8 and 9. clearly presented a very close call on a relatively low economic background. I The balance of the 2012 race where to draw the line between the limits understand how poverty and inequality season will be spent paddling in of legislative power and the protective impair the ability of individuals to thrive Tacoma and Kent, Washington, on principle of proportionality of sanctions in our communities. My extensive work May 12 and July 14, respectively, under Art. 1, section 16. My impression is with legal services programs has served and at the annual Dragon Boat that the reach of Rodriguez/Buck, a 4–3 to deepen that understanding. Second, Festival in Victoria, BC, on August split, would appear to be limited based our Supreme Court does not include a 18 and 19. on the unique factual circumstances sitting Justice with prior experience as a Both Portland races take place presented and the legislature’s author- trial judge. My 25 years of trial experi- at Tom McCall Waterfront Park, ity generally to determine appropriate ence as a judge and trial attorney would and cheering spectators are always criminal sanctions. Of course, the legis- bring a valuable perspective to the Court. appreciated. lature may choose to modify our criminal Third, I have passionately worked for a For information about sponsor- laws to lessen the severity of sanctions more inclusive legal profession and to ship opportunities, please contact in such cases. increase access to justice throughout my sponsorships@owlsdragonflies.org. 4. The institutional changes we de- legal career and I will continue to do so Go ‘Flies! sire will result from lawyers and judges as an Associate Justice. ✦
OREGON WOMEN LAWYERS AdvanceSheet 6 SPRING 2012 Nena Cook Responds First, the Judge Timothy J. j u d i c i a l 1. The implementation of its strategic branch of Sercombe Responds plan is the biggest challenge facing the our gov- court system. We must never lose sight of e r n m e n t 1. Our state the fact that the court system serves the must re- needs to people of Oregon and that timely dispute flect the complete resolution through a well-managed sys- rich diver- the Ore- tem makes a difference in people’s lives. sity of the gon eCourt Effective management is not solely tied people of p r o j e c t to the budget, but rather takes commit- O r e g o n . (web portal ment, attention to detail, and an effective Otherwise, access to use of resources. it runs the any court 2. We need to continue the imple- risk of los- for filing, mentation of Oregon’s eCourt so that i n g t h e informa- Nena Cook Oregonians have access to this 24-hour p u b l i c ’ s tion and courthouse. When it is fully implemented, trust and confidence. I believe our state’s s e r v i c e s , eCourt will cut down dramatically on the highest court should be comprised of payments, court doc- use, filing and storage of paper records justices of different genders and from Judge Timothy J. Sercombe while increasing access to the system for different backgrounds, both profession- u m e n t s judges, attorneys, and Oregonians using ally and personally. and case the system. Oregon eCourt improves Second, the Court should continue records; web-based services including both access to justice and administration and strengthen its outreach to the bar’s multi-lingual guides, court forms, and of justice, both key components of the specialty groups and law schools. When self-help centers; video technology; justice system’s mission and values. lawyers and law students see what the standardized business practices). 3. In Rodriguez, the Supreme Court Court does and how it functions, they Oregon eCourt is the only way for the applied a three-part test to determine feel more connected to our Oregon legal judicial branch to effectively operate with that a Measure 11 sentence was not community. In addition, when individual less funding. It is also critical for ensur- proportionate to the crime. The Rodri- justices mentor young lawyers or speak ing access to justice for self-represented guez court held that the criminal penalty at the law schools, they can guide and parties and the disadvantaged. Oregon imposed by the lower court violated encourage them to find their voice and eCourt will facilitate better case man- Article I, Section 16 because the penalty their place in our profession. agement, judicial administration, and was unconstitutionally disproportionate 5. Not only would I bring a broad set public accountability, and will improve to the offense. of legal experiences to the Court, but I the fairness and timeliness of the justice I believe district attorneys will con- also would bring a different perspective system. tinue to prosecute appropriate cases as to the Court. I have extensive civil law trial 2. It would be presumptuous for me Measure 11 offenses, but as a result of experience with my more than 20 years to advocate for specific reforms prior to this decision, courts, prosecutors and in private practice and criminal law ex- becoming a member of the Court and defense attorneys will now by guided by perience through working in the Marion collaborating about these issues with my the three-part Rodriguez test. This deci- County District Attorney’s Office. I bring colleagues. Some areas that are worthy sion may lead to legislative changes in substantial appellate experience in that of study include: use of a three-judge Measure 11 that could give judges more I have had cases in the Oregon Court of panel to consider various matters (e.g., discretion in sentencing of all second Appeals, the Oregon Supreme Court and screening petitions for review, deciding degree Measure 11 offenses and non- the Ninth Circuit Court of Appeals. Since ballot title cases, or deciding certain mo- forcible first degree sexual abuse cases. 2007, I have gained judicial experience tions) with the opportunity of full Court 4. When I was president of the Oregon serving as a pro tem judge. review of those decisions; regulating the State Bar in 2005, we established the In addition, just two of the seven format and marking of electronically filed OSB Leadership College in an effort to justices on the court are women, and as briefs to assist the reader; coordination encourage participation and increase a gay woman, I believe my perspective with the Court of Appeals on designat- opportunities in the bar for women would add value to the Court. I come ing lead cases on remands; allowing a and lawyers of color. The college was from very humble beginnings that left greater number of cases to be considered instrumental in increasing the number of a profound and deeply felt apprecia- at conference; more video recording and women and lawyers of color who were tion for how access to justice can make broadcasts of oral arguments; and more appointed to committees, recognized a difference in the lives of children as it court sessions in the high schools. with OSB-sponsored awards, and selected did in my life. I am also interested in evaluating the as authors for OSB publications. I would bring to the bench my ap- merits of regular performance evalu- The Oregon Supreme Court can con- preciation for the value of all people, a ations (on a court-wide basis and not tinue the work of the Leadership College commitment to diversity and passion for of individual judges) of both appellate in at least two ways. the rule of law. ✦ courts and the bench in each of the
