WWL's 2012 Annual Event

A PUBLICATION OF WASHINGTON WOMEN LAWYERS FALL 2012

WWL’s 2012 Annual Event

By Margeaux Davitte are leaders of our legal community, Seattle University 2L board members of numerous charitable Inside This organizations, mothers, daughters, ath- Energy filled the room as letes and much more. attendees began to arrive for the Octo- Issue Each year, WWL honors an attor- ber 12, 2012 Washington Women Law- ney who has been instrumental to fur- WWL’s 2012 Annual Event, yers’ Annual Banquet and Awards ther integrating women in the legal page 1 Ceremony. This year was the first time field with the Legacy Award. This year’s the Annual Event was to take place in WWL President’s Message, Legacy Award recipient was Kitsap Tacoma, and it proved to be a fabu- page 2 County Superior Court Judge M. lous success—every seat was filled. Karlynn Haberly. Fellow Kitsap Coun- Annual Event CLE - Serving The evening kicked off with time to Nonprofits, page 2 ty Superior Court Judge Karen Conoley mingle and enjoy a drink, all while presented the award to her long-time Q&A with Sheryl Gordon touring the exceptional Art Gallery at friend and colleague. Judge Haberly McCloud, page 3 the Museum of Glass. The Museum of was most deserving of this award. She Glass was a lovely venue for the Remembering Judge Betty has been active in WWL for over thirty event. The banquet room dazzled with Binns Fletcher, page 5 years and helped found the Kitsap each table decorated with beautifully Chapter Updates, page 6 County WWL Chapter. Judge Haberly crafted, glass-blown pumpkins, creat- humbly accepted the Legacy Award ed by local high school students. and spoke of the vast differences in the WWL’s outgoing president, Ali‐ legal field from when she began her son Bettles welcomed the energetic career in 1978 and today. In 1993, she WWL Mission WWL members and supporters by was only the second woman to ever acknowledging the purpose of the serve on the Kitsap County judicial Statement Annual Banquet—to highlight the bench; currently Kitsap County’s bench great work WWL has done through- has a 5-3 split—women making up the out the past year, and to recognize the majority. All those present felt Judge outstanding women whose incredible Haberly’s pride in WWL as she spoke The principal purposes of commitments of time and talents about the hard work and dedication of Washington Women Law- helped make these achievements pos- WWL members to make such achieve- yers are to further the full sible. ments possible in 2012. integration of women in the The theme of the event was Throughout the entire evening the legal profession, and to “Lead, Serve, Balance,” showcasing room was filled with laughter and promote equal rights and the ability of women in the legal prac- chatter as WWL members exchanged tice to be leaders, public interest sup- stories about their time in the legal field opportunities for women porters, and also maintain a healthy and appreciated one another for their and to prevent discrimina- work/life balance—certainly a chal- contributions to WWL. The awards tion against them. lenging task! The room was filled with women who embrace this theme and (Continued on page 8)

1 A PUBLICATION OF WASHINGTON WOMEN LAWYERS FALL 2012 WWL President’s Message

By Jeanne Marie Clavere tainability, and we as current mem- WWL President bers and supporters of Washington Renew or Join Women Lawyers are responsible for I am excited and proud to have the gains that we have achieved in the WWL Today been nominated President of Washing- last 40 plus years. ton Women Lawyers. This will be quite the year – of change, of a deeper under- Learn more about the value of mem- standing of our Mission Statement, and bership & renew your membership of a strongly forged connection of our on-line at: www.wwl.org/Membership. organization’s principled history with the urgency of the moment and with our commitment to furthering the Beginning on January 1, 2013, chap- rights of women in our society and in ter dues will be reduced by $10 for the legal profession, particularly wom- government/non-profit employees. And for all others, no increases in en who bring diversity to our profes- WWL President Jeanne Marie Clavere sion. dues! We all are stewards of the mission WWL’s Mission Statement is as fol- of Washington Women Lawyers. Yes, lows: Is there still work to be done after we have our own vocation, our own The principal purposes of the legal successes of the past 42 years passions, and our own skills. But we Washington Women Lawyers since WWL was formed? Does the also have responsibilities: to ourselves, are to further the full integra‐ rhetoric that we were taught, and that to our families, to our friends, and to tion of women in the legal we believed, fully exist in our real our careers. With 2013 fast approach- profession, and to promote lives and those of our sisters, our niec- ing, our lives and our society are head- equal rights and opportunities es, our daughters and our colleagues? ed for yet another busy year. Yet for women and to prevent dis‐ amidst the inner daily grind and the crimination against them. Or, could it be that cultural trans- outward volatility, let us join to be formation is much harder than legal Our responsibility to stewardship stewards of our future. reform? Consider the following: and commitment to this Mission State- th Let us look at this concept of stew- ment comes to us by our education,  The United States is 90 in the ardship. This is an ethic that embodies through our ability to evoke change world in terms of women serving responsible planning and management by our standing and inﬂuence as attor- in national legislatures. of resources. This is a concept of sus- neys and judges. (Continued on page 7) Annual Event CLE: The Rules, Ethics, and Duties of Serving on the Board of or as Counsel for a Nonproit Organization

