OWLS Mourns Justice Ruth Bader Ginsburg by the Honorable Allison Boomer N September 18, the Beginning of Rosh Hashanah, We Lost Justice Ruth Bader Oginsburg

Published Quarterly by Oregon Women Lawyers Volume 31, No. 4 Fall 2020 OWLS Mourns Justice Ruth Bader Ginsburg By the Honorable Allison Boomer n September 18, the beginning of Rosh Hashanah, we lost Justice Ruth Bader OGinsburg. It was a gut punch during an especially harsh year. I took my time to mourn, but I know that Justice Ginsburg would want us to march on. When I think about the work we do to advance OWLS’ mission, so much connects back In This Issue to Justice Ginsburg’s life and work. Here are some Justice Ruth Bader Ginsburg of the lessons I have learned from Justice Ginsburg and my fervent wishes for our future. Children in Immigration Custody We can persevere through significant adversity. Black Lives Matter Movement Justice Ginsburg’s mother died when the future President’s Message justice was still a teenager. Justice Ginsburg en- tered law school—one of only nine women in her Diploma Privilege Justice Ginsburg and Susan Hammer in 2008 class—and finished first in her class while caring for Renew Your Membership her young daughter and her beloved husband, Marty, as he battled cancer. Despite her record, she Upcoming OWLS Events struggled to find employment, explaining, “A Jew, a woman, and a mother, that was a bit much. 1 Public Speaking Skills Three strikes put me out of the game.” In her later years, she battled numerous bouts of cancer, never missing a day on the bench and starting her famous weight-training routine to regain her Business Development health. May we tackle the challenges we face with tenacity. Judges’ Forum Be strategic and play the long game. As an ACLU attorney, Justice Ginsburg developed a body From Our Winter 2009 Issue of law on gender discrimination, selecting each case carefully and arguing it skillfully. In her later years on the Court, Justice Ginsburg became known—notorious, perhaps—for her dissents. Yet Remembering Susan Hammer as we know, some of the best dissents become majority opinions. Her dissent in Ledbetter2 led to Racism in the Legal Profession the passage of the Lilly Ledbetter Fair Pay Act in 2009. In 2017, Oregon expanded its equal pay GrOWLS protection to include all members of protected classes. May we remain focused on the future and find opportunity in defeat. Continued on page 6 Queens Bench, Landmark Case Judge Danielle Hunsaker What Happens to OWLS Members Chief Justice Walters Award In Praise of Difficult Women All the Children in Participate in Black Lives A Lucky Encounter Immigration Custody? Matter Movement Speakers Needed By Chanpone Sinlapasai By Joslyn Keating Call for Volunteers any of us have seen the images of chil- ollowing the May 25 murder of George Seeking Award Nominees dren in cages or separated from fam- Floyd, an unarmed Black man, at the Mily members. Misinformation abounds Fhands of Minneapolis police, the Black about the immigration process for children, how Lives Matter (BLM) movement rapidly gained they are cared for and protected, and why their momentum, sparking worldwide, months-long cases intersect with criminal, family, and juvenile protests against police brutality and systemic law. One question commonly asked is, what hap- racism. Oregon, and particularly Portland, was pens to all the children in immigration custody? a hotbed for protests this summer, and many It is important to remember that immigration OWLS members participated in those protests. law is civil law, meaning administrative law. De- Some members’ experiences were relatively tained children are not provided court-appointed uneventful but profound. For example, in June, attorneys at any point in the removal process. In Gina, whose last name is omitted because of pri- immigration law there are two systems for chil- vacy concerns, attended a small protest of fewer dren: one for children who are detained at the than 20 people in her rural, mostly Republican, Continued on page 16 Continued on page 14

OREGON WOMEN LAWYERS AdvanceSheet 1 FALL 2020 President’s Message ello, my fellow OWLS, words I need- Can I be honest with you? ed to hear. HHere goes. I am feeling over- I want to whelmed. I have known the deadline repeat them to draft my AdvanceSheet President’s to all of you. President Maya Crawford Peacock Message for weeks. Have I written it? No. These are President-Elect But I have a great outline for the column not ordinary Jacqueline Alarcón I wanted to write on the topic of crisis times and or- Secretary fatigue. The truth is, I am too fatigued dinary expec- Adele Ridenour to write it. Like every person reading this tations do not Treasurer Kristin Sterling (and every person too overwhelmed and apply. I am Maya Crawford Peacock Historian otherwise occupied to read it), I am tread- also trying to Keshmira McVey ing water in the pandemic sea of chaos. follow the excellent advice of Kyra Haz- Board Members I wanted to give voice to the work- illa, from a training on trauma she gave Elizabeth Ballard Colgrove Mary Dougherty ing parents struggling to home school recently. We need to be kind to ourselves, Sara Kobak traumatized kids while trying to keep recognize that we are all being trauma- Ericka Langone Emily Lohman their $#^& together and do their jobs tized right now, and give ourselves a little May Low well. I wanted to share my grief with grace. Kyra’s other advice: connect with Marisa Moneyhun Jennifer Nicholls our community members whose lives gratitude. In the midst of it all, I do have Jessica Price have literally burned down around them so much to be grateful for. My wife and Sheeba Roberts Silvia Tanner due to the wildfires ripping through our daughter, friends and family, wonderful Amanda Thorpe state. I wanted to write about how the colleagues, and this OWLS community, Alejandra Torres Kalia Walker death of RBG and the upcoming election to name a few. I am holding space in Past Presidents have me so anxious that my undyed roots the chaos to be grateful for you all, and Hon. Allison Boomer are three shades more gray. We have a hope you can do the same. Some days Amber Hollister Angela Franco Lucero president who refuses to denounce white we fight, and some days we rest so that Laura Craska Cooper supremacy, and yesterday I read that two tomorrow we can fight. Elizabeth Tedesco Milesnick Kendra Matthews current Supreme Court justices want Please remember that the Oregon At- Kathleen Rastetter to reconsider Obergefell and perhaps torney Assistance Program offers great Megan Livermore Heather L. Weigler destroy my family. So, there it is, I didn’t programs and counseling. Please reach Concetta Schwesinger do my homework. out to the OAAP attorney counselors if Gwyneth McAlpine Heather Van Meter The smart and compassionate Linda you need help. Laura Caldera Taylor Tomassi called me today, and kindly told Kellie Johnson Norma S. Freitas me I was off the hook. She gave me ten Kate A. Wilkinson minutes to write a short message, and Jennifer K. De Wald Sarah J. Crooks reminded me that these are not ordinary Elizabeth Schwartz times, and that ordinary expectations Maya Crawford Peacock Lori E. Deveny Debra Pilcher Velure do not apply. Wow, were those ever the President, Oregon Women Lawyers Marilyn E. Litzenberger Teresa M. Kraemer Patricia L. Heatherman Julie Levie Caron OWLS, OFALA, OGALLA, and the MBA Phylis Chadwell Myles Helle Rode Diana Craine Advocate for Diploma Privilege Kathryn M. Ricciardelli Agnes Sowle t the end of September, OWLS, the Oregon Filipino American Lawyers Katherine H. O’Neil Association (OFALA), OGALLA—Oregon’s LGBT Bar Association, and the Executive Director Linda Tomassi Multnomah Bar Association (MBA) sent a letter to Chief Justice Martha [email protected] A Walters advocating for diploma privilege for all 2020 Oregon law school graduates. Editor Elise Gautier Click here to read the letter.

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OREGON WOMEN LAWYERS AdvanceSheet 2 FALL 2020 It’s Time to Renew Upcoming OWLS Events Your OWLS Queen’s Bench Monthly The Mindful Lawyer: A Guide to Presentation the Practice of Mindfulness Membership Featuring Multnomah County Wednesday, October 28, noon–1 p.m. hank you for your member- Circuit Court Judge Kelly Skye No cost. Register online. ship. Your ongoing support Tuesday, October 13, noon–1 p.m. Tallows OWLS to continue to via Zoom and Facebook Live Queen’s Bench Monthly provide unique programming and No cost. Register online. Presentation, Self-Represented opportunities for women and others Parties: A view from the bench outside the dominant culture at all OWLS Welcomes 1L Law Students Featuring Multnomah County Circuit stages of their legal careers. OWLS Wednesday, October 14, 5–6 p.m. Court Judge Pat McGuire, Oregon Tax has accomplished much in our 31-year via Zoom Court Judge Robert Manicke, and history. We are especially proud of No cost. Register online. Magistrate Allison Boomer all that our members have achieved, Tuesday, November 10, noon–1 p.m. leading law firms, courts, government Ballot Measure Breakdown via Zoom and Facebook Live bodies, nonprofit organizations, and No cost. Register online. more. Yet, more work remains to be Thursday, October 15, 2–3:30 p.m. done as we continue to pursue our via Zoom mission to transform the practice of No cost. Register online. Lane County Women Lawyers law and ensure justice and equality A recording of the event will be made Presentation of 2nd Annual by promoting women and minorities available afterward. Chief Justice Martha Walters Award in the legal profession. Friday, December 11, 12:15–12:45 p.m. During the COVID-19 pandemic OWLS Chapter Summit via Zoom and Simulcast and protracted shut downs, we hope Friday, October 23, 11 a.m.–12:30 p.m. We will celebrate the contributions of that you have found even more value via Zoom the Honorable Debra Vogt. and community through your OWLS No cost. Register online. Register online. membership, connecting you through the listserve, drop-in virtual events, For more information, please visit the OWLS events calendar on our website. programs, CLEs, committees, and chapters throughout the state. If so, please renew right away and encourage your colleagues to do the same. Please be sure to check your email in-boxes for your personalized link LITIGATION SUPPORT to our online renewal system or visit https://membership.oregonwomenlawyers.org/. If you find that you owerful are able to renew your membership P at an enhanced level, we would be very grateful. Thank you again for your ongoing support of OWLS. Our work is important, and you are vital in helping us complete it. Together, we will continue our transformative work for another 31 years and more.

