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July/August2012SCBANewsVolume 40Number 7The official publication of theSnohomish County Bar AssociationSnohomish County Superior CourtPosition #11Make your opinion count!Return ballots to SCBA office byJuly 10, 2012
SCBA NewsPublished by theSnohomish CountyBar AssociationP.O. Box 5429Everett, WA 98206William SteffenerEditorTerri CallantineMagazine ProductionJoyce WoodExecutive Directorjoycew@snobar.orgSnohomish County BarAssociation OfficersStephanie PetersenPresidentWilliam SteffenerVice PresidentJennifer RancourtTreasurerRoberta MaddowSecretaryTrusteesCharlie BlackmanScott BurkhalterHortensia CastilloBeth FraserKarl HausmannDubs HerschlipGlenn KadishBradley NeunzigKari PetrasekWebsite:Terri CallantineInside This Issue««««««««««««««««Calendar of EventsSuperior Court AssignmentsFrom the Desk of the PresidentADR Section NewsSnohomish County Young LawyersThe Lawyer’s Road Review - DragnetLaw Fund and Campaign for Equal JusticeCollab Orate - Analyzing Justitia #4 NozickSnohomish County Superior Court - Local Rules ChangeSuperior Court Bar Poll - Position #2Call for Papers26th Annual Law Day in SCDC South DivisionWACDL 2012 William O Douglas Award g and SubmissionsAnnouncements: SCBA members only. Contact Joyce Wood at (425) 3883056 or joycew@snobar.org.Classifieds: Please contact Joyce Wood for rates and submission guidelines at(425) 388-3056 or at joycew@snobar.org.Submissions: Contact Joyce Wood at (425) 388-3056 or at joycew@snobar.org.Deadline: Copy must be received (not postmarked) by the 15th of each monthfor the subsequent issue. No cancellations will be accepted after the deadline.Please submit to the SCBA office at P.O. Box 5429, Everett, WA 98026, Microsoft Word Format (Mac or PC) by e-mail. WordPerfect users, save your filesin either MS Word format or Rich Text format (RTF). 2012 bySnohomish County Bar Association.Printed by the SCBAAll editorial material including editorial commentappearing herein represents the views of the respective authors and does not necessarily carry the endorsement of the Association or the Board of Trustees. Likewise, the publication of any advertisementis not to be construed as an endorsement of the product or service offered unless it is specifically statedin the ad that there is such approval or endorsement.SCBA News is published monthly by the Snohomish County Bar Association, P.O. Box 5429, Everett,WA 98206.Send changes of address to:Snohomish County Bar AssociationP.O. Box 5429, Everett, WA 98206Contact UsSCBA Office: (425) 388-3056 / e-mail: joycew@snobar.orgSCBA Fax: (425) 388-3978Web site: www.snobar.orgLawyer Referral Service: (425) 388-30182 Snohomish County Bar News - JULY/AUGUST 2012
SCBA Calendar of EventsJuly 2012August 20129 Young Lawyers Division Meeting10th Bar Poll Ballots Due11th ADR Section MeetingNO Deadline SCBA Newsletter16th Family Law Section Meeting19th SCBA Board of Trustees Meeting20th CLE Skills Potpourri for YoungLawyers1 ADR Section Meeting13th Young Lawyers Division Meeting15th Deadline SCBA Newsletter16th Family Law Section Meeting24th SCBA Golf TournamentNO SCBA Board of Trustees MeetingthstOctober 201238th15th15th18th19thrdADR Section MeetingYoung Lawyers Division MeetingDeadline SCBA NewsletterFamily Law Section MeetingSCBA Board of Trustees MeetingCLE Evidence IssuesSeptember 2012510th13th15th17th20th21stthADR Section MeetingYoung Lawyers Division MeetingEx-ParteDeadline SCBA NewsletterFamily Law Section MeetingSCBA Board of Trustees MeetingCLE Estate Planning & TaxIssuesNovember 2012December 20127 ADR Section Meeting12th Young Lawyers Division Meeting15th SCBA Board of Trustees Meeting15th Deadline SCBA Newsletter16th CLE19th Family Law Section Meeting5 ADR Section Meeting7th CLE10th Young Lawyers Division Meeting15th Deadline SCBA Newsletter17th Family Law Section Meeting20th SCBA Board of Trustees Meeting21st CLEththSuperior Court AssignmentsPresiding Judge:Juvenile Court:Judge Michael T. DownesTrial Calendar Call and Motions to Continue Trial ---Civil Motions:Judge WynneJudge OkrentJudge BowdenJudge OkrentDept. 