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: Michael Young
Filling Judge Dixon ’ s big, and really cool, shoes
Inside this issue:
After she was sworn in this week, Thurston County ’ s newest superior court judge, Judge Anne Egeler, remarked that she has big shoes to fill in replacing Judge Jim Dixon. Indeed, Judge Dixon leaves big shoes to fill. But I ’ ll remember his really cool shoes. I can ’ t think of a time I saw Judge Dixon when he wasn ’ t wearing really cool, stylish shoes, typically double monk - strap dress shoes, probably from a brand I ’ m not hip enough to even know about. Judge Dixon has great style, from his shoes on up. But of course, that ’ s the least of the reasons he ’ ll be hard to replace. On the bench, Judge Dixon was always thoroughly prepared, thoughtful, and fair. He also had a calm, almost serene presence on the bench and treated those appearing before him with respect. In short, he was a great judge. But his contributions to our community off the bench have been remarkable, too. I really appreciate that Judge Dixon always showed up at events in our local legal community, whether it was the TCBA holiday lunch or a fundraiser for Thurston County Volunteer Legal Services. I ’ m not sure it was in Judge Dixon ’ s nature to really like to attend such community events, but he showed up anyway, reflecting his integrity and his commitment to the community. I don ’ t know whether Judge Egeler has Judge Dixon ’ s sense of style when it comes to footwear, but I think she ’ ll fit right into his shoes in the metaphorical sense. Having known Judge Egeler as a colleague in the Attorney General ’ s Office years ago, I ’ m sure that she, like Judge Dixon, will always be prepared, thoughtful, and fair and will treat everyone that appears before her with respect. And Judge Egeler will, like Judge Dixon, be committed to our local legal community. Judge Egeler has already demonstrated her commitment to the community in the years prior to coming on the bench, including serving as a volunteer attorney for TCVLS, serving as a TCVLS Board member, with a year as board president, and serving as a board member for Washington Women Lawyers, Capitol Chapter. I ’ m sure that commitment to the community will continue as she joins the superior court bench. On behalf of the Thurston County Bar Association, I say thank you to Judge Dixon for your years of service to our community, both on and off the bench. And thanks for doing it with style. I also say welcome, Judge Egeler, to the Thurston County Superior Court bench. We look forward to your service on the bench, and we look forward to seeing you at community events. No matter your foot- wear choices.
President’s Message Meet your Board
1 2
View From the Bench
4,6
Classifieds/Ads Misc Updates and Announcements/Invites
3, 5, 6, 7, 8, 9, 11, 13, 14, 15, 22, 23, 26, 27, 28, 29, 30, 31
Young Lawyer’s Spotlight: Bryan Johnson
10, 11
12, 13
Washington State Law Library Article
Section Updates
16, 17, 18, 19, 20
TCVLS Update
21
“In Re”: Willy Larry Jefferson Jr.
24, 25
TCBA 2023 Membership Form
32
2023 MEMBERSHIP RENEWAL … FORM ON LAST PAGE
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Board Members 2022-2023
Wayne Graham President Elect
Michael Young President
Brandon Koenig Secretary
Geoff Hulsey Past President
John Kesler III Treasurer
William B. Pope Board Member
Melissa Goldmann Board Member
Angela Colaiuta Board Member
Matt Huot Board Member
Jerry Gray Board Member
Marie Docter Board Member
Joseph Scuderi Board Member
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CONGRATULATIONS to the newly appointed Thurston County Superior Court Judge, Anne Egeler!
Thank you to everyone who was able to attend the TCBA Annual Holiday Lunch on December 9, 2022, at the Olympia Country Club! We had 80 members RSVP including members of the judiciary and elected officials. We socialized, caught up with old friends, and enjoyed a delicious buffet lunch. We hope that you had a great holiday season!
Dear Thurston County Bar Association Members:
On behalf of the Thurston County Bar Association Board of Directors, we would like to thank the bar membership for their continued support of the Salvation Army Adopt - A - Family Program. In 2022, TCBA members sponsored 23 families (96 individuals) and provided the families with wrapped gifts that helped them have a happy holiday season. We also raised $3151.85 online and at the holiday luncheon that was given to the families in the form of individual Safeway gift cards. Thank you all once again for your generosity and kindness during this holiday season!