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OREGON WOMEN LAWYERS AdvanceSheet 3 FALL 2020 OWLS and CEJ Host CLE on Improving Public Speaking Skills By Amy Arnett ost of us can relate to feeling there’s no message, people tune out.) anxious when speaking to an (2) They connect with the audience at Maudience or giving a presenta- the audience’s level (e.g., avoid technical tion. For those of us looking for ways to language for nonprofessionals) and find manage nerves leading up to a speaking common ground. (3) They know their engagement or to deliver a stronger topic and are prepared if the conversation communication, OWLS and the Campaign goes off course (one reason not to be too for Equal Justice (CEJ) presented “The Art scripted). (4) They are passionate about of Public Speaking: Tips from the Stage” their topic, which draws the audience in. on July 24 via Zoom. The CLE was moder- Passion can be evidenced by nonverbal ated by Maya Crawford Peacock, OWLS’ communication, such as hand gestures, president and CEJ’s executive director, facial expressions, or movement. (5) They and featured Laf-Off lawyer-comedians are storytellers. Mitra suggested trying Heather Weigler, a senior assistant attor- to deliver your message in different ways ney general at the Oregon Department without being too wordy (admittedly of Justice; Mitra Shahri of Mitra Law tough for lawyers). She emphasized, as Group; Sarah Lowe of Garrett Hemann did the other speakers, the importance Robertson; and Cierra Brown of Metro of being authentic—being who you are— Law Group. The speakers shared tips and when you address an audience; that will Mitra Shahri demonstrates strategies for elevating public speaking help your the superhero pose. skills that they learned from their expe- message For Cierra, having confidence is key riences on stage. come across. (and it’s okay to pretend you have it un- Heather underscored the importance Sarah of- til you actually do). The superhero pose of positive self-talk to cultivate confi- fered sever- helps boost confidence and grounds you dence. She recommended becoming al practical in the moment. To help calm your nerves, aware of where you hold tension and tips. She rec- try to find a way to make the place you’re doing breathing exercises to alleviate ommended speaking feel comfortable, like your living physiological responses to stress. While it memorizing room. Consistent with the other speakers, may feel silly, the superhero, or Wonder your first Cierra underscored the importance of be- Woman, pose can be effective in boosting line, a tran- ing prepared and knowing your material confidence. (Stand with hands on hips, sition line, (but avoid sounding scripted or relying legs spread shoulder-width distance, chest and a closing too heavily on notes, which can distract pumped, face looking upward.) Being line. While your audience). prepared and knowing the material really you should Engaging the audience and reading well—even vetting it before friends and know the Sarah Lowe their reactions are crucial, Cierra said. Try family—can help you feel more relaxed. big picture to learn about your tics, those nonverbal Heather also advised being prepared of your entire talk, memorizing those actions that may be off-putting, and for distractions (anything from a dropped three lines can help trigger your memory work on them. Also, look for nonverbal plate to a groan from the audience) and of your next points of discussion and give cues from the audience, such as glares, having a response at the ready—such as you a general structure. She cautioned uncomfortable looks, or smiles—that’s acknowledging the distraction and mov- against relying too heavily on notes, as another reason not to rely on notes, as ing on or making a joke. As a speaker, she that may lead the audience to doubt you will miss these reactions if you do. said, be prepared to create and relieve your knowledge. In delivering your remarks, be okay with emotional tension. Acknowledge the au- Movement can make your communica- silence—sometimes you may want to let dience if something makes them uncom- tion more dynamic, help with transitions, your audience sit with something. To keep fortable and then bring their emotions and keep the audience engaged, Sarah calm, have a drink of water, which will back to laughter or lightheartedness. explained. She suggested practicing in force you to slow down and collect your Also, be authentic to your audience. front of pets, particularly if you are not thoughts (the audience will think you If you’re nervous, let them know (and ready for comments. When practicing just need water). Cierra also recommends maybe even joke about it), and they will in front of people, avoid those who will leaning into your foibles—if, for example, want to see you succeed. cause you stress or are not similar to your your voice cracks, acknowledge it and Mitra began by sharing her experience target audience. Filming and watching make a joke about it if you can. as an immigrant learning English and yourself can be uncomfortable, but in OWLS thanks all the speakers for their described how she confronted shyness doing so, you can learn a lot about how detailed, useful advice. by voluntarily speaking in law school. to improve. Like Heather, Sarah suggested She offered key insights on great public having material you can default to if you Amy Arnett is a partner at the law firm speakers: (1) They have a message. (If freeze up. Parsons Farnell and Grein in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 4 FALL 2020 Spend Your Time on Business Development By Linda Tomassi e a brand. Be deliberate, curious, contacts, and follow up. These are accom- Marilyn of- bold, generous, and inspiring. Time plished by networking, public speaking, fers examples Bspent on business development is writing, and serving on volunteer boards of different your best investment. These were the and committees. kinds of cham- first pieces of advice to lawyers from She recommends that you be clear pions. They Marilyn Richards, a business development about the problems you can solve and include the consultant, during her June 30 virtual pre- the value you bring. You should know, advisor, who sentation to OWLS. It was a presentation she says, how to control your narrative gives advice; filled with valuable advice. with a simple and powerful statement the connector, Like many other aspects of our lives, about yourself and what you bring to who helps you Marilyn says, business development is a the relationship. Be able to specifically make con- mental game. You have to tell yourself describe your niche(s), why you care, and nections; the Marilyn Richards that you’re going to push through. She what benefit you bring to potential cli- educator, who insists that business development be ents. Be curious, be interested, and learn helps you learn about your niche market; treated like staying or getting in shape. about what people are up to. and the marketer, who takes your contact Be consistent, and get rid of “head trash,” Build your network of information and shares it with others. or negative thinking. professional champions. Marilyn insists that you invest in your What business development is not: social and professional networks. The A champion is “a well-trained, acti- Business development is not about push- more time you invest, the more success- vated professional who takes action on ing or persuading, shameless self-promo- ful you will be. Be sure to first do your your behalf.” You “activate a champion” tion, or being all things to all people. It homework. Building networks must be by educating the person about you, ex- is not a sales job. intentional and deliberate. You must plaining their role, asking for what you What business development is: Busi- listen to people, show appreciation, and want, offering to help them, and keeping ness development is consistent, focused thank them. You must “follow up, follow them in the circle. Share stories of your action. It is you doing your best listen- up, follow up.” success. Be bold, but not “inappropriate ing—listening for needs and for ways to And there’s good news for introverts: or weird.” You should also be generous be of service. It is listening with curiosity. of course you can be successful at business and share your networks and anything Visibility plus credibility, Marilyn says, you know. Continued on page 6 equals profitability and revenue growth. Marilyn’s Fundamental Rules of Business Development Choose niche markets you would like to serve. AMATO MEDIATION Think of markets in terms of paying clients versus practice areas. You need three niche markets in which you add value and fill a need, and that are attached to “watering holes.” The first niche is your dominant market, the second is your secondary market, and the third is LISA AMATO a specialty. A watering hole, Marilyn explains, is DISPUTE RESOLUTION SERVICES an association, trade group, conference, group gathering, or even an online space TELE 503.789.3262 in which you gain visibility and meet peo- EMAIL [email protected] ple. This concept still applies during the WEB amatomediation.com economic crisis and pandemic. “Choose your markets wisely,” Marilyn cautions, since you will be spending a lot of time MEDIATION • ARBITRATION with these people and learning about their issues. You should like and enjoy them. She wants you to consider not only what groups are most enjoyable to you, but which are most profitable for you to serve. “Do your research.” Marilyn says that lawyers need to gain visibility, fill their pipelines with direct

