Welcome to the inaugural digital version of TCBA's Legal Brief. We hope you will become comfortable with this digital version as we trial this during the next year. The purpose of this transition is three-fold. One, we hope this platform provides a more interactive experience for our members; two, we hope to reduce our carbon footprint by reducing paper use; and three, we hope to reduce the association's overhead costs. We welcome your feedback. Please reach out to any of your board members with questions, concerns and suggestions.
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THE LEGAL BRIEF
A Publication of the Thurston County Bar Association
President’s Message By: Wayne Graham
Once we had an easy ride and always felt the same Time was on our side and we had everything to gain This could be like yesterday Is that me or happy days?
Inside this issue:
Won ’ t you tell me
President’s Message
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Where have all the good times gone?
Meet your Board
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Keeping with my theme for my last message as your Bar president, and it is with great humility that I make my attempt to convey something of note as I exit stage left. Time is rarely on our side but recognizing that and appreciating it is a start in taking advantage of every moment that God has given us. And that is what I will try to do. Over the last couple of years, we have refocused on our lunchtime CLE topics to include a varied range of speakers to meet our members interests, we will continue to attempt to provide half - day CLE ’ s that meet our Associations goals and would welcome any suggestions for future presentations. We continue to improve our relationship with the Bench during our Bench/Bar meetings, next one on June 26th and I am very proud to have been a part of those efforts.
Daniel Bigelow Award Winner: Charles “Skip” Houser III
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View From the Bench
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Classifieds/Ads Misc Updates and Announcements/Invites
3, 5, 6, 7, 11, 13, 19, 20, 21, 22, 24, 25, 27
Young Lawyer’s Spotlight: Chelsea Raines Dispute Resolution Center of Thurston County
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I am confident there are more good times on the way.
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To be able to present the Bigelow award at our summer dinner to Skip Houser is one of the high points of my year. It was a great event and a beautiful night up at the County Club, if you haven ’ t been to the annual dinner recently, we hope to see you there next year. The Diversity, Equity and Inclusion CLE down at Rivers Edge is another of many highlights. Working and collaborating with our current Board has been an extremely satisfying experience. Finally, we are in a much better position financially as we look forward to new challenges for our Association.
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Washington State Law Library Article
Sound Legal Aid
12, 28
Section Updates
14, 15, 16, 17, 18
I am so very proud to have had the privilege to serve as your Bar President over the last year and will stay committed to our efforts in the future.
“In Re”: Carter Hick
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I wish you all a wonderful summer and take some time, smell the honey in the air, walk the lake, hit a golf ball, go to a concert, get on the water, camp, and most importantly, take some time to enjoy family and friends. As Sax Rogers told me, “ It ’ s supposed to be fun ”. And we hope to see you at the TCBA BBQ on August 1 down at the Tumwater Historical Park. At the end of your life, you will never regret not having passed one more test, not winning one more verdict, or not closing one more case. You will regret time not spent with your spouse, friends, children or family. Here ’ s to no regrets.
Law Day Speech Contest
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TCBA Annual Meeting & Dinner
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29-33
Bias in Judicial Performance Evaluations, the Problem and Proposed Solutions By Andrea Răchită and Judge Rebecca Glasgow
With that, I will bid you adieu. Great first Wordle word...
Brandon, the lyrics above are from an old band called Van Halen, you should look them up ….
Have a wonderful summer!
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Board Members 2023-2024
Wayne Graham President
John Kesler III President Elect
Brandon Koenig Treasurer
Michael Young Past President
Melissa Goldmann Secretary
William B. Pope Board Member
Angela Colaiuta Board Member
Matt Huot Board Member
Rosemary Fitzgerald Board Member
Jerry Gray Board Member
Marie Docter Board Member
Joseph Scuderi Board Member
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Congratulations to Charles “ Skip ” Houser III for being selected as the 2024 Daniel Bigelow Award Recipient!
Skip was admitted to the Washington State Bar Association in 1981 and currently practices with Budd Bay Law P.S. He has almost 42 years of service in our community! His service to the community has largely focused on providing legal assistance to local boards and commissions: Boards of Port Commissioners, Fire Commissioners for County Fire Protection Districts and numerous Home Owners ’ Associations. He has also served as legal counsel to the Olympia Farmers ’ Market and as a consultant to various criminal justice organizations. Skip continually volunteers in the community. For many years when his children were younger, Skip could be found refereeing at local football games and volunteering behind the scenes. He has been a member of the Gateway Rotary Club for over a decade and has belonged to and volunteered for other service clubs. He has been recognized for his pro bono service by the Washington Supreme Court Pro Bono Publico honor Roll and previously served as a mentor for new attorneys in our community. Skip has regularly served as a Pro Tem judge and Parking Magistrate for the City of Olympia, as well as a Pro Tem judge and settlement judge for Thurston County District Court and Superior Court, and in on the Panel of Arbitrators for Thurston County. Even with all of these outside commitments, Skip will always willing to help!
