Published Quarterly by Women Lawyers Volume 21, No. 2 Spring 2010 OWLS Bestows Roberts, Deiz Awards By Hadas Cassorla n March 12 contribution to pro- at the Gover- moting minorities in Onor Hotel in the legal profession Portland, 450 people and the community. Co-Presidents gathered for the Mary has been pro- Gwyneth McAlpine 18th annual celebra- moting minorities in Heather Van Meter tion of a strong, ac- the profession and Vice President, tive, and supportive throughout Oregon President-Elect Concetta Schwesinger OWLS community. for many years. She is For the fourth year an active member of Secretary Heather L. Weigler in a row, the Roberts- the Oregon Minority Treasurer Deiz Awards Dinner, Lawyers Association, Megan Livermore highlighting OWLS’ supporting its work mission to transform since it was founded in Historian Kathleen J. Hansa Rastetter the practice of law 1991, and she has been Photo by Jodee Jackson Board Members and ensure justice Sarah J. Crooks (left) and First Lady Mary Oberst a strong supporter of Hon. Frances Burge a n d e q u a l i t y b y the Oregon State Bar’s Dana Forman advancing women and minorities in the legal Opportunities for Law in Oregon program and Cynthia Fraser Shari Gregory profession, was a sold-out event. the Campaign for Equal Justice. She has also Maiya Hall The recipient of the Judge Mercedes Deiz promoted minority interests beyond the legal Heather Hepburn Award was Oregon First Lady Mary Oberst, and community, serving, for example, on the Board Cashauna Hill Kendra Matthews the recipient of the Justice Betty Roberts Award of Trustees of the Oregon African American Linda Meng was Sarah J. Crooks, a partner at Perkins Coie. Museum and spearheading the successful fund- Hon. Julia Philbrook The program began after dinner and a live raising campaign to restore the Kam Wah Chung Hon. Katherine Tennyson Shannon Terry auction benefiting the OWLS Foundation, hosted Museum in John Day. Kate Weatherly by the inimitable Sonia Montalbano. To a standing ovation, Mary received her Jane Yates Hon. Youlee You OWLS Co-Presidents Gwyn McAlpine, knowl- award. With great humility, she said that she edge management manager at Perkins Coie, had not really done anything extraordinary. She Past Presidents Laura Caldera Taylor and Heather Van Meter, a member at Williams credited her parents with talking regularly to Kellie Johnson Kastner, thanked the sponsors of the event. The their children about “fairness, justice, and the Norma S. Freitas evening’s Title Sponsor was Perkins Coie, and the dignity of all people,” and she reminded us that Kate A. Wilkinson Jennifer K. De Wald Diamond Sponsor was Williams Kastner. The many we have many teachable moments. “So, please,” Sarah J. Crooks distinguished judges and guests in attendance she said, “take the time to find those moments, Elizabeth Schwartz were also recognized. The co-presidents paid and talk to the children in your lives. Keep the Lori E. Deveny Debra Pilcher Velure tribute to the memory of two important members conversations—and the work—going.” Marilyn E. Litzenberger of the legal community who died late last year: The Justice Betty Roberts Award recognizes Teresa M. Kraemer Patricia L. Heatherman Kathryn Ricciardelli, former OWLS president, and outstanding contributions to promoting women Julie Levie Caron Nancy Bergeson. in the legal profession and the community. The Phylis Chadwell Myles The Judge Mercedes Deiz Award was then audience was treated to another superb multi- Helle Rode Diana Craine presented to First Lady Mary Oberst. The intro- media introduction, with interview clips from past Kathryn M. Ricciardelli duction started with a multi-media presentation award recipients. Former Justice Susan Leeson, the Agnes Sowle that included inspiring interview clips from OWLS 2004 Roberts Award recipient, introduced Sarah Katherine H. O’Neil members about why Judge Deiz was so important J. Crooks. Drawing a timely similitude, Justice Executive Director to them and the community. The award presenter, Leeson stated that this award, “is equivalent to Linda Tomassi, 503.595.7831 [email protected] Elise Gautier, editor of the OWLS AdvanceSheet, the Academy Awards, only one is for acts, one then introduced this year’s recipient. for actions.” AdvanceSheet Editor Elise Gautier, 503.292.2893 The Judge Mercedes Deiz Award recognizes Sarah has taken action to promote women [email protected] an attorney who has made an outstanding through many organizations. She is, for example, www.oregonwomenlawyers.org Continued on page 4

OREGON WOMEN LAWYERS AdvanceSheet 1 SPRING 2010 Co-Presidents’ Message Congratulations to the olunteer- Their speeches OWLS members appointed Vi n g i s a were inspiring to the bench so far this year: curious thing. reminders that Judge Rebecca A. Duncan Obviously, it is each of us can Oregon Court of Appeals critical to the make a differ- organizations ence as long Judge Suzanne Chanti receiving the as we take the Lane County Circuit Court volunteer ser- first step. Judge Kathy Weber vice, which is K n o w i n g Clackamas County why we say we these women, Circuit Court Gwyneth McAlpine do it. Volun- we also know Heather Van Meter teering, how- that none of ever, can be as valuable to the volunteer them volunteer for the recognition. OWLS Seeks because the sense of pride, purpose, and Rather, they are motivated by the joy of accomplishment we receive by volunteer- helping others and the desire to leave the Nominations for ing often outweighs the time and energy world a better place than they found it. Workplace Leader we expend. In just the past few weeks, The best way you can show your appre- we have seen many OWLS members ciation for our Habitat volunteers, Jane, Award volunteering. Sonia, April, our First Lady, Sarah, and Deadline: June 1 OWLS member Jane Paulson, who all the others, is to find your own way to serves on the board of the Portland af- give back, whether by volunteering for he OWLS Workplace Leader Award filiate of Habitat for Humanity, put us in a charitable organization or contribut- Trecognizes a legal employer mak- ing innovative and effective efforts to touch with an opportunity to participate ing to OWLS’ culture of support and its promote one or more of the following in its Women Build project, a house work advancing women and minorities values: built entirely by women. On a Saturday in the legal profession. You’ll feel great, s AHEALTHYBALANCEBETWEENWORKAND in February, a bumper crop of OWLS someone will get a leg up, and you may life members and friends showed up at the inspire another person to experience the s ACQUIRINGANDMAINTAININGADIVERSE site, ready to work on a simple, decent value of volunteering. workforce with diverse leadership house for a family in need. In March, We have truly enjoyed our years of s MAXIMIZINGOPPORTUNITIESFORWOMEN Sonia Montalbano and April Kusters service to OWLS, the OWLS board, and and minorities to succeed in the organized a cell-phone drive to benefit our community, and we hope that our workplace and advance to positions the Portland Women’s Crisis Line. To date, little bit of service has left the OWLS of influence and leadership. over 50 phones have been collected for community in a better position than when We are not looking for an employer victims of domestic violence. we began. We would like to think that, to exemplify all these virtues. Rather, the The Roberts-Deiz Awards Dinner itself as OWLS’ first co-presidents, we provided award will recognize a specific program, policy, or project that is successfully ad- was organized by volunteers and included an example that career women can ac- dressing one or more of these values. silent and live auctions, which together complish as much, if not more, when We particularly encourage applications raised $16,500 to benefit the OWLS working together. For us, the time and from in-house legal departments, govern- Foundation. The Foundation uses the energy involved was vastly outweighed ment employers, and employers making funds to educate and support women and by the personal reward we gained from strides in recruiting and retaining ethnic minorities in accessing and participating our time with OWLS over the last several minority lawyers and equipping them in the justice system. And, of course, the years. We are filled with a sense of hope for leadership. award recipients themselves, Oregon’s for the future of OWLS and for the future Nominations must include information First Lady Mary Oberst and Sarah J. of women and minorities generally and that will help us evaluate the employer’s Crooks, are super volunteers, donating especially in Oregon. specific program, policy, or project; its hundreds of hours of their time to benefit We thank you for the opportunity to markers of success; and names of people women and minorities in our community. serve OWLS. to contact for further information. Visit www.oregonwomenlawyers.org for more details. Nominations must be received (preferably by email) by 5 p.m. June 1. Gwyneth McAlpine Heather Van Meter Send them to Cashauna Hill, at chill@ Co-Presidents, Oregon Women Lawyers oregonlawcenter.org, or c/o Oregon Law Center, 921 SW Washington, Suite 516, Portland, OR 97205. 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 2010 Save the Date! OWLS Members Launch Opt-In Group uring the first week of January, Marti Long hit a nerve OWLS Fall Conference on the OWLS listserve. She posted a query seeking and Reception Dadvice about applying for jobs after taking a mommy break. The advice and comments starting pouring in. Clearly Keynote Speaker this issue needed sunlight and air. Patricia Ireland Nancy Segal then used the listserve to volunteer to organize Past President, National a get-together of OWLS members interested in discussing Organization for Women opting back into the workforce, prompting board members Shari Gregory and Cynthia Fraser to volunteer to co-facilitate. When nearly 50 members indicated interest, a chat in a home or café was no longer an option. Nancy Segal On February 17, Portland firm Barran Liebman hosted a full conference room of women lawyers at different stages in their careers, with varying reasons for having been out of the legal workforce. Whether it was mommy or medical, two years or 20, many of the concerns and barriers were the same. How do I explain my absence? What is the technology being used now? Where are the best tips for resume writing and interviewing? What about new requirements and skills I might need? How do I Patricia Ireland find my heart in the practice of law? What about the competition? Panelist Those present said they’d like to create an ongoing network of support. Professionals Judge Anna J. Brown opting back in want support for taking small steps back into the professional world, finding part-time and full-time work, and creating a work/life balance. They want Friday, October 22, 3 to 5:45 p.m. a way to share resources, connect with more of Oregon’s women lawyers, and see Join us at 6 p.m. for a reception “success panels”—sessions with women lawyers who have successfully opted in. to honor the recipient of the The group received that evening the option to join a separate listserve, found at OWLS Workplace Leader Award [email protected]; referrals to the Oregon Attorney Assistant Program; and these suggestions for expanding your network and meeting others with similar Portland concerns: volunteer on a project, get involved with a legal organization’s committee, and attend OWLS chapter functions, LEG-Ups, and networking events. If you want to tap into what this group will become, join the Google Group, and Professionals Network keep your eyes peeled for postings about the next meeting. at OWLSNet Event v e r 1 5 0 Court Reporting Olawyers, bankers, ac- Trial Presentation countants, and students at- Legal Videography t e n d e d t h e OWLSNet Net- Interpreter Services working Event at the World Videoconferencing Trade Center in Portland on Document Management February 4. Gwen Griffith The evening started with an address by lawyer and Selected “Best Court Reporting Firm” author Gwen Griffith of Tonkon Torp, based on her new book, Family Wealth For nearly three decades, law firms Transition Planning. have been relying on Naegeli Reporting After the presentation, attendees to provide the tools of control and influence. reconnected with old friends and cre- ated new business relationships with Deposition scheduling available 24-hours a day. professionals in accounting, law, and banking. The evening was made possible by sponsorships from Talbot Korvola & War- Serving all of Oregon, Washington, Idaho and the Nation wick, Tonkon Torp, and the Oregon Bank- ers Association. This annual event was Portland Bend Medford National co-hosted by OWLS, the Oregon Society (503) 227-1544 (541) 385-8300 (541) 776-7500 (800) 528-3335 of CPA’s Career Development Team, and [email protected] www.naegelireporting.com the Oregon Banking Association.