Continued on page 9
OREGON WOMEN LAWYERS AdvanceSheet 7 SPRING 2012 Candidates for Attorney General Answer Questions
wo candidates are running for Oregon attorney general, both Dwight Holton Responds T Democrats and OWLS members: 1. Three priorities: I will fight to expand has offices Dwight Holton and Ellen Rosenblum. the Oregon Department of Justice’s new statewide, Because no Republican is running for civil rights program, which has already a l a r g e the position, the winner of the May done important work standing up for a t t o r n e y Democratic primary will be Oregon’s next minorities and vulnerable Oregonians. workforce attorney general. Second, I will be a tireless advocate for and a mul- In February, OWLS sent the candidates diversity—both in the office and in the t i m i l l i o n several questions; those questions and community—because one of the most dollar bud- their responses are printed here. Ballots potent ways to end discrimination and get. I man- are due May 15. protect rights is to foster cross-cultural aged teams understanding. Third, I will vigorously o f f o l k s OWLS’ Questions defend reproductive rights and women’s handling 1. As attorney general, how will you access to health care—which are cur- m a n y o f ensure that the rights of minorities rently under siege nationally and here the same in Oregon. t y p e s o f and vulnerable Oregonians are re- Dwight Holton spected? I have a track record on these priorities. w o r k a s 2. As a lawyer, what professional experi- When I was US Attorney: the AG— ence had the biggest effect on you, s ) BUILT A CIVIL RIGHTS PROGRAM THAT including trial, appellate, criminal, civil and on your career? fought discriminatory landlords and and crime victims work. During my 15 3. The work of the Oregon Department predatory landlords, and last June, I years as a prosecutor, I led investigations of Justice involves many different areas launched an investigation into the use of on cases including murder, environmental of civil, administrative, and criminal force by Portland police officers. crimes, fraud, drug trafficking and child law in both Oregon and federal courts. s ) LED ON DIVERSITY BOTH IN THE OFlCE predators. How has your background and expe- and in the community. When I started, I have spent my entire legal career rience prepared you to oversee the we had one woman section chief in the fighting to hold powerful interests ac- legal work of the various divisions US Attorney’s Office—I appointed three countable to achieve justice—and that is (Trial, Appellate, Civil Enforcement, new women to this role, so when I left, the most important job of the Attorney Child Support, General Counsel, Crime four out of seven section chiefs were General and the Oregon DOJ. Victims, and Criminal Justice)? Have women. I have not represented an individual you ever represented an individual in s 7E LAUNCHED A SERIES OF EVENTSCO in litigation against the state; however, a claim against the state of Oregon or hosted with OWLS and others in the diver- as US Attorney I supervised a federal other governmental entity? sity and civil rights bar—to foster diversity civil rights investigation into the state’s 4. What are the most important legal and make sure the US Attorney’s Office mental health system. issues affecting Oregonians today? staff was working in the community with 4. The top priority for the Attorney 5. If elected, how do you plan to balance people from diverse backgrounds. General should be making communities your duties to the state and federal 2. As US Attorney, I learned the tre- safer and stronger. The key legal issues: governments with your duty to serve mendous capacity for statewide leaders protecting homeowners and consumers the people of Oregon? Do you foresee to bring people together to get things from bank, credit card, and insurance potential conflict in this realm? done. The case of an eleven-year-old fraud and abuse; making drug abuse named Scooter is a good example. Scooter treatment and prevention a priority— Josephine County News struggles with autism, and for years his because the best way to achieve public mom and dad had fought their local safety is by preventing crime in the first n February 29, the Josephine school system to get the school to let his place; enforcing civil rights and standing County chapter of OWLS and the O service dog go to class with him—and for up for vulnerable Oregonians; protecting Josephine County Bar sponsored a years, the school resisted. We were on the environment by holding environmen- photo shoot of all the attorneys in Jose- the verge of launching litigation—but tal criminals accountable. phine County. The photo was taken on it would have taken years that Scooter 5. The Oregon Attorney General works the front steps of the Josephine County couldn’t wait. So I sat down with the for the people of Oregon, and the job is to Courthouse. About 70 attorneys and school superintendent, and got them to enforce the law. As AG, I will work to use judges, both active and retired, were give the dog a try—the trial worked, and the law to protect Oregonians from crime, present—which is almost everyone in the dog now goes to school with Scooter, consumer rip-offs and other powerful the Josephine County Bar. and it’s had a life-changing impact for interests that look to take advantage of The last time a photo of all of the him. Leadership and an eye for problem middle class families. attorneys was taken was in 1975, and solving have endless potential in a job If an agency is in conflict with the inter- there are no women in the photo. In like Attorney General. ests of the people, it is the Attorney Gen- this year’s photo, approximately one 3. As US Attorney, I managed a large eral’s job to resolve that conflict—because quarter of the attorneys, and one of law practice which, like Oregon DOJ, the agencies work for the people. ✦ the four judges, are women.