2Judge McKeemanJudge WilsonCommissioner WaggonerJuly 2-13July 16-20July 23-27July 30-August 10Criminal Hearings:Judge AppelJuly 2 & 3Judge OkrentJuly 5 & 6 & July 13Judge DingledyJuly 9-12Judge EllisJuly 16-27Judge BowdenJuly 30-August 10Criminal Motions:Judge FairJuly 2-6Judge LucasJuly 9-13Judge FarrisJuly 16-27Judge WeissJuly 30-August 10Criminal Dept. Judges:Judges Farris, Krese, Bowden, Fair, Kurtz, Weiss, Appel and DingledyCivil Dept. Judges:2Judges Wynne, Lucas, Okrent, and EllisEx Parte/Commissioner Civil Motions:1Commissioner BedleFamily Law Calendars:1Commissioners Stewart, Brudvik and GaerPlease note: All assignments are subject to change without notice and assignments may not change on the first day of the month.JULY/AUGUST 2012 - Snohomish County Bar News 3
From the Desk of thePresidentStephanie PetersenIn the 1970s, my uncle Ron had the coolest jobever. I’m talking Smokey and the Bandit, “Eastboundand Down” kind of cool. BJ and the Bear cool.Uncle Ron was a trucker when truckers were popculture icons. When he wasn’t hauling beer acrosscounty lines pursued by Buford T. Justice (ok, no thatwas just a movie), he was driving his 18 wheeler allover Eastern Washington hauling fruit and produceto the Port of Seattle. On one of his trips up theOkanogan, Uncle Ron came across Carr’s SpectacleLake Resort. A few miles outside of Tonasket, thisone story motel and campground was owned byformer Snohomish County lawyer Frank B. Carr andhis wife, Lou. Of course, as a kid, that wasn’t on myradar. The Carrs were just the the extra set of summergrandparents who owned the resort, smoked ourrainbow trout, and sold candy cigarettes for twentyfive cents a pack.We made the trip to Spectacle Lake every year.All the dads had mutton chop sideburns, Lucky Lagerin the cooler, and Camels in the shirt pocket. Themoms sported perms and Jackie O sunglasses. Weloaded the 1970 International Travel-All with a bed inthe back for the kids, and ran a Friday night convoyover the pass. Upon arrival, we ran all over theplace, screen doors slamming as we went from roomto room, bare feet slapping on the hot sidewalk, thesmell of chlorine wafting down from the pool outback. Every morning we’d get up with the sun and goout to fish with our dads, our magic bait combinationalways a closely guarded secret. Should someoneask, “What’re you using?” The standard answer hadto be, “Grasshoppers and marshmallows,” to throwoff the derby competition!I learned a lot about fishing at Spectacle Lake. Ilearned how to bait a hook and cast a line. I learnedhow to be patient and not be a “Bait Check Chickie”.I saw Dad remove a hook gently, leaving a smallfry to swim another day. . . and I learned that onceyou put the fish on the chain, it’s a good idea to justlook off the other side of the boat for awhile till theclunking stops.When my daughter was old enough to fish, Iwondered, could I go back? Would it be the same? So4 Snohomish County Bar News - JULY/AUGUST 2012we loaded up once again and headed to the Okanagan.The Carrs were gone, but the rooms had the samewood paneling, the same bunk beds and gas ovensthat have to be lit very carefully with a long match(or you will lose both eyebrows). I watched my dadmentor his grandgirls in the fine art of stocked laketrout fishing. My niece, by nature a free spirit, didnot want to be mentored. She didn’t want to bait herhook or fix her rigging in the traditional way. Thesinker was boring, so she fixed a bright yellow bobberabout 4 feet from the hook. She didn’t like castingor waiting, so she just plunked her line over the sideof the boat. Did she catch anything? Yes – a nastyyellow perch.Because this is a column in the bar news, andyou probably have had enough of my personalreminiscing, you won’t be surprised when I bring thisstory back around to a topic that is front and centerbefore your SCBA; Mentoring. The relationshipbetween a good mentor and a willing mentee is avaluable thing, in fishing and in the