Sincerely,
Jerry Gray & Geoff Hulsey TCBA Adopt - A Family Program Co - Chairs
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A View From The Bench
By Judge Allyson Zipp Thurston County Superior Court
. Greetings and Happy New Year. In this first View of 2023, I am focusing on a developing body of law that is novel to Washington State. I refer to a series of four Washington Supreme Court decisions that address race and ethnicity discrimination using the model incorporated into General Rule (GR) 37. These decisions have made significant changes to practice rules in the affected areas, and it is important for Washington practitioners to be aware of them. Washington ’ s GR 37 governs the peremptory strike process in jury selection. GR 37 directs that if “ an objective observer could view race or ethnicity as a factor in the use of [a] peremptory challenge, ” the challenge “ shall be denied. ” GR 37(e) (emphasis added). The GR 37 “ objective observer ” is “ aware that implicit, institutional, and unconscious biases, in addition to purposeful discrimination, have resulted in the unfair exclusion of potential jurors in Washington State. ” GR 37(f). Through this definition of objective observer, GR 37 “ goes beyond forbidding purposeful discrimination in jury selection by addressing the influence of implicit racial bias. ” State v. Berhe , 193 Wn.2d 647, 664 (2019). Since GR 37 was adopted in 2018, the Supreme Court has employed the GR 37 “ objective observer ” standard to address alleged discrimination based on race and ethnicity in criminal jury verdicts, law enforcement seizures, prosecutorial misconduct, and civil jury verdicts. Individually, each decision has significantly altered the legal landscape to which it applies. Collectively, these four decisions reveal how the Supreme Court is approaching procedural issues of discrimination based on race and ethnicity, particularly with respect to implicit bias. The first decision is State v. Berhe , 193 Wn.2d 647 (2019). Berhe held that a GR 37 - type standard applies when race - based bias is alleged to have been a factor in the jury ’ s verdict. Berhe identified that “[ t]he ultimate question for the court is whether an objective observer (one who is aware that implicit, institutional, and unconscious biases, in addition to purposeful discrimination, have influenced jury verdicts in Washington State) could view race as a factor in the verdict. ” Berhe , 193 Wn.2d at 665. “ If there is a prima facie showing that the answer is yes, then the court must hold an evidentiary hearing. ” Id. Regarding the prima facie showing, Berhe cautioned that “ courts cannot base their decisions on whether there are equally plausible race - neutral explanations[,] ” explaining there will almost always be such explanations “ because that is precisely how implicit racial bias operates. ” Id. at 666. In 2022, the Supreme Court incorporated the GR 37 “ objective observer ” standard into three additional decisions. State v. Sum , 199 Wn.2d 627 (2022), addressed the test for determining whether a person has been seized by law enforcement for purposes of the state constitution. Under Washington Constitution article I, section 7, a seizure has occurred if “ based on the totality of the circumstances, an objective observer could conclude that the person was not free to leave, to refuse a request, or to otherwise terminate the encounter due to law enforcement ’ s display of authority or use of physical force. ” Sum , 199 Wn.2d at 631. Sum explicitly holds that the race and ethnicity of the person allegedly seized are relevant to this analysis. Specifically, Sum mandates that when applying the seizure test, the objective observer “ is aware that implicit, institutional, and unconscious biases, in addition to purposeful discrimination, have resulted in disproportionate police contacts, investigative seizures, and uses of force against Black, Indigenous, and other People of Color ” in Washington. Id. at 630. State v. Zamora , 199 Wn.2d 698 (2022), addressed claims of prosecutorial misconduct, specifically whether a prosecutor ’ s conduct constituted an appeal to jurors ’ potential racial bias during voir dire. The Zamora Court held that the appropriate inquiry is whether an objective observer could view the prosecutor ’ s
(continued on page 6)
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(continued from page 4) View from the Bench by Judge Allyson Zipp
questions and comments as an appeal to potential prejudice, bias, or stereotypes. The objective observer is a person “ who is aware of the history of race and ethnic discrimination in the United States and aware of implicit, institutional, and unconscious biases, in addition to purposeful discrimination. ” Zamora , 199 Wn.2d at 718. Most recently, in Henderson v. Thompson , __ Wn.2d __, 518 P.3d 1011 (2022), the Supreme Court addressed motions for a new civil trial. Henderson is emphatic in reiterating the holding of Berhe . Upon a motion for a new civil trial, “ courts must ascertain whether an objective observer who is aware that implicit, institutional, and unconscious biases, in addition to purposeful discrimination, have influenced jury verdicts in Washington State could view race as a factor in the verdict. ” Henderson , 518 P.3d at 1023 (emphasis in original). Henderson explains that when a civil litigant makes a prima facie showing under the Berhe standard, a court “ must grant an evidentiary hearing to determine if a new trial is warranted. ” Id. Moreover, at the evidentiary hearing the burden of proof is on the party seeking to preserve the verdict. “ At the hearing, the trial court is to presume that racial bias affected the verdict, and the party benefiting from the alleged racial bias has the burden to prove it did not. ” Id. (emphasis in original). As this article ’ s very brief survey has shown, these four decisions have made significant changes to the standards governing allegations of race and ethnicity discrimination in criminal jury verdicts, law enforcement seizures, prosecutorial misconduct, and civil jury verdicts. I encourage you all to review GR 37 and to familiarize yourselves with these decisions and this developing body of law.