OREGON WOMEN LAWYERS AdvanceSheet 8 SPRING 2012 Judge Sercombe, a Candidate for Supreme Ellen Rosenblum Responds Court, Responds 1. We need an AG who will stand up trial and continued from page 7 for the people and be an outspoken appellate judicial districts. The evaluations would voice on their behalf while ensuring the j u d g e , I be done by practitioners before those Oregon Department of Justice always p r e s i d e d courts. conducts itself according to the highest over cases 3. The opinion in State v. Rodriguez/ standards of professionalism and ethics, d e a l i n g Buck, 347 Or 46 (2009), concluded that acting as a model for the entire legal with every the sentences in those cases violated the profession. The AG should have a deep aspect of proportionality guarantee of Article I, understanding of and experience with our state section 16 of the Oregon Constitution. both criminal and civil state law and l a w s . I It is not appropriate for me to comment of the rights and needs of the diverse recognize on the future application of Rodriguez/ citizens of our state. With over 30 years the impor- Buck in future cases. Suffice it to say, the in Oregon’s legal community—as a small- tance of Court cautioned that a constitutional firm lawyer, a prosecutor, a trial and an our state violation would be found only in a “rare appellate judge—I am the candidate with courts to Ellen Rosenblum circumstance” and subsequent Court of that background. the lives Appeals cases have heeded that caution. I have spent my 36-year legal career of Orego- See, e.g., State v. Alwinger, 236 Or App advocating for and promoting diversity nians, because I have seen first-hand what 240 (2010), State v. Baker, 233 Or App and inclusion in the legal profession, a difference they can make. 536 (2010), and State v. Shaw, 233 Or and I will bring that experience to DOJ. 4. We need robust enforcement of our App 437 (2010). A DOJ that understands and reflects the criminal laws, child welfare laws, and 4. The Court should consider adoption populations it serves will do a better job consumer protection laws to ensure that of aspirational goals for hiring minorities of protecting the rights of all Oregonians. Oregonians are protected from preda- as staff members, externs, staff attorneys, I will also have a zero-tolerance policy tors and unscrupulous companies, but and law clerks. The Court should adopt for workplace harassment, and I will we can’t do that without functioning a strategic plan each year for outreach demand that DOJ treat its own employ- courts. We need successful, well-funded to minority communities, particularly in ees, litigants, and opposing counsel with schools, but we can’t do that without high schools in communities with large professionalism and respect. being willing to look at our public safety Hispanic populations and law schools. 2. I sought appointment to the trial system to determine whether we are us- That plan would include sittings in bench in part because of my commit- ing resources in a way that makes sense. the schools, invitations to students to ment to diversity on the bench. At We need to invest our scarce resources otherwise attend oral arguments and the time, there were very few women to ensure Oregonians are protected lunch with the justices, and goals and judges, and, although it was hard for from crime and exploitation while be- actions to establish mentoring relation- me to leave my work as a prosecutor, I ing provided with the opportunities and ships with the justices. Those programs felt compelled to try to change that. As services they need to succeed. We need could involve OHBA and other groups. an advocate for diversity and inclusion, I an AG who will help our state make The high school sittings would include know how important it is to have women tough choices about priorities based on discussions in classrooms before and after and minority attorneys represented in all evidence, and I have the experience to the arguments. aspects of our profession. I hope to have do that tough job. 5. I would bring some diversity of the opportunity to apply my breadth of 5. I see the AG as the lawyer for the experience in the important areas of experience to serving as Oregon’s first people, advocating for and protecting local government and land use law to woman AG. our children, seniors, and vulnerable the Court. I am partially disabled (no 3. I’ve both represented and opposed citizens. To do that, we need not only sight in one eye and limited vision in the the government, and I have experience to enforce our laws, we need to ensure other) and that experience has given me with every kind of case handled by DOJ. that our state agencies have the legal sensitivity to persons with vision or other I’ve been a federal prosecutor on cases advice and representation they need to disabilities. I am an inclusive person, and involving violent and financial crimes, do their jobs. To best serve the citizens would reach out to minorities and socio- including a case that resulted in both of Oregon, the AG must maintain excel- economically disadvantaged persons to criminal convictions and what were at lent relationships with its client agencies include them in the Court staffing and the time the largest civil penalties in our and other governmental entities. I am processes. ✦ nation’s history. I’m proud of my federal an experienced consensus builder, and I service, but I know Oregon’s courts inside understand that we rise and fall together. and out. As a small-firm lawyer in Eugene, That experience and understanding has I served as a court-appointed attorney for prepared me to navigate the different criminal defendants and at-risk children aspects of serving as Oregon Attorney and families, and I represented individu- General, and I hope you will support my VOTE! als and small businesses. As an Oregon candidacy. ✦
OREGON WOMEN LAWYERS AdvanceSheet 9 SPRING 2012 Courts Honor Justice Betty Roberts Leadership Forum By Justice Virginia Linder By Talia Stoessel n February 16, the Oregon Su- Brewer welcomed the packed courtroom he OWLS Leadership Forum pre- preme Court and the Oregon of family, friends, officials, and colleagues sented a session about dealing Court of Appeals held a Memo- who attended. Dian Odell, Betty’s eldest Twith stress on January 26 and a O session about marketing on February 23. rial Tribute to honor Betty Roberts, the daughter, followed as a first speaker, with first woman to serve on both courts. a powerful narrative of Betty’s life—from Both events were held in Portland. Just as Betty’s appointments to those her childhood during the Great Depres- courts broke convention, so too did the sion, through law school, into politics, tribute. and onto the bench. When the tribute began, the robed Marjorie Speirs, who clerked for Betty, judges who entered to take the bench talked about what made Betty “exactly were not the current members of the the right woman” to be the first