practice of law.In May, the WSBA released the results of its 2012Membership Study. According to WSBA DirectorPaula Littlewood, the significant findings from thestudy include:Professional Transitions: Dramatic professionaltransitions will occur in the next five years, nearly ¼of the membership (over 7,200 members) is activelyconsidering retirement, 7 percent are planning to leaveapart from retirement, and 25 percent are planningto significantly reduce their practice. This trendwill create vast opportunities for younger attorneys.Altogether, 56% of the existing membership isprojected to either retire, depart the profession orsignificantly reduce their practices during the next5 years. These figures do not account for inflows ofnew graduates, attorneys entering or leaving the state,and other factors.Currently, 19% of all members are in solo practiceand of the 48% who are practicing in law firms, 40%also identify themselves as solo practitioners. Fourspecific factors supporting career stability wereidentified: mentoring, spousal support, income, andwork/life balance. More information and a link tothe full study can be found at: p-Study.With the WSBA’s decision this spring to stopfunding the Washington Young Lawyers Division,Your SCBA Board has stepped into the breach. Wenow have a Mentorship Committee, co-chaired by
SCBA Treasurer Jennifer Rancourt and TrusteeKari Petrasek. Working with our local WYLDrepresentative, Michael O’Meara, the goal is tojoin experienced SCBA attorneys with colleaguesrelatively new to the practice. As the WSBAMembership Survey shows, a tremendous numberof experienced attorneys will be retiring or leavingthe practice over the next 5 years. There are alsoan unprecedented number of new attorneys going italone in this tough job market. If you are interestedin becoming a mentor, please contact Ms. Rancourtor Ms. Petrasek and volunteer to get involved. Theprogram will start next fall and we anticipate that itwill be a great benefit to our members. That’s a 10-4good buddy. ADR Section NewsThe Alternative Dispute Resolution (ADR)section annual meeting will be on Wednesday, July11th 2012, noon - 1:30, on the 6th Floor of theRobert L. Drewel Administration Building, Rm.6A02. The website is ready for more members tojoin: www.snocoadr.org. We have a link from theSCBA website and expect to establish one directlyfrom the Snohomish County Court website. Abrochure on the ADR section and ADR options isavailable at the courthouse. Snohomish CountyYoung LawyersAttention Snohomish County Young Lawyers: Wewill be having our next monthly meeting at El Paraiso(2801 Colby Avenue) Everett on Monday, July 9, 2012at 5:00 p.m. All members are invited to attend.Any active member in the Snohomish County BarAssociation is a young lawyer until the person is 36years of age or until the fifth year in which any memberhas been admitted to practice, whichever is later. If youare interested in becoming involved with the SCYLD,please attend our next meeting (second Monday ofevery month at 5:00 p.m.) or email Perry McConnell atPerry@thirdstreetlaw.com. We look forward to seeingeveryone on July 9, 2012 at 5:00 p.m. SAVE THE DATE!The Washington Young Lawyers Division and TheSnohomish County Young Lawyers DivisionInvite all new and young lawyers to attend:A NETWORKING & SOCIAL EVENT AT ASEATTLE MARINERS GAME WITH THE WYLDFriday, July 13, 2011 AT 7:10 P.M.vs. the Texas RangersTickets: 20.00 - includes entrance and reservedseating with your young and new lawyer colleagues.ONLY 40 TICKETS AVAILABLE!Starting at 5:30 p.m., enjoy food, drinks and pregame socializing at Pyramid located across thestreet from the ballpark.TO BUY TICKETS, or for more information, pleasecontact: Kari Petrasek at kari@carsonlawgroup.com orChris Wong at chris@mcbdlaw.com.Volunteer Attorneys Needed for “Serving OurSeniors” Will ClinicInterested in learning more about estate planning whileperforming a much-needed public service? Please joinus for Serving Our Seniors,* a public service projectbrought to you by the WYLD Public