Thank you, Skip, for your commitment and countless hours volunteering in the local legal community!
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A View From The Bench
By Judge Christine Schaller Thurston County Superior Court
It is May – May 10 th to be exact. Spring is in the air and summer seems close. I am getting ready to go to the TCBA Annual Dinner, where Skip Houser is
receiving the Bigelow Award. My daughter, who finished her first year of college and is returning home tonight, thinks it is base treachery that I am attending the Annual Dinner, instead of picking her up at the airport. My attempts to explain to her that the Annual Dinner is one of the few times each year where lawyers and judges come together, socialize, and realize we are all just normal people, fell on deaf ears. This conversation with my daughter, however, reminded me of a few important things … We all know that we are fortunate to be part of the Thurston County legal community. I know I am biased (my conscious bias), but I cannot imagine there is a better place to practice. I loved my 8+ years of private practice here, duking it out in court on behalf of my client, while maintaining a good, cordial, and respectful relationship with opposing counsel. I have also enjoyed my 19+ years as a judicial officer in Thurston County, hearing arguments of counsel, deciding cases and working with fellow lawyers within our legal community to improve our system and access to justice. Lawyers in Thurston County have always been and continue to be innovative and collaborative. This past summer, I had the privilege of attending the Washington State Bar Association ’ s celebration of lawyers who have been in practice for 50 years. It was very cool to be in a room with people who had combined, thousands of years of legal experience. Some of our very own local lawyers were honored, including Steve Foster, Bill Pope and Tom Westbrook. In speaking with each of them, they highlighted that the best part of being a lawyer during the last 50 years has been making a meaningful, positive impact in people ’ s lives and in our community. They each also stressed the importance of respect and professionalism in everyday practice. That resonated with me. I hope their 150 years of experience resonates with you as well. Finally, I am adding this last paragraph after attending the Annual Dinner. It was a huge success and a great turnout. If you were unable to attend this year, please get it on your calendar for next year! Skip Houser ’ s statements when he received the Bigelow Award centered around his work in the profession and in the community. Skip ’ s love for the law and legal profession was tangible. He spoke of how thankful he was to practice in Thurston County and the importance of integrity of lawyers. One thing he stated was a quote he attributed to attorney Brent Dille “ Attitudes are contagious – what are you spreading. ” Wow – brilliance in such a short, succinct statement. I think that applies to all of us and I will be keeping that in my mind now and in the future.
Enjoy your summer!
ADVERTISING IN THE LEGAL BRIEF
The cost for advertising is $264 for a full page, $132 for 1/2 page, $60 for 1/4 page, and $30 for 1/8 page.
All advertisements are subject to approval of the Legal Brief ’ s Editorial Board. The Legal Brief is published bi - monthly (January, March, May, September and November).
For information on specs and to view past editions of the Legal Brief, visit our website:
The Legal Brief – Thurston County Bar Association You can now pay for your advertising online here!
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Looking for a new job opportunity or do you want to advertise a job opportunity at your law firm? Check out the Employment Opportunities page on the TCBA website, www.thurstoncountybar.com
There is no charge to post legal job opportunities.
Email Heather at tcba.info@gmail.com for more information.
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Young Lawyer Spotlight By Devin Kohr & Peter Lindgren, Young Lawyer Section Co - Chairs
Chelsea Raines
WSBA # 55537
I grew up in … Shelton, WA (mostly).
Before Law School I … had hopes and dreams … Bad jokes aside, I lived in Olympia and worked as a poker dealer.
What I find challenging about being a new/young lawyer is … the uncertainty of not knowing what I'm unaware of.
Some helpful advice received from a more experienced lawyer … always keep an emergency blazer nearby.
If I wasn ’ t an attorney, I ’ d be … a dentist.
I enjoy reading … Voltairine de Cleyre, Angela Davis, and a bit of H.P. Lovecraft to keep things weird.
The most memorable trip I ever took was … honestly? I don ’ t travel much so I suppose the answer is Disneyland.
My wellness routine includes … playing Pokémon, caring for my farm in Stardew Valley, and listening to the Werewolf Ambulance podcast.
Nobody would ever suspect that … collect teacups.
My favorite song right now is … “ Duck Tales ” cover by Suburban Legends.
I am happiest when … it rains.
Three favorite places in Thurston County are … Tumwater Falls, Old School Pizzeria, Headless Mumby.
What you like about being a part of the TCBA … I like that the TCBA provides CLEs and offers me the ability to build meaningful connections with my community.
About me: I grew up all over South Sound Washington and have always been passionate about justice and advocacy. My journey to becoming an attorney began at a young age, inspired by the beauty of our historic courthouses and the captivating presence of attorneys in suits. While I have built a fulfilling career in family law, outside of work, I enjoy hockey, German Expressionist films, and anything Disney. These simple pleasures keep me grounded and remind me that even attorneys need to have some fun.
