“ethical review” c december 6, 2019 › news › 2019 › 1911_dec.pdf · 2019-12-05 · judge...

News

SCBA

December2019

The official publication of the Snohomish County Bar Association

Volume 47Number 11

“Ethical Review”

December 6, 20199:00 a.m. to 12:15 p.m.

Judge Alan R. Hancock,Island County Superior Court

Judge Richard T. Okrent,Snohomish County Superior Court

Philip Buri,Buri Funston Mumford & Furlong, PLLC

Robert J. Drewel Building, First Floor, Meeting Room #13 Ethics Credits Pending

Free to SCBA Members, $125.00 Non-MembersRSVP with the SCBA Office (425) 388-3056

Snohomish County Bar AssociationPresents

2 Snohomish County Bar News - DECEMBER 2019

SCBA News

Published by theSnohomish County

Bar AssociationP.O. Box 5429

Everett, WA 98206

Jacob GentEditor

Terri CallantineMagazine Production

& Website

Joyce WoodExecutive [email protected]

Snohomish County BarAssociation Officers

John FollisPresident

Cory ReinVice President

William SullivanTreasurer

Jacob GentSecretary

TrusteesAmanda EffertzTodd HubbardRichard Jones

Michael O’MearaKari PetrasekDanielle Pratt

Stephen Ritchie

© 2019 bySnohomish County Bar Association.

Printed by the SCBAAll editorial material including editorial comment appearing herein represents the views of the respec-tive authors and does not necessarily carry the en-dorsement of the Association or the Board of Trust-ees. Likewise, the publication of any advertisement is not to be construed as an endorsement of the prod-uct or service offered unless it is specifically stated in the ad that there is such approval or endorsement.SCBA News is published monthly by the Snohom-ish County Bar Association, P.O. Box 5429, Everett, WA 98206.

Send changes of address to:Snohomish County Bar AssociationP.O. Box 5429, Everett, WA 98206

InsIde ThIs Issue

AdverTIsIng And submIssIons

ConTACT us

SCBA Office: (425) 388-3056 / e-mail: [email protected]

SCBA Fax: (425) 388-3978

Web site: www.snobar.org

Lawyer Referral Service: (425) 388-3018

Announcements: SCBA members only. Contact Joyce Wood at (425) 388-3056 or [email protected].

Classifieds: Please contact Joyce Wood for rates and submission guidelines at (425) 388-3056 or at [email protected].

Submissions: Contact Joyce Wood at (425) 388-3056 or at [email protected].

Deadline: Copy must be received (not postmarked) by the 15th of each month for the subsequent issue. No cancellations will be accepted after the deadline. Please submit to the SCBA office at P.O. Box 5429, Everett, WA 98206, Microsoft Word Format (Mac or PC) by e-mail. WordPerfect users, save your files in either MS Word format or Rich Text format (RTF).

« Calendar of Events

« Superior Court Assignments

« From the Desk of the President

« Lawyers Road Review - Midway, Two Thumbs Up

« The Face of a Legal Technician

« A message from the Honorable George F. Appel

« Announcements

« Advertisements

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DECEMBER 2019 - Snohomish County Bar News 3

sCbA CAlendAr of evenTs

superIor CourT AssIgnmenTs

March 2020 5th Young Lawyers Section Meeting 15th Deadline SCBA Newsletter 16th Family Law Section Meeting 19th SCBA Board of Trustees Meeting

January 2020 1st Courthouse Closed 2nd Young Lawyers Section Meeting 15th Deadline SCBA Newsletter16th SCBA Board of Trustees Meeting 20th Courthouse Closed27th Family Law Section Meeting

February 2020 6th Young Lawyers Section Meeting 15th Deadline SCBA Newsletter 17th Courthouse Closed 20th SCBA Board of Trustees Meeting 24th Family Law Section Meeting

December 2019 5th Young Lawyers Section Meeting 6th Ethics Review CLE 15th Deadline SCBA Newsletter16th Family Law Section Meeting 19th SCBA Board of Trustees Meeting 25th Courthouse Closed