woman two courts. Instead, they were nine of the on the two courts and about Betty’s influ- ten women judges who have followed ence on those fortunate enough to work Betty on to the appellate courts. Seated with her. Several women judges spoke Jaya Krupp (left) and Talia Stoessel in front of the bench, facing the audi- (former Chief Judge Mary Deits, Circuit Jaya Krupp, a certified personal trainer, ence, were 26 current and former women Court Judge Merri Souther Wyatt, Judge led the “Kick Stress!” workshop, hosted state trial court judges, also robed for the Darleen Ortega, and I), describing the by Harrang Long Gary Rudnick. The ceremony. As the artist commissioned to ways that Betty broke judicial barriers group participated in light stretching and create Betty’s portrait (Lynda Lanker) later and then, through tireless personal ef- intentional breathing and discussed the said, “Seeing that bench full of women fort, encouragement, and hands-on help, daily demands that often keep us from judges, and rows more seated in front, made sure other women followed. our fitness and health goals. Participants was just so very powerful a statement, For those at the tribute, the spirit of shared creative strategies for striking a before a word was ever spoken.” And so celebration was tangible and the hour- healthy balance and reigniting passion for the tribute began: with a visual celebra- long ceremony sped by quickly. You can favorite stress-relieving activities. tion of Betty’s most lasting legacy—the experience some of that spirit by replay- The message that seemed to resonate diversity of Oregon’s bench. ing the webcast of the event (at http:// most was that making time to participate Justice Martha Walters presided. Both courts.oregon.gov/Supreme/). in stress-reducing activities that promote Chief Justice De Muniz and Chief Judge Plan to join us next year to celebrate fitness and health is not selfish in a nega- Betty’s 90th birthday (February 2013) with tive way but actually helps us reach our the installation of her portrait in the Su- highest potential, which in turn has a preme Court building. Look for an article positive impact on every aspect of our in the next newsletter about the portrait lives. and the artist who will create it. Markowitz, Herbold, Glade & Mehlhaf Justice Virginia Linder sits on the Oregon (MHGM) hosted the presentation titled Supreme Court and is this year’s recipient “Marketing Tips for New and Solo Prac- of the Justice Betty Roberts Award. titioners and Contract Attorneys.” Karie Trujillo, director of marketing and client relations at MHGM, and Marjory Morford, Queen’s Bench Mixer marketing director at Dunn Carney Allen By Julie Lohuis Higgins & Tongue, tailored a lively and Queen’s Bench and the Lewis & Clark informative presentation to the interests Women’s Law Caucus held their an- of those attending. nual mixer on February 29, this time Karie and Marjory discussed their top- at the Portland offices of Stoel Rives, ten tips, including how to set attainable which generously hosted the event. goals, build effective mentor relation- Nena Cook, president of the Or- ships, develop an industry niche, maintain egon State Bar in 2005 and a partner organized contact lists, improve network- at Sussman Shank, spoke to the audi- ing skills, reward referrals, and continue Creative Approaches to ence about professionalism and why one’s personal education. They also Complex Problems it is so important, especially early in discussed creating and updating a profes- Mediated Over 1,500 Cases one’s career. She explained to the sional online presence through a variety law students that what they do now of social media. Lastly, they emphasized to build their reputation for profes- the importance of celebrating minor and sionalism matters. major accomplishments in order to keep Thanks to all who helped make this the joy alive in what we do. annual event a success. Talia Stoessel currently works as a tempo- 503-222-5949 www.Susan-Hammer.com Julie Lohuis is a partner at Yazzolino rary attorney/law clerk with the Office of & Lohuis in Portland. Metro Attorney in Portland while seeking permanent legal employment.
OREGON WOMEN LAWYERS AdvanceSheet 10 SPRING 2012 regon’s first annual legislative court interpreter expenses. In addition, session in an even-numbered year the legislature included a $1.1 million Obegan February 1 and was slated appropriation to the Emergency Board to run no more than 35 days—and it felt for court operations; the court will likely more like a sprint from beginning to appear before the E-Board in May with a end, rather than a run. It ended March 5, request for use of those funds. one day short of the constitutional limit In addition, the legislature: approved by voters in 2010. The session s !UTHORIZED SPECIALTY COURTS TO SPEND began with an evenly divided House and $1.7 million in grants, which will offset a shared-power arrangement with Co- some impact of general-fund reductions. By Susan Evans Grabe speakers Bruce Hanna and Arnie Roblan; s !UTHORIZED -ULTNOMAH #OUNTY TO USE the Senate was split, with 16 Democrats constitutionally required to resolve cases certain funds to buy furniture and equip- and 14 Republicans. Oregon lawmakers completely and without delay, but they ment for the East County Courthouse. provided mortgage-foreclosure pro- have no mechanism by which to regulate s !UTHORIZED MILLION IN BONDING tection for homeowners, enacted the the number and complexity of the cases authority for Oregon eCourt, in addition governor’s healthcare transformation presented for resolution. In addition, a to the $6 million authorized in the 2011 and early childhood education priorities, substantial part of the branch budget— session, and appropriated $2.9 million for and rebalanced the state budget, after judicial salaries—cannot constitutionally debt service from the general fund. The facing an additional $35 million shortfall, be reduced. Legislators seem to have Oregon eCourt project thus emerges from which they addressed by reducing the heard the lawyers, judges, and business- the 2012 session very much intact and ending balance. people who talked with them about the on track to roll out as planned. Yamhill At the end of the 2011 legislative importance of the judicial branch as a County Circuit Court will be the first to session, the legislature balanced the core function of government. implement the comprehensive Oregon 2011–2013 budget based on 2011 revenue The bill that rebalances the state’s eCourt system, in June 2012, followed forecasts. At that time, the legislature budget for 2011–13 also appropriates by Jefferson/Crook, Jackson, and then held back 3.5% of most executive agency additional general-fund dollars to the Multnomah Counties. budgets, as well as the same portion of Judicial Department, partially offsetting Information on how you can advocate the judicial branch budget, as a hedge the $11.5 million reduction made to the