If you would like to be featured in the Young Lawyer Spotlight or know someone you would like your fellow lawyers to get to know, email the TCBA Young Lawyers Section Co - Chairs, Devin Kohr at dkohr@bgwp.net or Peter Lindgren at plindgren@bgwp.net
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News from the Washington State Law Library
In - Person Research Service Available
The State Law Library is open for in - person research services, Monday – Friday, 9:00 am to 4:00 pm, at our Tumwater location. You are strongly encouraged to review our updated website before your visit: https://www.courts.wa.gov/library/. Please contact the Reference Desk at library.requests@courts.wa.gov or 360 - 357 - 2136 if you have any questions. We look forward to seeing you and assisting you with your legal research. New ABA Titles to be Added to the Library Collection The law library has selected a number of titles from the American Bar Association to be added to the collection. These new titles include The Divorce Paralegal Handbook, Getting the Whole Truth: Interviewing Techniques for Lawyers, The Rule - Out Method of Criminal Defense, Litigating Adverse Possession Cases, Ridesharing Law and Liability and Winning in Your Own Court: 10 Laws for a Successful Career Without Burning Out or Selling Out . To find out the circulation status of these titles and many more, please be sure to check the library catalog (https://librarycatalog.courts.wa.gov/) on our website or contact us at library.requests@courts.wa.gov or 360 - 357 - 2136. FAQ: How Do I Know if the Book I Want is Available to Check Out at Your Tumwater Location? When the law library moved during the renovation of the Temple of Justice, we could not bring every book with us. Unfortunately, we are not able to visit the Temple during the renovation to retrieve books we had to leave behind. In order to ensure that we have the book you need here in Tumwater, look for “ Town Center ” in the book record in our catalog. You can even filter your search to only Town Center books by selecting that location under the “ Refine Your Search ” menu. You ’ re also welcome to contact us to verify. If we don ’ t have the book you ’ re looking for, we can try to find it at another library through interlibrary loan. This free service is available to WSBA members. You must be able to pick up and return the book at our Tumwater location to check out books using interlibrary loan.
Need Briefs?
Did you know that the law library has the largest collection of appellate briefs in the state? If you need a brief to review for your case, we can scan a PDF copy for you. Our collection consists of Court of Appeals briefs for published cases and Supreme Court briefs. Please email your case citation or case number to library.requests@courts.wa.gov for this free service. Please allow up to 48 hours after your request to receive the scan.
Follow us on Social Media
Be the first to know about what ’ s happening at the State Law Library. For service updates, special events happening in the legal world, new blog posts and even a cheeky post or two from the reference staff, follow us on these platforms: Facebook (@walawlibrary) and Linkedin.
https://www.facebook.com/walawlibrary/ https://www.linkedin.com/company/washington - state - law - library
Upcoming Holiday Closures WSLL will be closed on the following holidays: May 27: Memorial Day June 19: Juneteenth Day July 4: Independence Day
The law library research room at Town Center 3 in Tumwater.
- Contributed by Washington State Law Library reference staff.
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Please help support legal organizations in the Thurston County community by donating!
Williams, Wyckoff & Ostrander, PLLC
We have spent over 30 years protecting injured workers in workers ’ compensation cases. Williams, Wyckoff & Ostrander, PLLC 2958 Limited Lane NW P.O. Box 316 Olympia, Washington 98507 Phone: 360.528.4800 Email: wwo@wwolaw.net Website: wwolaw.net
Thurston County Volunteer Legal Services
https://tcvls.org/donate/
and
The Dispute Resolution Center of Thurston County
https:// www.mediatethurston.org/ donate.html
Thank you for your support!
We provide free consultations to injured workers and we welcome your referrals.
CONGRATULATIONS to the 2024 TCBA Annual Golf Tournament Winners!
KP#1: Jeff Myers KP#2: Ben Sockle Long Drive: Greg Rhodes
Winning Team: Patrick O ’ Connor, Kevin Griffin, Phil Griffith and Kevin Love!
Thank you to everyone who participated in the 30th TCBA Annual Golf Tournament this year!
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Section/Committee Announcements...
DIVERSITY AND INCLUSION SECTION
The next section meeting has not been scheduled yet.
Meet the Diversity & Inclusion Section Chair KELSEY GASSELING
If you have any questions, please contact
Kelsey Gasseling at Kelsey.gasseling@co.thurston.wa.us
VISIT THE TCBA DIVERSITY AND INCLUSION SECTION WEB PAGE HERE FOR MORE INFORMATION
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Section/Committee Announcements, Continued
YOUNG LAWYER SECTION
The next section meeting is on June 19 at 5th on 4th Sandwiches in Olympia at 12:00 p.m.