ing, an additional twenty-one people ganizations (WAACO) Program Man- By Megan Wargacki, Ph.D. participated remotely. The seminar, ager, kicked off the seminar by wel- Seattle University 3L “Serving Nonprofits From The Inside coming the audience and introducing (Board Service) and Out (Counsel),” the distinguished panelists. The first On the first misty afternoon in was arranged in conjunction with the speaker, Judith Andrews, described months, twenty-eight enthusiastic October 12, 2012 Washington Women what every Board member should seminar participants gathered in a Lawyers (WWL) Annual Event. understand about corporate and state beautiful, spacious conference room law requirements for nonprofit overlooking downtown Tacoma, Jodi Nishioka, Washington Washington. Thanks to live webcast- Attorneys Assisting Community Or- (Continued on page 8) 2 A PUBLICATION OF WASHINGTON WOMEN LAWYERS FALL 2012

Q&A with incoming Justice Sheryl Gordon McCloud

(Ed. Note: Sheryl Gordon McCloud was pret the world, so I think itʹs im- WWL: Please describe some of the recently elected to Position 9 on the Wash‐ portant for people with a variety most memorable challenges you have ington State Supreme Court and will take of life experiences to be part of the faced as an attorney. office in January 2013.) conversation about the importance of SGM: I will never forget the few weeks constitutional and individual rights Washington Women Lawyers: What leading to the upcoming execution date and the meaning of the law. Iʹm made you decide to run for the Wash‐ of a client who had been sentenced to proud to bring my background to the ington State Supreme Court? death following conviction of two mur- Court, and Iʹm proud of every other ders. I was in emotional turmoil; we Sheryl Gordon McCloud: I argued my member of the Court who brings a were seeking any new evidence or is- first appeal as a law student, in 1982, in different background. Itʹs important sues we could find that might help the Ninth Circuit, in a civil rights case - to have all those viewpoints at the spare the clientʹs life, and then we lost and won. Iʹve been jazzed about ap- table. what we thought was our final legal peals ever since then. I felt that with argument in Clallam County Superior appeals, you could influence the law for Court on the Friday before Thanksgiv- more than one single person; you could ing several years ago. But that impact everyone that the appellate de- night, we learned something stun- cision would affect. So I clerked for an ning: a previously unknown witness appellate court judge; I learned how to had come forward to the prosecutor, do jury trials at the public defender; I that very Friday afternoon, disclosing began taking on appeals at the public that he had heard a confession to the defender; I did pro bono appellate two murders—but the person who con- work for the ACLU; and then I opened fessed was someone other than our cli- my own practice and tried to focus on ent! We turned our entire attention to appeals. By 2012, I felt that I had taking all the practical and legal steps enough appellate experience in enough necessary to get this information in levels of appellate courts (especially the front of the court, to try to stay the exe- state Supreme Court) with enough cution, and to preserve that stay all the different types of cases that I could Incoming Justice Sheryl Gordon McCloud, way up to the Supreme Court. We did make a strong contribution as a Justice. courtesy of Sheryl Gordon McCloud it. More accurately, my co-counsel did Then, the stars aligned: Justice Cham- WWL: Who are some of your most most of that. The execution was bers chose to retire, so there was an influential mentors? stayed. Several years later, based on open seat with no incumbent; I won more newly discovered evidence, the some significant appellate victories in SGM: When I was in law school, I conviction was reversed. That was the the preceding months and could took several classes from then USC most memorable challenge, and not the turn to a new challenge; and my young- Law, now Yale Law Prof. Judith Res- most fun. est son was off to college. So, I decided nik. She was one of the most knowl- to run because of experience, passion, edgeable, fearless, curious, inquisitive, WWL: Describe your proudest accom‐ ability to contribute, and timing. and demanding people Iʹve ever met. plishments. She also had a great overview of law WWL: How will your experiences as a SGM: Iʹm at a point in my life where I and society, so she could help you woman and as a former union member am reflecting a good deal on family, make sense of how different disci- shape your decision‐making on the probably because both of my parents plines, values, decisions, etc., affected bench, if at all? passed away within the last few years, each other and could change our fu- and we have had to deal with sickness SGM: The job of a judge is to uphold ture. She demanded the best from me, and health in much more intense ways the constitution, apply the law, and and every once in a while I stepped up than when we were younger. As I re- protect individual rights. Sounds ob- to the plate. I still seek her guidance flect on my family, I feel that my two jective enough. But our experiences on maintaining appropriate vision and shape how we perceive and inter- values. (Continued on page 4)