OREGON WOMEN LAWYERS AdvanceSheet 3 SPRING 2010 Enjoying the festivities on March 12 (Left to right) Top: Terri Kraemer, Lora Keenan, Justice Susan Leeson, Judge Jill Tanner, Concetta Schwesinger, Kathi Rastetter, Audrey Matsumonji, Kellie Johnson, Gerry Gaydos Bottom: Laurie Craghead, Ellen Jones, Valeri Love, Megan Livermore,

Liz McNeill, and Gloria Trainor Photos by Jodee Jackson

OWLS Bestows Awards continued from page 1 OWLS Foundation a volunteer attorney for Legal Aid Ser- that at her young age, receiving an award Hosts Terrific Auction vices of Oregon’s Domestic Violence such as this is not typical. Sarah attributes Project, training other attorneys to rep- her ability to do all that she has done By Jill Brittle resent domestic violence victims as well, to her youth, sugar, caffeine, vitamin D, s part of the OWLS Roberts-Deiz and she is on the Campaign for Equal and Perkins Coie. Sarah also spoke of her Awards Dinner on March 12, the Justice Board of Directors. Sarah was a grandmother as setting a great example A OWLS Foundation once again hosted its member of the OWLS Board of Directors of putting charitable work at the fore and annual auction, raising about $16,500. from 1998 to 2004 and served as OWLS teaching her that education is the key More than 150 donors contributed items, president from 2003 to 2004. She has also to unlocking doors. Sarah concluded by including weekend trips, entertainment been active in the National Conference encouraging all present to get involved tickets, jewelry, wine, and many baskets of Women’s Bar Associations, serving on in OWLS’ mission. of special gifts. This year’s Auction Com- its board of directors since 2004 and cur- mittee was co-chaired by Jill Brittle and rently serving as its president. Hadas Cassorla is a contract attorney at Karen Nashiwa. Justice Leeson, and Sarah herself, noted Cassorla Law in Beaverton. Top donors/bidders included Kathy Root, Dina Glassman, Marsha Naegeli, Ira Zarov, Gwyn McAlpine, Carol Bernick, Thank you, 2010 Roberts-Deiz Awards Julie Engbloom, Judge Kristena LaMar, Dinner sponsors, for your support Lynda & Robert Hilliard, Roscoe Nelson, Karen Story, and OWLS chapters through- The 2010 Roberts-Deiz Awards Dinner was another sellout success, out the state. Every donation received was very important, and the Foundation thanks in no small part to our generous sponsors. would like to sincerely thank each donor for contributing. Many thanks also to Title Sponsor: Perkins Coie Sonia Montalbano, our live auctioneer. Diamond Sponsor: Williams Kastner The OWLS Foundation’s new board officers will start their one-year terms on Platinum Sponsors Gold Sponsors May 1. Phylis Myles will serve as board president. Joining her on the OWLS Markowitz, Herbold, Glade Garvey Schubert Barer Foundation Executive Committee are & Mehlhaf SkinnerLopata Harris Aruna Masih, vice president/president- Miller Nash Tonkon Torp elect; Libby Davis, treasurer; Jill Brittle, Schwabe, Williamson & Wyatt secretary; and Trudy Allen, historian. Stoel Rives Silver Sponsors Thank you to everyone who donated Robert D. Varitz Gaydos, Churnside & Balthrop or bid at the auction for supporting Williams Love O’Leary & Powers Gleaves Swearingen Potter & Scott the OWLS Foundation and its mission Special thanks to our volunteer photographer, Jodee Jackson, to promote access to justice for women and minorities. and to outgoing Roberts-Deiz Committee co-chair Kristin Sterling. Jill E. Brittle is a partner at Brittle & Brittle in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 4 SPRING 2010 Meet Judge Rebecca A. Duncan, Oregon Court of Appeals By Cashauna Hill udge Rebecca A. Duncan is the new- During her years at the Appellate busy. Judge est judge on the Oregon Court of Division, Judge Duncan litigated many Duncan said JAppeals. Appointed in January by cases in the Oregon appellate courts. she has been Governor , Judge Duncan When asked to describe her workload, inspired by is the eighth woman and the first career Judge Duncan recounted that she once other wom- public defender to serve on the court. presented five oral arguments before en lawyers A native of a small Wisconsin town, the Oregon Court of Appeals in one and judges Judge Duncan grew up at a YMCA camp day. Decisions were issued in all, and who have ad- and conference center, of which her fa- four of the five decisions were in Judge vanced their ther was the director. In Wisconsin she Duncan’s favor. careers while gained an appreciation for the outdoors, Judge Duncan was encouraged to b a l a n c i n g an appreciation that would later lead her apply for the open position created by their family to make her home in Oregon, with all of Judge Walter Edmonds’s retirement by obligations. Judge Rebecca Duncan its natural beauty. people familiar with her work, including At the close Judge Duncan came to Portland in judges. Raised by her parents to believe of our inter- 1989 to attend Reed College. After two that a person’s talents and energy are to view, Judge Duncan offered the following and a half years at Reed, she returned to be used to serve her community, Judge advice for young lawyers: “Enjoy and Wisconsin to finish her political science Duncan decided to seek the position. believe in the work that you do—that degree at the University of Wisconsin at Having specialized in appellate law and is success.” Madison. After graduating with honors, successfully managed a demanding case OWLS congratulates Judge Duncan Judge Duncan enrolled in law school at load in a subject area that constitutes on her appointment to the bench. She is the University of Michigan. She spent a substantial portion of the Court of running to retain the seat in November, her summers cultivating her interests in Appeals cases, she wanted to offer her in an uncontested election. criminal and international law by clerk- experience and work ethic to serve the Cashauna Hill, an OWLS board member, ing at a district attorney’s office, a public court and the people of the state. She is the fair housing staff attorney at the defender’s office, and a human rights feels blessed to have been supported by Oregon Law Center in Portland. organization. She also spent a semester OWLS members during the application as a full-time extern with the U.S. State and interview processes, as well as since Department’s Office of the Legal Adviser her appointment. in its Office of Law Enforcement and Judge Duncan enjoys her new job; Intelligence. she finds oral arguments particularly SUSAN M. HAMMER After earning her law degree, Judge rewarding. She believes that they are Mediation Services Duncan moved to Portland and began useful in helping the court understand working at the Washington County of- the parties’ positions (and helping the fice of the Metropolitan Public Defender parties understand the court’s concerns), (Metro). As a public defender in Wash- thereby assisting the court in reaching ington County, and later in Multnomah the right result. County, she was responsible for handling Judge Duncan came to the bench with a everything from probation violation hear- wealth of criminal trial and appellate ex- ings to jury trials. She enjoyed helping her perience, and she is eagerly familiarizing clients, learning from other lawyers and herself with the intricacies of civil appel- judges, and playing a role in ensuring the late practice. To do that, Judge Duncan is strength of the criminal justice system. using the same common-sense strategy In 2000, Judge Duncan left Metro for that she used as a criminal defense attor- what was then known as the State Public ney: she sees her new role as an exercise Defender’s Office and is now known as in sorting through the issues to figure out the Office of Public Defense Services – Ap- the puzzle inside of every case. 21 Years’ Experience pellate Division. In 2003, Judge Duncan Judge Duncan is married, and she Innovative Approaches to became the assistant chief defender and and her husband have enjoyed explor- Complex Problems therefore responsible, with the chief de- ing Oregon. They have climbed Mount fender, for managing the division and its St. Helens, canoed in Willapa Bay, and Recognized in ® staff. She managed her own busy appel- kayaked close (but not too close) to orcas The Best Lawyers in America late caseload; coordinated the division’s in the San Juan Islands. For a few years, Distinguished Fellow, response to significant decisions issued they took up distance running, and Judge International Academy of Mediators by U.S. Supreme Court and the Oregon Duncan ran the Portland Marathon twice. appellate courts; and represented the Much of the couple’s adventuring (and all Tel : 503-222-5949 division before the Oregon legislature, of Judge Duncan’s distance running) was [email protected] drafting and testifying about legisla- done before their two daughters were www.susan-hammer.com tion to improve the appellate process in born. The girls are now three and five, criminal cases. and they keep their parents more than