May 2020 7th Young Lawyers Section Meeting 15th Deadline SCBA Newsletter 18th Family Law Section Meeting 21st SCBA Board of Trustees Meeting 25th Courthouse Closed

April 2020 2nd Young Lawyers Section Meeting 15th Deadline SCBA Newsletter 16th SCBA Board of Trustees Meeting 20th Family Law Section Meeting

Presiding Judge: Judge Bruce I. Weiss Trial Calendar Call and Motions to Continue Trial Dept. 10Juvenile Court: Judge Judge Judge Appel

Commissioner Brudvik Civil Motions: Judge Lucas Dec 2-6 Judge Okrent Dec 9-20 Judge Okoloko Dec 23-27 Judge Thompson Dec 30-Jan 3 Criminal Hearings: Judge Thompson Dec 2-4 Judge Krese Dec 5 Judge Kurtz Dec 6 Judge Lucas Dec 9-11, 16-18 Judge Ellis Dec 12-13, 19-20 Judge Okrent Dec 23-24, 30-31 Judge TBD Dec 26-27 Criminal Motions: Judge Thompson Dec 5-6 Judge Lucas Dec 12-13, 19-20 Judge TBD Dec 26-27 Criminal Dept. Judges: Judges Dingledy, Ellis, Farris, Krese, Kurtz, Langbehn, Larsen, Lucas, Okrent,

WilsonCivil Dept. Judges:2 Judges Okoloko, Thompson Ex Parte/Commissioner Civil Motions:1 Commissioner Gaer Family Law Calendars:1 Commissioners Waggoner, Moriarty, Harness

Please note: All assignments are subject to change without notice and assignments may not change on the first day of the month.


The Board decided not to follow through on the judicial evaluations that were sent out over the summer. When the SCBA started doing judicial evaluations the primary purpose was to give judicial feedback to the judges who could review that feedback and become even more effective jurists. The plan was to do the evaluations the year after elections.

The reason we sent out evaluations this past summer was because the Board amended the bylaws in 2015 as follows:

Section 2. Every four (4) years, commencing in 2015, the Association shall hold judicial evaluations for superior court judges, district court judges, municipal court judges, and commissioners for the purpose of providing information and feedback to the bench.

At the summer Board meeting the Board decided we had to do an evaluation in 2019 based on that bylaw amendment. After further consideration, the Board concluded that since we did an evaluation already in 2017, we have done it within 4 years of 2015 in accordance with our bylaws. Thus, we are not required to do another one until 2021.

At our annual meeting in January we will be discussing judicial evaluations. We will discuss how often they should be done, when should they be done and whether there are a minimum number of responses needed to create a statistically valid result. I encourage all members to attend our annual meeting and share their ideas. Also, as a reminder, our monthly board meetings are open to all members. They take place on the third Thursday of every month at 5:00 pm. If there is anything a member wants on the agenda, contact Joyce Woods.

2020 YMCA REGIONAL MOCK TRIAL COMPETITION –

CALL FOR ATTORNEY VOLUNTEERS

We welcome your help and support for youth in our community by volunteering for the 2020 YMCA sponsored Regional Mock Trial Competition.

Who do we need? We need dozens of attorneys to serve as jurors/raters for one or more trials.

When do we need help? We need volunteers for Friday night, February 21st & all day Saturday, February 22nd. The final schedule will not be set until the end of January, but we currently expect four trials at 5pm on Friday night, and 12 on Saturday (four trials starting at 8:30am, 11:30am, and 2:30pm). Volunteers are asked to arrive 30 minutes before their assigned rounds & are welcome and encouraged to sign up for more than one trial.

How does it work? A panel of three attorneys observes each trial. Each trial lasts approximately two hours. At the conclusion of each trial, each attorney rater completes a score sheet and provides helpful feedback to the students. Additional training is provided on the day of the event.

Where will the trials be held? The trials will be held at the Denney Juvenile Justice Center.

How do I sign up? Please contact Judge Janice E. Ellis or Law Clerk Victoria Banks. You can reach them at 425-388-3039; [email protected]; [email protected].