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Incoming Justice Sheryl Gordon Washington State Supreme Court. ent walks of life, in so many different McCloud Q&A, continued from page 3 What difference, if any, will that parts of the state, that I learned more make? about our state than I ever dreamed sons are my proudest accomplishments was possible. I learned how grateful (though I bet they would say that they SGM: In some ways, no difference at people are in the more rural areas to are their own accomplishments, not all. Like Justice OʹConnor, I believe have statewide candidates take the time mine!). They are good, moral, intelli- that men and women who are just and to come out to talk and listen to them. I gent, caring, and funny guys. wise should come to the same decision learned how appreciative people were on the same issues, regardless of their WWL: What qualities do you believe of those who run for public office. I personal feelings. Specifically, there are important in a judge? was embarrassed by a veteran at a should be no difference in each of the building tradesʹ charity motorcycle SGM: A judgeʹs job is to make good Justicesʹ dedication to justice, willing- ride who thanked me for my service— decisions, based on the constitution and ness to assume leadership roles in fos- when he was the one who had served the laws, regardless of whether the de- tering equality and justice for all, and his country by putting his life on the cision is going to be popular. taking seriously our duty in the ad- line. I learned so much about the brav- Thus, while a judge certainly needs to ministration of justice. But in other ery and problems and hopes of the peo- be intelligent, hardworking, industri- ways, there will be big differences. ple of our state that I never would have ous, and ethical, his or her most im- I believe that our life experiences known. Plus, I learned that Pullman portant quality is independence. Only affect our views of the world—they has the best lentils while Pacific County a judge who is truly independent will shape our hopes and fears, they influ- clearly has the best oysters. be able to make the tough calls that ence our abilities to lead and follow, uphold the constitution, protect our they affect our ability to change, and WWL: What challenges do you antici‐ rights, and provide equal justice even they impact our readiness to trust (to pate facing in your new role as a Wash‐ to those who are unable to afford a give just a few examples). Womenʹs ington State Supreme Court Justice? good lawyer. life experiences are often quite differ- SGM: I expected the challenges of (1) ent than menʹs. Having people with WWL: What do you hope to contribute doing the homework to delve into new both sets of experiences at the table as the newest member of cases and new areas of the law, should provide for a richer discus- the Washington State Supreme Court? (2) shifting from a small firm to a large sion. Finally, there is symbolism. A institution, and (3) not being able to SGM: Unlike many members of the Court with a majority of women sym- schmooze about cases and issues Court, I have a strong background in bolizes womenʹs ability to achieve, with my friends and colleagues in the criminal defense, in public defense, and and all of our ability to work together bar. I did not expect how disconcerting with claims concerning race and gender towards the greater good. That sym- it would be to realize that I need to and the justice system. I will draw bolism can be very powerful. find an apartment and—even more from what I have learned in those areas WWL: What advice can you offer to challenging—a boxing gym thatʹs good to contribute to both administration members of Washington Women Law‐ for me in Olympia. And I donʹt know and decision-making. In addition, like yers and to female attorneys in gen‐ how Iʹll wake up every morning in many members of the court, I love roll- eral? Olympia without my husband bringing ing up my sleeves and digging into me my hot cup of coffee. new issues and engaging in the back- SGM: There are mentors of both gen- and-forth that helps produce the best ders, all ages, and all races, from all WWL: How do you unwind? result; I look forward to contributing areas of law, who are dying to help SGM: Hitting punching bags, or jog- that. Finally, as a longtime member of you. ging, or biking or rollerblading. Good the Committee charged with writing WWL: What did you learn from the food. Paintings. And Jeopardy. and rewriting Washingtonʹs pattern process of campaigning for your seat jury instructions, I hope Iʹve grown WWL: What are your favorite parts of on the Washington State Supreme accustomed to using plain and readable Washington State? Court? language. Iʹd like to contribute that SGM: I love looking out the back of a skill, too. SGM: I was not a believer in elections ferry boat to the skyline of Seattle, in- as the way to choose the best judg- WWL: When you join the Court, wom‐ cluding the new ferris wheel, at night, es. But I ended up meeting so many en will make up the majority of the different people, from so many differ- (Continued on page 5)