OREGON WOMEN LAWYERS AdvanceSheet 5 FALL 2020 Business Development continued from page 5 Justice Ginsburg development! In fact, introverts can a part in business development—it is a continued from page 1 sometimes be the best at it, Marilyn firm-wide effort. Be kind and use your platform to lift says. She recommends that you play to When asked how time should be spent others. Justice Ginsburg visited Oregon your strengths. Don’t give up; focus on when it is limited, Marilyn recommends in 2008 and took the time to meet with relationships; use your superior listening that you “identify your niche.” All the a group of Willamette law students. skills; focus on consulting, not selling time you spend and everything you The late Susan Hammer, who served as (you’re just offering your perspective); do should be focused on aligning with her escort, recounted in the Advance- and, as introverts must do, allow time people in that niche. She said that if she Sheet how Justice Ginsburg delighted to recharge. were in a large firm, she would spend her in her conversation with the students, Develop strategic partnerships. time getting visibility by aligning herself responding with warmth and wit to with that niche and being where those their questions. Please see page 8 for a Strategic partnerships are arrange- people are. reprint of that article and page 9 for a ments between two people, firms, or When asked how new lawyers or remembrance of Susan. organizations in which you can share lawyers new to a firm should focus, she Justice Ginsburg saw the humanity resources to pursue a shared goal while said: “Decide on three buckets you want in each person who appeared before remaining independent. These alliances to serve. Think about three client types the Court. Chief Justice Martha Walters make sense because you can do more to- you’d love to serve, then start meeting recently shared a memory of her oral gether than you can alone. Your alliances these folks, slowly but surely.” She rec- argument before the U.S. Supreme Court, should share your values. ommends that you join the organizations which her client, Casey Martin, attended. Follow up. they are in, find out “what they’re up Justice Ginsburg sent her law clerk out to “This is where your fortune lies,” Mar- to,” and find champions. stand next to Casey in the gallery so that ilyn says. It can take up to ten “touches” Marilyn says that business development she could know the man behind the case. for someone to become a client or referral is like planting seeds. You need to be May we never forget our shared humanity source. Keep appropriately following up. patient and stay focused. Do not try to and always act with compassion. Build a culture of business development be a generalist. Sharpen your messaging. When you are as humble as Justice in your firm. You need a shared language Find your champions, and make sure they Ginsburg, make sure to find your cham- with shared goals where everyone plays know what you’re looking for. pion. Women are punished for their a role and the messaging is consistent. Linda Tomassi is the executive director ambition, and mothers even more so. Lawyers at all levels in the firm can play of OWLS. Marty Ginsburg recognized his wife’s genius and cherished it, taking on all the family’s cooking (!) and working to secure her nomination to the Supreme Court. May we all be surrounded by those who support us and nurture our talents. Speak the truth persuasively and with conviction. Justice Ginsburg wrote clearly and precisely, carefully selecting her words to convey a powerful message. In one of her most memorable and poignant dissents, she wrote that “throwing out preclearance [of the Voting Rights Act] when it has worked and is continuing to work to stop discriminatory changes MEDIATION is like throwing away your umbrella in A RBITRA TION a rainstorm because you are not getting wet.”3 May we courageously speak the truth. 25 years civil and criminal Justice Ginsburg spent a lifetime trial experience. advancing equality and justice for all, inviting each of us to join her. May her memory be for a blessing. The Honorable Allison Boomer is the presiding magistrate of the Oregon Tax MULLEN ADR Court and a past president of OWLS. [email protected] Endnotes 1. Columbia Law School, A Brief Biography 503-901-6199 of Justice Ginsburg. 2. Ledbetter v. Goodyear Tire & Rubber Co., Molly Jo Mullen 550 US 618 (2007). 3. Shelby County v. Holder, 570 US 529 (2013).

OREGON WOMEN LAWYERS AdvanceSheet 6 FALL 2020 am not a worrier by nature, but in newer lawyers and law students who 2020 I worry about a lot of things. I THE JUDGES’ FORUM need, and are currently missing out on, I worry that as we face the big, scary informal, in-person mentorship at work challenges this moment in history pres- or school. ents, our ability to respond with resilience With the office drop-in and the coffee is being undermined by the loss of the date gone for now, our colleagues who daily routines and social interactions most need mentoring and support face that used to make us feel supported and real barriers to getting it. My request is secure. By keeping physically distant to that you reach out to someone in your protect the public health, our in-person Judge Kate von Ter Stegge office or the legal community who might support networks have been significantly Multnomah County Circuit Court be more isolated or feel less secure than disrupted now for six months and count- you, and just ask how it’s going. Even ing. Pre-COVID, those networks were better if you can do that once a week. I every anxiety I had about becoming a doing a lot of hard work, most of which truly believe that every small, supportive parent and through all of the stress and probably escaped our notice. contact helps us stay resilient. Now is the sleeplessness thereafter, as I balanced At the Multnomah County Courthouse time for all of us who have had the privi- parenting with full-time litigation. With- right now, the halls are largely empty and lege of real mentorship to pay it forward. out fail, talking to Kathy about lonely because so many matters are being any personal or professional handled with remote hearings. I almost challenge on my mind has always never see my friends—that includes other made things better. judges, but also beloved coworkers like I share my experience with Joey, the clerk who’s been cracking me Jim and Kathy because I want up since I got my law license, and Jane, to recognize all of the informal, the judicial assistant down the hall who in-person support and mentor- reliably dispenses smiles and peanut ship most of us have received M&Ms in times of stress. from coworkers over the years, When I look back on my life as an and call attention to how much adult, I realize that it’s actually been we’ve lost due to the isolation my coworkers who have helped get me required to limit the impacts of through some of the hardest times. Two COVID-19. When I think about in particular stand out, Jim Smith and this loss, I worry about all of the Judge Kate von Ter Stegge Kathy Short. I worked with Jim in the Trial Division of the Oregon Department of Justice. As my constant co-counsel, Jim taught me much of what I know about civil litigation, but his informal mentorship went so far above and beyond that. It WE DON’T JUST SERVE THE should be noted here that Jim and I have very few common interests and disagree OREGON LAW COMMUNITY. about most everything; for example, Jim likes golf and Sizzler and has a mistrust WE’RE PART OF IT. of demonstrative exhibits. Nonetheless, Jim looked after me nearly every workday for two years while my mom was sick and dying. We tried a lot of cases around the state during this period of my life and Jim, an economical and somewhat gruff Our expert lenders are here to help. fellow, would always ask, “You okay?” From being active members of many Oregon law associations, to I always was more okay because he had asked. The fact that Jim was a daily con- serving as the preferred bank of the Multnomah Bar Association, we’re stant in my life and cared about me in committed to supporting the law community and helping your firm succeed. his secretly sweet way helped me keep Our bankers understand the needs of attorneys and firms because they’ve it together through my grief. spent time getting to know them. See how good your relationship with a I wish everyone had a Kathy Short in bank can be at ColumbiaBank.com or call 877-272-3678. their office. I worked with Kathy at the Multnomah County Attorney’s Office; losing my daily office contact with Kathy was one of the hardest things about my transition to the bench. Kathy is just one of those people you need in the Member FDIC Equal Housing Lender foxhole with you because she is gifted at friendship. Kathy talked me through

OREGON WOMEN LAWYERS AdvanceSheet 7 FALL 2020 This is a page from the Winter 2009 issue of the OWLS AdvanceSheet.