Thank you, in advance, for helping support students and positive citizenship in our community,

Janice E. EllisSnohomish County Superior Court Judge

from The desk of The presIdenT

John follIs

Courthouse ClosedDecember 25 - January 1 - January 20


The lAwyer’s roAd revIew

by peTe pATTerson

Midway, Two Thumbs UpWhen choosing a title to read about any event in

history I have learned to shy away from those who proclaim the content of the book holds “secrets”, or the “untold story”. One time retired partner of Newton Kight LLP, Mike Kight, ( 2016) handed me such a title which read “Roosevelt’s Secret War”. Knowing the story was probably “told” before and is not really “secret” I found I could not open it.

So I flinched a bit when during the opening scenes of Midway a close cousin of such terms flashed on the screen, a reference to the Battle of Midway “turning the tide” or “changed the course” of the Second World War or words to that effect. While the Battle of Midway was a watershed event, many argue in modern scholastic works on the Pacific war that standing alone what happened in June 1942 about 1400 miles northwest of Hawaii did not quite do that. They argue there was considerably more to the question, or that the Japanese never really had a chance to begin with. None of these latter day debates diminished this remarkably accurate film.

Unlike its 1976 predecessor starring Charlton Heston, the 2019 release by the same name begins with a better foundation, generally explaining to the much younger audience how it is the United States found itself at war with Japan. The opening scenes place us all in Tokyo in 1937 where we are introduced to a central character in the story of this battle, a naval attaché posted there, Lt. Commander Edwin T. Layton, played by Patrick Wilson. He has a private yet perhaps fictional conversation with Admiral Yamamoto who frankly tells him, in diplomatic terms, if the United States cuts off our supply of oil there will be war.

Of course, the United States cut off their supply of oil and there was war. When we hear about economic sanctions today being levied against countries because of their conduct, it is good to be reminded where this can lead. In that period, the United States restricted exports of oil and other goods to Japan due to their conduct in China, (which they had invaded many years before the Pearl Harbor attacks) which included of course all the atrocious behaviors which often accompany soldiers on foreign soil.

We are told the island of Midway, which was fortified by the United States and supplied with a number of aircraft, was when captured, to be a staging point for

further Japanese expansion to Hawaii, Seattle, San Francisco and Los Angeles. People from that era report this was a grave concern. Indeed, the Pearl Harbor story that is told in my family is of real fear of invasion. A rare fight broke out when my grandfather declined to send my grandmother and my mother, then 10 years old, to Spokane to stay with her older brother Jim following the Pearl Harbor attack.

Woody Harrelson plays a convincing Chester Nimitz, handed the command of the Pacific Fleet, or what was left of it following Dec. 7, 1941. Ed Skrein plays naval aviator Dick Best, the lead actor I would say in this film.

Some license has been taken to tell this story, yet it all comes off really well and is in a logical progression, largely tracing the experience of the USS Enterprise, CV-6 from the time of the Pearl Harbor attack to the battle at Midway, a space of only 7 months.

Among the events for this ship was sailing in tandem with the USS Hornet CV-8 in support of the Doolittle Raid on Tokyo in April 1942. This episode could have been left out, as it was not all that integral to the topic of Midway, yet the film’s objective I came to see was to educate a younger audience on the speed at which we turned things around in the Pacific and could look to switching from the defensive to the offensive and the sacrifices this required. To this end, a modest reference is made to the Battle of the Coral Sea a month prior to the events of Midway, the first time allied forces had ever curbed Japanese ambitions.

The importance of accurate intelligence is stressed in the film, returning again and again to offices in Pearl Harbor and Lt. Commander Layton to discuss how it is they figured out where, in the vastness of the Pacific Ocean, the Japanese would strike next.

The battle scenes are graphic, yet not all that much gore is portrayed after we leave the Pearl Harbor attacks. We lose a lot of aircraft, perhaps half of the complement assigned to Enterprise. The daring courage of these aviators and their commanders is well portrayed. And we had a lot of luck.