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Washington Women Lawyers Remembers The Honorable Judge Betty Binns Fletcher (1923‐2012)

By Karrin Klotz former Supreme Court Associate Jus- that she always attended family events tice William O. Douglas. From 1972- that required travel with a small suit- WWL Legacy VP 1973 she served as the first female case full of clothing and her personal We would like to ask all WWL president of the King County Bar As- effects and a large suitcase full of legal members to join with us in remember- sociation. briefs. Judge Fletcher was a wonderful mentor to women attorneys and wom- ing Judge Betty Fletcher, who died on In 1979 she became the third en law students, and we are all grateful October 22, 2012. Judge Fletcher was a woman to be appointed to the Ninth for all she did for all of us over the pioneer and an inspiration to all of us. Circuit Court of Appeals, as the nomi- years, both personally and in light of Even though she graduated first in her nee of President Jimmy Carter. Judge her legal decisions. law class at UW Law School in 1956 she Fletcher became renowned for her was not able to immediately find a posi- pragmatic, progressive, key opinions Karrin Klotz, Co‐VP of the Legacy tion in a local firm, or even obtain inter- on civil rights, employment law, Indi- Project, was privileged to have been able to views with many firms, because she an law, water rights, and environmen- interview Judge Fletcher a year before she was a female graduate. She finally ob- tal law matters, most notably for her died, and did so in Judge Fletcher’s cham‐ tained a position at Preston Gates and dissenting opinion in the case which bers, for over an hour, even though Judge Ellis when she interviewed with a part- upheld the “don’t ask don’t tell” rule Fletcher was at that time using a walker. ner who had been first hired by Betty for the military. In later years she When the interview was completed Judge Fletcher’s father, also a lawyer, as her agreed to take senior status in order Fletcher immediately resumed her work. father’s firm’s first Jewish attorney, in that her son, William A. Fletcher, WWL has archived that interview, and a order to “give him a chance.” The part- could be appointed to the Ninth Cir- clip from it appears in the recently updated ner said he would return the favor and cuit bench, under pressure from a po- film “Her Day in Court.” hire Betty Fletcher. She subsequently litical caucus in the U.S. Senate. She became the first woman to become a subsequently continued to take on a partner at a major Pacific Northwest full-time load, until the day of her law firm when she ultimately became a death. Her family members report partner at Preston. Her clients included Incoming Justice Sheryl Gordon WWL: Is there anything else you Save the Date McCloud Q&A, continued from page 4 would like to share with members of Washington Women Lawyers? with the brightly colored lights reflect- ed in the water. I love running the SGM: Some of the people who were 2013 Annual Reverend Dr. Burke-Gilman trail in August and then most supportive of my candidacy Martin Luther King, Jr. picking and eating the blackberries on were other female judges and retired Luncheon the trail afterwards. I love it when we judges. Some of them had never once can spot orcas in Puget Sound. I get a agreed with a position that I had ad- Friday, January 18, 2013 kick out of the chainsaw art contest in vanced in their courts! But that didnʹt Noon - 1:15pm Sheraton Seattle Hotel Sedro-Woolley. Iʹm a big fan of the matter. They knew that I was not the Registration Page sum of my different clients. They rhododendrons in bloom on the Capitol Campus, especially after a difficult ar- knew that we all valued experience, gument. I appreciate the walrus gar- quality, and fairness. Those same peo- 26th Annual goyles on the Arctic Club building ple are waiting for other quality candi- Goldmark Award Luncheon dates. They are mentors out there just across the street from the light-rail sta- February 15th, 2013 waiting for you to reach out. Consider tion surrounded by the public art mu- Noon - 1:30PM rals in downtown Seattle. And I really it. Westin Hotel, Seattle like that hotel in downtown Spokane Registration Page that has a huge, original, Remington sculpture right there in the lobby. 5 A PUBLICATION OF WASHINGTON WOMEN LAWYERS FALL 2012 Dispatches from the Field: WWL Chapter Updates