Service/Pro BonoCommittee, Snohomish County Legal Services, andthe Snohomish County YLD.New and young attorneys with an interest in estateplanning work will be matched with experienced estateplanning attorneys to interview clients and draft wills,advanced directives, and power of attorney documentsfor those aged 60 or older residing in HUD housing orliving at 200% of the federal poverty level in the Snohomish County area.When: Saturday, July 7, 20129:00–4:00 p.m.: Orientation and Clinics (eachattorney will see approximately 3 clients)4:00–6:00 p.m.: Networking Social - join othervolunteer attorneys, local attorneys from theSnohomish County Bar, and YLD MembersWhere: Snohomish County Legal Services,Everett, WAFor more information or to volunteer, please contactRachel Edmiston (rachel.edmiston@gmail.com) orKari Petrasek (kari@carsonlawgroup.com).*Serving Our Seniors is funded by a subgrant from the American BarAssociation and the Washington Young Lawyers Division. It is not connected to the Washington First Responder Will Clinic.JULY/AUGUST 2012 - Snohomish County Bar News 5
MEDIATIONSLaw Office of Robert PerezMirka NakovskiSex crimedefense since1977. Focusingon child andadult sexualabuse cases.Experienced Family Law AttorneyTitle 26 and 13 Guardian ad LitemTrained MediatorRefer withconfidence.(425) 339-21003228 Broadway AvenueEverett, WA 98201mirka@NakovskiLaw.comAVAILABLE TO MEDIATEparenting plan disputesasset and debt divisionworkplace problems 175 per hourFluent in Polish and Russian, basic knowledge of SpanishWe’re here to425-748-5005www.robertperezlaw.com1520 140th Avenue NESuite 200Bellevue, WA 98005SOLVEPROBLEMS!We give you an alternative method to resolve your dispute.We have the tools. We have the ability.And, most of all, we havethe experience.Joshua Green Building · 1425 Fourth Avenue, Suite 300 · Seattle, WA 98101206.223.1669 · www.jdrllc.comCHARLES S. BURDELL JR.Former King CountySuperior Court JudgeGEORGE FINKLEFormer King CountySuperior Court JudgeLARRY A. JORDANFormer King CountySuperior Court Judge6 Snohomish County Bar News - JULY/AUGUST 2012PARIS K. KALLASFormer King CountySuperior Court JudgeRepresenting everydaypeople facing extraordinarycircumstancesAlternativeDispute Resolution Solutions· Mediation, arbitration, hearing officer, specialmaster and litigation consultation services.· A well-appointed arbitration room, with breakoutrooms for each party; secondary arbitration roomwith adjacent breakout rooms nearby; and severaladditional mediation conference rooms as well asan upgraded audio/visual technology system.· All panelists are former Washington State SuperiorCourt Judges or Court of Appeals Commissioners.· Talented staff coordinates scheduling andother support.STEVE SCOTTFormer King CountySuperior Court JudgeJAMES VERELLENFormer Washington StateCourt of Appeals Commissioner
“No I do not” he says. Petitioner rolls her eyes andacts exasperated. “Yes he does!” she bursts out. “I’mnot so pretty, why is he fixated on me? He should justgo away!”by Pete Patterson“Quiet!” Friday says, “Just the facts ma’am.”“Ok, I am sorry. He called me 14 times on FridayDragnetnight to check up on where I was and what I was doLadies and Gentlemen, the story you are about to hear ing. Then he called me 10 times Sunday”.is true, only the names have been changed to protectTurning again to the respondent, Friday asks “Sir,the innocent.do you do that?”This is the city, Everett Washington. In this town“No I did not”.there are a lot of stories, this is just one of them.“ I see you have children in common”, says theIt was Tuesday, the 5th. Because it is June in EverettCommissioner,“do you have a Parenting Plan or anyit was cold and raining. I was working the family lawkind of Divorce Decree?”motions calendar with my partners, Spalter and Mi“The lawyer wanted too much money” says the Pecheli. My name is Patterson, I carry a briefcase.titioner, and Respondent nods and says “Did you knowThe motions calendar began promptly at 9:00AM. The decay of society is such that these run in two they make 300 per hour?”