Meet the Young Lawyer Section Co - Chairs PETER LINDGREN DEVIN KOHR
If you have any questions, please contact
Peter Lindgren at plindgren@bgwp.net and Devin Kohr at dkohr@bgwp.net
VISIT THE TCBA YOUNG LAWYER WEB PAGE HERE FOR MORE INFORMATION
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Section/Committee Announcements, Continued
FAMILY LAW SECTION
Meetings are typically held on the second Tuesday of every month. Meetings are held at 12:10 p.m. via Zoom.
Meet the Family Law Section Chair MEREDITH GERHART
If you have any questions, please contact
Meredith Gerhart at 360 - 350 - 6505 or Meredith@gerhartlegal.com
VISIT THE TCBA FAMILY LAW SECTION WEB PAGE HERE FOR MORE INFORMATION
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Section/Committee Announcements, Continued
REAL ESTATE, LAND USE AND ENVIRONMENTAL LAW SECTION
Stay tuned for information about a section CLE/meeting in June!
Meet the Real Estate, Land Use & Environmental Law Section Chair TREVOR ZANDELL
If you have any questions, please contact
Trevor Zandell at 360 - 742 - 3500 or tzandell@dfpblaw.com
VISIT THE TCBA REAL ESTATE, LAND USE AND ENVIRONMENTAL SECTION WEB PAGE HERE FOR MORE INFORMATION
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Section/Committee Announcements, Continued
CRIMINAL LAW SECTION
Stay tuned for details about the next section meeting.
Meet the Criminal Law Section Co - Chairs ROSEMARY FITZGERALD & ANGELA COLAIUTA
If you have any questions, please contact
Rosemary Fitzgerald at rosemary.fitzgerald@co.thurston.wa.us or Angela Colaiuta at angela.colaiuta@co.thurston.wa.us
VISIT THE TCBA CRIMINAL LAW SECTION WEB PAGE HERE FOR MORE INFORMATION
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TCBA & Other Upcoming Events
Trivia Nights: Bring your friends and colleagues and come join the TCBA team for Trivia Nights on June 11, July 16, and August 13 at 7:00 p.m. at Well 80 Brewhouse in downtown Olympia! RSVP to tcba.info@gmail.com so we can save you a seat!
Save the Date: The TCBA Summer BBQ - August 1, 2024, at 5:00 p.m. at Tumwater Historical Park!
September 2024 Issue of the Legal Brief: The deadline to submit articles and advertisements for the September 2024 Legal Brief is August 22, 2024. Please email them to Heather Ligtenberg at tcba.info@gmail.com.
Save the Date: TCBA September Half –Day CLE: September 27, 2024, from 9:00 a.m. - 12:00 p.m. at Tugboat Annie ’ s & on Zoom. The Topic is: Evidence. Stay tuned for more information.
Save the Date: The TCBA Annual Holiday Lunch is on December 6, 2024, at 12:00 p.m. at the Olympia Country & Gold Club. Stay tuned for more information.
Please refer to the “ News & Events ” section on the TCBA website for a full list of upcoming events.
May 2024 Swearing - in Ceremony
On May 6, 2024, at 4:30 p.m., Thurston County Superior Court Judge, the Honorable Anne Egeler presided over the swearing in of three new attorneys, Paige Doyle, Caitlin Rabiyan, and Jordan O ’ Connor.
Congratulations to the three new attorneys!
From left to right: Paige Doyle, Caitlin Rabiyan, Jordan O ’ Connor, and Judge Egeler.
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Dixie Cattell & Associates, LLC
Let us handle all your court reporting needs. We provide prompt, high - quality transcripts and professional service. Offering Depositions via Zoom Videoconferencing or In Person.
Certified Court Reporters & Videoconferencing
• Depositions/Arbitrations/Interviews
Online Scheduling
•
• Complimentary Conference Rooms • Electronic PDF Transcripts • Experienced Legal Videographers • Hyperlinked Exhibits • Online Transcript Repository
Call 360 - 352 - 2506 or email us at:
dcattell@comcast.net to schedule your next deposition.
There are several ways to handle exhibits with Zoom.
Options include emailing them to all participants and using screen share or other Zoom features. We will consult with you prior to your deposition to assist with the method that works best for you.
Save the Dates
2024 TCBA Member Luncheon and CLEs at Tugboat Annie ’ s at 12:00 p.m. (Social 1/2 hour starts at 11:30 a.m.):
The TCBA Annual Barbecue is on Thursday, August 1, 2024, at Tumwater Historical Park at 5:00 p.m.
Bring your family and come enjoy some good food* & fun!!
Tumwater Historical Park has an amazing playground for kids!
Please RSVP by July 29 to tcba.info@gmail.com
October 25, 2024 November 22, 2024
*Please let Heather at TCBA know if you would like a veggie burger.
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Bring your friends, spouses and colleagues and come join the TCBA team for Trivia Nights on June 11, July 16, and August 13 at 7:00 p.m. at
Well 80 Brewhouse in downtown Olympia!
RSVP to tcba.info@gmail.com so we can save you a seat!
TCBA members, spouses & friends at Trivia Night in April!