UW Law Women’s Caucus Spokane Chapter This year has been off to a busy and rewarding start for the University of Washington Law Women’s Caucus. Spokane Chapter of Since September, we’ve welcomed over Washington Women Lawyers sixty new members to our chapter and eight 1L board members, connected with women lawyers in the Seattle com- Cordially Invites You to Our munity, and brought critical perspec- Annual Event volunteers from left to right: Emily tives into our law school. Here are some West, Alisha Bruce, Jessica Huang, Lindsey Kim highlights from the year so far: ANNUAL HOLIDAY and spring, including our annual  The Law Women’s Caucus, along PARTY Alumnae Event and a Judicial with OUTLaws, invited Washing- Reception, co-sponsored by the ton United for Marriage to speak Thursday, December 6, 2012 Gender and Justice Commission about Referendum 74 and marriage of the Washington State Courts 5:30 p.m. to 7:00 p.m. equality at a happy hour hosted by and Seattle Universityʹs Law the organizations and attended by Women’s Caucus. One event we more than seventy-five students. are particularly excited about is Lee & Hayes, PLLC  In collaboration with the Incarcer- our “Differential Pay Scale Bake 601 W. Riverside, Suite 1400 ated Mothers Advocacy Project the Sale” to be held on January 29, the Law Women’s Caucus organized a anniversary of President Obama Spokane, Washington lunch event to engage students and signing the Lily Ledbetter Fair Pay faculty on issues surrounding in- Act. At the bake sale men will be Free for Members! Time to join or carceration, motherhood, and drug charged 24% more to enjoy the renew membership? Renew online at abuse. treats, and proceeds will help www.wwl.org/Membership fund a woman law student’s oth-  The Law Women’s Caucus invited Checks also accepted onsite. erwise unpaid summer work. To Laura Einstein, the Chief Legal donate money or baked goods to Counsel at Planned Parenthood of This year’s featured charity is the the bake sale, please contact Darcy the Great Northwest, to discuss Women & Children’s Free Restaurant Kues. reproductive justice issues within & Community Kitchen. Please con‐ sider making an extra monetary dona‐ the Affordable Care Act. As the largest independent stu- tion at the Party, and learn more dent organization at UW Law we are  Melissa Tumas, Director of the Sex- about their wonderful programs & lucky to have a broad membership ual Assault & Relationship Vio- services at www.wcfrspokane.org base filled with diverse perspectives. lence Information Service at UW, We are excited to bring these perspec- spoke to Law Women’s Caucus tives to the forefront of law school members about the importance of discourse while continuing to develop bystander advocacy and building a a strong and supportive community movement for a world free from for women law students within the power-based personal violence. school and in Washington. Please  Through our peer mentorship pro- don’t hesitate to contact us to share gram, we connected new women ideas or meet our members. law students to current 2Ls and 3Ls Darcy Kues and Abigail Pearl to create a rich community of future women lawyers. ([email protected]) ([email protected])  We also have a lot of great pro- Co-Presidents, Law Women’s Caucus gramming in the works for winter

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WWL President’s Message, continued The effect of implicit bias is even also spent some moments of reflection from page 2 greater for women of color. The ABA on the contributions and inspirations Commission on Women reports that bequeathed to Washington Women  Women are only 3% of Fortune 500 women of color are consistently un- Lawyers by the recently departed Judge CEOs . derpaid, underestimated and under- Betty Fletcher. In striving to live up to  Only 34 women have ever served valued. It is a dual bias that solidifies our Mission Statement, we stand upon as governors, compared to 2,319 the underlying systemic and cultural the shoulders of great women lawyers men. factors that continue to prevent female and judges such as Judge Fletcher. attorneys of color from achieving their  1 in 6 women are survivors of rape The goals the board set (with your full potential. or attempted rape. input) are lofty, and the plans are ag- The Washington State Bar Associ- gressive and creative. You have nomi-  65% of American women and girls ation recently published the results of nated an impressive, multi- have disordered eating behavior. generational, and diverse group of We have an ethical duty to lead, women attorneys who come from vari- we have a responsibility to public ser- ous practice areas and law-related pro- vice, and we have the skills, the educa- fessional positions. tion, the support systems, and the posi- There is a plan in the works to de- tion in our society to balance this with velop outreach for our members, not our professional lives. only in the Puget Sound area – but to be So what is Washington Women brought to all chapters as well. We are Lawyers doing to ensure stewardship proposing a program entitled within our organization? Left to right: Bahareh Samanian, Lauren “Plugging the Leaky Pipeline.” We are Sancken, Jeanne Marie Clavere, Connie The board’s job is to provide the Collingsworth, Naomi Ogan, & Alison Bettles visualizing a series of lunches (or what- support and leadership to our 12 chap- ever format a chapter may choose) that will be designed to empower women ters in the State of Washington. Some the 2012 Membership survey. One attorneys with knowledge and skills of our work, and perhaps a great deal illuminating fact is that racial minori- they need to continue in the pipeline of this, is administrative and “big pic- ties are 12% of the WSBA members, toward leadership. ture” support. However, part of our and these attorneys face the highest responsibility is to identify continuing frequency of professional barriers. The plan is to create these segments inequalities in the legal system: 45% of WSBA members are women for availability to all chapters to make it  Women hold only 26% of federal and, compared with other demo- part of their program development. and state judgeships. graphic groups, they rank third on This is complemented by our legacy experiencing professional barriers and program resources already making  In private practice, women repre- second on the intensity of these barri- their way around our state. sent a mere 19.4% of partners, 15% ers. This is 2012, not 1962. of equity partners. In doing this we provide the sup- There is a call for mentoring by port and connection for chapter growth  On average, women’s weekly sala- the WWL members who responded to and particularly mentorship for the ries are 20% to 30% of their male our survey this past year. It is this call women in the central and eastern parts colleagues. for mentoring and for a deeper under- of our state, where over 10% of WSBA There is emerging research on a standing of the impact of barriers to members practice, and for solo, small concept called “implicit bias,” namely advancement that we choose to tackle firm, and government attorneys who the views that bias assumptions and as stewards. will give our organization the strength to evoke a cultural change. Come with affect group dynamics. These views Your state board recently spent a me and ignite the creativity and passion create micro-messages of bias which beautiful Fall Saturday in retreat that will make this a year of change, add up to formidable obstacles for working on how to identify activities and through this a recognition that we women. These are the small acts of that are responsive to the Membership all are stewards of Washington Women indignities, erroneous assumptions, Survey and furthering the Mission Lawyers. stereotypes, and in-group favoritism. Statement in a real time and vital way through programs and directions. We