OREGON WOMEN LAWYERS AdvanceSheet 5 SPRING 2010 OWLS Members Are Running for Office By Hon. Jill Tanner wo OWLS members are running Wheeler Counties. A graduate of Seattle and the Spring in contested races this May—Ann University and the University of Washing- 2009 issue of TLininger and Janet Stauffer—and ton School of Law, Janet has practiced this newsletter, one OWLS member, Sandy Webb, will law for many years in Dufur, where she available on- run against an incumbent in the general has been active in the community and line at www. election in November. has served on local school boards and as oregonwom- Ann Lininger is running to retain her a volunteer for Court Appointed Special enlawyers.org/ seat on the Clackamas County Commis- Advocates (CASA). membership. sion, a seat she has held since January In January, In the gen- 2009. Before that, Ann was the director of Janet hosted a eral election, program-related investing at the Meyer total of seven Sandy Webb Memorial Trust. Raised in southern Or- 90-minute in- will run against Sandy Webb egon, Ann has a BA from Yale and a JD formational the incumbent from New York University. She has served s e s s i o n s i n for state representative for District 26, on the boards of several nonprofit orga- five different located in Clackamas and Washington nizations and currently serves as president counties on Counties and including the cities of Gas- of the Oregon Law Foundation. legal topics, ton, Sherwood, and Wilsonville, portions As stated on her website, Ann’s top including drug of Hillsboro and Aloha, and the Char- priorities for Clackamas County are to court, bank- bonneau and Bull Mountain residential get its residents back to work; keep ruptcy, crimi- Janet Stauffer areas. Sandy’s campaign, her first for a vulnerable families and seniors safe and nal defense, legislative seat, is fueled by her belief in healthy; and make careful, efficient use of and estates. She’d like to use the sessions “the possibilities of good governance” tax dollars and other public resources. For as a model for a “community law school” and that “inclusion is key to greater ef- more information on Ann and her goals, program this fall. ficiency and a community’s ability to set please visit www.annlininger.com. If Janet is elected to the bench, she will and reach goals for improvement.” Janet Stauffer is running for circuit be the first woman judge in District 7. A graduate of Towson State Univer- court judge in District 7, which comprises For more on Janet, please see her web- sity in Maryland, Sandy earned a JD Hood River, Wasco, Sherman, Gilliam, and site, www.janetstaufferforjudge.com, at Whittier Law School and an LLM at Georgetown University Law Center. She practiced law in Maryland before moving to Oregon, where she has a solo practice handling elder law, business formation, land use, and real estate cases. Sandy’s consulting service offers analysis and John T. Carr research on environmental, educational, Lisanne M. Butterfield and other projects. Sandy teaches land use and real prop- CARR BUTTERFIELD, LLC erty law to paralegal students at Portland Community College. She participates in CARR BUTTERFIELD, LLC is a small boutique law firm in Lake Oswego, community affairs and volunteers once Oregon. We offer large-firm experience coupled with small-firm, individualized a week at a crisis call center, answering attention. We are dedicated to meeting your legal fees budget and exceeding phone calls from people with drug and your expectations for the highest level of professionalism. alcohol problems or considering sui- u Legal, Compliance & Defense Services to cide. In her spare time, Sandy trains for Investment Advisors & Financial Professionals triathlons, in which she has competed since 2005. u Complex Business Litigation Sandy says that the most important is- u Employment Law & Exit-strategy Advice sue facing Oregon and the people in her u Mediation/Arbitration Services district is stable funding for education. u 40+ Years of Combined Legal Experience She believes that the solution can be found in “kicker reform and a real rainy 155 B Avenue, Suite 240, Lake Oswego, OR 97034 day fund.” She also wants to ensure that Phone: 503.635.5244 “we have a stable long-term water future www.carrbutterfield.com and programs to protect the environment and our energy future.” You can find more information about Sandy at www.electsandywebb.com.

Hon. Jill Tanner is the presiding magis- trate of the Oregon Tax Court.