Best wishes for a great 2023!
Thank you to everyone who attended the fall Bench Bar meeting (in - person or on Zoom) on November 9, 2022, at Thurston County Superior Court. Thurston County Superior Court Presiding Judge, the Honorable Mary Sue Wilson, welcomed everyone and provided operational and civil updates, in addition to an update on the building 2 remodel. The Honorable Judge John Skinder provided criminal updates and the Honorable Judge Lanese provided Family & Juvenile Court updates. The Honorable Judge Schaller shared information about lawyer appointments followed by the Honorable Judge Carol Murphy and Patrick O ’ Connor providing information about the LFO. Last but not least, TCBA President, Michael Young, shared information about TCBA events and announcements.
We plan to have another Bench Bar meeting in the spring. Stay tuned for the date.
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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
402 Capitol Way S., Suite 4 Olympia, Washington 98501
P: 360 - 943 - 7744 F: 360 - 943 - 5396 carter@carterhick.com
Practicing Personal Injury law since 2005.
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, Young Lawyer Section Chair
Bryan Johnson, WSBA: 44350
I grew up in … Kent, WA.
Before law school I … Spent some time working at a public water district painting and maintaining fire hydrants.
What I find challenging about being a new/young lawyer is … Time management with the constant decision - making required for getting the most out of the resources you have. There is always more to do and many different demands for your time. Some helpful advice received from a more experienced lawyer … Don ’ t use 100 words when half as many will do. Your reader will appreciate you more for being efficient.
I enjoy reading … Sports biographies. The mental makeup of the most incredible athletes is fascinating.
I am happiest when … Watching my kids ’ sports/dance events. (but a close second is making a save on a penalty kick)
My idea of misery is … Having a job where I don ’ t enjoy what I ’ m doing.
If I wasn ’ t an attorney I ’ d be … History/classics professor.
The most memorable trip I ever took was … My destination wedding to … Des Moines, Iowa! My wife is from the Midwest.
My wellness routine includes … Playing in an adult soccer league and Peloton.
Nobody would ever suspect that I … Golf right - handed and bat left - handed. This may explain my ineptitude with both.
My favorite song right now is … Anything Foo Fighters. Always puts me in a good mood.
What you like about being a part of the TCBA … The collegiality. Knowing a good number of the local bar members on a first - name basis is a huge positive of being part of TCBA and its events.
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Young Lawyer Spotlight, Continued
Three favorite places in Thurston County … Southbay BBQ, local pickleball court, my backyard in the summertime.
About Me: I am a plaintiff ’ s personal injury lawyer with Church Rietzke Johnson, and have been a partner since 2018. My wife (also an attorney) and I reside in Olympia with our 3 daughters. We really love the Olympia community after spending time here during law school and were excited to make it our home.
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 Devin Kohr at dkohr@bgwp.net
MEDIATION SERVICES
47 years of civil litigation experience to facilitate resolution of your case
924 Capitol Way S. Suite 204 Olympia, WA 98501
P: (360) 236 - 8755 F: (360) 754 - 9719
Alan@swansonlawfirm.com www.swansonlawfirm.com
TCBA is on Facebook!!