Justice Ruth Bader Ginsburg: An Inspiration for Women Lawyers By Susan Hammer h a d Many judges, bar leaders, law students, the most powerful woman lawyer and I t h e professors, and members of the bar jurist in the world. As she talked with a h o n o r and community had the opportunity to group of Willamette law students over of serv- interact with her in small meetings and breakfast, I was touched that she took ing as to hear her speak in large convocations. the time to be with them and seemed to Justice Much has been written about Justice love the interaction. Their questions were R u t h Ginsburg’s life and career. I’d like to share mostly personal: Who were your heroes/ B a d e r a personal view of this most remarkable heroines? How was law school different Gins- woman. for you than it is for us? How is being b u r g ’s Justice Ginsburg’s mother died the day on the Supreme Court different than e s c o r t before she graduated from high school. being on the court of appeals? What’s during Her mother gave her this advice: Be a lady the best part of your job? Do you miss her visit and be independent. These contrasting Justice O’Connor? at Wil- qualities give us just a hint about the Her answers, in kind, were personal. lamette complexity of this remarkable person. She Her heroines were Amelia Earhart and Univer- is tiny physically (I felt like I could have Nancy Drew. About law school experi- Photo by Frank Miller, Willamette University Photo by Frank Miller, Justice Ginsburg sity on been her bodyguard). Intellectually, she ence, she told a story about when she Septem- is a giant. She is soft spoken and kind; was a student at Harvard Law School. The ber 12 and 13. She came to Willamette nevertheless, bold and refreshingly can- dean invited the women law students to to celebrate the 125th anniversary of the did. She is encyclopedic on the law and dinner and asked them to explain why College of Law and to dedicate the new seems to be able to recall every Supreme they occupied a place that could have Oregon Civic Justice Center, home to the Court decision ever written. She is also gone to a man. Oregon Law Commission and an array of interested in opera, music, art, econom- About the difference between the court Willamette law programs. ics, work/family issues, and much more. of appeals and the Supreme Court—she At age 75, Justice Ginsburg has the As a judge, she wears a black robe, yet noted that she is more easily recognized energy to keep a demanding schedule is stylish and dresses elegantly. She can now. It’s easier to get someone to wait on that would tire a woman half her age. be very serious and very funny. her in Macy’s. Complete strangers say to She had ten events during the two days. Justice Ginsburg is recognized as her, “You look like Justice Ginsburg,” to which she replies, “People keep telling me that.” (That’s what I mean by her sense of humor.) The best part of her job, she said, was writing a dissent, then having four or ﬁve judges join in and it becoming the majority opinion. “That’s a real high,” she told the students. And about missing Justice O’Connor, she said, “The Court misses Justice O’Connor.” She recounted a number of 5–4 cases the year after Justice O’Connor’s retirement that would have gone the other way had she remained on the court. Shortly after her visit, I received a handwritten note from Justice Ginsburg, thanking me for being her guide and recalling the wonderful few days that she and her husband, Marty, had at Willamette. She signed it, “With appreciation and every good wish, Ruth and Marty.” I will cherish the card, savor the memories, and forever appreciate her contribution as a jurist, attorney, teacher, and role model.

Susan Hammer has been a member of OWLS since it was formed in 1989. She is an active mediator of business, employment, professional liability, and injury cases. She serves on the Board of Trustees of Willamette University.

OREGON WOMEN LAWYERS AdvanceSheet 4 WINTER 2009 Remembering Susan Hammer, Treasured OWLS Member By Elise Gautier WLS mourns the death of Susan Lawyers was incor- Hammer, a treasured OWLS mem- porated just a few Ober and civic leader. She died on months later, on August 26 in Portland at age 71. Susan is March 31, 1989. pictured at right with Gretchen Kafoury When the presi- (1942–2015) and Justice Betty Roberts dent of the Ameri- (1923–2011) at Betty’s book signing can Bar Association event at the Oregon Historical Society came to Portland in Portland in 2008. in 1987, Susan Born in Salem, Susan was a graduate of recalled, he held South Salem High School, the University a meeting with of Puget Sound, and Willamette Univer- lawyers at an exclu- sity College of Law. She practiced law at sively male club in Stoel Rives in Portland from 1978 to 1998, Portland. Although Photo: Jodee Jackson becoming a partner there in 1984. After Susan and Ellen From left: Gretchen Kafoury, Justice Betty Roberts, leaving Stoel Rives, she conducted her Rosenblum (now and Susan Hammer in 2008 own mediation practice in Portland for Oregon’s attorney 20 years, receiving national recognition general) objected to the meeting’s ex- article about that visit was published and mediation awards. cluding women, the location was not in the Winter 2009 issue of the OWLS Susan was a longtime OWLS member changed. “The Oregonian picked up the AdvanceSheet. It is reprinted in this issue and supporter, and she ran an ad in story and ran it as a news article, an edi- as a tribute to Justice Ginsburg and to nearly every issue of the OWLS Advance- torial and in Jonathan Nicholas’ column,” Susan. Both remarkable women will be Sheet for 18 years. You can see video of Susan explained. “The meeting place sorely missed. Susan and other early OWLS leaders at didn’t change but we felt vindicated. We You can learn more about Susan from a 1991 brunch here. As a member of the also had a lot of fun with it!” her obituary at OregonLive. OWLS Foundation Legacy Society, Susan When Justice Ruth Bader Ginsburg Elise Gautier, a freelance editor and left a generous bequest to the OWLS visited Willamette University 21 years “inactive” bar member, has edited the Foundation. later, in 2008, Susan escorted her. Susan’s OWLS AdvanceSheet for the past 18 years. “As citizens, we have an obligation to make this city better,” Susan said at an OWLS event in July 2008. She, indeed, made Portland better. Susan served in volunteer leadership positions within the legal profession and the wider community for decades. She was the first woman president of the Multnomah Bar Association, in 1987–1988. She served as president of the Portland City Club (2006–2007), board chair of Planned Parenthood Columbia Willamette, and on the boards of several other major nonprofits in Oregon. She was the first recipient of the Planned Parenthood Susan Hammer Award for Transformative Leadership (in 2011) and one of the earliest recipients of the Or- egon Commission for Women’s Women of Achievement Award (in 1987). She received the Multnomah Bar Association Professionalism Award in 2006. As president of the Multnomah Bar Association (MBA), Susan enlisted Katherine O’Neil to chair the MBA’s Committee on the Status of Women in the Legal Profession. Its work ultimately led to women lawyers deciding, at the women’s bar breakfast held at the Octo- ber 1988 Oregon State Bar conference, to form a statewide group. Oregon Women

OREGON WOMEN LAWYERS AdvanceSheet 9 FALL 2020 Racism in the Legal Profession: A Conversation By Teresa Statler ari de la Motte, trial consultant, personal injury attorney; Ibiere Seck of woman,” for coach, and OWLS member, moder- Los Angeles, a trial lawyer in solo practice example. In Sated an eye-opening webinar on who handles personal injury, civil rights, essence, Black September 10 titled “Tackling Racism and criminal defense matters; Loreal lawyers are in the Legal Profession: A Conversation Jackson of Baton Rouge, Louisiana, who “punished” about Race, Responsibility and Remedy.” handles personal injury cases and was for zealously The panelists were six Black attorneys, formerly a public defender; Brady Skinner representing all of whom have trial practices, who III of Baton Rouge, who handles criminal clients, when are located in Alabama, Louisiana, and defense and personal injury matters and the same ap- Los Angeles. mentioned that he likes having these proach by a Sari began the presentation by men- “tough conversations” about racism; and white person tioning that as a trial consultant, she had Chris Washington, who handles personal would not Sara Williams long been observing what had been hap- injury matters and is in practice with Ms. even be not- pening in the Oregon legal community Jackson and Mr. Skinner. After introduced. Black lawyers should not be expected regarding “lawyering while Black,” and ing the speak- to stifle themselves or their personalities. she wanted to give lawyers of color an op- ers, Sari asked Several speakers mentioned instances in portunity to tell their stories. She stressed them why is which they had “pulled back” so that that the presentation, however, was not it important their clients would not be adversely af- for the speakers, but for white audience that lawyers fected by the opposing counsel’s racist members, who might be uncomfortable talk about attitude toward Black attorneys. about what they hear, but who need to race. Sari asked the panel members for learn, understand, and take action to Race is examples of instances of “lawyering combat racism in the legal profession. involved in while Black” that they had experienced. The six accomplished speakers were anything Examples included the following: Sara Williams, a personal injury attor- involving • Receiving “low-ball” offers in personal ney in Birmingham, Alabama, and the people and Sari de la Motte injury cases, with opposing counsel manager of her firm; Harry Daniels III of society, panel saying things like “Take the money, Iberia, Louisiana, a criminal defense and members stated. The more we talk about boy” or “Oooh, that’s a lot of money.” it, the more comfortable we will be doing The opposing counsel’s assumption so. To say that we “don’t see color,” one is that the Black lawyer is not skilled panelist noted, is “willful ignorance.” enough to expect or obtain more for Several times during the conversation, his client. Sari and panel members urged that racism • Receiving “compliments” like “You’re and racist statements made in court or in a good Black lawyer.” other legal settings be called out. Lawyers • Being purposefully treated with need to be anti-racist, instead of ignoring disrespect, like being called “girl” by racism in order to be nice to white people opposing counsel during a trial. (For- or to not rock the boat. Ignoring racism tunately, in the instance Ms. Williams is dangerous and harmful. mentioned, the judge called out the Sara Williams noted that one of the lawyer and stopped it.) “blessings of 2020” might be that “all • Having to put up with white lawyers the filters are off” and people are be- trying to touch Black lawyers’ hair ing called out as being on their “racist or commenting on their hair or their islands” and that such persons are alone bodies. there more and more these days. White • Being described as “articulate” or people are in a better position to call out “classy.” racism than a Black person, said Ibiere • Being the only Black lawyer “at the Seck; if white people call out racism, “it table,” but not being allowed to speaks volumes and is received better.” actually participate in the trial or the Many times, more dialogue occurs. discussion. (Panel members stressed In 2020, much of the racism and racist that Black lawyers should be “invited insults suffered by Black lawyers falls into to the meeting,” asked to be part of the category of “micro-aggressions.” the CLE panel, etc.) These are things like assuming that a Black • Being taken for the defendant in a lawyer (especially a Black woman lawyer) criminal case even though the Black is less competent and has less training, attorney is wearing a suit. or that when a Black lawyer is strongly • Being asked for their bar card when making a point, she is being “too emo- white lawyers are not. tional”—that she’s just an “angry Black Continued on page 11