OREGON WOMEN LAWYERS AdvanceSheet 6 SPRING 2010 Checking In with the OSB’s Diversity Administrator By Teresa Statler rank Garcia Jr., the diversity admin- firms give funds and are “sponsors” in employment istrator at the Oregon State Bar, is OLIO, the bar’s ethnic minority law stu- retreats, and Fin charge of several programs at dent recruitment and retention program. n e t w o r k i n g the bar, including the Affirmative Action The efforts have resulted in a compre- events and by Program (AAP) and Opportunities for Law hensive fundraising strategy that now implementing in Oregon (OLIO). In May 2010, he will allows sponsors to determine in advance a peer-men- have been on the job for two years. The their annual financial contribution for tor program. AdvanceSheet spoke to Frank about the the academic year. In the current down In addition, progress these programs have made un- economy, Frank is proud of having been OLIO works der his direction, as well as his goals and able to raise $40,000 for OLIO in his first with law firms, priorities for the next several years. year and $50,000 in his second year. corporations, Frank, who has a master’s degree in Frank has also provided information to government Frank Garcia Jr. higher education administration, came the OSB Board of Governors about what agencies, and to the bar after working in the bank- the AAP does and its value. He notes that public interest groups to find summer ing industry, where he applied diversity current trends indicate that when the clerkships for participants. Frank says management principles“ in pursuit of 2010 census results are released, we’ll find that these programs, along with OLIO’s increasing organizational performance that one in four Oregonians is a person bar exam workshops, “lead to higher and profitability. He has also worked of color. Thus, Frank says, “diversity is graduation and bar passage rates for in Oregon state government, leading everybody’s business.” minority law students.” efforts to increase workforce diversity OLIO is the AAP’s main non-allocative The AAP’s allocative programs include and inclusion. program. Frank describes it as an enrich- eight annual $2,000 scholarships for According to the bar’s website, the ment program for minority law students which entering and current Oregon law AAP’s mission is “to support the mission at all three Oregon law schools, a sort of school students who intend to practice of the Oregon State Bar: by promoting “acculturation” to the law. OLIO helps law in Oregon are eligible. Recipients are respect for the rule of law, by improv- carry out the AAP’s mission to increase the selected based on financial need, quali- ing the quality of legal services, and by diversity of the bar’s membership by hold- fications to help further the program’s increasing access to justice.” The AAP ing an orientation for new law students mission, and other considerations. Other does this by “striving to increase the in the summer, study-skills workshops, Continued on page 8 diversity of the Oregon bench and bar to reflect the diversity of the people of Oregon, by educating attorneys about the cultural richness and diversity of the “A Portland lawyer clients they serve, and by removing bar- called me at riers to justice.” The AAP’s programs are either “allocative” or “non-allocative.” 4:12 pm and asked Allocative programs are open to any law if I could get him student who can advance the AAP’s mis- a reporter that sion; non-allocative programs are open only to law students from historically afternoon and underrepresented communities. again the next day. One of Frank’s first tasks at the bar was to reestablish the good will between The location was We offer the same services as the other top the Oregon State Bar and the minority aboard a Greek Portland reporting firms. We deliver the legal community, after prior difficulties same high quality product. The difference is in that regard. He did so by reaffirming ship which could our personal commitment to superior service. and focusing on longstanding programs only be reached of the AAP, like OLIO, showing that the by a short ride Our reporter and a Greek interpreter were bar’s commitment to diversity is clear on board until 2:00 am and back later that day. and unwavering. Frank said he has also in a small boat Our client was impressed, of course. strengthened the AAP budget, which was and a long climb in a deficit when he arrived, by cutting If you want service, call Teach. 503.248.1003 costs and overhead; coming up with new up a rope ladder. It’s all about service. fundraising ideas, including expanding There was only sponsorship opportunities for firms, companies, and individuals; and conver- one thing to say. sations he has had with Oregon lawyers and others in the legal community. “Of course.” For example, Frank recommitted to 1500 SW First Avenue, Portland, OR 97201 working with the organization Friends —Catherine Teach 503.248.1003 or 800.230.3302 of OLIO, through which individuals and

OREGON WOMEN LAWYERS AdvanceSheet 7 SPRING 2010 A Visit with OWLS Board Member Cynthia Fraser By Mavel Morales n OWLS member since its incep- managed the agency’s first Alternative Lastly, Cyn- tion, Cynthia Fraser welcomed Dispute Resolution Program. thia advises, Athe invitation to become an OWLS Cynthia is now an owner at the law “find a way to board member in 2008. One of only a firm Garvey Schubert Barer, where she stay connected few women on the board with over 20 has worked since early 2005. Based in w i t h o t h e r years’ experience in the law, she says Portland, she focuses in the areas of lawyers in the the board’s energy and dynamism make eminent domain and property tax and c o m m u n i t y it unlike any other board on which she valuation. The practices have interrelated and in your has served. principles, and she feels fortunate to have area of prac- Cynthia, a native Oregonian hailing more than one legal specialty. In addition, tice.” Join a from Eugene, earned a BA in history at Cynthia continues to pursue her passion board or other the University of Oregon in 1980 and a as a mediator and arbitrator and has been organization Cynthia Fraser JD at the University of Oregon School of named by her peers to The Best Lawyers in that interests Law in 1987. Between college and law America in the area of alternative dispute you and contribute in a significant way. school, she worked as a pacesetter and resolution for 2008–2010. If a board doesn’t fit you, Cynthia says, manager at Nordstrom’s Place Two store Cynthia says that her greatest gift and resign and find a board that does, so in Eugene. Despite her success in retail, passion is being a mom to her wonderful you can excel at what you are doing. she decided to follow in her father’s foot- ballerina daughter, Keena. When she isn’t “Excelling at extracurricular activities will steps by pursuing a law degree. After all, busy supporting her daughter’s involve- expand your network of colleagues and she had grown up being cross-examined ment with the Portland Festival Ballet ultimately enhance your career.” at the dinner table by Robert Fraser, so Studio, you can find her sailing with her Cynthia credits her success to hard how hard could cross-examination by a husband near Eugene. work, wonderful mentors, and a sup- law professor be? Cynthia’s advice to new attorneys is portive husband, Phil Griffin, who is After graduating from law school, threefold. First, always be professional. also an attorney and shares in raising Cynthia spent three years in private Your professional behavior reflects well their daughter. Cynthia encourages new practice before dedicating the next 16 on you and will contribute to your long- attorneys to reach out to the legal com- years of her career to the public sec- term success. Second, find a specialty munity for career support, noting that tor. She worked first as a trial attorney and pursue it professionally and through “many wonderful mentors are out there, with the Oregon Department of Justice, bar activities. Condemnation law found willing to share.” specializing in condemnation- and her—that’s what she was hired to do Thank you, Cynthia, for your commit- transportation-related litigation, and at the DOJ—but she pursued speaking ment to OWLS. then for the Oregon Department of engagements and bar work to become Mavel Morales is an attorney at the Transportation, where she created and recognized as a specialist in the field. Oregon Law Center in Hillsboro.

Checking In with the OSB’s Diversity Administrator continued from page 7 allocative programs include bar exam to explore opportunities with both the opportunities that require research grants, clerkship stipends, and public Classroom Law Project and the Portland and writing for OLIO students honors fellowships. State University (PSU) Office of Diversity s)NCREASINGBAR EXAMPASSAGERATESFOR Under Frank’s leadership, the bar has and Multicultural Student Services to OLIO students by focusing training recently partnered with local community- create a gateway to the legal profes- efforts on the Multi-state Bar Exam based organizations such as the Urban sion and to increase access to justice. In s"ECOMINGARESOURCETOBARMEMBERS League and the Hispanic Chamber of partnership with the Multnomah Bar As- in identifying career development and Commerce in Portland to spread the word sociation, the programming at PSU may professional advancement strategies that the bar is focusing on access-to-justice include lunch programs, guest speakers, s#OORDINATINGANDFORMALIZINGhPIPE- issues and is interested in increasing the panels, informal and formal mentorship line” strategies across the Oregon legal bar’s diversity. Additionally, the bar has opportunities, LSAT preparation courses, profession fostered increased dialogue with, and and a “Law Day,” to name a few. s "UILDINGLONG TERMRELATIONSHIPSWITH alignment of diversity programs across, Frank said that in addition to continu- local community-based organizations the specialty bars. For example, the bar ing to advance all AAP programs and that serve populations from histori- held a Diversity Summit last November, OLIO, his short-term goals for the AAP cally underrepresented communities co-sponsored by OWLS, to bring a broad include these: s )NCREASING THE DIVERSITY OF THE BARS cross-section of the membership together s )NCREASINGTHE!!0STAFFTOTHREEFULL membership to “take stock” of the bar’s diversity work time employees within the next 18 OWLS congratulates Frank on his en- over the last 35 years and identify new months ergy, dedication, and hard work as the opportunities for the future. s #ONTINUINGTOEXPANDTHE!!0SFUND- bar’s diversity administrator. We wish him One of the key themes that emerged raising base, and raising $50,000 for well in this important work. from the summit was “educational pipe- OLIO this year Teresa Statler, a sole practitioner in Port- lining.” To that end, the bar has begun s)NCREASING INTERNSHIP AND CLERKSHIP land, practices immigration law.