TCBA 1st Annual Bike Ride
On May 11, 2024, TCBA members, spouses and friends met for the 1st annual bike ride, organized by TCBA Board of Directors, Michael Young and Brandon Koenig. The bikers met at Dancing Goats Coffee and then headed out on a 9.4 mile bike ride down Boston Harbor Road to the Shell mercantile and back! It was a lot of fun and the weather was perfect for a bike ride!
TCBA members, spouses & friends at the 1st Annual Bike Ride!
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“ In Re: Carter Hick ”
1. Name and year admitted to Bar: Carter Hick. 2005.
2. Areas you practice in: Pretty much all personal injury, with some civil rights and employment law mixed in from time to time.
3. I became a lawyer because . . . . idealistic notions of a vague concept called “ justice. ”
4. The hardest part of being a lawyer is . . . finding “ justice ” . . . and staying healthy, friendly and optimistic during the process.
5. I would give this advice to a first - year law student: Don ’ t try too hard. As Yoda instructs, “ there is no ‘ try ’, only ‘ do. ’” In other words, stop worrying. Just show up (consistently). Do good work (consistently). Communicate and treat others with kindness and respect. The path will naturally unfold from there.
6. Traits I admire in other attorneys: Professional integrity. Preparedness. Ability to communicate. Treating others with kindness and respect.
7. If I were not practicing law, I would be . . . farming full time and participating full time in rebuilding local and regional food economies / food systems.
8. What is the first thing you will do when you retire? I don ’ t subscribe to the state of mind this question assumes! I am doing now all the things I want to do. When I find there are other things I want to do, I will do those things, too! What is this retirement thing? Sounds like an excuse for something? 9. If you could time travel, would you go to the past or the future? Why? Probably the past in order to see and learn some of the skills we have lost as human Beings due to the industrial revolution and the advent of our “ tech no - logic al ” society.
10. What words of wisdom would you pass on to your childhood self? Don ’ t let fear drive your decision making. Always follow your heart.
11. What words of wisdom would you give to a young lawyer new to the profession? See answer to number 5, above, with one edit. “ Do good [legal] work (consistently). ”
Brief synopsis of Carter Hick, his personal life, work life, and any special awards or activities.
I am a human Being. I started my legal career with the AGO, Labor & Industries Division. From there I worked with a local firm for about 10 years before opening Carter Hick, PLLC, in 2016. In addition to representing the people, I also like to clothe the people and feed the people. What ’ s that you say? Well, I like to make my own clothing / make clothing for others, and I currently grow food on multiple acres for myself and for others (heritage grains and heirloom legumes). Additional activities of interest include breathing, stretching, walking, cycling, surfing, and food (not necessarily in that order).
Contact information (email and work phone):
carter@carterhick.com 360 - 943 - 7744
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2024 Law Day Speech Contest
The TCBA held the preliminary round of the TCBA Law Day Speech Contest for high school students on April 16, 2024, at the Thurston County
Courthouse. The topic this year was “ Do you support the changes made by Initiative 2113 (concerning vehicle pursuits by peace officers), do you support that RCW 11.116.060 should have continued to remain good law, or do you support some other change that would be more appropriate. ” Thank you to our panel of judges, Thurston County Superior Court Judge, the Honorable Christine Schaller and the Honorable Anne Egeler, and two TCBA Board of Directors, Marie Docter and Melissa Goldmann, for judging the preliminary round. We had 10 students from local high schools participate this year. All of the students did an amazing job preparing and presenting their speeches for the preliminary round. Rory Line, Natasha Thompson, and Christine Zang advanced to the finals which was held during a West Olympia Rotary Club meeting at Tugboat Annie ’ s on April 30, 2024. The West Olympia Rotary Club selected three members from the audience to be judges during the final round. The three finalists did an amazing job presenting their speeches once again. After deliberation by the judges, first place was awarded to Natasha Thompson, a senior at Olympia High School, second place was awarded to Christine Zhang, a senior at Olympia High School, and third place was awarded to Rory Line, a senior at Timberline High School.
The TCBA presented scholarship money to each finalist ($800 for first place, $600 for second place, and $400 for third place) and the West Olympia Rotary Club presented each of the finalists with a 1st, 2nd, and 3rd place plaques.
A HUGE THANK YOU to the following TCBA members and West Olympia Rotary Club members for donating towards the prize money this year:
Renah Blair Rietzke Family & Community Foundation
Church Rietzke Johnson
John Kesler III
Wertjes Atkission Law
Alan Wertjes
Dickson Frohlich Phillips Burgess
Judge Daniel Berschauer (Ret.)
Steve Henderson
Neil Falkenburg
Tom Henderson
Gene Johnson
From left to right: Natasha, Christine, and Rory.
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TCBA Annual Meeting & Dinner
Friday, May 10, 2024, was an eventful evening for the TCBA at the Olympia Country & Golf Club. The evening started with appetizers and socializing while listening to a variety of music from the 1970’ s selected by the Daniel Bigelow Award recipient, Skip Houser.