OREGON WOMEN LAWYERS AdvanceSheet 10 FALL 2020 Tackling Racism GrOWLS Meets with Judges continued from page 10 By Diana McDougle • Always be- n August 7, the Gorge chapter remotely. The ing asked of Oregon Women Lawyers Seventh Ju- to partic- O(GrOWLS), the Mid-Columbia Bar dicial District ipate on Association, and the Seventh Judicial Dis- is utilizing CLE pan- trict judges hosted a remote Zoom meet- WebEx to els about ing to discuss the Chief Justice Orders conduct its diversity issued in response to COVID-19. Seventh hearings, and but not Judicial District Presiding Judge Janet that technol- on panels Stauffer presided over the meeting, which ogy is prov- about oth- was also attended by the other three ing effective er topics. judges in the district, Judges John Olson, and reliable. • Being un- Karen Ostrye, and John Wolf. The judges Judge Janet Stauffer able to Approximately 20 Columbia River indicated take out Gorge attorneys inquired and comment- that our region’s settlement conferences a loan for Ibiere Seck ed regarding court operations during are also going very well. Because a high their law the pandemic. Questions regarding the rate of cases are settling, the court’s practice. (In the case mentioned, the status of trials, remote court attendance, availability has increased. lawyer had a white lawyer colleague budgetary impacts, court closures, and It was an extraordinarily productive “who picked up the phone” and called COVID-19 precautions were thoroughly meeting that also promoted professional the bank and made the loan happen.) answered and discussed. collegiality and cohesiveness during this The panel members made clear that The judges indicated that our court very challenging time. they are tired of having to “pick their processes and procedures are going well Diana McDougle is an attorney at Camp- battles”: should they call out the racism and being safely conducted. Attorneys, or is the instance in question “not bad plaintiffs, and defendants are being bell Phillips in the Columbia River Gorge enough”? encouraged to attend court hearings and serves as the GrOWLS treasurer. Sari closed out the webinar by asking the panelists for closing comments and For more information about OWLS and OWLS chapters, suggestions about what white lawyers activities, and events, please visit www.oregonwomenlawyers.org. can do. The panelists responded with the following: • “Racism is white people’s problem to solve, not Black people’s.” • “Do something, please! We’re exhaust- ed!” • “You can make a difference. Stand Proud supporter up and say something! We are tired of being angry Black persons.” • “Believe us. If we say [something] is of OWLS racist, it is.” Diversity, equity and inclusion are • “Educate yourselves.” Racism can be core values at Foster Garvey that are addressed only if people are educated integrated into the firm’s culture and the about it. Once educated, white people can then stand by and support persons way we do business. We are committed to of color. Panel members recommend- recruiting and mentoring diverse attorneys ed consulting the many currently and staff, maintaining an inclusive available reading lists about racism environment in which our talented to obtain that education. workforce may thrive and increasing An hour-long program barely addresses diversity representation in all aspects of the beginning of tackling racism in the legal profession. But the presenters’ our firm, including firm leadership. voices and stories were powerful and appreciated. We have a lot of work to do to, and it is ongoing. Thank you, panel members and Sari, for a sobering and enlightening presentation. Teresa Statler has a solo immigration law practice in Portland. She is the chair of foster.com the AdvanceSheet Committee.

OREGON WOMEN LAWYERS AdvanceSheet 11 FALL 2020 Queen’s Bench Hosts Discussion of Landmark First Amendment Case By Jenna Plank n August 11, the OWLS Queen’s providers. As Judge Bench Monthly Speaker’s Series The group Simon ex- Opresented “Deadly Speech,” an also filed a plained, the analysis of the landmark Planned Par- “justifiable case arose in enthood, et al. v. American Coalition homicide” a time peri- of Life Activists case. The speakers declaration od when the were Senior U.S. District Court Judge and posted U.S. Supreme Robert Jones, U.S. District Court Judge on the inter- Court had Michael H. Simon, and Carol J. Bernick. net a publi- promulgat- They described the events that led to cation called ed decisions the filing of this landmark case in 1995, the “Nurem- indicating the complex legal issues presented, and berg” lists Carol J. Bernick that there Judge Michael H. Simon the twists and turns the case took as it that featured were types of wound its way up to the Ninth Circuit dossiers on abortion providers, politi- speech to which courts gave lesser or and back again. This was a historic First cians, judges, clinic employees, and oth- even no First Amendment protection. Amendment case litigated and decided er abortion rights supporters, and that In Brandenburg v. Ohio, 395 U.S. 444 here in Oregon. included the names of known providers (1969), and its progeny, the Court held Judge Jones presided over the original who had been murdered. that speech directed and likely to incite district court trial in 1999; Judge Simon, Carol Bernick said that it was the imminent violence was not protected. then an attorney at Perkins Coie, wrote publication of these lists containing In Watts v. United States, 394 U.S. 705 the amicus briefing for the ACLU in the the names and addresses of individual (1969), the Supreme Court introduced case; and Carol Bernick, a new partner providers that led to the 1995 filing of the “true threats” doctrine, holding that in her eighth year of practice with Davis Planned Parenthood, et al. v. American a “true threat” also was unprotected Wright Tremaine at the time of the trial, Coalition of Life Activists. The named speech, but the Court failed to define represented the plaintiffs. plaintiffs consisted of two clinics and what exactly constituted a true threat. In the early 1990s, groups including five individual doctors, all of whom col- It was against this backdrop that the Operation Rescue began blocking access lectively spent hundreds of thousands of ACLU chose to involve itself as amicus to abortion clinics. In response, federal dollars on security measures after their in the case, despite reservations that the legislation was enacted to ensure a right names and personal addresses appeared case pitted a woman’s right to choose of entry to clinics. Violence escalated, in ACLA publications. against free speech. and several individual abortion doc- The original claims alleged that the All three speakers concurred that the tors were targeted and murdered. In ACLA violated the Federal Freedom of trial was highly contentious, requiring 1994, when Operation Rescue publicly Access to Clinic Entrances Act (FACE) and frequent judicial intervention and in- condemned these murders, an Ore- the Racketeer Influenced and Corrupt volving countless objections, multiple gon-based group self-titled the Amer- Organizations Act (RICO) by organiz- motions for mistrial, and ultimately the ican Coalition of Life Activists (ACLA), ing actions to perpetrate criminal acts issuance of a gag order. In 1999, after splintered from Operation Rescue. against the named plaintiffs. The true three weeks of trial and four days of In 1995 ACLA published a “wanted” central issue of the case was whether jury deliberation, the jury found for the poster that listed the names and ad- these ACLA publications were criminal plaintiffs and awarded a landmark $107 dresses of a “Deadly Dozen” abortion acts or exercises of free speech. million in punitive damages. From that point forward, the case lived on for years in appeals. The Ninth Need help with a big case? Want to take a vacation? Circuit initially reversed the case, finding Contact the OWLSContract Lawyer Service. We can help! that the ACLA publications were not “true threats” and were thus protect- Contact us with project/job information. ed by the First Amendment. The Ninth We immediately post the announcement to our Circuit en banc panel then reversed that decision, reinstating the verdict contract lawyer listserve. You are promptly contacted but sending the case back to the dis- by contract lawyers who meet your criteria. No fee to trict court for reconsideration of the post jobs or projects. You pay the contract lawyer you damages award. hire. OWLS contract lawyers are statewide. Throughout the appeals, the ACLU Many levels of experience. Many types of expertise. urged the court to impose a two-part test, one part objective and one sub- ForFormo morere in informationformation or or to to post post a a j objob,, con contacttact jective. The ACLU urged the court to DianeCassondra Rynerson: Sumrall503.841 at.572 [email protected] or [email protected]. require a specific intent to intimidate Continued on page 13