Join the private TCBA group at the link below where you will see information about the TCBA events and CLEs: https://www.facebook.com/groups/810480342493440/
You can also “ like ” the TCBA public page at the link below, but we will only be posting limited events open to non - members on the public page: https://www.facebook.com/thurstoncountybar/
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News from the Washington State Law Library
Welcome Back to the Law Library! It ’ s a new year and we have BIG news! Reference Librarians continue to provide excellent legal research assistance, Monday – Friday, 9:00 am to 4:00 pm, but we ’ re excited to say that we can now also provide it IN - PERSON in our Tumwater location. While our space does look much different from the Temple of Justice and our walk - in services are modified to fit our new (smaller) space, we are thrilled to be able to welcome patrons in - person once again. To prepare for your visit, please take a moment to read this very important information and contact the Reference Desk at library.requests@courts.wa.gov or 360 - 357 - 2136 if you have any questions: • Law library services are located on the first floor of Town Center East Building 3 (243 Israel Road SE, Tumwater). Parking is convenient and free. When you arrive, please visit the reference desk first. • Browsing the stacks is unfortunately not possible in our Tumwater location. However, librarians can have books waiting for you when you get here, or retrieve them during your visit. • Due to space limitations, we only brought our most frequently used books over from the Temple of Justice. To find out which titles are available to check out, look for Town Center under the location field in our catalog (https:// librarycatalog.courts.wa.gov/) or contact the reference desk to inquire about the title you ’ re looking for. You may check out up to 10 items. • Curbside service is still available for checkouts and returns on Tuesdays and Thursdays from 11:00 am to 1:00 pm. We are also still able to ship or scan and email materials to your home or law firm. Contact the reference desk for all delivery options. • We do not have case briefs on site in Tumwater. For case briefs, please contact the reference desk for delivery options. • Westlaw and HeinOnline will be available on one computer in the research room for 30 - minute research sessions. To ensure that the computer will be open during your visit, please contact the reference desk to book an appointment. • Self - service photocopying and scanning are available in the research room. • General internet browsing, email, newspapers and word processing are only available at the nearby State Library and Tumwater Public Library. • While masks are not required in the research room, we will make them available if you prefer to wear one during your visit. We look forward to seeing you and assisting you with your legal research in person once again. We greatly appreciate your patience as we have made the transition to Tumwater during Temple of Justice renovations. Please continue to visit our website (https://www.courts.wa.gov/library/) and social media channels for updates and additional information about library services.
The law library research room at Town Center 3 in Tumwater.
Lexis eBooks and WSBA eDeskbooks Lexis eBooks and WSBA eDeskbooks are available to check out through our online catalog: https://librarycatalog.courts.wa.gov/ and can be read on your computer, phone or iPad/tablet. You will need a current library account to check them out. If you don ’ t have an account, you can create one at https://librarycatalog.courts.wa.gov/cgi - bin/koha/opac - user.pl, or contact us to create one for you. If you already have an account, but don ’ t remember your password, use the ‘ forgot password ’ link to reset. For full details about using our eBook collection, check out this instructional blog post: https://medium.com/walawlibrary/lexisnexis - digital - library - ebook - collection - is - here - 847eac75e502.
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(continued from previous page) News from the Washington State Law Library
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: Twitter (@walawlibrary); Facebook (@walawlibrary) and Linkedin.
https://www.facebook.com/walawlibrary/ https://twitter.com/walawlibrary https://www.linkedin.com/company/washington - state - law - library
Upcoming Holiday Closures WSLL will be closed on the following holidays: January 16 th : Martin Luther King Jr. Day February 20 th : Presidents ’ Day
Contributed by Washington State Law Library reference staff.
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Williams, Wyckoff & Ostrander, PLLC
Interested in getting more involved in the TCBA? A great way get involved is to join the TCBA CLE Committee! Please contact Heather at tcba.info@gmail.com for more information.
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
ADVERTISING IN THE LEGAL BRIEF
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ADVERTISING IN THE LEGAL BRIEF
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the Legal Brief ’ s Editorial Board.
For information on specs and to view past editions of the Legal Brief, visit our website:
The LEGAL BRIEF is published bi - monthly (January, March, May, September and November).
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The Legal Brief – Thurston County Bar Association
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Section/Committee Announcements...
DIVERSITY AND INCLUSION SECTION
The first meeting in 2023 will be on February 1. Stay tuned for more details about the next section meeting.
Meet the NEW Diversity & Inclusion Section Co - Chairs IVY - ROSE KRAMER KELSEY GASSELING
If you have any questions, please contact
Ivy - Rose Kramer at Ivy - rose.kramer@co.thurston.wa.us or 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 first meeting in 2023 will be a lunch meeting on Wednesday, January 18. Stay tuned for more location of meeting.