.“So is the answer no, you dont have a parentingcourtrooms all morning in the Commissioners Deplan?” Both nod their heads.partment, designated B and C. Commissioner HarryMorgan sat in department B; in Department C sat Joe“How often do you see the children?” the CommisFriday. This is where I sat, as well, along with the usual sioner asks the Respondent. “When I am off work” hecompliment of lawyers and litigants and their extended says. “What do you do? “ the Commissioner asks.families. Also, because lawyers are expensive, many“I crush rocks”, he says.people appear there pro se, that is representing them“Do you ever get a day off?” the Commissionerselves.asks.( Cue Dragnet Music)“When the crusher breaks down” he says.Because the litigants believe in Liberty and Justice“So irregularly” the Commissioner concludes.for All they come as they are to court, not expecting“Look People”, the Commissioner begins, “ I don’tthis is anything formal or a place where they need toknow how the public education system managed toshow respect for the people they encounter. The firstproduce such stellar graduates as you who yet havepro se litigants are no exception. The petitioner is injeans and a blouse that requires little imagination. Both the ability to communicate but dont understand whatgarments require attention at a laundry. The respondent is being said, but it is clear to me what the message is:You are still stuck on each other and can’t get over it.is wearing what is known as a “wife beater”, a shirtWell folks let me tell you we don’t have time for this,with the sleeves torn off and is in the now mandatoryyour kids don’t have time for this, and before long youpair of jeans as well. Both are heavily tattooed. Theare going to be 50 something and realize you dont havecolloquy between the bench and the litigants soundedtime for this. So go out in the hall, make a decision tolike so many we have heard over the years.walk away or marry, but get on with it. Motion denied.“I want him to stop” the lady petitioner said.Case closed. Next case!”“Stop what?” Commissioner Friday asked, “IThe parties decided to cross the courtyard andcouldn’t tell from your pleadings just what it was youobtaina marriage license. They wed three days later inwanted the Court to do”.Everett District Court. After five years of questionable“He is harassing me”, she says. “How so?” Fridayco-habitation they separated, but filed for Dissolutionasked. “He keeps calling me and sending me text mes- in Lincoln County, where they wouldn’t have to appearsages.”personally to enter the Decree.Turning to the respondent, Friday asks “Sir, do you( Cue Dragnet Music ) do that?”The Lawyer’s RoadReviewJULY/AUGUST 2012 - Snohomish County Bar News 7
Judge Ronald L. Castleberry (Ret.)is pleased to announce his availability forArbitrations and MediationsPlease contact Connie Senyitko at Adams & Duncanto schedule hearings with Judge Castleberry.425.339.8556 - connie.senyitko@AdamsLawyers.comAdams & Duncan, Inc., P.S.3128 COLBY AVENUEEVERETT, WASHINGTON 98201TELEPHONE: (425) 339-8556FACSIMILE: (425) 339-2353www.AdamsLawyers.com8 Snohomish County Bar News - JULY/AUGUST 2012
LAW Fund and Campaignfor Equal Justice UpdateBy Ann Brice, Snohomish CountyLAW Fund Board MemberI had the privilege of attendingthe 2012 Access to JusticeConference in Yakima this pastweekend. This year’s theme was“Our New Economic Reality:the Legal Profession’s Role.”Speakers encouraged us to use newtechnologies to create opportunitiesto serve the growing needs of lowincome people. We were alsoencouraged to think creatively abouthow people can obtain better accessto the courts. A prime examplewas the Northwest Justice Project
JULY/AUGUST 2012 - Snohomish County Bar News 3 sCbA CAlendAr of evenTs superIor CourT AssIgnmenTs October 2012 3rd ADR Section Meeting 8th thYoung Lawyers Division Meeting 15th Deadline SCBA Newsletter 15th Family Law Section Meeting 18th SCBA Board of Trustees Meeting 19 th CLE Evidence Issues July 2012 9th st Young