OREGON WOMEN LAWYERS AdvanceSheet 12 FALL 2020 Meet U.S. Court of Appeals Judge Danielle Hunsaker By Kalia Walker udge Danielle Hunsaker became in- Coffee Creek Correctional Facility Book Judge terested in the law in middle school Drive in 2015–2016. Hunsaker Jafter learning about the Constitution Although she enjoyed the practice also has three and our nation’s history. She recalls a of law, Judge Hunsaker realized that key pieces school project, in which she wrote to her she was most interested in the judicial of advice for senators about a criminal law issue, and process, and therefore she decided to young law- being intrigued by the grand principles pursue a position on the bench. In 2017, yers, which underlying the American legal system. Governor Kate Brown appointed Judge she shared She did not know any lawyers while she Hunsaker to the Washington County with her Lew- was growing up in Southern and Central Circuit Court. She loved the energy and is & Clark law Oregon, and she credits her mother for fast-paced environment of state court students. The Judge Danielle Hunsaker encouraging her to dream big and be an and was promoted to chief civil judge first is to set independent thinker. after a little over a year on the bench. boundaries for yourself, because the These dreams would eventually lead Shortly thereafter, she was selected to legal profession can be all-consuming if Judge Hunsaker to the University of serve as presiding judge, a position she you do not set limits. The second is to do Idaho Law School, from which she grad- filled until she was appointed to the something in your life for a reason other uated summa cum laude in 2004. After Court of Appeals for the Ninth Circuit in than money. Lastly, she encourages young law school, Judge Hunsaker pursued November 2019. lawyers to never settle for mediocrity in several prestigious clerkships. She worked After nearly a year on the largest appel- your legal careers even if others around for Judge Paul J. Kelly Jr. of the Tenth late court in the nation, Judge Hunsaker you are. Circuit Court of Appeals, Judge Michael is enjoying her new job. She especially Outside of work, Judge Hunsaker W. Mosman of the U.S. District Court in enjoys its intellectual challenges and the recently took up kayaking with her Oregon, and Ninth Circuit Judge Diarmuid opportunity to grapple with the principles husband and is enjoying exploring Or- F. O’Scannlain. guiding the rule of law in our country— egon’s waterways. She is also a mother In 2009, Judge Hunsaker joined Larkins the same principles that drew her to the who understands the importance of Vacura Kayser, where she focused on legal profession as a young girl. balancing work and home life. Although complex civil and appellate litigation. She To women who want to be judges, her children are now grown, she recalls was also an adjunct professor at Lewis Judge Hunsaker’s advice is twofold. She the times when she needed to juggle a & Clark Law School, where she taught recommends that women muster the bustling legal practice and her children’s Oregon Pleading & Practice from 2011 courage to pursue a position on the bench needs. Her advice to working parents is to 2016. Judge Hunsaker is a former and not fall prey to imposter syndrome. to be patient with yourself and (while president of the Washington County Bar Judge Hunsaker was not selected the not settling for mediocrity) accept that Association and a former vice president first time she applied for the Washington you cannot reach perfection in every of the Federal Bar Association’s Oregon County Circuit Court, but that did not facet of your personal and professional chapter. She has served on several com- deter her. She also recommends doing life every day—and that is okay. Wise mittees of the Oregon State Bar, Oregon the work necessary to be qualified for words for us all to remember during Women Lawyers, and the Ninth Circuit the position and to set yourself apart these challenging times. Judicial Conference, as well as others. from other applicants. Kalia Walker, an OWLS board member, is She was the coordinator for the OWLS an associate at Tonkon Torp in Portland.

Landmark First Amendment Case continued from page 12 as the subjective prong of a true threat, tional question remains unanswered. professionals but the circuit court declined to do that. Carol Bernick and Judge Simon both to continue After several more appeals, the Ninth noted, though, that the case wasn’t to represent Circuit ultimately set the damages award about the money. The ACLA lists and those who in the case at around $5 million. To date, publications came down, and the ACLA can afford the amount collected from the defen- was ultimately disbanded. Bernick ex- us and those dants is less than $50,000. Judge Simon plained that the case was taken on pro who cannot. added that in 2015, the Supreme Court bono by her firm, and that it underscores essentially imposed that standard in Elo- the importance of pro bono work to the Jenna Plank is nis v. United States, 135 U.S. 2001 (2015), legal profession and society as a whole. a senior dep- but only in the context of construing a Judge Simon agreed and said that his uty district at- federal statute that prohibited threats amicus work in the case was also done torney at the Judge Robert Jones and not as a matter of interpreting the pro bono. He added that this case stands Multnomah First Amendment. Thus, the constitu- as an example of our obligation as legal County District Attorney’s Office.

OREGON WOMEN LAWYERS AdvanceSheet 13 FALL 2020 Black Lives Matter Movement continued from page 1 and vocally anti-BLM town. According scended upon the crowd. One contingen- her against to Gina, the most notable thing to come cy of feds was garbed from head to toe the building. out of this protest was the scuttlebutt in dark blue (that appeared black) with The officer it prompted on her neighborhood’s the words “Police” and “DHS” written on then pushed Nextdoor page. Gina appreciated the their uniforms. The other group of agents Jennifer into conversation the protest prompted, looked like soldiers, wearing camouflage the dark, cav- demonstrating to her town’s residents desert fatigues. None of the officers ap- ernous court- that not everyone in their small com- peared to wear identifying information. house, which munity shared the same views on police Jennifer heard no announcement over she likened brutality and racism in the United States. the loudspeakers ordering the crowd to to a scene out Marie Barlow also attended a relatively disperse, either before or after the feds of a horror low-key BLM protest in June, with attend- began their movie. Thus Jennifer Kristiansen ees at the Portland event numbering less assault on the began Jenni- than 1,000. Most, if not all, attendees demonstra- fer’s 16 hours in federal custody. wore face coverings to prevent the spread tors. Jennifer spent the night in a solitary of COVID-19 as they marched from Al- After of- holding cell at the courthouse, ankles berta Park to MLK Boulevard. Marie felt ficers un- shackled the entire time. She and the four inspired by her fellow protesters and by leashed the other protesters arrested that night were drivers honking their encouragement initial round transported to the Multnomah County and pumping closed fists into the air of tear gas on Detention Center (MCDC) around 7:15 as they drove by. She was also moved the crowd, a the next morning. In the interim, no one by the families, particularly those with tall male of- informed her why she was arrested nor small children, who waived and shouted ficer in dark Marie Barlow gave her the option of calling an attor- support from their yards and porches. blue began ney or anyone else. She finally had the Other OWLS members had more pushing back Jennifer and those linked opportunity to call her husband while disturbing experiences during their in- near her with a billy club. She and the at MCDC. volvement in the BLM protests, including other moms began retreating backward. Around 1:25 p.m., Jennifer was trans- first-hand mistreatment by local and fed- During this barrage of physical force, the ported from MCDC to an interview room, eral agents. A stark example is Jennifer woman linked with Jennifer screamed where she was able to meet with an Kristiansen’s involvement in a July 20 in pain that she had been “hit in the attorney for around three minutes prior protest featuring the group of Port- tit”; Jennifer initially thought her linked to her video arraignment at 1:30. It was land-area mother-identifying individuals companion had been struck with a baton, during this brief meeting that she finally known in the early days of its formation but later learned that she was shot with learned of the charges levied against her: as the “Wall of Moms.” The Wall of Moms a pepper ball. misdemeanor assault of an officer and formed in mid-July following national A shorter male officer in dark blue ap- misdemeanor failure to obey a lawful outrage over news that federal agents proached the larger, billy-club-bearing of- order. Those charges are still pending. in unmarked vans had been abducting ficer, pointed to Jennifer, and proclaimed Jennifer thinks she was likely targeted and detaining demonstrators from the that she was the “one” who hit him (she by the federal officers, despite doing streets of downtown Portland. During had not). Likely due to Jennifer’s petite nothing criminal, due to her petite size several nightly protests in July, the Wall size—around five-feet tall—the larger and vulnerable location in the line of of Moms linked arms to form a human officer seemed incredulous and asked moms (at the end). She thinks the federal shield between the growing number of the smaller officer to confirm. When officers targeted the Wall of Moms to protesters and federal and local officers. the smaller officer replied affirmatively, send a message of intimidation under the Jennifer, armed with a respirator and one or more officers violently snatched pretense of targeting violent protesters. bike helmet, joined the Wall of Moms on Jennifer from her position on the Wall She noted the irony that the officers, the third day the group gathered outside of Moms. who were reportedly in Portland to the Mark O. Hatfield U.S. Courthouse in One officer forcefully placed his protect federal property, did not arrest Portland. By that time, the informal group forearm against Jennifer’s sternum and the people actually engaged in defacing had grown to a couple hundred people. dragged her away. He pushed her up the courthouse. Instead, they chose her, a Jennifer recalls the protest on July 20 against the exterior wall of the court- peaceful protester engaging in her First being nonviolent and mostly peaceful. house, grabbed and squeezed her right Amendment right to speak out against Around midnight, federal officers, breast with one hand and, with the other police brutality aimed at communities of seemingly unprovoked, began shining hand, flipped up her skirt (she was wear- color. In doing so, she was met directly lasers into the crowd and shooting dem- ing leggings underneath) and grabbed with police brutality. She said her arrest onstrators with pepper balls and muni- and squeezed her right buttock. The proves her point. tions. Soon a flashbang landed less than officer did not perform what Jennifer Blake Van Zile also witnessed disturb- ten feet from Jennifer’s position at the expected would be a standard pat-down ing police violence during a protest she end of the line of moms. The flashbang search attendant to an arrest; for exam- attended on June 13 in Portland. She emitted red and gray gasses. ple, he did not search around her waist- arrived downtown at the Justice Center In the midst of the disorientation that band for potentially dangerous objects. ensued, two groups of federal agents de- Jennifer feared the officer would rape Continued on page 15