Key to understanding the success of the American aviators is well illustrated; the sacrifice of an obsolete torpedo bomber squadron of Dauntless aircraft upon a carrier which drew off the Japanese aircover and interrupted flight operations for the ship, leaving them wide open to the more aggressive vertical dive technique which proved fatal for four Japanese carriers in the space of two days.

The film muted the successful Japanese attack upon the USS Yorktown CV-5, heavily damaged during the battle and ultimately sunk by a Japanese submarine while

continured on page 7


CHARLES S. BURDELL JR.Former King County

Superior Court Judge

STEVE SCOTTFormer King County


PARIS K. KALLASFormer King County


LINDA LAUFormer Appellate and Superior Court Judge

GEORGE FINKLEFormer King County


BRUCE HELLERFormer King County


LARRY A. JORDANFormer King County


PALMER ROBINSONFormer King County


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THE FACE OF A LEGAL TECHNICIAN

By: Jeanne M. Barrans, WSBA LLLT #114

Welcome to the holiday season! Hard to believe it’s here already! Wish you all a happy and joyous holiday season and all good things in 2020.

In my last article, I addressed some of the enhancements to the Legal Technicians’ scope of practice. One in particular that seems to be causing some confusion is APR 28, Regulation 2(B)(2)(h) which authorizes Legal Technicians (LTs) to accompany their clients to court and provides that the LT “may assist and confer with their pro se clients and respond to direct questions from the court or tribunal regarding factual and procedural issues.” The question arises then whether the LT should file a Notice of Appearance prior to appearing in Court. However, we do not appear for our pro se clients; rather, we can stand with our pro se clients. We cannot appear on their behalf (except to present agreed orders) as an attorney can, and therefore a Notice of Appearance by the LT would be inappropriate.

Some have suggested that our pro se client could file a Notice of Appearance (for a party without a lawyer) – form FL All Family118 - and insert a notation that he or she is being represented or assisted by the legal technician. Sounds like that may be a reasonable solution.

Another question that has arisen is whether a LT can accept service on behalf of their client or would service on the LT be sufficient.

While an individual can use any address he or she chooses for service, including that of the LT, LTs cannot accept original service of process on the client’s behalf, as an attorney might by signing a Service Accepted. My personal preference is for my clients to use their own addresses for service of documents, with a courtesy copy to me as the LT.

Wondering what to do when in doubt regarding proceedings where there is a LT on one (or both) sides? Feel free to give me a call or send me an email, or contact the LT directly.

If you have any questions regarding the LLLT license you would like me to address, please email me at [email protected] or call me at (425) 252-5167. If I cannot answer your questions, I will do my best to direct you to someone who can.

it was being towed back to Pearl Harbor, but the minor reference to those events does not detract from the film.

At this distance from 1942 we are a long way from a film which would describe the people involved in this conflict as treacherous (that is the Japanese) or vengeful (the Americans ) and instead the entire work is much more objective. The Japanese make mistakes, but they are not shown as stupid or some warlike race. Of course, the rough edged, devil may care attitude of the naval aviator is retained. They are Americans after all.

I had just finished reading Dan Carlin’s The End is Always Near when we went to see this film. This podcaster’s hugely successful main production, Hardcore History has a fan base that has been asking for a book for years.

Carlin begins his book where we should end this review: Ask yourself this question: If called upon to fight the Second World War all over again, would the current generation have the fundamental toughness our grandfathers had? Would we rise to the occasion? Do we have what it takes to do what they did? This film asks us the same question.

If you are the parent of any teenagers, take them to this film. I am not sure this sort of thing is taught in school any longer, but it should be as there is far, far too much taken for granted now.

from page 5

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A message from the Honorable George F. Appel Snohomish County Superior Court

In September, we lost a long-serving member of the Snohomish County Superior Court bench. Paul D. Hansen served on the bench from 1969 through 1997 after a civil practice at the Anderson Hunter law firm. Those who practiced before him discovered a keen intellect, a good nature, and genuine concern for the law.