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WWL’s 2012 Annual Event, continued The keynote address was present- certain priorities at different times and from page 1 ed by Connie Collingsworth, General establishing firm boundaries to achieve Counsel and Secretary to the Bill & those goals and maintain a sustainable ceremony continued with the Passing of Melinda Gates Foundation, who ex- work/life balance. the Torch. This award is given to a wom- emplifies the theme of Lead, Serve, an who has made great strides towards WWL’s new President, Jeanne Ma‐ Balance. Ms. Collingsworth delivered integrating women into the law, and is rie Clavere, accepted the “passing of a wonderful, insightful speech ad- now “passing the duty” to the next gen- the gavel” and promptly set the tone for dressing whether women in the legal eration. Thurston County Superior how she would act as president of the field can indeed “have it all.” Ms. Col- Court Judge Lisa Sutton was honored board. Jeanne Marie spoke with com- lingsworth posed to the audience the with this award. Judge Sutton has dedi- passion about the challenges still facing question “who knows what ‘having it cated her career to public service and women in the legal community, such as all’ means?” Not surprisingly, only a volunteers her time at several charitable implicit bias that is naked to the human few participants answered “yes.” Ms. community organizations. Accepting eye, and how she plans to address these Collingsworth encouraged the women her award, Judge Sutton spoke with issues. In closing, Jeanne Marie re- in the room to decide for themselves pride of the strides that women have marked, “we have two hands—one to what they define as “having it all” and made in their education and careers. help ourselves, and one to help others.” to be intentional about obtaining it. Since high school, Judge Sutton has This quote embodies WWL’s values of been paving the way for equal rights for Indeed, the challenges of building striving to be a leader in the legal com- women; her high school did not have a an engaging legal practice, active community, and completed perfectly an girl’s track team – undeterred, she munity involvement, and maintaining evening of honoring WWL’s hardwork- joined the boy’s team. Judge Sutton connections with family, friends and a ing women. Needless to say, the Annu- emphasized the importance of opportu- healthy lifestyle may appear insur- al Banquet and Awards Ceremony was nities now available for her grand- mountable. Ms. Collingsworth ob- a success and served to inspire WWL daughter to succeed as an athlete and a served that “having it all” does not members to strive toward even greater scholar. necessarily mean doing everything all achievements this upcoming year! the time. She suggested focusing on