for adequate funding for Oregon’s courts against further deterioration in the state’s department’s budget at the end of the is available at http://courtfunding.home- fiscal condition. This request was made 2011 session. The additional appropria- stead.com/Court-Funding.html. with the knowledge that we would be tion covers mandated expenses including Susan Evans Grabe is the public affairs returning to the Capitol in 2012 to reas- judicial salaries, juror payments, and director at the Oregon State Bar. sess the 2011–2013 budget. Although the judicial branch did not get all of its 3.5% (or, $11.5 million), it did get some relief, in large part due to the Um... leadership of lawyer legislators. Ways and Means Committee co-chair Dennis Rich- What you’re ardson was instrumental in orchestrating funding for the courts, with considerable effort from Rep. Wally Hicks, who played a key role on the Public Safety Subcom- mittee of Ways and Means, as well as doing Representatives Chris Garrett and Matt Wand on the House Judiciary Committee right there and Senator Floyd Prozanski, chair of the Senate Judiciary Committee. Don’t do that.? Their efforts were buttressed by the work of the Coalition for Stable Court Funding, a coalition of legal groups, busi- Nonverbal strategies nesses, and business associations working for the office and courtroom. together with the bar and the judicial branch to oppose any further reductions to the judicial branch budget for 2011–13. Coalition members worked to persuade legislators that the courts should get the 3.5% and not be subject to any further cuts, contending that the judicial branch What’s your nonverbal volume? is a core function of government that Turn it up with FORTE. businesses rely on for the prompt resolu- tion of disputes, families rely on to work www.nonverbalFORTE.com 503.522.8038 out difficult issues, and the public relies on for maintaining safety. The courts are
OREGON WOMEN LAWYERS AdvanceSheet 11 SPRING 2012 Meet Circuit Court Judge Judith H. Matarazzo By Mary Anne Anderson
udith H. Matarazzo started her work- realization that she wanted to consider also sees peo- ing life at the age of 12 cleaning a vocation as a judge. ple who are Jovens in a university kitchen. Fast Spurred on by visits to see her parents committed to forward a few decades, and she now in Oregon, Judge Matarazzo decided real change finds herself a Multnomah County Circuit to attend law school; she obtained her in their lives Court judge, elected five years ago amid JD from Willamette in 1984. She then despite hard- a slate of nine other lawyers in a bid to entered private practice, where she re- ships suffered fill the position vacated by the death of mained until her election to the bench. from an early Judge Clifford Freeman. Although that She enjoyed those years, when the bar age, and she election was a process she “would prefer was small and practicing law was like knows that a not to repeat,” she loves her work and being part of a large family, and more kind word can finds inspiration from many of the people seasoned lawyers helped those new to go a long way. Judge Judith Matarazzo who appear before her. As she explains the practice. She recounts it, “There are those who take the heart Her advice: “The practice of law is more the story of one young man who ap- out of you and there are people who put enjoyable when you practice with people peared before her in the DUII Intensive it back. On the bench I experience both you can trust. Be that person! Listen, Supervision Program. Sober for a year, almost daily.” listen, and listen some more. And finally, he became emotional when she told Judge Matarazzo’s life story is one admit what you don’t know.” him, “Good job.” She assumed he was filled with change. Change in location The mother of a Willamette University emotional because he had not been sober of family residences—born in Nashville, freshman, Judge Matarazzo is dedicated for that length of time since his tenth Tennessee, her “large southern family,” to children’s issues. Although she has birthday, but he told her it was because including her three sisters, had lived in never practiced family or juvenile law, that was the first time in his life he could four different cities by her tenth birth- she spent several years on the Oregon remember anyone complimenting him day. Change in college majors—she went Commission for Children and Families, on anything. from art history to philosophy to political and she now sees firsthand what happens Judge Matarazzo enjoys presiding over science, and finally earned a bachelor’s when early child care and education are trials and loves to hear the input of jurors. degree in history and political science at neglected. She sits on the board of Child She finds herself learning something Hamline University in St. Paul, Minnesota. Care Aware, a national organization new every day and only wishes she had Change in outlook inspired by a change that advocates for affordable, quality more time to prepare. One of the things in health—with a lengthy recovery from child care. she loves about her job is being able to a bout with cancer in 2001 came the On the bench, Judge Matarazzo help people understand “the meaning of choices,” noting that her experience as a judge has shown her that committing to real change is a difficult process that is at times painful to watch. Nonetheless, she encourages others to be open to new experiences: “Life is short and we can’t take ourselves too seriously. We will make mistakes, and failures are a part of life, but don’t be afraid to try Carr Butterfield, LLC is pleased to announce our move to a newly renovated office space effective April 1, 2012: something different.” In short, embrace change. Judge Matarazzo and the com- 5285 Meadows Rd, Suite 199 munity she serves have benefitted from Lake Oswego OR 97035 Phone: 503.635.5244 Fax: 503.635.2955 this philosophy, and we thank her for her www.carrbutterfield.com years of service. Mary Anne Anderson is a judicial cham- We will continue our specialized practice and individualized legal services in the following areas: bers staff attorney at the US District Court for the District of Oregon. Representation of registered investment advisors, broker dealers, registered representatives, and financial planners in all facets of licensing, arbitration, litigation and regulatory filings/proceedings Securities and commercial litigation services, including employment litigation and intellectual property disputes OWLS congratulates CGL and E&O insurance defense/coverage Judge Lynn Nakamoto Litigation avoidance and employment law best practices/exit strategy counseling Corporate formation, practice succession and transactional services on her receipt of the Owen John T. Carr – Shareholder M. Panner Professionalism Lisanne M. Butterfield – Shareholder Amy J. Barber – Associate Award, presented last month Alison M. Brown – Associate by the OSB Litigation Section.