OREGON WOMEN LAWYERS AdvanceSheet 14 FALL 2020 Judge Debra Vogt to Receive Chief Justice Walters Award ane County Women Lawyers Vogt is currently serving her second term Vogt demon- (LCWL) is pleased to announce as presiding judge, after having served as strated an Lthat it will present the second an- chief criminal judge from 2009 to 2017. unflinching nual Chief Justice Martha Walters Award commitment (CJMWA) to the Honorable Debra K. Vogt to improving during a statewide virtual ceremony The Chief Justice Martha the quality on Friday, December 11, from 12:15 to Walters Award recognizes of justice ser- 12:45 p.m. The CJMWA recognizes a Lane a Lane County attorney who vices in Lane County attorney who has demonstrated County, as she has demonstrated leadership leadership in the pursuit of equal justice streamlined in the pursuit of equal justice for all. The recipient of this award is a and restruc- Photo: Steve Smith person who has transformed the law for all. tured com- Judge Debra K. Vogt through advocacy to create or encourage plicated and equal opportunities for individuals facing confusing processes in the criminal and obstacles to achievement and whose in- With the selection of Judge Vogt for juvenile dockets. Her colleagues on the novative approach to work place culture the CJMWA, LCWL has recognized that Lane County bench note that she has or mentoring promoted advancement in there is no access to justice if the court- been a kind and wise friend to judges the legal profession for all. house is closed. Judge Vogt’s leadership who have followed her to the bench by Judge Vogt has been a contributing has kept the courthouse doors open creating volumes of materials to aide member of the Lane County legal commu- during the pandemic, while preserving new judges as they learn the ropes and nity since serving as a law clerk to Judge the health and safety of all participants, by providing invaluable guidance as they Maurice K. Merten upon Judge Vogt’s with the use of innovative technology develop in their new role. graduation from Willamette University and new strategies to allow the wheels of The event honoring Judge Vogt will College of Law 1994. A laudable career justice to move forward when necessary feature a slide show of the 2019 CJMWA as an assistant district attorney followed, restrictions put a halt to many proceed- lunch, remarks by Chief Justice Walters, in which she championed the rights of ings. She has implemented measures to Judge Josephine Mooney’s 2020 CJMWA victims, including the four-footed kind, clear out the court’s back-log of cases presentation, and a Q&A session with and earned a reputation as a tough, but and is also identifying the court’s next Presiding Judge Vogt. Registration for the fair prosecutor. She ran for a seat on the challenges. remote gathering is available at https:// Lane County Circuit Court, winning a con- LCWL also recognizes that long be- tinyurl.com/LCWLCJMWA2020 through tested election, in November 2006. Judge fore the current COVID-19 crisis, Judge Friday, December 4.

Black Lives Matter Movement continued from page 14 around 7:30 p.m. Like many of the BLM demonstrating. A handful threw water Center. As they walked away from the demonstrations she had attended pre- bottles at the vacant space behind the protest area, they encountered a house- viously, the night was overall calm and fence; a few others graffitied nearby less woman who was bleeding badly from peaceful. Some protesters held signs structures. But the demonstrators lit no a gash in her head. Blake and her partner and chanted; others played music and fires, discharged no fireworks, and did assisted the woman in getting medical spoke over a loudspeaker. At one point, not attempt to break down the fence. care and then went home. Blake walked the perimeter of the Justice Then, without warning or provocation, Blake was, understandably, shaken Center and saw a small group of U.S. the Portland police began setting off for a week or so after the protest. The marshals gathered behind the building what Blake described as unbelievably police had turned the area around the wearing army fatigues and carrying as- loud and terrifying “sound bombs.” Justice Center into a war zone. She sault rifles. Blake recalled that this was About 15 large SUVs sped into the crowd was—and still is—astounded at the dis- about a month before the presence of of protesters, and heavily armed Portland proportionate and violent response by federal officers in Portland had become police officers began pouring out of the Portland police to a relatively small publicly acknowledged and condemned. them, rushing the crowd, and pushing crowd of peaceful demonstrators. What Although the warlike image of the U.S. some people to the ground. Blake could Blake describes as even more jarring is marshals disturbed Blake, she was even also see tear gas deployed near the front that this response was generated by local more unsettled by the lack of Portland of the crowd of protesters. law enforcement officers, those charged police officers behind the fence erected The abrupt and extreme police inter- with serving and protecting the very around the Justice Center. They were vention made Blake immediately fear for protesters they assaulted, members of nowhere to be seen, and that seemed her life. As she tried to leave the scene, their own community. unusual. she saw that suddenly there were large If you would like to share your experi- As dusk approached, Blake noticed groups of heavily armed police officers ence participating in the BLM movement, police officers stationed on top of the standing in defensive lines on each block, please contact Joslyn Keating at joslyn. Justice Center, pointing spotlights down barricading streets, or advancing upon [email protected]. into the crowd. At around 9:30, the dem- the crowd. Blake regrouped with her Joslyn Keating is an attorney in Tigard. onstrators were generally still peacefully partner a few blocks from the Justice She represents employers and businesses.

OREGON WOMEN LAWYERS AdvanceSheet 15 FALL 2020 Children in Immigration Custody continued from page 1 border and another for children detained Depending on the circumstances, the take custody through the juvenile justice system. child may become a ward of the state. and trans- Children detained at the border are This allows the child to seek relief and fer them to referred to as unaccompanied alien chil- protection in the federal immigration the North- dren (UAC). A UAC is defined as a child process by filing for Special Immigrant west Deten- who has no lawful immigration status Juvenile Status3 and other forms of im- tion Center in the United States; has not attained migration relief. However, the wait for in Tacoma, 18 years of age; and has no parent or legal status and protection can take years. Washington. legal guardian in the United States, or Many children file applications for asylum They will face no parent or legal guardian available to in removal proceedings, claiming either removal pro- provide care and physical custody. The past persecution or that the child would ceedings in UAC Program is managed by the Office be persecuted in the future in her home the Immigra- Chanpone Sinlapasai of Refugee Resettlement (ORR) within country on account of race, religion, nation Court the Administration for Children and tionality, political opinion, or membership there, where the case may take months Families (ACF), an operational division or even years to complete. of the U.S. Department of Health and What is our national identity, We, as a nation, continue to struggle Human Services (HHS). with our American identity. We call our- and what are our core values? The 1997 Flores Settlement Agreement selves a nation of immigrants, but what (Flores v. Reno1) is critical in ensuring that Is a core value “protecting” does that mean in light of the obstacles every UAC has access to a custody rede- our borders at all cost, or is it to becoming an “immigrant”? What is our termination, safe placement in a shelter, the conviction that human national identity, and what are our core and family placement, in addition to life and human rights are values? Is a core value “protecting” our due process in the immigration removal borders at all cost, or is it the conviction paramount? case. As in family law, the government that human life and human rights are agencies must act in the best interest of paramount? As we ponder these ques- the child. What we have seen play out in a particular social group. Asylum cases tions, we have immigrant children in this recently are violations of basic human for juveniles before an immigration judge country lacking representation,4 suffering rights, resulting in the death of and are notoriously difficult to win. from separation and trauma, and dying. violence against UACs under the current The second system is for detained chil- As a nation, we must do better. 2 administration’s “Zero Tolerance” policy. dren who have been picked up through Chanpone Sinlapasai is a partner at Recently, in some facilities children have detention in the juvenile justice system. Marandas Sinlapasai Garcia in Lake tested positive for COVID-19. Not all children in detention, however, Oswego and the recipient of the 2018 One of ORR’s most important duties is have a criminal history—some have only Roberts & Deiz Award. to find a suitable sponsor for the child and a violation for being in the U.S. in an to ensure safe transfer to that sponsor. undocumented status. These children Endnotes The UAC are housed in one of the approx- are transferred from the criminal justice 1. Flores v. Reno, No. CV 85-4544-RJK(Px) imately 195 facilities and programs in 23 system to Immigration and Customs En- (C.D. Cal. Jan. 17, 1997), https://www.aclu. states funded by ORR. In these facilities, forcement (ICE). These detainment cases org/legal-document/flores-v-meese-stipu- ORR should provide age-appropriate care are not publicized, and often the children lated-settlement-agreement-plus-exten- and wraparound services for each UAC. arriving in Oregon are from the East Coast sion-settlement. See also Reno v. Flores, While the UAC is detained, the removal or Midwest. Immigration attorneys have 507 U.S. 292 (1993). process begins. UACs are given a notice gotten many complaints that parents 2. For more information on the condition to appear before an immigration judge were not told by federal agents when of detained children at the border, see and must attend a hearing in removal their children were transferred. This is the article in the Spring 2020 issue of the proceedings. Most children have no terrifying to so many children and their AdvanceSheet titled “OWLS Presents Video comprehension of the legal removal families. Because counsel is not provided, CLE on Detention of Children at U.S.-Mexico process in which they are involved. A many family members do not know how Border.” child (from age 1 to 18), if she does not to track the transfer of their children. 3. 8 U.S.C. § 1101(a)(27)(J). have a lawyer, must defend herself in Once a child arrives at an ICE facility, 4. Opportunities for pro bono representa- the removal hearing and try to argue for legal help is available only through word tion of detained immigrant children are protection and relief from removal. Some of mouth. Often one detained youth available. At the U.S.-Mexico border, or- of the children may have been abused, shares with his lawyer that another child ganizations such as Al Otro Lado and Team abandoned, neglected by their family, has arrived. Brownsville provide children with lawyers. or trafficked. These sad factors make the When undocumented children who In Portland, contact immigration nonprofits cases even more complex and require the were detained through the juvenile jus- such as Immigration Counseling Service and work of criminal, immigration, juvenile, tice system, including those who serve Catholic Charities of Oregon – Immigration and family law attorneys. time for a criminal case, turn 18, ICE will Legal Services about pro bono work options.