Annual Event CLE, continued from The second speaker, Brooke John‐ page 2 son, described the federal tax exemp- tion requirements of nonprofit organi- organizations. Ms. Andrews was able zations. Ms. Johnson, who has her to draw upon her extensive Board expe- LL.M., is a partner at the boutique firm rience, including lessons learned during Kampbell, Andrews & Arbenz, PLLC her tenure as the first Board President and works with local nonprofit organi- of WAACO. Ms. Andrews also repre- zations on a wide range of business, tax sents nonprofit organizations and and intellectual property issues. In teaches the nonprofit organizations clin- Keynote speaker Connie Collingsworth, Gen- light of the upcoming elections, Ms. ic at Seattle University School of Law. eral Counsel and Secretary to the Bill & Melinda Gates Foundation Johnson focused much of her presenta- Ms. Andrews’ presentation emphasized tion on the lobbying activities permitted the many state and federal laws that the Board. However, under RCW by 501(c)(3) organizations. In particu- Board must follow, including the rules 4.24.264, a Board member or officer of lar, she described two alternatives for for Washington nonprofit corporations a nonprofit may not be held individu- 501(c)(3) organizations: the “no sub- found in chapter 24.03 RCW. In addi- ally liable to third parties for any dis- stantial part” test, which allows chari- tion, Ms. Andrews stressed the Fiduci- cretionary decision or omissions ex- ties to participate in lobbying activities ary Duties of a Board Member, includ- cept in cases of “gross negligence.” as long as such activities do not consti- ing the Duty of Care, Duty of Loyalty Ms. Andrews encouraged participants tute a “substantial part” of the organi- and Duty of Obedience. All authority to contact the Nonprofit Risk Manage- zation’s activities, and 501(h) election, flows from the Board, Ms. Andrews ment Center at www.nonprofitrisk.org which allows charities to spend 20% of explained, and though the Board may for guidance about developing poli- delegate, the ultimate responsibility for cies, assessing risk and training staff. (Continued on page 9) oversight always remains with the

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Annual Event CLE (continued from their talents and partnering with the page 8) Executive Director to ensure the organization’s goals are met. The Board the first $500,000 in their annual operat- of Directors’ responsibilities in the ing budget on lobbying. Ms. Johnson area of governance include setting the recommended that 501(c)(3) organiza- mission and strategy of the organizations consider making a 501(h) election tion, supervising the Executive Direc- because it provides the certainty of tor, approving fundraising strategies bright-line rules. However, she cau- and monitoring progress, providing tioned aspiring Board members to be- financial and legal oversight, setting Eudora Powell enjoys the Annual Event come familiar with the details of the policy and ensuring that key policies rule, because there are very specific are in place, monitoring and evaluat- who the client is, whether the attorney definitions for “lobbying.” In addition, ing program impact, and developing has any conflicts of interest, whether an Ms. Johnson recommended that non- and strengthening the Board. In addi- attorney-client relationship has formed, profit Boards create procedures for tion, the entire Board of Directors etc. When ethical dilemmas arise, Ms. tracking expenditures that are attributa- plays supportive roles, such as: Clavere recommends that attorneys call ble to direct and grassroots lobbying providing personal financial support, the WSBA Ethics Line at (206) 727-8284. activities to ensure compliance with the fundraising, volunteering and recruit- lobbying rules. The seminar concluded with ing others, assisting with public rela- breakout groups to discuss hypotheti- The third speaker, Helene Ma‐ tions efforts, advising in areas of ex- cals, with each group reporting the re- donick, Deputy General Counsel at the pertise when invited, and lending sults of its discussion, and a Q&A for Bill & Melinda Gates Foundation, dis- name recognition and credibility to the panelists. Audience participation in this cussed Board roles. One of Ms. Ma- Board. portion of the seminar was robust, and donick’s roles at the Foundation is to The final speaker, Jeanne Marie even the live webcast audience was able provide training and advice for Foun- Clavere, discussed various ethical con- to ask questions online. dation staff who serve as Board mem- siderations for attorneys serving on a bers for various organizations. Ms. Ma- This seminar was co-sponsored by Nonprofit Board. Ms. Clavere, Profes- donick began her presentation by WAACO and WWL and organized by sional Responsibility Counsel for the differentiating between the duties of the Jodi Nishioka, WAACO Program Man- Washington State Bar Association and Executive Director and those of the ager, and Shannon Lawless, WWL Pro- President of the State Board of Wash- Board Chair. The Executive Director’s fessional Development VP and Attor- ington Women Lawyers, advises duties include staff management, im- ney at Ryan, Swanson & Cleveland, members of the Bar on the Rules of plementation of programs, community PLLC. Gordon Thomas Honeywell Professional Conduct as they apply to relations, management of financial re- (GTH), an Event Sponsor, donated the WSBA Advisory Ethics Opinions, the sources and liaising with the Board of venue and refreshments. The Rules for Enforcement of Lawyer Con- Directors. In contrast, the role of the WWL/WAACO-GTH liaison was duct, and the ABA Standards for Im- Board Chair is more akin to that of a GTH’s Lisa Kremer, co-president of posing Lawyer Sanctions. Ms. Clavere choreographer or organizational cham- WWL’s Pierce County Chapter (2011- noted four questions an attorney pion, as the Chair is responsible for en- 2012). GTH also donated the services of should ask before joining a Board: (1) gaging the Board members to leverage their IT team, particularly Mike Rook, Why are you asking me to join the who made the live webcast possible. Board? (2) What are the expecta- tions/responsibilities of being on the A video of the seminar is available for Board? (3) Does the organization ex- purchase through WAACO. Partial pro‐ pect me to provide legal advice? (4) ceeds from the sale of the video will Does the organization have legal coun- support Washington Women Lawyers. sel, and if so, what is its function? For more information, please email Once on a Board, an attorney may be [email protected] . asked to provide legal advice in all types of situations. In each situation, Hon. Lisa Sutton chatting with a fellow Annual the attorney should use the Rules of Event attendee Professional Conduct to determine