OREGON WOMEN LAWYERS AdvanceSheet 8 SPRING 2010 Thank You, Outgoing OWLS Board Members he OWLS Board of Directors is a While Heather Van Meter wasn’t busy with career working board. Board members becoming a member in the Portland of- t r a n s i t i o n s , Tlead, mentor, govern and solve fice of Williams Kastner, she was leading personal crises, problems; generate ideas, momentum committees and organizing professional drug and alco- and sponsorships; and are generous with and community service activities. Heather hol counseling, their time, talent and resources. OWLS is put the spotlight on the work needed in and general grateful to five outgoing board members Oregon to increase diversity on the bench, wellness. As for their dedicated service to the OWLS and she puts her time where her values assistant di- mission and to the community. are by co-chairing OWLS’ Judicial Work rector of the Gwyn McAlpine and Heather Van Meter Group and coordinating statewide Road Oregon Attor- provided an alternative leadership model, to the Bench presentations with Judge ney Assistance serving as OWLS’ first co-presidents. Katherine Tennyson. She also co-chaired Program, she Shari Gregory In addition to serving as an OWLS offi- the 2009 Fall CLE Committee, bringing counsels indi- cer for years, Gwyn was co-captain of the Sarah Weddington and a diverse panel of viduals and groups, coordinates women OWLS Dragonflies. She is always willing other accomplished lawyers to Portland. lawyers’ retreats, and is the go-to person to help, and her energy and skills have She never let her busy litigation practice for lawyers who need a hand at whatever been a wonderful addition to the OWLS get in the way of her duties as co-presi- stage in their career. OWLS is grateful for Executive Committee. Recently, Gwyn’s dent. A hearty thank-you, Heather. Shari’s energy, leadership, and commit- career focus changed as she became When Cynthia Fraser saw that OWLS ment to OWLS. Perkins Coie’s first full-time knowledge members were starting a conversation OWLS also thanks Maiya Hall Olson for management (KM) manager. She “is about “opting-in” to the workforce after her service on the OWLS board. For years responsible for providing structure and a parenting or other career break, she Maiya has been involved in the Leader- access to the firm’s work product, exper- took notice and told the board that the ship Committee and coordinating LEG- tise, and resources, which allows our at- time to address this topic had come, and Ups and has provided hands-on assistance torneys and paralegals to produce a high she volunteered to help facilitate. Cynthia to staff for OWLS events. Her enthusiasm quality work product more efficiently.” is featured in this issue just in time for us for OWLS is infectious. Maiya will soon Gwyn brought her KM expertise to OWLS, to thank her for her service. take a break from private practice to be and she knows she will not be taken off Shari Gregory has dedicated her career with her first child, and we wish Maiya speed-dial anytime soon. to helping people, especially lawyers, the very best on this new journey. Brooks Brothers Offers Tips on SUSAN Z. WHITNEY Career Wardrobe By Helen Yu Arbitrator WLS was pleased to have our January O14 LEG-UP event hosted by Brooks Brothers at its downtown Portland store. The Brooks Brothers style team provided simple tips and suggestions for maximiz- ing one’s professional wardrobe. The style team emphasized the impor- tance of having a streamlined profes- sional wardrobe that focuses on a few key pieces. Our diverse group of law students, new admittees, and seasoned practitioners was well advised to “keep it simple, keep it conservative.” Maintain Contracts • Construction • Real Estate a few key items that you can rely on— Appraisers • Architects/Engineers • General Business perhaps some non-iron shirts in classic colors that compliment suits or separates, Attorney for 31 Years • 15 Years’ Arbitrator Experience to which you can add personal touches by accessorizing. The staff also showed how Reasonable Hourly and Daily Rates simple alterations can dramatically im- prove the look and fit of one’s wardrobe. 503-223-4951 Our sincere thanks to Brooks Brothers fax 503-954-1542 for generously sharing its store, refresh- ments, and expertise with OWLS. [email protected] www.susanzwhitney.com Helen Yu, is an attorney with Yu & Yu in Corvallis.

OREGON WOMEN LAWYERS AdvanceSheet 9 SPRING 2010 THE JUDGES’ FORUM self on the other Raising Judges end until the governor himself once read a vivid article about a suggested it. “It unique breed of workers, Columbia prompted soul I River bar pilots. With its treacherous searching, but bar creating breath-holding navigation in the end, the hazards, the Columbia River requires more I consid- highly experienced and trained pilots By The Honorable Cheryl Albrecht ered it and talk- to steer cargo ships through one of the Multnomah County Circuit Court ed with judges most daunting waterways in the world. about it, the Hon. Cheryl Albrecht Their numbers are few—16 pilots (includ- more I realized ing one woman) comprise the Columbia I’ll have Judge Maurer’s insight. But how that my heart is in public service, and River Bar Pilots organization. The work would I decide between ‘sustained’ or that I truly care about what happens in is dangerous. Using nothing but a rope ‘overruled’ as fast as they do?” this courthouse.” ladder, pilots climb aboard towering Once I had my brain wrapped around Recognizing the powerful effect of oceangoing ships in frigid, dark, stormy the idea, I initiated the process to obtain such contacts and guidance, the OWLS seas. Since the organization’s inception pro tem approval by submitting an ap- Judicial Working Group (JWG) coor- in 1841, about 24 pilots have died in plication to the Multnomah Bar Associa- dinated Road to the Bench programs such conditions. It’s not the kind of job tion Judicial Screening Committee. After around the state, and incorporated you look for on Jobdango.com. Pilots receiving approval, I was available to fill outreach to potential applicants into its are drawn from the ranks of top ship in for referees as they took vacations or efforts to provide support and network- captains and have to pass rigorous testing moved around to different courtrooms. I ing for members pursuing judgeships. to obtain a pilot’s license. knew right away it was a good fit. When Co-chaired by Judge Katherine Tennyson OK, so the only storm that’s threatened Judge Michael McShane was appointed and Heather Van Meter, members of the to blow me out to sea is a storm of pa- to the Multnomah County Circuit Court, I OWLS JWG talk with OWLS members perwork. But it struck me that bar pilots applied for his full-time pro tem position and other lawyers and judges all over are like judges in the sense that the jobs and was hired for the job. the state to help identify future judges, require specialized skills and are filled Two articles I read recently about and then call those individuals. “People using nontraditional hiring practices. At judges’ gender and race pointed out respond really well,” said Judge Tenny- the time they become pilots and judges, how coming from different perspectives son, who has been active with the work it’s a calculated gamble as to whether affects decision making. To me, the effect group from the beginning. “It gets them captains and lawyers can reconfigure of gender and race on judicial decisions interested and they start envisioning the and expand their accumulated skills to pointed out the importance of increasing possibilities.” meet the new and different challenges. diversity within the judiciary and got me Triggering the “envisioning” process Some people may have the vision to see to wondering about ways to do that. I is especially important considering the themselves making this transition, but remembered my own experience, and historical lack of diversity in the Oregon many other qualified people would never how one phone call changed my whole judiciary. It can be difficult to see yourself seek the job without the gentle nudge future. in a job when you don’t see anyone who of mentoring and recruitment. “Judge Welch told me, ‘You should looks like you. “I assumed being a judge My own story is an example. Even think about this,’” Judge Katherine would never happen to someone like though I spent lots of time in the court- Tennyson said about how she became me,” Judge Darleen Ortega noted. “It room as a criminal defense attorney, interested in the judiciary. Similarly, Judge was seeing women like Judge Leeson on being a judge did not enter my mind. I received encouragement the bench that encouraged me because watched judges have very moving con- from Judge Mercedes Deiz. “She was the she was relatively young and I identified versations with their probationers during first person to say to me that I would be with her as a woman.” violation hearings. Sometimes I longed a good judge because ‘I had fire in my In recent years as OWLS has initiated to step away from my legal advocacy belly.’ Her vote of confidence in me was discussions about increasing the number role and speak to my clients struggling a surprise and a humble moment for me, of minority and women judges, there with addictions and mental illness in that but it planted a seed that grew.” was “overwhelming feedback that there same directive way. Still, I did not even Judge Kelly Skye, formerly Governor were not enough qualified candidates think about being a judge until one day Kulongoski’s legal counsel, assisted him in the pipeline,” says Judge Tennyson. when Judge Alicia Fuchs, then serving in making his judicial appointments. She Road to the Bench seeks to rectify that as a full-time judge pro tem, called me. spoke with the governor “a lot about by providing a broad range of support She knew I was thinking about my next what qualities make a good judge, how for applicants, including providing ap- career step and said, “I think you’d like different experiences and backgrounds plication materials, giving information this job.” It started quite the internal dia- contribute to the bench, what the job and support throughout the selection logue: “Hmmm. Judge. Judge Albrecht. actually entails and what types of rewards process, reviewing application materials, The Hon. Cheryl Albrecht. Weird. But not it brings, whether judges really make a offering sample interview questions, and that weird. Yeah, that would be alright. difference in our machine of a system, conducting mock interviews. Additionally, I wonder what it’d be like on the bench. and how judges can and should con- OWLS and a number of other diversity- Maybe I’ll be as organized and thorough tribute to the legal community and the related organizations sponsored a CLE as Judges Wilson and Frantz. Or maybe community at large.” She never saw her- titled “The Road to the Federal Bench” on