Part of Judge Hansen’s genius was in his philosophy of the law. Judges are charged with interpreting the law, a phrase which is itself subject to interpretation. He told me in recent years that judges don’t make law, they find it. This unpretentious approach affords ones flexibility to discover the law where one might not otherwise look. All criminal lawyers are aware that a criminal defendant may challenge the sufficiency of the State’s evidence before trial. The rule from State v. Knapstad, 107 Wn. 2d 346 (1986), finds its origin in Civil Rule 56, a rule which has no analogue in the Criminal Rules. That decision was reached by Judge Hansen, likely drawing on his civil experience.

Judge Hansen was the only judge before whom both my father and I appeared both as young lawyers. My father remembers seeking a receivership from him and being made to answer some tough questions that tested his arguments. He got the order. My father recalled later that Judge Hansen was a good judge, that he had known few like him.

My own experience was similar. Judge Hansen challenged plenty of my arguments as well, though he always gave them due consideration. His decisions did not always go my way but were always upheld. While deciding, Judge Hansen had a way of leaning back in his chair and looking up at the ceiling.

Judge Hansen was also one of those people who took his work more seriously than he took himself. An excellent gauge of humility is how one conducts him or herself in embarrassing circumstances. Many will recall the day in Juvenile Court in the 1990s when, likely pondering some particularly weighty point of law, Judge Hansen leaned a little too far back in his chair. Over he went, with a crash that would have bruised a more fragile ego. But Judge Hansen, never too important to laugh at himself, saw the humor in the spectacle whenever he was ribbed. He also was willing to give as good as he got. One Monday morning in the mid-nineties, I walked into Dept. 9

for trial. He was already on the bench. Seeing me, he brightly announced, “Oh, I see we have Doogie Howser again!” (I had a young-looking face before the years took their toll.) The incident amused members of my office and I bore the nickname for two years. Such things keep a lawyer from becoming arrogant. And I got a fair trial.

Judge Hansen was retired by 1998, more than twenty-one years ago. His humor and his intellect never dulled. After taking the bench in 2009, I looked to him for advice on many occasions. There are new judge questions which only an old judge can answer. Judge Hansen would always say he had been out of the business too long to be of any use. Then he’d give really useful advice. He was a good friend and mentor.

In September, a friend called to say Judge Hansen had suffered a stroke and was not expected to live much longer. At the hospital, I found him just as sharp as ever. Though he was dying, he remained good natured and glad to see me. He even asked after my father. And so, I grieve his passing. But I will always be grateful for his advice, his example, and his friendship.

Kaye Phinney425-257-1655 • [email protected]

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2020 SNOHOMISH COUNTY BAR ASSOCIATION

ANNUAL GENERAL MEETINGFriday, January 31, 2020

11:30 a.m. to 1:30 p.m.

President’s Award

Come make your vote count. The election of Officers will take place at the meeting along with general membership business, by-laws changes and lunch, $20.00.

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Above selections are all gluten free selection

An all vegetarian request is available

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You must RSVP with the SCBA office (425) 388-3056 with your menu selections


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Thank you to the Snohomish County Bar Association. They chose All Aboard to be the recipient of the proceeds from their annual golf tournament. They gave us a check for just over $12,000. The funds will help cover the costs of programming. We are so grateful!


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Julie is back from her brief Colorado sojourn, bringing her particular expertise in high asset cases, relocation cases, and custody disputes to King, Snohomish, Skagit and Whatcom County cases. With over 26 years of family law experience, she is adept at complex problem solving and strives to settle her cases without the need for trial. However, she approaches all of her cases with an eye for detail and thoughtful advocacy should trial ultimately be necessary. We are delighted to welcome her and her family back to the Pacific Northwest, and are pleased that she brings her no-nonsense and practical mindset to the partnership with Cynthia First and Darren DeFrance.

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Reach Julie at [email protected]

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Port Gardner Law Group is pleased to announce that Brian Parker has joined us as an associate attorney. Brian hails from Clark County, where he practiced for over a decade in the areas of family law, criminal law, probate, and civil litigation, and received multiple kudos for his work as a Title 26 guardian ad litem. A judge once called Brian’s office to say a GAL report Brian had written was one of the best he had seen. Brian is now on the Snohomish County GAL registry and he welcomes your referrals.