Meet the Young Lawyer Section Chair DEVIN KOHR
If you have any questions, please contact 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
The next section meeting will be on April 19, 2023, at noon at Mercato ’ s. Thurston County Commissioner, Tye Menser, will be the guest speaker.
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@phillipsburgesslaw.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 the next section meeting date.
Meet the new Criminal Law Section Co - Chairs OLIVIA ZHOU JENNA STORM NORDEN
If you have any questions, please contact Olivia Zhou at olivia.zhou@co.thurston.wa.us and Jenna Storm Norden at jenna.norden@co.thurston.wa.us
VISIT THE TCBA CRIMINAL LAW SECTION WEB PAGE HERE FOR MORE INFORMATION
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Thurston County Volunteer Legal Services
SAVE THE DATE: Spring Breakfast is back! May 2, 2023 7:00 a.m. - 8:30 a.m.
THANK YOU TO SOME OF OUR MOST RECENT VOLUNTEERS!
Local Firms and Attorneys: Please watch your mail for information about being a sponsor for the event!
Want to know who recently volunteered at our legal clinics the last several months of 2022?
FROM THE EXECUTIVE DIRECTOR:
Penny Allen Mary Barrett Denise Bousley
Clare Mancini Ian McDonald Hugh McGavick Manek Mistry Joanne Moore
As much as I love this job and have cherished my time with TCVLS --- I want to retire! TCVLS is still looking for a new Executive Director. TCVLS needs a leader with strong management skills and an equally strong commitment to social and legal justice for the poor and other marginalized populations. Is this you or someone you know? The position announcement is on our website at www.tcvls.org/work - us . And since this may be my last opportunity … I want to say thank you to those who have answered the call of service through TCVLS. Not just anyone can volunteer at a legal clinic --- it takes someone with your knowledge, skills, abilities (and your license!). Serving your community matters. It matters to the organizations like TCVLS who need you. It matters to those you assist. Most importantly, it matters to you and how you perceive yourself and how others see you. It promise, it will enrich your life. Answer the call to volunteer today!
Donna Cobb Steve Cross
Melissa Denton (mentor) Mike DeWitt (mentor)
Kevin Meserve (mentor)
Joy Moore
Chris Edwards Anne Egeler Jonathan Everett
Patricia Morgan (mentor)
Sarah Nagy
Tracie Newbins
Kathryn Eyraud (mentor)
Paul Parker
Shaunita Felder Mark Fowler Kendall Freed Charlie Gavigan
Amy Perlman (mentor) Simone Prince - Eichner Jon Quittner (Pacific Co)
Cynthia Sanderson
Sans Gilmore (mentor)
Eric Schuler Anne Shaw
Melissa Goldmann (mentor)
Meha Goyal
Chuck Szurszewski (mentor)
John Gray
Brian Thompson Kim Thornton
Geraldine Griffin Debra Hatzialexiou
Lynn Urstadt
Vanessa James Katie Krieger
Forrest Wagner
Special thanks to our Volunteer Paralegals :
Miranda Hawthorne of Budd Bay Law and
Rachael Lundmark
Sandra Hendricksen of the Attorney General ’ s Office.
If you would like to volunteer at a legal advice clinic, please contact Chad at 360 - 915 - 7488 or coordinator@tcvls.org.
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TCBA & Other Upcoming Events
TCBA January Member Luncheon & CLE: January 27, 2023, at 12:00 p.m. at Tugboat Annie ’ s. Topic: Evaluating Automobile Personal Injury Cases—Case Value Factors, Resources & Pitfalls presented by Attorneys Terry Church and Bryan Johnson. Please see more information on page 28. Register online here: https://thurstoncountybar.com/event/january - 2023 - member - luncheon - cle/
March 2023 Issue of the Legal Brief: The deadline to submit articles and advertisements for the March 2023 Legal Brief is February 21, 2023. Please email them to Heather Ligtenberg at tcba.info@gmail.com.
Save the Dates: TCBA winter & spring Member Luncheons & CLEs: January 27, 2023, February 24, 2023, March 24, 2023, and April 28, 2023. All CLEs will be at Tugboat Annie ’ s starting at 12:00 p.m. (social 1/2 hour starts at 11:30 a.m.) and on Zoom.
Save the Date: TCBA Annual Meeting is on May 12, 2023, at the Olympia Country & Golf Club. Information will be emailed to members closer to the meeting date.