During the business meeting, the membership voted in the TCBA Board of Directors Officers and Non - officers for 2024 - 2025, including one new board member, Jeffrey Carr. A financial report was provided by our current Treasurer, Brandon Koenig, and presented by Wayne Graham, TCBA President. See page 26 for the financial report. After the business meeting, Wayne Graham started the presentation portion of the evening including the celebration of Skip Houser, who was selected as the 2024 Daniel Bigelow Award recipient! Skip gave a heartfelt speech to the members in attendance about his legal career and the importance of Community!
Congratulations to Skip for this well deserved award! Thank you for your dedication to the legal profession and for volunteering in our community. See announcement and photo of Skip on page 3.
The presentations ended with Wayne introducing John Kesler III as the incoming TCBA President for the 2024 - 2025 year. John then thanked Wayne for all of his hard work and dedication as the TCBA President this past year and presented him with a TCBA President plaque.
Thank you to everyone who were able to attend the TCBA Annual Meeting & Dinner!
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ATTENTION
TCBA Board would like to assure that our members are aware of the recent opinion issued by the American Bar Association related to RPC 1.6 on May 8, 2024. This opinion has not yet been adopted by Washington State, but all practicing attorneys should be aware of this opinion.
The formal opinion reads as follows:
Formal Opinion 511 Confidentiality Obligations of Lawyers Posting to Listservs
Rule 1.6 prohibits a lawyer from posting questions or comments relating to a representation to a listserv, even in hypothetical or abstract form, without the client ’ s informed consent if there is a reasonable likelihood that the lawyer ’ s questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer ’ s client or the situation involved. A lawyer may, however, participate in listserv discussions such as those related to legal news, recent decisions, or changes in the law, without a client ’ s informed consent if the lawyer ’ s contributions will not disclose, or be reasonably likely to lead to the disclosure of, information relating to a client representation.
The full discussion of this opinion can be found at: https://www.americanbar.org/content/dam/ aba/administrative/professional_responsibility/ethics - opinions/aba - formal - opinion - 511.pdf
May 2024 Financial Report by Brandon Koenig, TCBA Treasurer
As of April 30, 2024 the TCBA checking account had $28,645.11 We have $13,008.36 in CDs Total in the bank = $41,653.47
On April 30, 2023 we had $29,509.44. •
We have approximately $12,000 more than what we had last year. The biggest change that has occurred within the last year was that membership dues increased to $65 per year. This new rate is far below the fee that is charged by the Pierce ($160) or King ($280) County bar associations. This increase in funding will allow us to continue to provide services for our members and meet our community needs, such as through scholarship or nonprofit donations. We have a healthy organization from a financial perspective driven by member dues, newsletter advertising, and CLE attendance. We have an open budget, and any member is welcome to come and inspect our financial accounts should they wish to do so.
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Bias in Judicial Performance Evaluations, the Problem and Proposed Solutions By Andrea Răchită and Judge Rebecca Glasgow 1
We value diverse perspectives in Washington ’ s judicial system, and we know that a diverse judiciary enhances public confidence in the courts. 2 People who see judges who look like them report greater trust in the justice system. 3 And studies have confirmed what has been my personal experience conferencing cases on three - judge panels at the Court of Appeals. Diverse members of the bench enrich the substantive conversations among judges, and diverse members of a court can enhance the way that all members of a court approach cases. 4 In fact, the federal courts and the national Conference of Chief Justices of the state courts have prioritized efforts to ensure “ a diverse complement of highly competent judges ” because they know that a diverse judiciary is not just an aspiration. It is a requirement if we are to have any hope of eliminating systemic bias in our court system. 5 Washington has been at the forefront of taking steps to eliminate the effects of unconscious bias in our court sys- tem. For example, our pattern jury instructions describe unconscious bias and acknowledge that it is an aspect of hu- man nature that affects everyone. 6 The instructions urge jurors to recognize unconscious bias and eliminate it from their deliberations. Federal and some state courts in Washington show jurors a video about unconscious bias before they serve. And our Supreme Court has adopted General Rule 37 in part to reduce the effects of unconscious bias in peremptory challenges that have impacted jury diversity. In sum, we know that unconscious bias is something that affects all of us and we have taken significant steps to address it in Washington ’ s court system. Every two years, the Thurston County Bar Association calls on its members to complete a survey - based evalua- tion to rate the efficacy, knowledge, and demeanor of Thurston County Superior and District Court judicial officers. In recent years, BIPOC, LGBTQ, and female judges on the Thurston County bench have received noticeably lower rat- ings than their white male counterparts, perhaps as a result of unconscious bias. In 2021, of the 15 rated Thurston County judicial officers, the top six were white men, and BIPOC judicial officers were rated in the bottom third. In 2023, no BIPOC judge had an average score of four or higher, on a scale of five, for more than one rated category.