Port Gardner Law Group 2918 Colby Avenue, Suite 201, Everett, WA 98201 425.259.5100 (t) 425.789.1214 (f)

Reach Brian at [email protected]

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is pleased to announce his availability for Arbitrations and Mediations.

Judge Michael T. Downes (Ret.)

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Please contact Chloe Wehmeyer at Carson Law Group P.S. for scheduling

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Bill is an attorney at Mill Creek Law; has over 40 years of experience as a trial lawyer; is a Fellow of the American Academy of Matrimonial Lawyers; has completed 40 hours of intensive training in mediation through the Academy; and has been successfully mediating Family Law, Civil, Commercial and Estate cases for over 25 years.

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EXCEPTIONAL FAMILY LAW ATTORNEY McKinley Irvin is looking for an exceptional family law attorney to join us in the Everett office of our outstanding and highly rated firm. This is a great opportunity for an attorney with 5 or more years of experience practicing family law who is a member of the Washington State Bar. Whether you’re just starting out or are a veteran of the profession, excellence is attainable at McKinley Irvin. We’re a law firm that does things differently.

At McKinley Irvin, you practice law; we run the business. If you’re a solo practitioner or part of a small firm, this is an opportunity for you to be part of a highly respected team and receive all the support you need so you can just focus on your practice and provide outstanding service to your clients. Be the attorney you want to be.

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Read more about what you can expect from us on our website: www.mckinleyirvin.com/careers. McKinley Irvin is an Equal Opportunity Employer.


Gregory L. DaviesArbitrations and MediationsSnohomish County Superior Court Local Rule 94.04(c)(3) requires for family law cases filed after September 1, 2018, in which a Compliance Schedule is set, the parties must file proof of compliance with the ADR requirement by filing a Notice of ADR Compliance no later than 8 months from filing the case or prior to confirming the trial, whichever comes first.

• 38 years of legal experience • Arbitrator and mediator since 1987 in family, civil, and personal injury matters• Past Pro-Tem Commissioner and Pro-Tem Judge in Superior Court• Available in Snohomish, Skagit, and King Counties• Greg is also available for family law and probate referrals.

For scheduling, email Mary at [email protected] or call 425-259-2755.

Gregory L. Davies, Attorney, PLLC 3721 Colby Avenue Everett, WA 98201 425-259-2755 425-252-0588 gregorydavieslaw.com

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1 6 2 3 N A T I O N W I D E 2 9 W A S H I N G T O N S T A T E 4 B R E W E L A Y M A N P . S .

















4 B R E W E L A Y M A N P . S . 1 6 2 3 N A T I O N W I D E 2 9 W A S H I N G T O N S T A T E

















2 9 W A S H I N G T O N S T A T E 4 B R E W E L A Y M A N P . S . 1 6 2 3 N A T I O N W I D E
















1623 LAWYERS NATIONWIDE

ARE MEMBERS OF AAML

29 OF THOSE LAWYERS ARE

FROM WASHINGTON STATE

4 OF THE 29 LAWYERS ARE

FROM BREWE LAYMANSALISH MEDIATIONExperience, Integrity, Solutions

Arden J. BedleFormer Superior Court Commissioner (Ret.)

P.O. Box 194Monroe, WA 98272

[email protected]


Half cor ner

THIRD STREET MEDIATION

WAYNE P. PELLEGRINI

Family Law Mediation

1636 Third Street

Marysville, WA 98270

(360) 658-6580

www.thirdstreetlaw.com

Experienced

Knowledgable

Dedicated

Snohomish County Bar AssociationP.O. Box 5429Everett, WA 98206

Criminal Defense and Military JusticeI invite, appreciate, and thank you for your referrals in

all criminal and military matters.

Michael J. AndrewsFormer Special Assistant U.S. Attorney

and JAG Corps Officer

Law Offices ofCogdill Nichols Rein Wartelle Andrews

3232 Rockefeller AvenueEverett, WA 98201

(425) 259-6111

“ethical review” c december 6, 2019 › news › 2019 › 1911_dec.pdf · 2019-12-05 · judge...

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