OREGON WOMEN LAWYERS AdvanceSheet 12 SPRING 2012 Reimagining Equality: Stories of Gender, Race, and Finding Home By Anita Hill (Beacon Press, 2011, 185 pages) Book Review by Teresa Statler
n this slim volume, Anita Hill packs in neighbors, who also vandalized their addressing the disparities in women’s memoir, American history, and current home. He pursued his fight for housing income” as well as other gender-based Ieconomic events to tell the important equality all the way to the US Supreme social problems. The recent housing crisis story of the plight of women of the past Court, where he won his case. Hill tells us is, in Hill’s opinion, a “catastrophe whose and present. Reimagining Equality is, in that Hansberry v. Lee led to a landmark roots are deeper than the recent housing short, “a book about home,” as Hill states decision, Shelley v. Kramer, that allowed market meltdown.” She believes that the in her introduction. She believes that blacks to challenge the racial restraints housing crisis should make all Americans “nothing better represents the twisted covering Chicago’s neighborhoods. That “examine our fundamental understand- path to racial and gender equality in case, in turn, ushered in an era of civil ing of what it takes to make sure people America than the search for home as a rights litigation in the United States. are able to enjoy home as both a place place of refuge, financial security and Hill also tells the stories of less famous and a state of being.” expression.” Hill uses the importance of women whose housing struggles mirrored Hill’s book is written in a professorial, “home” to remember friends and family those of others like them in cities such as but friendly style. She starts each chapter who helped her become the woman she is Los Angeles and Baltimore. She gives a with a dictionary or other reference- today, and to tell the stories of other black sobering, but fascinating account of the book definition of “home” that allows women whose homes (and thus lives) are predatory lending practices of banks such the reader to reflect on its meaning to “in crisis,” due to gender inequality, rac- as Wells Fargo, and the resulting lawsuits her, and to the book’s subjects. Although ism, and the recent economic meltdown brought by states and cities against the chapters and subjects Hill addresses and sub-prime lending debacle. them. These practices were, Hill reports, are really only loosely connected by the Hill, a professor at Brandeis Univer- targeted toward blacks, and more spe- concept of “home,” this is nevertheless sity, begins the book by describing her cifically, toward black women living in an important and very readable book by experience leaving home in Lone Tree, historically black neighborhoods. one of America’s leading lights on the Oklahoma, for college, and then later “As a country,” Hill writes, “we cannot issues of race and gender equality. for law school at Yale. She was inspired continue to urge home ownership as a Teresa Statler practices immigration law by a teacher, Miss Young, who “made path to citizenship and equality without in Portland. her living with her mind,” not by manual labor. Miss Young lent the young Anita Hill her set of “well traveled” matching luggage as she left for college. These reminiscences led Hill to think about the journeys made by her grand- parents and other forebears to find home and to escape the violence and racism of the Jim Crow south in Arkansas, where they had been living. Hill wanted to find out not only where they lived, but how they lived. She describes a grandfather’s near lynching, and others’ desire to leave for Liberia, “the only place on earth where [blacks] have equal rights,” ac- cording to one historian. Hill reports that “despite the restrictions of their social and civil possibilities, African Americans still sought to establish homes—places in their communities for themselves and their families—and black women were at the forefront of that effort.” After telling her family’s story, Hill discusses Lorraine Hansberry’s. Hansberry, author of the play A Raisin in the Sun, was the daughter of a man determined to change Chicago’s unwritten housing restrictions (by race) in the 1930s. Carl Hansberry bought a home from a white seller, desperate to sell to any buyer, only to have his family terrorized by white
OREGON WOMEN LAWYERS AdvanceSheet 13 SPRING 2012 True Professionalism: THE JUDGES’ FORUM to close their eyes to incivility that they don’t feel able to address. They want to Breaking the Cycle believe that the world is safe and that there are good explanations for the bad of Incivility things that happen. They want to believe that the institutions with which they are e often talk as though it is associated function in the best way pos- only those new to the pro- sible. That’s understandable. Witnessing Wfession who need lessons in By Judge Darleen Ortega incivility when you are not in a position “professionalism”—that is, the highest Oregon Court of Appeals to rectify it is incredibly frustrating and standards of conduct and civility. But my uncomfortable, and it becomes very own observation—from my own experi- but to see more courageous women and tempting to excuse what you are seeing ences as a new lawyer and from listening minorities in positions of influence who in order to avoid that discomfort. to the stories of new lawyers over the remember what it is like to be mistreated The problem is that inwardly excusing years—is that new lawyers frequently and overlooked and misunderstood—and incivility becomes practice for outwardly experience incivility at the hands of more are ready to work hard to alter persistent perpetuating it. If one does that enough, senior lawyers. They are often given poor patterns of incivility. one loses the ability to see incivility—and instruction or thrust into situations in What can we do to bring this about? the risk increases that one will become which they feel set up to fail. Billable An important tool I have learned to use part of perpetuating it. hour expectations are problematic or is to “go to school” on the things that The path to true professionalism—and unreasonable. Mistakes are greeted with happen around me that I can’t fix. One the way we can ensure that we ourselves unkindness or even intolerance. of the first times I used that tool was will not turn into people who perpetu- What especially troubles me is that when I had been a lawyer for about seven ate or excuse incivility—is to cultivate in women and minority lawyers, who must years. I was at a hiring meeting, and I ourselves a willingness to keep our eyes have encountered some of the same barri- thought the process was quite unfair to open to the ways in which our systems are ers I did, aren’t necessarily safe people to a particular minority candidate. I tried my broken. The desire to defend our systems go to for support. One of my own worst hardest to advocate for the candidate, and excuse their imperfections comes supervisors when I was new to practice but it became clear that the group was from an unwillingness to look at things was a woman lawyer who used to scream stuck and was looking at things in a we don’t know how to fix. Our challenge obscenities at me. Even people who are way that I could not affect. As I felt my is to keep our eyes open and, especially, not actively