OREGON WOMEN LAWYERS AdvanceSheet 10 SPRING 2010 April 8 in Portland, featuring Judge Ancer Haggerty and providing an inside look at CLE Addresses Nonverbal Communication the selection process for federal judge- By Yumi M. O’Neil ships. [Please see story on page 12.] n place of a February LEG-Up event, the OWLS Leader- Judge Ortega, who has turned mentor- ship Committee partnered with the OWLS Foundation to ing into a fine art, noted the importance present a CLE and fundraiser on February 11 in Portland, of getting people on the bench whose I generously hosted by Garvey Schubert Barer. Proceeds will perspective is underrepresented. “We support the Foundation’s grants, which include bar exam need to put lots of energy into helping grants to single custodial parents and grants to organiza- minority attorneys succeed in the profes- tions that support the Foundation’s mission. sion from the beginning, to figure out Sari de la Motte, CEO and founder of Nonverbal Solutions, ways to help people strategize and put spoke about how attorneys can use nonverbal strategies their best selves forward instead of trying to communicate more effectively with clients, colleagues, to squeeze them into the box that already and the court. Sari explained that nonverbal intelligence exists, and to listen to the experiences of involves systematically using nonverbal cues such as eye Sari de la Motte minority attorneys and walk with them on contact, voice pattern, and gestures to build and preserve relationships. the long journey so we really understand The nonverbally intelligent attorney is aware of and accommodates other people’s what they are facing.” needs by using “approachable nonverbal cues” or “credible nonverbal cues,” depend- Every state judge has to go through an ing on the situation. When the focus is on the relationship and on seeking information, election. The Road to the Bench programs the attorney should adopt approachable nonverbal cues, such as tilting her head or provide information about the election bobbing it up and down, using a voice that curls up at the end of statements, and process, and OWLS is a tremendous source keeping her palms face up. When the focus is on issues and on conveying information, of networking and support for candidates she should use credible nonverbal cues, such as keeping her head still, using a voice in contested elections. As Judge Skye that curls down at the end of statements, and keeping her palms face down. noted, “The thought of running for office Studies have shown that up to 95% of messages come from nonverbal commu- is intimidating.” nication, and if the speaker’s nonverbal cues are incongruent with what she says, I made the move from pro tem judge the listener will put more weight on what the nonverbal cues transmit. As a result, to circuit court judge via a contested attorneys should understand the important role that nonverbal communication plays election. If I never saw myself as a judge, when developing their professional skills. I certainly never saw myself running a campaign for judicial office. I came from Yumi M. O’Neil, an OWLS Foundation board member, manages the training of judicial the state of Louisiana, where people get clerks at the Multnomah County Circuit Court. to know you by asking, “Who’s Your Daddy?” and almost all politicians include their nicknames in parentheses on the of- ficial ballot. Imagine voting for “T-Boy,” “Pappy,” and yes, even “Bubba.” It was encouragement from Judge Nely John- This way to the future. son and Judge Ortega that gave me the Announcing a new law firm 20+ years courage to take on the daunting task of in the making. Foster Pepper LLP has a campaign, and I assuredly would have changed its name to Roberts Kaplan LLP. never done it without them. Same practice. Same people. Same As Judge Tennyson noted, “We have commitment to helping our clients an obligation to reach back and pull achieve their business goals. people along with us.” I can’t help but Our women lawyers: think of it another way: it takes a village Jacqueline Bishop Nancie Potter to raise a judge. Faith Graham Rebecca Thiebes Janet Larsen Photo by Heather Van Meter Photo by Heather Van Lucy Forsten and other OWLS members participated in the Women Build project of Habitat for Humanity’s Portland SWNDAVENUE SUITEPORTLAND OREGON affiliate in February. The house was built TOLL FREEROBERTSKAPLANCOM entirely by women.

OREGON WOMEN LAWYERS AdvanceSheet 11 SPRING 2010 Women, Minorities Encouraged to Apply for Judgeships By Heather L. Weigler ver 50 lawyers attended the CLE to be [before Senator Wyden took over “The Road to the Federal Bench” the process] and today is that there is “More of you need to Oon April 8, a CLE designed to en- a process and it’s binding,” noted Lou envision yourselves as courage and equip women and minority Savage, who served as state director for federal judges.” attorneys to seek positions in the federal then-Congressman Wyden. judiciary. “We got to see why the selection “Women and minorities are not ap- committee worked when Senator Smith bench increasingly reflects the evolving propriately represented on the federal took over the process,” said Josh Kardon, demographics of Oregon by encouraging bench . . . and part of the problem is that explaining that Senator Smith’s recom- more women and minorities to apply for they don’t envision themselves as federal mendations were rejected before he also future openings.” judges. More of you need to envision formed an advisory committee. Having a Even if you’re not interested in serving yourselves as federal judges,” advised formal process creates greater confidence on the federal bench, you can help ensure Josh Kardon, former chief of staff for in the selection, and it can help ensure that more women and minority attorneys Senator . that diversity and cultural competence are apply by knowing about the process and Josh was joined by Jeanne Atkins, state factored into the process. The committee encouraging others to consider applying. director for Senator and is specifically charged with considering Judge Haggerty, for instance, had not an OWLS founding board member; U.S. the candidates’ commitment to making considered throwing his hat into the ring District Court Judge Ancer L. Haggerty; access to justice a reality and the impor- until he was encouraged to do so by one and Lou Savage, senior policy advisor for tance of diversity on the bench. of OWLS’ founding members, Katherine the Oregon Department of Consumer and Diversity is also a primary consideration O’Neil. Support from colleagues is also Business Services, in a panel discussion when the selection committee members critical during the selection process. “Your moderated by OWLS Past President Kate are chosen. Although some members are networking should be geared toward Wilkinson. The event, held in Portland, selected by the junior senator, most com- your peers and leaders of the bar—the was co-sponsored by Oregon Women mittee members are selected by Senator more you become known the better,” Lou Lawyers and the Oregon Minority Law- Wyden, and he has made an effort to explained. “You need a stellar reputation yers Association, Oregon Asian Pacific include women, minorities, Republicans, as a lawyer, and you need to be engaged American Bar Association, Oregon Gay and attorneys from across the state as in local and statewide civic activities . . . and Lesbian Law Association, Oregon committee members. During the most The committee wants to know you’ve got Hispanic Bar Association, OSB Affirmative recent selection process, his staff asked compassion for people and a passion for Action Program, OSB Diversity Section, OWLS to recommend women attorneys your community.” and Disability Rights Oregon. from outside the Portland area to sit on Applicants must also have demon- the committee. Josh advised audience strated the legal ability to be a federal How Federal Judges Are Selected members interested in serving on the judge. Qualified candidates will have Although the president of the United committee to communicate their desire federal litigation experience (or handle States ultimately nominates each federal to OWLS and to Senator Wyden’s staff. the types of cases that federal judges judge for confirmation by the Senate, handle), a strong work ethic, and a judi- each state’s senior senator (or, if the Creating a More Diverse Federal cial temperament and demeanor. “We president belongs to a different party Bench and Preparing to Apply appreciate seeing applicants express a than the state’s senators, the senior U.S. Judge Haggerty noted that Oregon is vision for what is needed on the federal representative in the president’s party) likely to have two openings for federal bench and enthusiasm for something recommends U.S. District Court nominees judges in the next three or four years, and other than themselves,” said Lou. “Ap- to the White House. In Oregon, where the the panelists agreed that it’s important plicants need to have thought about process is directed by Senator Wyden, an to start planning to apply early. “You why they are applying and how they see advisory committee of geographically, should start thinking about whether themselves as federal judges.” politically, and racially diverse litiga- you would like to be a federal judge at The panelists also agreed that it’s im- tors, including men and women, screen the beginning of your career,” said Kate portant to be true to your own values, applications, conduct interviews, and Wilkinson. Applicants sometimes spend and selecting your party based on the investigate applicants’ reputations and decades planning to apply for an opening current political landscape can backfire. backgrounds. Committee members then on the federal bench, and it’s critical to Because the process for selecting federal cast votes for the applicants they think build a pipeline of women and minority judges is not governed by statute, it can should be nominated, and the names attorneys who are prepared to apply for a change drastically, depending on which ranked the highest are forwarded to federal judgeship. “One of the problems I party is in power at any given time. the president. saw this last time is that while the current Knowing others who are politically ac- As the senior Democrat in Oregon’s population of non-Caucasians in Oregon tive and share your values, however, congressional delegation when President has grown, the bar numbers haven’t kept can help you build a network outside Clinton was in office, Senator Wyden ad- up with that growth, so you don’t get the the legal community that is ready to opted the use of a selection committee. same broad range of candidates from support your application when the time That committee recommended Judge non-Caucasian bar members,” said Josh. comes to apply. Haggerty for Oregon’s federal bench. “That’s why we’re here to talk about the Although a well-placed call can “The biggest difference in how it used process, to help ensure that the federal make a difference in the committee’s