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Bronze Sponsors Friend Sponsors Byers Anderson Court Reporters Commissioner Meagan Judge Stephanie Arend Davis Wright Tremaine Foley Law Ofices of Mark C. Jeanne Marie Clavere & Wagner Judy Susan Serko Dr. Glen Curda Mix Sanders King County WWL Gretchen Leanderson & Phillips Wesch Burgess Jim Schacht Paciica Law Group WWL Foundation Judge Kathryn Nelson Pierce County WWL Judge Kitty‐Ann van Robert Half Legal Doorninck WWL would also like to thank Vortex Cellars and Kestrel Wines for their in‐kind donations. 14 A PUBLICATION OF WASHINGTON WOMEN LAWYERS FALL 2012

Washington Women Lawyers State Board 2012‐2013

President: Jeanne Marie Clavere Newsletter Editors/ Vanessa Waldref & President‐Elect: Naomi Ogan VPs: Erica Franklin Secretary: Jennifer Smitrovich Website Editor/VP: Jessica Barrett Treasurer: Gretchen Leanderson Events VP: Bahareh Samanian Immediate Past Professional Shannon Lawless & President: Alison Bettles Development VPs: Pam Jacobson Publicity VP: Lynn Reilly Membership VPs: Hilary Hoover & Judicial Aﬀairs VPs: Amy Robinson & Rebecca Nicole Jabaily Glasgow Diversity VPs: Niloufar (Nilly) Park & Governmental Pat Foster & Jeannie Bohlman Aﬀairs VPs: Holly Brajcich Legacy VPs: Karrin Klotz & Sara Bliss WWL Foundation Liaison: Megan McCloskey

Chapter Representatives Law School Representatives Capitol Chapter: Rebecca Glasgow Gonzaga University: Margaret Grega & Frieda Clark/St. Helens: Emily Sheldrick Zimmerman Margeaux Davitte King: Kate Tylee Seattle University: Kitsap: Karen Klein University of Jen Goldstein & Laura Washington: Powell Pierce: Emily Kelly Snohomish: Melanie Thomas Dane Spokane: Collette Leland Whatcom: Bethany Allen

WWL 2012‐2013 State Board

Standing Left‐to‐Right: Hilary Hoover, Gretchen Leanderson, Bahareh Samanian, Lauren Sancken, Naomi Ogan, Jeanne Marie Clavere, Sara Bliss, Ali- son Bettles, Amy Robinson, Nicole Jabaily, Shannon Lawless, Jeannie Bohlman

Seated Left‐to‐Right: Vanessa Waldref, Pam Jacob- son, Niloufar Park, Rebecca Glasgow

Not Pictured: Jennifer Smitrovich, Lynn Reilly, Pat Foster, Holly Brajcich, Karrin Klotz, Erica Franklin, Jessica Barrett, Megan McCloskey

15 A PUBLICATION OF WASHINGTON WOMEN LAWYERS FALL 2012

Acknowledgements

Photos in this edition courtesy of Martina Machackova Photography & Design unless otherwise noted.

Thank you to Bahareh Samanian and Lauren Sanken for coordinat- ing Annual Event preparations.

Special thanks to Jason Rogers for layout and technical assistance.

Top left: Hon. Mary Fairhurst, Top right: Bahareh Samanian and Lauren Sancken, Bottom left: Hon. M. Karlynn Haberly.

Washington Women Lawyers PO Box 46107 Seattle, WA 98146

Email: [email protected] Website: www.wwl.org

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The WWL State Reporter is a publication of Washington Women Lawyers, published three times annually. Please send change of address notices to [email protected] with the words “Member change of address” in the subject line.

To submit Chapter News, event notices, announcements, or ideas for articles, please email Vanessa Waldref at [email protected] with the word “Announcement” in the subject line.