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1 The viewpoints expressed in this article are my own personal opinions, and they do not reflect any official position of the Court of Appeals. 2 Diversity on the Bench: Why It Matters in a Polarized Supreme Court (americanbar.org); Sherrilyn A. Ifill, Racial Diversity on the Bench: Beyond Roe Models and Public Confidence, 57 Wash. & Lee L. Rev. 405, 409 - 11 (2000). 3 Id. 4 See Diversity in the Judiciary Impacts How Cases Are Decided (businessinsider.com); Sherrilyn A. Ifill, Racial Diversity on the Bench: Beyond Roe Models and Public Confidence, 57 Wash. & Lee L. Rev. 405, 409 - 11 (2000). 5 https://www.uscourts.gov/statistics - reports/issue - 4 - judiciary - workforce - and - workplace; Microsoft Word - Resolu- tion 1 - In Support of Racial Equality and Justice for All.docx (ncsc.org) 6 WPI 1.01.
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(Continued from page 25) Bias in Judicial Performance Evaluations, the Problem and Proposed Solutions by Andrea Răchită and Judge Rebecca Glasgow
Thurston County Bar Association Judicial Evaluation Survey Results 2023 Ratings of Sitting Judges and Commissioners on a 5.0 Scale in Four Categories Knowledge of the law and court rules Prepared for court proceedings Treats participants fairly Makes efficient use of court time
Rank
% Respond- ing Yes, I Would Vote to Reelect or Support
Judicial Officer Demographic
Number of Catego- ries Where Average Rating Was Above 4.0
1
90% - 100%
white man
4
2
90% - 100%
white man
4
3
90% - 100%
white man
4
4
90% - 100%
white man
3
5
80% - 90%
white woman
2
6
80% - 90%
white woman
3
7
80% - 90%
white woman
4
8
80% - 90%
white man
3
9
80% - 90%
white man
3
10
70% - 80%
woman of color
1
11
70% - 80%
woman of color
1
12
60% - 70%
white woman
0
13
60% - 70%
white woman
1
14
60% - 70%
white woman
0
15
50% - 60%
woman of color
0
16
50% - 60%
white woman
0
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(Continued from page 26) Bias in Judicial Performance Evaluations, the Problem and Proposed Solutions by Andrea Răchită and Judge Rebecca Glasgow
Thurston County Bar Association Judicial Evaluation Survey Results 2021 Would Vote to Reelect or Would Support Continuing as a Commissioner
Rank
% Respond- ing Yes
Demographic
Number of Catego- ries Average Above 4.0
1
90% - 95%
white man
4
2
90% - 95%
white man
4
3
90% - 95%
white man
4
4
90% - 95%
white man
3
5
80% - 90%
white man
4
6
80% - 90%
white man
2
7
80% - 90%
white woman
2
8
80% - 90%
white woman
3
9
80% - 90%
white man
3
10
70% - 80%
white man
2
11
70% - 80%
white woman
1
12
70% - 80%
woman of color
0
13
60% - 70%
white woman
1
14
50% - 60%
white woman
0
15
50% - 60%
woman of color
0
Of course, a variety of factors could be at play, but a nationwide review of studies of judicial evaluations reveals that bias often plays a role in judicial evaluations like the TCBA ’ s. Since the 1980s, studies have shown that judicial performance evaluations like the TCBA ’ s have a tendency to disproportionately disfavor BIPOC and female judicial officers. For example, review of a decade of judicial evaluation survey results in Clark County, Nevada showed that female and BIPOC judges were given consistently lower retention scores than their white and male counterparts. This and other studies have shown that women and BIPOC judges are significantly less likely to score at the highest end of the range and significantly more likely to score at the low end of the range. One study concluded: After controlling for a number of important indicators of judicial performance, women scored nearly 12 points lower out of 100 than men; minority judges scored 21 points lower than white judges . This pattern continues throughout the rest of the analyses. Women and minority judges were significantly less likely to receive “ more than adequate ” ratings and were significantly more likely to receive “ not adequate ” ratings.
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(Emphasis added). 7 We were unable to find studies evaluating whether there is similar disparity in judicial performance evaluations for LGBTQ+ or judges with disabilities.