OREGON WOMEN LAWYERS AdvanceSheet 16 FALL 2020 In Praise of Difficult Women: Life Lessons from 29 Heroines Who Dared to Break the Rules By Karen Karbo (National Geographic Press, 2018, 345 pages) Book Review by Teresa Statler ormer Portlander Karen Karbo description of the woman portrayed: she is “difficult” because she is a woman has written an entertaining book, Elizabeth Warren is (of course) “per- in power who isn’t “shrill, chatty, erratic, Fa vignette-style biography of 29 sistent”; Margaret Cho is “unrestrained”; emotional, or frivolous.” As a result, “no iconic women who lived life on their own one knows what to make of her.” terms and who dared to break the rules. Billie Jean King took tennis seriously Karbo tells the reader that these women and played to win, and because she “have inspired me over the years and to wasn’t there to provide a “floor show” in this moment.” She celebrates their imper- her short tennis skirt, tennis commenta- fect and glorious lives, presenting their tors of the time thought her “extremely successes and failures, and examines the difficult.” Jane Goodall did not go along universal themes that connect us to them: with the “esteemed thinkers” and male “success and style, love and authenticity, scientists’ assessments that she could not daring and courage.” attribute human traits to the chimpan- Karbo states in her introduction that zees she studied in East Africa. Karbo tells “I love these women because they en- us, when speaking of Goodall: “Difficult courage me to own my true nature. They women aren’t all swashbuckling extro- teach me that it’s perfectly okay not to verts who shoot off their mouths and go along to get along.” She hopes her shout down their adversaries. Sometimes readers will be as inspired by them as she they just sit quietly and refuse to pretend is. Difficult women, she says, have one to be agreeable.” trait in common: they “all possess com- Josephine Baker is “gutsy.” Although the Laverne Cox, an African American trans plete indifference to what people think.” chapters vary in length, each gives the woman, “is fully aware of [the dangers Karbo’s subjects come from many back- reader an absorbing portrait of its subject. of being trans], but nevertheless chooses grounds, but all the short biographies in This reader learned interesting facts to put herself out there, challenging the book introduce us to women living about women she thought she knew well. assumptions and making people think.” today or to women who lived in the 20th For example, Karbo tells us that Justice Karbo tells us about these women in century. Some are women we know: Ginsburg held a passionate interest in civil a witty, chatty, yet informative style. She Justice Ruth Bader Ginsburg, Amelia procedure and in the early 1960s she went weaves into their stories anecdotes from Earhart, Rachel Maddow, and Janis Joplin. to Sweden to study it, and as a result, her own life. The book also contains Others are women who are perhaps not she speaks Swedish. Coco Chanel is the a detailed list of sources consulted by as famous, but who lived amazing and only fashion designer to have appeared Karbo on each of her subjects, so that spirited lives while challenging the status on Time magazine’s list of the 100 most the reader can learn more about these quo: Edie Sedgwick, Kay Thompson, and influential people of the 20th century. interesting women. This reader found In Martha Gellhorn, for example. Martha Gellhorn was the first woman on Praise of Difficult Women very inspiring. The book’s chapters are attractively the beach at Normandy on D-Day. The book would make a perfect gift for illustrated by Kimberly Glyder with a Somewhere in each chapter, Karbo tells women of all ages. red and black pen-and-ink portrait of us why, in her opinion, each woman was Teresa Statler has a solo immigration law each subject framed by flower vines. “difficult.” Angela Merkel refuses to be practice in Portland. She is the chair of Each chapter begins with a one-word pigeonholed, Karbo says, and as a result the AdvanceSheet Committee. Julia Markley’s Lucky Encounter with Justice Ginsburg n May 2008, I traveled to Washington, DC, eight months pregnant, to visit family and be sworn in to the U.S. Supreme Court via the Federal Bar Association’s Young Lawyers Iprogram. After the courtroom ceremony, the FBA held a reception for the approximately 25 newly sworn-in lawyers. The FBA had alerted us that sometimes at these receptions, a justice drops by to say a few words. It was our great good fortune that Justice Ginsburg was that justice. We all gathered around in a semicircle to hear her remarks. A few seconds after Justice Ginsburg had con- cluded, my sister Maria pushed me up toward Justice Ginsburg and asked to please take our picture. Justice Ginsburg hesitated, looked at my big round belly, and agreed. Maria snapped the picture. The other admittees saw what was happening and started lining up too. But after my photo, Justice Ginsburg excused herself from the room. A copy of that cherished photo with Justice Ginsburg is in my daughter’s baby book. I’ve added my favorite RBG quotes to the page. Justice Ginsburg is an inspiration to women lawyers and mom lawyers everywhere. Julia Markley, a litigation partner at Perkins Coie’s Portland office, received the OWLS Judge Mercedes Deiz Award in 2013.

OREGON WOMEN LAWYERS AdvanceSheet 17 FALL 2020 The OWLS CLE Speakers Database Needs You

WLS is working to create a database of lawyers who are outside the dominant culture and wish to serve as speakers, panelists, or presenters. Our survey seeks that information and also has space for OWLS Omembers to indicate if they would like training in presenting CLEs or workshops. Oregon’s legal community is filled with such a diversity of talent that it is not acceptable that lawyers are still attending CLEs, workshops, and panel discussions in which all the speakers are straight, cisgender, able-bodied, white men. To participate in, or to check out, our survey, click here. If you have any questions about this project, please contact OWLS Executive Director Linda Tomassi.

OWLS Committees: Call for Volunteers

olunteer committees are the backbone of Oregon Women Lawyers. Committee work is one of the best ways to support OWLS—and make friends and professional connections in the process. Committee mem- Vbers are members of OWLS. Committee work varies in duration and time commitment, with some committees serving as limited-term “project” committees and others providing year-round guidance and oversight for issue areas. Most committees meet once a month or once every two months and can be joined by OWLS members in any location, as meetings are held by phone or video conferencing, as well as in person. The time commitment can be as little as 3–5 hours per month. Please contact the committee chair of any committee you’d like to join. Or respond to this brief 5–7 minute survey to discover the best committee fit for you. We welcome your participation.

OWLS Awards Committee Seeks Nominees for Awards By Adele Ridenour id you know that OWLS has a State Bar Awards, local bar association • Lifetime achievements committee dedicated entirely awards, and various affinity bar awards. • Mentorship of new lawyers and others Dto elevating and amplifying the If you know of an OWLS member that Likewise, if you are aware of an award work of fellow OWLS members within you believe is worthy of recognition, (especially one at the local level) and our community? please email owls.awards.committee@ would like our assistance in nominating As part of OWLS’ mission, the OWLS gmail.com. Frequent areas of personal an OWLS member, please let us know. Awards Committee tracks local, state, and professional achievement that the On behalf of the OWLS Awards Com- and national legal awards and seeks out OWLS Awards Committee seeks to rec- mittee, we hope to hear from you if you proposed nominees from within OWLS’ ognize and highlight are the following: have someone in mind who you believe is membership to nominate for those • Efforts to improve diversity and inclu- worthy of recognition. Thank you. awards. Examples of the types of awards sion within the legal community and for which the OWLS Awards Committee community-at-large Adele Ridenour, OWLS’ secretary, is a makes recommendations are the Oregon • Efforts to improve access to justice litigator at Ball Janik in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 18 FALL 2020