March 2006 Volume 52, Number 3 and Leadership for Our Members and Our Community

MuLTNoMAH LAwYER

Lawyers associated for justice, service, professionalism, education March 2006 Volume 52, Number 3 and leadership for our members and our community. From the President MBACLE By Kelly Hagan, MBA President and Schwabe Williamson & Wyatt. To register for a CLE, please see the inserts in this issue or go to e business, property and 10. Committee chair reports www.mbabar.org. affairs of the association shall a. 8:15 a.m. Group Insurance be managed by a board of b. 8:22 a.m. Judicial Screening March directors composed of thirteen 11. 8:29 a.m. YLS update Wednesday, March 8 persons, all of whom shall be 12. 8:36 a.m. ED update Annual Presiding Court regular members. e board 13. 8:41 a.m. Adjournment Update alone shall have the authority Hon. Dale Koch and responsibility to take public I’m generally a stickler for running meetings on time, but I think Hon. Marilyn Litzenberger positions or make public statements on behalf of we went a few minutes over on this one. Thursday, March 16 the association. ese positions or statements must Oregon Supreme Court be reduced to writing and must be reviewed and • We welcomed former MBA president Albert Menashe, now on Update approved by the president or the president’s delegate the OSB BOG, and got his update on the OSB’s plans for a new Keith Garza Paul Levy before being publicized. * * * building. Wendy Margolis Section 4.1, MBA Bylaws, as amended. • A new affinity partner, Bank of the Cascades, introduced its Tuesday, March 21 A New Perspective on Jury e above-quoted portion of the association’s bylaws makes executive team and inaugurated what we hope is a fruitful long-term relationship. Selection two points that I wish to emphasize this month. e first Bob Wagner is that only the board may speak for the association. e • e board approved last month’s minutes, concisely draed president advises and consents on public pronouncements, Thursday, March 23 by om Brown, our Secretary. Nancie Potter, our Treasurer, Clark County Presiding Court but the power to take public positions rests with the board. reported on our financial position, which is sound. Update If it is not already clear, then let me make it so: I speak for Hon. Robert Harris myself in these columns, and only myself. • e Nominating Committee presented a slate of officers and e second is that management of the association rests with new directors for the program year beginning July 1, 2006. April the board, not the president. To say the president is ‘first e slate was approved by vote of the board and you will find Wednesday, April 5 among equals’ is probably fair, but even at that a bit vain. the results reported elsewhere in this issue. Annual Judges’ Trial As you might imagine there is no shortage of opinions or Practices Update leadership among the association’s directors, and no MBA • e board discussed the goings on at the Multnomah County Hon. Kathleen Dailey president strays far from the consensus of the board. And Commission: the stalemate on an east county facility, the Hon. Nan Waller while one member of the board is singled out as president, in prospects for a new county courthouse, and whether eminent Hon. Janice Wilson truth the association’s affairs are entrusted to all its directors, domain should be exercised to keep a new courthouse and the directors in turn place a great deal of responsibility downtown. May with our staff, led by Executive Director Judy Edwards. Tuesday, May 2 • e board took up the request of an ABA committee to Annual Probate Update endorse its report on immigration reform. e board voted to Hon. Elizabeth Welch Aer nearly five years on the board (FIVE?!), what the MBA decline the ABA committee’s invitation, citing the complexity Board does and how it operates is second nature to me, but of the issues given the time allowed, and the limited scope of it must be a bit of a mystery to most of the membership. e the MBA’s political mission. board’s February agenda is representative: In This Issue • e board discussed our judicial screening process and, in MBA Board Meeting Announcements...... p. 4 anticipation of several gubernatorial appointments in the next Ethics Focus...... p. 4 Tuesday, February 7, 2006, 7:30 a.m. few years, resolved to review the process top to bottom at Around the Bar...... p. 7 the board’s retreat in June. Of particular concern are strictly Tips From the Bench...... p. 8 Time Topic maintaining the confidentiality of the committee’s sources, News From the Courthouse.. p. 8 New Pullout Section 1. 7:30 a.m. OSB BOG welcome remaining relevant to the Governor’s appointment process, Profile – Judge Ryan...... p. 9 2. 7:31 a.m. Bank of Cascades Presentation and avoiding liability exposure to the association. YLS...... p. 10 3. 7:41 a.m. Minutes of previous meeting Classifieds...... p. 14 4. 7:42 a.m. Treasurer’s report • Mike Bloom and Judy Edwards reported on the progress of MBA Open House...... p. 16 th 5 7:44 a.m. Nominating Committee report the MBA’s 100 Anniversary festivities: the gala celebration th 6. 7:47 a.m. County judicial facilities update on May 13 , the preparation of a commemorative publication, 7. 7:55 a.m. ABA Committee on Immigration the association’s community gi, the production of a video for MULTNOMAH BAR the gala and a host of other activities. ASSOCIATION 8. 8:00 a.m. JSC discussions with Governor’s office 620 SW 5TH AVE SUITE 1220 9. 8:10 a.m. 100th Anniversary update PORTLAND, OREGON 97204 • Committee chairs Jeff Crawford (Group Insurance) and Steve 503.222.3275 Blackhurst (Judicial Screening) presented the mid-year reports FAX 503.243.1881 of their committees. WWW.MBABAR.ORG MULTNOMAH BAR ASSOCIATION PRSRT STD • Eric Waxler, YLS president, was unable to remain for the 620 SW FIFTH AVE., SUITE 1220 U.S. POSTAGE entire meeting and his report was tabled. PORTLAND, OREGON 97204 PAID • Executive Director Judy Edwards provided a combination of PORTLAND, OR updates, reminders, and information-only items to the board. Judy does a great job of keeping all of us on course. PERMIT NO. 00082

So much for a day in the life of your MBA Board. Along the way, we were able to generate some good-natured ribbing, some spirited but thoughtful debate, and a ra of agenda items for future meetings and the annual retreat. Your board of directors is working hard for you and the association. Join me in saying thanks to this able and dedicated group of colleagues. M u L T N o M A H LAWYER M A R C H 2 0 0 6

BOARD OF DIRECTORS

MBA Board of Directors �� President Kelly T. Hagan President-Elect � Peter H. Glade Secretary Thomas W. Brown �� Treasurer Nancie K. Potter Past President �� Sylvia E. Stevens Directors Eric Waxler YLS President �� Lori E. Deveny ABA Delegate �� Simeon D. Rapoport Helen T. Smith

Agnes Sowle �� Diana I. Stuart Michael H. Bloom �� Michael Dwyer �� David A. Ernst �� Christine M. Meadows �� Executive Director Judy A.C. Edwards Director, Member Services �� Guy Walden �� Director, Events and Programs �� Kathy Maloney

Administrator, Member �� Services and Events Noëlle Saint-Cyr �� Administrator, Accounting and ��