Study authors have also concluded that judicial evaluation survey results for BIPOC and female judges often did not align with more objective measures of a judge ’ s performance like reversal rates, whether the judge was reappointed or reelected, prior judicial experience, and instances of judicial discipline. 8 Study authors have concluded that one reason for this is that the subjective nature of many evaluation questions can allow for unconscious race and gender bias to permeate the results. For example, when one jurisdiction used questions that allowed respondents to subjectively define for themselves the qualities referenced in the questions, “ acting in a dignified manner ” for example, this led to increased discrepancies in the survey results across races and genders. When questions were rewritten or rephrased to focus on objectively observable judicial behaviors, the discrepancies between judicial officers of various races and genders fluctuated, indicating that the way evaluation questions are written can influence outcomes. 9 Studies on judicial performance evaluations suggest alternatives and strategies for reducing bias in the results. First, bar associations should consider eliminating judicial performance surveys entirely in favor of other methods of providing feedback to judges, like volunteer secret shoppers who view dockets and provide written or verbal feedback, or one - on - one observation and feedback from retired mentor judges. Bar associations that retain their judicial evaluation surveys should focus on the purpose of the survey. Is the goal to promote judicial self - improvement, provide information to voters and appointing authorities, or something else? If the primary goal is to promote improvement in judicial performance, then bar associations should be conscious that framing feedback in terms of personal characteristics (intelligence, patience, personality traits), rather than observable behaviors, makes it more likely the recipient will hear negative feedback as an accusation of a personal flaw. Judges tend to more easily dismiss this type of feedback and respond better to feedback about specific behaviors. Bar associations should also consider the pool of survey respondents. Responses from people who have appeared in front of the judge in the previous year are the most valuable, and there may be value in seeking feedback from pro se parties who meet this requirement in addition to attorneys. Seeking responses from people with recent courtroom experience with the judge helps avoid responses that rely on secondhand information or social interactions rather than observable workplace or courtroom behavior. Expanding the survey to seek input from attorneys who are not local bar association members may provide a higher number of responses. And bar associations should publish response rates and the number of respondents compared with number of attorneys in the jurisdiction or the number of attorneys appearing in the rated court so that people reading the results understand the limitations. With regard to specific survey questions, bar associations should use language that describes concrete behaviors that respondents could reasonably observe in their direct courtroom or workplace experiences with the judge. In other words, questions should focus on concrete courtroom behaviors that judges exhibit as opposed to inferred attributes or personality traits. Bar associations should avoid using language that focuses on evaluating personal characteristics that are more susceptible to bias. For example, asking whether the judge showed that they had listened to the arguments of all parties is better than asking if the judge is patient.
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7 Rebecca D. Gill, Implicit Bias in Judicial Performance Evaluations: We Must Do Better Than This, The Justice System Journal, 12 (2014). 8 Id. at 19 - 20. 9 Gill, Rebecca D., et al., Are Judicial Performance Evaluations Fair to Women and Minorities? A Cautionary Tale from Clark County, 45 Nevada. Law & Society Review , 731 – 59 (2011). JSTOR ; Elek, Jennifer K, et al., Judicial Performance Evaluation: Steps to Improve Survey Process and Measurement, 96 Judicature, 65 - 75 (2012). (Continued on next page)
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Bar associations can also focus the respondent on observable, concrete courtroom behaviors by introducing the survey with instructions for a structured free recall exercise to be performed before the person answers the survey questions. Structured free recall tasks prompt respondents to recall and list specific observed behaviors, both positive and negative, before beginning the survey. This brings actual behaviors to front of mind before the respondent answers survey questions. Preliminary instructions can also expressly tell respondents not to base answers on reputation, hearsay, rumor, or social contact, but instead on professional behavior observed in the workplace. Question drafters should take care to avoid double barreled questions that force the respondent to consider more than one observable behavior in a single question. Terms that may be susceptible to multiple interpretations should be defined. And if the survey requires the respondent to rate the judge on a scale, then the scale should be well defined and appropriate for the individual question, for example (5= almost always, 4= frequently, 3=sometimes, 2=rarely, 1=almost never), rather than an undefined scale of 1 to 5. The limited research on judicial evaluations shows bias is more prevalent in answers to open ended questions that are not focused on observable behaviors. Studies of employee evaluations show similar issues with bias in open ended comments. At the very least, bar associations should not publish narrative responses to such questions because the evidence that they tend to be infused with bias is so strong. Bar associations should also recognize that questions like, “ should Judge Doe be retained? ” are particularly vulnerable to bias because they contain no defined criteria or connection to observable behavior. Consider eliminating this question altogether or publishing a note with the results that allows readers to recognize that studies have found disparate responses to this question based on immutable characteristics like race and gender.
In sum, as the TCBA revisits its judicial performance evaluation survey, it should consider:
• Whether the TCBA should continue to conduct the survey • What are the purposes and goals of the survey? Improving judicial performance? Informing appointing authorities and voters? Something else? • Whether the pool of respondents should be expanded beyond the bar association members • Whether attorneys should be invited to respond only if they have appeared in front of the rated judicial officer within the previous year • Whether improvements can be made to preliminary instructions to both expressly call out the potential for bias and to bring concrete courtroom behaviors, good and bad, to front of mind before the survey is completed • Whether some questions should be eliminated, especially the opportunity to provide narrative comments and the question: Would you vote to re - elect this judge? • Whether double barreled questions have been divided into separate questions • Whether key terms and scales have been clearly defined • Whether there is information that should be published with the survey results to promote better public understanding of the limitations of the survey
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