OREGON WOMEN LAWYERS AdvanceSheet 12 SPRING 2010 deliberations, Jeanne Atkins cautioned rent political climate, and nominees are Prof. Pamela Karlan candidates to vet their references. “Think subject to intense background checks about who the senators are and ask your- by the FBI. In addition, publications the Speaks at Lewis & Clark self whether they would want to hear nominee has written and cases he or she By Hon. Jill Tanner from that person—and about whether has handled can affect how easily the that person is really behind you,” she nominee is confirmed. amela Karlan, a professor of public advised. At the same time, deluging the The panelists said that the senators are Pinterest law at Stanford Law School, senators’ offices with calls is unlikely to committed to working with organiza- eloquently delivered her remarks, en- be helpful and may actually hurt your tions such as OWLS and the other event titled “Old Reasons, New Reasons, and application. “You need to campaign with- co-sponsors to increase the number of No Reasons,” to attorneys, professors, out looking like you’re campaigning,” minority and women judges, so that and law students gathered for the second explained Josh. the bench will reflect the population it annual Hon. Betty Roberts Women in the serves. For more information about the Law Program, held on March 9 at Lewis The Nuts and Bolts of importance of diversity on the federal & Clark Law School. the Application Process bench, visit www.oregonwomenlawyers. The co-director of Stanford’s Supreme In addition to advice about how to deal org. OWLS is poised to assist its members Court Litigation Clinic, Professor Karlan with the political considerations in the interested in careers in the state and specializes in constitutional law and litiga- process, the panelists offered practical federal judiciary by providing its Road to tion, including voting rights, civil rights, suggestions for submitting written mate- the Bench handbook, conducting mock and criminal procedure. Her intellectually rials and interviewing with the selection interviews, and offering other support. stimulating talk, interspersed with pas- committee. Under the current process, For more information about how OWLS sages from Shakespeare, examined the applicants are asked to submit a letter can help you on your road to the bench, reasons set forth by the U.S. Supreme of interest and a resume. The committee please contact Heather L. Weigler at Court in some major decisions that found asks each applicant who is selected for an [email protected]. no violation of the U.S. Constitution. interview to also complete an extensive OWLS and its co-sponsors thank the At the reception following the talk, questionnaire and submit additional ma- panelists for sharing their time and in- Karlan and former Justice Betty Roberts terials, such as letters of recommendation sight into the federal judicial selection visited with friends and colleagues. or references, a list of publications, and process. Thanks also to Williams Kastner The Hon. Betty Roberts Women in the the names of opposing counsel. “Part of for providing refreshments. Law Program is made possible through the process is figuring out who this person Heather L. Weigler is OWLS’ secretary an endowment by Portland law firm and is,” said Lou. If selected for an interview, and an assistant attorney general with OWLS supporter Williams Love O’Leary applicants are not asked about how they the Oregon Department of Justice. & Powers. would decide a particular case, but they need to be able to think on their feet and engage the panel in a discussion. “It’s like any other job interview,” said Josh. “Be prepared. If you have a weakness, look at it as an opportunity to convince the panel that you can overcome it.” Applicants should also think seriously about whether they have any blemishes that could affect their application. “Sena- tors choosing federal judges are like vot- ers choosing their elected officials. They want someone who knows what they’re doing and someone who will represent them well and not embarrass them,” explained Jeanne. In addition to conduct- ing their own investigations, selection committees often receive unsolicited comments that call applicants’ legal eth- ics or tactics into question or raise other issues, ranging from messy divorces to speeding tickets. “Some issues you can address head-on with the committee, but some you might need help addressing. If you think you may have a problem, talk to the senator’s staff for counsel about how serious it is and how to best address it,” Josh suggested. Additional challenges face those nominated to positions on the federal bench. The confirmation process can be long and difficult, especially in the cur-

OREGON WOMEN LAWYERS AdvanceSheet 13 SPRING 2010 Around Oregon Queen’s Bench, L&C Students Host Mixer By Susan O’Toole Cascade Women Lawyers. Cascade ueen’s Bench and the Women’s Law Caucus at Lewis & Clark Law School hosted Women Lawyers hosted networking their annual spring mixer on March 3 at the law school. Over 50 attorneys and lunches on Jan. 13 and March 10 in Bend, Qlaw students mingled and enjoyed complimentary wine and appetizers. and plans to continue every-other-month The speaker for the event was Kellie Johnson, former OWLS president, former lunches for the remainder of 2010. For member of the Oregon State Bar Board of Governors, and current disciplinary counsel more information, please see the OWLS at the Oregon State Bar. Kellie gave an inspiring speech, focusing on her path to a events page online or contact Lori Harris career in the law and on people who had helped her along the way. Hancock at 541.749.4060 or lhancock@ Kellie recalled asking her high school counselor for advice on how to become a schwabe.com. lawyer. After looking at her grades, the counselor told her she should marry her Prince Clackamas Women Lawyers. On Jan. 21 Charming and apply for a job at the post office. Kellie did not let this disappointment the Clackamas chapter enjoyed a night stop her, however, and she followed At the mixer, from left: Kellie Johnson, at the theater to see The Only Way Out Stacey Sedgwick, and Saba Ahmed her dream to become the lawyer Is Through, and on Jan. 28 the chapter she is today. Kellie advised young hosted a CLE titled “Arbitration in the lawyers to build relationships and Tri-County Area.” Chapter member Sonya not let anyone stop them on the Fischer’s performance in Twelve Angry way to their dreams. Lastly, Kellie Men & Women was the incentive for said, we should all remember those the chapter to enjoy another evening of who came before us and made our theater on Feb. 11. Clackamas Women dreams of a law career possible. Lawyers organized a table at the Roberts- Susan O’Toole has her own practice Deiz Awards Dinner in March, and the in Portland, specializing in envi- group is planning a wine tasting tour ronmental law and now accepting in Yamhill County on April 24. For more contract attorney work. information, see the OWLS events page online or contact Ann Ledgerwood at Legal Aid Services offices. On Jan. 20 troubled economic times. [email protected]. OWLS Historian Kathleen Rastetter pro- On March 3 Queen’s Bench and the Josephine County Women Lawyers. vided an oral history of women lawyers Women’s Law Caucus at Lewis & Clark JCWL continues to meet monthly for and jurists in Marion County. On Jan. 21 Law School hosted a well-attended lunch and conversation at the Bistro in MLLS co-sponsored, with Willamette networking reception at the law school. Grants Pass. For upcoming dates and University College of Law and the Marion [Please see story above.] At the March 9 times, please see the OWLS events page County Bar Association, a social with the lunch, Maggie Finnerty, of the Lewis & online. You can learn more about JCWL by Oregon Minority Lawyers Association at Clark Small Business Legal Clinic, talked contacting Victory Walker at tjepwalk@ Mahonia Hall. about what the clinic does and how it can budget.net. On Feb. 16 MLLS and Willamette help attorneys. For more information, see University Women’s Law Caucus held the OWLS events page online or contact Lane County Women Lawyers. LCWL and an evening event with speakers Brenda Susan O’Toole at [email protected]. the University of Oregon Women’s Law Rocklin, CEO of SAIF Corporation, and Forum held their second annual “Dress Rebecca J. Bloom Chapter (Umatilla Kim Larson, director of victim assistance for Success” event on April 8 in Eugene. and Morrow Counties). The Rebecca J. for the Marion County DA’s Office, both Lawyers and professors donated gently Bloom Chapter meets monthly for lunch of whom spoke about nontraditional used suits and shoes to benefit St. Vincent at El Charrito in Pendleton. For more legal careers. The chapter hosted a lunch de Paul’s Ruby Tuesday program, which information, please see the OWLS events on March 16 featuring Oregon Deputy provides vocational training and assis- page online or contact Sally Anderson Attorney General Mary Williams, and tance to women in Lane County. For in- Hansell at [email protected] a Courthouse Connection and CLE on formation about upcoming LCWL events, or 541.567.7800. March 19, at which Courtland Geyer see the OWLS events page online. discussed child abuse reporting. For more Rogue Women Lawyers. All RWL events Linn-Benton Women Lawyers. LBWL information, contact Shannon Terry at are listed on the OWLS events page on- meets every other month for dinner 541.554.6915 or shannon.a.terry@ojd. line. For more information, contact Jamie and networking at Sybaris Restaurant state.or.us. Hazlett at [email protected]. in Albany. LBWL meeting dates can be Queen’s Bench. Queen’s Bench meets for Washington County Women Lawyers. found on the OWLS events page online. lunch the second Tuesday of the month WCWL meets on the third Tuesday of For more information, contact Fay Stetz- at Rock Bottom Brewery in downtown each month for a brown bag lunch at Waters at [email protected]. Portland. The speaker on Jan. 12 was the Washington County Courthouse. Mary Leonard Law Society. On Jan. 19 Michael Dwyer, who discussed achiev- Oregon Court of Appeals Judge Rebecca MLLS kicked off the new year by host- ing “congruence” in one’s personal and Duncan spoke at the Feb. 16 meeting. ing a Courthouse Connection and CLE professional lives. Sandra Hansberger, For more information, or to become titled “Foreclosure Issues and Scams” executive director of the Campaign for involved with the chapter, contact Mary in partnership with the Marion County Equal Justice, spoke on Feb. 9 about how Bruington at [email protected] Bar Association and the Marion and Polk legal aid is faring in Oregon during these or 503.846.3413.