Please refer to the “ News & Events ” section on the TCBA website for a full list of upcoming events.
ATTENTION MEMBERS
If you have not provided the TCBA with an email address you may be missing out on important notifications for CLE ’ s and social events. The Legal Brief is the only thing to be printed and mailed in an effort for the TCBA to work towards going green.
Please contact tcba.info@gmail.com if you have any questions. Also, please remember to notify us when you change your email address or change addresses.
We want to make sure you do not miss anything.
Benefits to Establishing a Link from the TCBA Website to your own Website
The TCBA website is accessible through the major search engines, so potential clients looking for an attorney in Thurston County can easily find you. You can provide potential clients with information about you and your practice in an inexpensive, efficient and professional manner. The website is linked from the WSBA website so attorneys from outside of Thurston County can easily find attorneys here for various cases.
It ’ s FREE, courtesy of TCBA as a benefit for being a TCBA member.
If you would like to include your weblink on the TCBA website, please let Heather Ligtenberg know at tcba.info@gmail.com
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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. Zoom Video Conference or in - person depositions following State of Washington Covid - 19 Guidelines. Call 360 - 352 - 2506 or email us at: dcatell@comcast.net to schedule your next deposition.
Certified Court Reporters
• Depositions/Arbitrations/Interviews
Online Scheduling
•
• Complimentary Conference Rooms • Electronic PDF Transcripts • Experienced Legal Videographers • Hyperlinked Exhibits • Online Transcript Repository
There are several ways to handle exhibits with Zoom.
Options include emailing hem 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.
If you are interested in contributing a column to one of our Legal Brief Newsletters, we want to hear from you!!
Funny, interesting, educational or even controversial articles written by our TCBA members are always welcome.
Please submit to tcba.info@gmail.com
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“ In Re: Willy Larry Jefferson Jr. ”
1. Name and year admitted to Bar: Willy Larry Jefferson Jr. (Named after my dad) Admitted May 1995
2. Areas you practice in: I have practiced Criminal Law for over 25 years. I have represented clients and victims in almost every type of defense case from Murder to crossing the street. I now direct the Office of Public Defense for the State of Washington. We provide administrative support to defense programs all over the state and we are specifically responsible for contracting for Appellate, Parents Representation, 71.09 Civil Commitment, Disproportionality Advocacy, Youth Access to Counsel and many more soon to come. 3. I became a lawyer because . . . I had really no idea I could even be an attorney until my step - father applied for law school. We thought he was crazy. He was. However, he became a very talented attorney. I was able to observe his progress and figured I could do that. I thought as a lawyer I could go into politics or own my business. That never happened. One day I was at home with my daughter and I got the call from Mr. Robinson. He asked if I wanted to become a public defender. (I thought I had already applied and been rejected. I didn ’ t realize there were multiple public defense firms in Seattle – whoops) I said yes. It still took a year and a half to get hired. But since then, I have a been a public defender. It was meant to be, I guess. 4. The hardest part of being a lawyer is . . . Realizing that we do a great job of blaming individuals for systemic injustices. For instance, we blame people for committing crimes yet our nation stole land from the indigenous people that lived here; created laws that upheld slavery; and then pretended to end slavery but denied those people the opportunity to enjoy life, liberty, and the pursuit of happiness. We have created structural inequalities that continue to deny people access to education, health care and housing. We then blame them for their individual mistakes without providing the reparations or services that would have cured those systemic issues in the first place. Working within our current system is extremely difficult for me. I have hope given case like Henderson v. Thompson – which stated – Whether explicit or implicit, purposeful or unconscious, racial bias has no place in a system of justice. ” That ’ s fire and that ’ s what I ’ m all about. 5. I would give this advice to a first - year law student: Fight, fight, fight. Object, Object, Object. Find a problem and then help solve it. We need you more than you need us. I would never believe that we need more attorneys but we do. We need you to do this job. We need you to do it while fully being aware of your own biases and misinformation that you may bring to it. Despite the obstacles you will face. Do it any ways. I hope that you come with an open mind to challenge systemic injustices for individual victories on behalf of the clients that you will serve. I ask that you not do it for glory or money but for the chance to increase justice for all of us whether they had to wait 400 years or a couple of months to receive it. Justice delayed is justice denied. Please join me through the rule of law to create a brighter future for all of us. We can and must do this together. 6. Traits I admire in other attorneys: Those that fight, challenge and object. They do it with a smile, or with a growl. Sometimes they are inspired or deflated but they still continue the fight. They fight by informing, listening, learning from and advocating with integrity for their clients. I admire attorneys that actually read the law, statute, court rule or case, and then apply to facts of the case. It ’ s basically magic. Magic that can be done by anyone. Your neighbors do it all the time on issues they are passionate about. But a competent attorney brings that type of analysis to every case every time. I also admire attorneys that realize that our adversarial system isn ’ t for every case or everyone. Sometimes harms or disputes can be healed outside of a court room. These harms can be healed in ways that are safe, equitable, victim centered, and inspire accountability. Court is cool but it ain ’ t all that all the time.