uncivil will often excuse or frustration rising at what I perceived to to keep listening and paying attention explain away incivility. be an injustice, I felt an inward nudge to to the experiences of those who come Most disappointingly, as I’ve gotten listen, and be present, even though there after us and, when they tell us they are older, I have found that some of my seemed nothing more I could do. In fact, struggling, to avoid the temptation to colleagues have become apologists for it was as though a voice was telling me: excuse what they are experiencing. a system in which they themselves, as Stay present. It’s important that you are When we hear ourselves telling them new lawyers, experienced exclusion and here. I was filled with a sense of certainty they must change or they should have mistreatment. How can this be? Perhaps that listening and being present was my expected the treatment they received, they are so relieved to be “on the inside” work that day. I became convinced that rather than listening to their experience that they are ready to forget how it felt to something significant happens when and acknowledging its complexity, a little be an outsider, or too quick to conclude we keep our eyes open to things that alarm bell should go off in our heads: Am that everything that happened to them are not ideal. I missing an opportunity here? Do I need actually made sense. This is hard work! It would have been to listen and risk being uncomfortable? I’ve thought about this a lot and have easier to find a way to justify what was Am I willing to hear a problem for which wondered why otherwise good people happening. But I have come to believe I don’t have the answer? perpetuate systems that function in that bearing witness in this way is es- It’s that listening—that willingness to destructive ways. We must find a way sential to true professionalism. Perhaps bear witness to incivility, to continually to break the cycle—and it is particularly our disappointment feeds our desire leave room for the possibility that our important for organizations like 0WLS to to bring about something different. institutions still have some changing to lead the way. We will fall far short of our Sometimes we can learn things about do—that will help us to demonstrate purpose as an organization supporting what keeps our systems stuck. It’s like real professionalism and to be agents of women and minority lawyers—groups trying to untangle a particularly thorny change in institutions that badly need that have been underrepresented in knot—there is no substitute for the time it. We ought always to be engaged in the profession and whose members it takes to examine the tangle and work a process of listening and struggling to have frequently encountered barriers it bit by bit. However it works, this much make sense of how people experience our to succeeding in law practice—if we I know: the most effective people retain workplaces and our courtrooms. Let’s live settle for simply placing more women the ability to be truly attentive to incivil- as though that is the important reason and minorities in positions of influence ity that they do not currently have the we are placed where we are. Let’s work just because they are women or minori- power to remedy, rather than taking the to spend less time defending and excus- ties. Rather, we must move beyond team easier path of shutting their eyes. ing and even lauding what happens in identification to a more nuanced objec- Most incivility is perpetrated by people our profession and more time listening tive. My hope is to not simply see more of good will and good intentions. How is to those who are struggling to fit into it. women and minorities in the profession that possible? Because they have learned They have much to teach us.
OREGON WOMEN LAWYERS AdvanceSheet 14 SPRING 2012 MLLS Speakers Thank You, Heather and Sally Offer Insights he OWLS Board of Directors ex- a career in the judiciary. Those who met By Erin Dawson tends gratitude and good wishes Professor Anita Hill at OWLS’ 2011 Fall he Mary Leonard Law Society (MLLS), Tto two outgoing board members, CLE have Heather to thank for taking the Tthe OWLS chapter in Salem, has pre- President Heather Weigler and Sally lead on bringing her to Portland. sented a variety of lunchtime talks this Anderson-Hansell. Sally joined OWLS in 2000 and was year. On January 19, advertising expert Heather joined OWLS in 2006 at the instrumental in forming our Rebecca J. Mary Louise VanNatta of VanNatta Public encouragement of Hon. Ellen Rosenblum Bloom Chapter (serving Umatilla and Relations talked about why it’s important (then a judge on the Oregon Court of Morrow Counties) in 2005, along with to take control of your online presence Appeals) after moving to Oregon from Hon. Pat Sullivan (a magistrate at the US and how to do so. Washington, DC. She became involved District Court for the District of Oregon). with the Mary Leonard Law Society, Sally is part of a general civil-practice law OWLS’ Salem chapter, and before she firm in Hermiston that includes business, knew it, she was on the OWLS board, commercial, real estate, and estate plan- then the executive committee, and now ning and probate law. Practicing law in a is OWLS’ outgoing president. Heather rural setting, Sally has created a tight-knit is an assistant attorney general in the community of women lawyers who meet Charitable Activities Section of the Or- regularly to talk about their practices egon Department of Justice, in Portland. and their lives. Erin Dawson (left) and Jenny Foss Sometime between serving as OWLS Sally has chaired OWLS’ membership In February, speakers focused on find- president-elect and president, Heather committee for two years. With her third ing a work/life balance. Life coach Julie became a little girl’s mother. child on the way, she has handed that Muller, owner of the business Peace of A few years back, Heather created leadership role to others. Under Sally’s Mind, introduced purposeful living; Alice the Political Leadership Lecture Series to guidance, an OWLS phone-in brown bag Phalan, a restorative yoga instructor from provide opportunities to OWLS members series was created so that people around Indigo Wellness, demonstrated office- to learn from experts in their field about the state can participate in moderated appropriate yoga poses and meditative being part of the political process in Or- discussions. Check the OWLS website practices; and Jenny Foss, founder of the egon. She chaired the OWLS judicial work for details. Ladder Recruiting Group and JobJenny. group for two years, helping dozens of Thank you, Heather and Sally, for your com, discussed how to leverage social OWLS members around the state pursue many contributions. media sites to network and job search “outside the box.” The practical tips INCOME IS YOUR FOUNDATION. PROTECT IT. offered by each speaker left attendees with a range of new skills to cope with the constant tension between work and “everything else” in life. On March 13, MLLS hosted a panel discussion about women in leadership positions in the bar and community. Panelists Mitzi Naucler, president of the Oregon State Bar; Sue Castner, a national delegate for Vision 2020; and Michelle Vlach-Ing, co-chair of Salem Mayor Anna Peterson’s election and re-election campaigns, talked about their own