OREGON WOMEN LAWYERS AdvanceSheet 14 SPRING 2010 2010 Session Wrap-Up number of lawyers have filed to run for the legislature this November. At least he legislature wrapped up a 22 candidates have some legal training, four-week whirlwind session in and most of them are OSB members. Two Tlate February, having addressed a of those, incumbent Representative Cliff handful of major issues and leaving most Bentz (R-Ontario) and Josephine County others on the table. Deputy DA Wally Hicks (R-Grants Pass) are Among the final bills passed by the running unopposed. Mr. Hicks is the only legislature were SJR 41 and SB 998, which nonincumbent who is running unopposed will send a ballot measure to the voters for the House. in November that, if approved, would By Susan Evans Grabe One race that will likely garner sig- amend the Oregon Constitution to re- nificant attention this fall is between cycle. While this decline did require quire annual legislative sessions. Under two OSB members in Bend. Incumbent some adjustment, the drop was less than the proposal, the legislature would meet Democratic Representative Judy Stiegler some had feared and did not require any for 160-day sessions during the traditional is facing Bend attorney Jeff Conger. In immediate budget cuts, due in part to odd-numbered years, and for 35-day ses- 2008, Stiegler became the first Democrat savings realized by revising the Business sions during even-numbered years. SJR 41, to win a House race east of the Cascades Energy Tax Credit program. Further bud- which appeared dead in the final days of since 1996, and most observers of Oregon get reductions appear likely if forecasts session, was the result of a last-minute politics expect this race to be one of the continue to decline, which could affect compromise between House and Senate most fiercely contested House races in the courts, the public safety system, and leadership. The original Senate proposal Oregon, as Republicans try to gain back the rest of the state budget. required shorter sessions, and the House seats lost in the last election. The text of the legislation introduced proposal allowed longer ones. For more information, visit the Oregon and enacted can be found on the legisla- Lawmakers received sobering but not Elections Division website, www.sos.state. ture’s website, www.leg.state.or.us. unexpected news early in the session, or.us/elections/, or the OSB Public Affairs when the state economist released the Looking Ahead website, www.osbar.org/pubaffairs. latest revenue forecast. The February pro- jection had revenue down an additional As we look toward next session, it’s Susan Evans Grabe is the public affairs $183 million for the 2009–2011 budget worth noting that a relatively large director at the Oregon State Bar.

From left: Carol Bernick, Judge Darleen Ortega, Judge Rebecca Duncan, and Dana Sullivan The OWLS Litigation Mentoring Circle, featuring mentors Dana Sullivan, #'!   !!  #' of Buchanan Angeli Altschul & Sullivan, and Carol Bernick, of Davis     $!    $ Wright Tremaine (DWT), met once a month for a year to dissect the  ! "#"( $#  "& ! anatomy of a trial. The final meeting was held at DWT in March, with " ' " % ! guests Judges Darleen Ortega and Rebecca Duncan from the Oregon Court of Appeals. The judges advised the group about the nuances of presenting a case in front of the busy appellate court.       

   Support OWLS’ mission by advertising in this newsletter.          Contact OWLS at 503.595.7831 or [email protected]. "' $ "%!$ "     

OREGON WOMEN LAWYERS AdvanceSheet 15 SPRING 2010 Oregon Women Lawyers PRSRT STD P.O. Box 40393 U.S. POSTAGE Portland, OR 97240 PAID PORTLAND, OR PERMIT #2346

Spring 2010 Printed on recycled paper

Mass Career Customization: Aligning the Workplace with Today’s Nontraditional Workforce By Cathleen Benko and Anne Weisberg (Harvard Business School Press, 2007) Book Review by Hon. Jill Tanner

regon Women Lawyers annually and reduced hours/part-time) are not to shift as well, because all four dimen- honors an Oregon legal employer necessarily a successful way to address sions are interdependent. Owith the OWLS Workplace Leader a career-life-fit, MCC is built on a lattice MCC can be adapted to a workplace Award. Among the values recognized by organization that allows for multiple, when the contemplated change is the award is the promotion of a healthy varied career paths. The lattice orga- evaluated and the outcome successfully balance between work and life. A help- nization’s framework covers four core matched to the service to be delivered. ful guide for those who want to achieve dimensions of a career: pace, workload, The book describes how three different recognition as a workplace leader is location, and role. Pace is how quickly an organizations, SAS (software develop- Mass Career Customization, written by employee moves to an increasing level ment), Arnold Porter (attorneys), and two professional women employed by of responsibility and authority within Ogilvy & Mather (marketing consultants) Deloitte. the organization. Workload allows for have built a lattice-like model into suc- The words in the book’s title set forth a range of work hours, from full-time to cessful organizational structures and the concept—Mass applies to the whole reduced hours or days per week. Location processes. The Deloitte experience is also organization; Career pertains to how addresses not only where the work is recounted. careers are built; and Customization is done but when the work gets done. Role In less than 200 pages, the authors suc- the key to the concept that allows career comprises the organization’s business cinctly describe the process and candidly paths to be personalized. Mass Career and the employee’s position, job descrip- admit that the challenges of implement- Customization (MCC)* is not only the tion, and responsibilities. Together, the ing the process demand commitment. name of the book but also a framework employer and employee focus on each For them, there is no alternative but to that allows people to fit their work into dimension. There is no inherent priority adopt MCC. It offers the opportunity to their life, and their life into their work, among the core dimensions, and, in fact, change current attitudes of exception and commonly referred to as career-life-fit. priorities often shift as an employee’s accommodation to the norm in order to The authors observe that rather than life and career change over time or the address the six key trends affecting the placing work and life as opposing forces, organization changes. workforce: the shrinking pool of skilled a better approach is to consider work and The cornerstone of MCC’s success is labor, changing family structures, increas- life in tandem, which is captured in the commitment to an on-going dialogue ing number of women in the workplace, term career-life-fit. between the employee and employer. changing lifestyle expectations of men, MCC is a customized model for build- One of the most appealing aspects of emerging expectations of Gen X and Y, ing careers and developing talent in a MCC is the willingness of the employee and growing technological impact. Mass workplace that needs to change with and employer to adapt to each other. For Career Customization is a book that could the expectations of the workforce. “MCC example, a single person without children easily generate a lively discussion and is born out of the reality that today’s may place less priority on leisure time provides inspiration for those seeking workforce is highly nontraditional while (pace), but his or her priorities concern- change in the workplace. today’s workplace is not and that demand ing how much to work (pace) and where *”Mass career customization” is a for talent will outpace supply for the next and when to work (location) may shift patent-pending process owned by Deloitte twenty or so years” (p. 149). after marriage, the birth of a child, or Development. Starting with the premise that flex- other significant personal life-changing ible work arrangements (for example, events. If one or two of the dimensions Hon. Jill Tanner is the presiding magis- flextime, telework/telecommuting, gain priority, the other dimensions have trate of the Oregon Tax Court.

OREGON WOMEN LAWYERS AdvanceSheet 16 SPRING 2010