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“ In Re: Willy Larry Jefferson Jr. ” Continued
7. If I were not practicing law, I would be . . . Playing Dungeon and Dragons at my local hobby shop. Basically, I would do whatever 12 years like to do as much as possible.
8. What is the first thing you will do when you retire? Go to hobby shop. Play dungeon and dragons.
9. If you could time travel, would you go to the past or the future? Why? Too much pain either way. I want to heal from trauma that occurred in the past. I don ’ t want to take that pain into the future with me. I would like to drop it off. So, if I go back I would like to stop the harms of the invasion of the America ’ s and attempt to end the Atlantic Slave trade. After I took care of those historical harms, I would breath life back into Jandon, my son. I would live in a world where my family could walk every street in peace that they would not be harmed because of the color of their skin or the way they looked. With a new day begun we would march on without racism. I would like to try that out for a while and see how I like it.
10. What words of wisdom would you pass on to your childhood self? Play more. Love a lot. There is nothing wrong with you. You ’ re good and you got this.
11. What words of wisdom would you give to a young lawyer new to the profession? See question – 5. If confused – find a client, take their case and fight for them. You will figure it out from there.
Brief synopsis of Larry Jefferson, his personal life, his work life, and any special awards or activities.
Larry Jefferson was appointed in April of 2021 by the Washington Supreme Court to become the new Director of Public Defense for the State of Washington. In 2022, Larry was named Luminary of Year by the Seattle Clemency Project. In 2020, he received the Daniel Bigelow award from the Thurston County Bar Association and named the Attorney of year. He has worked as a public defender in King and Thurston County ’ s since 1996. He is a graduate of The Evergreen State College and Seattle University School of Law. Larry is currently serving as a Board member with the Campaign for Equal Justice and is a founding member Thurston County Bar Association ’ s Diversity and Inclusion section. He is past President of the Washington Association of Criminal Defense Lawyers and Thurston County Bar Association. Larry is a devoted husband, father of two wonderful adult children and a self - proclaimed mama's boy. He enjoys spending time transforming justice, standing by his barbecue and cheering for the Seahawks. When I retire you will find me at the local hobby shop playing D&D and other board games.
Contact information (work phone and email):
360 - 515 - 6900 – Larry.Jefferson@opd.wa.gov
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Headline: Legal aid is needed now more than ever.
By Larry Jefferson and Lindsey Trakel
Solving legal problems provides immediate relief and long - lasting impacts for individuals and families experiencing poverty – especially for civil legal issues like eviction, domestic violence, and securing unemployment benefits, which all increased during the pandemic. I serve on the board of the Campaign for Equal Justice, which is the fundraising program of the Legal Foundation of Washington, our state ’ s largest private funder of civil legal aid. The annual Campaign for Equal Justice works with people and companies across Washington state to raise critical funds to help low - income people solve civil legal crises. Civil legal aid can make all the difference for a family in crisis. For example, renters with legal representation win their housing cases up to 95% of the time, compared with just a third of self - represented renters. A 2020 study by University of Washington showed that only 8% of eviction defendants in Washington had access to representation, and that Black tenants face dramatically higher rates of eviction. Every year, the Legal Foundation of Washington funds more than 40 legal aid programs like Northwest Immigrant Rights Project, TeamChild, Legal Counsel for Youth & Children, Unemployment Law Project, and 16 pro bono programs connected to county bars across Washington . Each year, programs funded by Legal Foundation and the Campaign for Equal Justice help more than 20,000 families access legal aid .
In our county, the Legal Foundation funds the Thurston County Volunteer Legal Services to provide legal aid that keeps people in our community housed, safe and healthy.
Please be generous and donate what you can before December 31.
Thousands of Washington families need the representation and relief only civil legal aid can provide and your donation will make a big impact in our county.