leadership experiences. The Disability Income Insurance Everything in your financial plan rests on your income. Protect it with Disability panelists offered thoughts on pursuing for ABA Members Income (DI) insurance. Your ability to earn an income makes everything else possible. So, if you were to leadership opportunities and areas that become disabled and couldn’t work, what would you do? particularly need women in leadership The Disability Income plan made available through American Bar Insurance Plans roles to effect change. Consultants, Inc (ABI) can be the answer. If you are an ABA membership eligible The Mary Leonard Law Society’s attorney, you can purchase a high-quality, individually owned Disability Income annual spring charity event will take insurance policy with a 15 percent discount! place on May 11 and feature a Monte Michael L. Rich, CLU, ChFC Contact your Disability Income insurance representative. This Disability Income Oaktree Insurance insurance plan is only available to ABA membership eligible attorneys through ABI. Carlo Casino Night and silent auction 5335 Meadows Road, #101 Disability Income insurance is issued by Ameritas Life Insurance Corp. in approved states. In New York, Disability to benefit the Liberty House and the Lake Oswego, OR 97035 Income insurance is issued by Ameritas Life Insurance Corp. of New York. State variations may apply. This program Mid-Valley Women’s Crisis Service. For 503-635-3303 is not available in California. [email protected] The representative, ABI and ABA are not affiliates of Ameritas Life Insurance Corp. or Ameritas Life Insurance Corp. more information, please visit http:// www.oaktreeins.com of New York. This information is provided by Ameritas Life Insurance Corp. and Ameritas Life Insurance Corp. of New York, each a UNIFI® company. Ameritas Life Insurance Corp. is not licensed in the state of New York. Each company is maryleonardlawsociety.blogspot.com. solely responsible for its own financial condition and contractual obligations. For more information about UNIFI® We hope to see you there. Companies, visit UNIFIcompanies.com. UNIFI® is a registered service mark of UNIFI Mutual Holding Company. © 2012 UNIFI Mutual Holding Company Erin Dawson, a paralegal at the Oregon Tax Court, serves on the MLLS board. DI 1468 3/12
OREGON WOMEN LAWYERS AdvanceSheet 15 SPRING 2012 Oregon Women Lawyers PRSRT STD PO Box 40393 U.S. POSTAGE Portland, OR 97240 PAID PORTLAND, OR PERMIT #2346
Spring 2012 Printed on recycled paper
OWLS Leadership Forum: Effecting Change at the Local Level By Jona Maukonen n February 2, the OWLS leadership (although it worked for the city’s resolu- passed the bag ban. Surfrider’s bag-ban committee and the University of tion on corporate personhood). It usually campaign required significant volunteer OOregon’s Wayne Morse Center for takes time and patience to achieve the support and a lot of commitment and Law and Politics co-sponsored a panel on desired outcome. patience. Tara, like Linda, emphasized how to effectively influence local govern- Tara Gallagher then described her the importance of building relationships ment. Panelists were Linda Nettekoven experience with Surfrider successfully with government officials and other (HAND Neighborhood & Portland Plan persuading the city of Portland to ban stakeholders. Citizen Involvement Committee), Tara major retailers from using plastic bags. Lisa Libby provided important insight Gallagher (Surfrider), and Lisa Libby Surfrider took up the issue four years from her experience inside local gov- (city of Portland). The Wayne Morse ago and was one of the early pioneers, ernment. Government structure can be Center hosted the event at the White following San Francisco’s 2007 ban. complicated, she said, making it some- Stag Building in Portland, and Davis Surfrider started with the mayor’s office times difficult, but critical, to figure out Wright Tremaine generously provided and found a favorable ally in Mayor Sam the right local government or agency to refreshments. Adams. But Mayor Adams told Surfrider target. It is also important not to assume The discussion was engaging and infor- that to win over the Portland City Council, that people in government are on the mative. Linda Nettekoven began at the it would need to demonstrate widespread opposite side of your issue and to identify neighborhood level. Portland groups its support for the ban. Surfrider worked to potential allies within government. more than 90 neighborhood associations develop a “bag ban” brand for its cam- Being transparent helps maintain your into nine “neighborhood coalitions,” paign and undertook extensive outreach. credibility, including involving other which work with the Portland Office of It set up tables at countless local events, stakeholders when possible, like Surfrider Neighborhood Involvement. Linda has where volunteers educated the public did. Lisa also said that government of- been involved with infrastructure and and sought support. ficials give more credence to letters, development in her neighborhood for Surfrider also organized volunteers to phone calls, and face-to-face meetings many years, and she emphasized the prepare hundreds of handwritten letters than they do to email, even mass email. importance of building relationships with to city commissioners. Surfrider increased She stressed that government is at its government officials and the valuable visibility not only by its branding (which best when it is partnering with citizens, insight neighborhood residents can pro- included t-shirts and buttons) but also and she encouraged people to provide vide. She had high praise for Portland’s by having people dress up as the “bag feedback to the city on its 25-year plan District Liaison Program. The city has six monster” to roam the streets of Portland. (available at www.pdxplan.com). districts, each with a planner assigned to Despite widespread support for the plas- The panelists agreed that it is impor- be the primary go-between for commu- tic bag ban, Surfrider was unable to get tant not to let “perfect be the enemy of nity members and the city’s agencies with the local media interested in the issue good.” Your ideal policy outcome will not respect to development matters. until it organized a demonstration and always line up with what is achievable The conversation expanded to citywide rally outside City Hall. at the moment. It is imperative to know issues. Linda pointed out that as a practi- A key to Surfrider’s ultimate success when to “pivot” and find a different cal matter, one relatively easy way to get was reaching out to others with a stake route toward your desired outcome. issues before the Portland City Council is in the issue—in particular, recyclers and Effecting change takes time and a lot to use the “pre-council” time slots that grocers. The mayor’s office helped to of energy, but it can be fun, and we all allow people to make short presentations facilitate those contacts. have a lot to offer in the process. to the council without getting on the After briefly putting the issue on official agenda. But appearing before hold to see if the Oregon legislature Jona Maukonen is an attorney at Harrang the council once is generally not enough would adopt a statewide ban, Portland Long Gary Rudnick in Portland.
OREGON WOMEN LAWYERS AdvanceSheet 16 SPRING 2012