Even before the pandemic, only one in four low - income people in Washington received the legal help they needed. The 2022 Justice Gap Report by the Legal Services Corporation found that 74% of low - income Americans experienced 1 or more civil legal problems in the past year. In Washington, we are the same high need, up from 70% of low - income families in need of legal aid pre - pandemic. Donate here. Support for the Campaign for Equal Justice from Washington ’ s legal community is critical to help close the justice gap and advance equity and civil justice – particularly for communities of color disproportionately impacted by civil legal issues and most harmed by the COVID - 19 pandemic. We are also in a competition for the Rainier Cup! As Thurston County lawyers , we should set the example for the rest of the state ’ s attorneys by having the highest percentage of attorneys donating to the Campaign for Equal Justice. By doing so we would take home the much - coveted Rainier Cup . Last year, Whatcom County lawyers won with a 26% participation rate. Last year in Thurston County, 296 people in our county gave to the Campaign, which is 17% of practicing attorneys. This support helped Washington ’ s network of legal aid programs respond to an unprecedented wave of needs. But as civil legal challenges continue to grow, we need to do even better this year.
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(continued from page 27) Legal Aid is needed now more than ever by Larry Jefferson and Lindsey Trakel
Supporting civil legal aid is part of being a member of the legal profession. By each lawyer stepping up and supporting the Campaign for Equal Justice we expand access to the legal system for members of our community who are not able to retain a lawyer. As lawyers in our community, we see first - hand the huge impact Thurston County VLS, TeamChild, Columbia Legal Services, and more, make in the lives of people in our community. It ’ s our job to step up and help these programs succeed.
Please support the Campaign for Equal Justice today.
The TCBA Presents … the January 2023 Member Luncheon and CLE!
January 27, 2023, @ 11:30 a.m. at Tugboat Annie ’ s & Zoom (social half hour starts at 11:30a.m. & CLE starts at 12:00 p.m.)
Evaluating Automobile Personal Injury Cases – Case Value Factors, Resources & Pitfalls presented by Terry Church and Bryan Johnson, Attorneys at Church Rietzke Johnson. The presentation will provide attorneys with several key factors they should consider in placing value on automobile personal injury claims, and resources to help with the process of case evaluation. Mr. Church and Mr. Johnson will also discuss pitfalls to avoid while evaluating automobile personal injury cases. $30 for Members and $35 for Non - Members 1 CLE credit is pending approval by the WSBA To Register, pay online here: https://thurstoncountybar.com/event/january - 2023 - member - luncheoncle/ or mail a check with your name, WSBA #, and email address to TCBA, PO Box 1653, Olympia, WA 98507.
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JOHN MICHAEL MORGAN
COST - EFFECTIVE NEUTRAL
EXPERIENCED AND OBJECTIVE
Mediator Arbitrator
•
•
Special Master Discovery Master
•
•
• Trial by Referee (RCW 2.24.060)
• Virtual Representative (RCW 11.96A.250) • Independent Estate PR/Administrator
Litigation GAL
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• Serving Thurston, Mason, Lewis, Grays Harbor and Pierce Counties
• $325.00 hourly rate with no setup fees
• 35 years litigation experience
Virtual or live sessions
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J. Michael Morgan, PLLC 1800 Cooper Point Rd. S.W. Bldg. 12 Olympia, WA 98502 Phone: 360.292.7501
mike@jmmorganlaw.com
www.jmmorganlaw.com
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Personal Injury Attorney Position
Church Rietzke Johnson PLLC is a well - established plaintiff personal injury law firm in Olympia, WA looking for an Attorney to join our team of committed professionals advocating for injured people. We are a client - focused firm that handles all phases of personal injury claims from intake to litigation. We are dedicated to achieving top results for our clients with individualized communication and a hands - on approach to managing cases. We offer a collegial and collaborative work environment with one - on - one mentorship from experienced lawyers with over 40 years of combined experience.
Job Description :
Meet with clients, assist with insurance claims and medical issues during the treatment portion of cases, review medical records and insurance coverage documents and identify issues to address, draft or review demand packages, and negotiate settlements.
Communicate respectfully and effectively with clients, insurance adjusters, health care providers, witnesses, and opposing counsel.
When required, conduct all aspects of litigation, to include discovery, legal research and brief writing, drafting and arguing motions, conducting arbitrations, taking and defending fact and expert witness depositions, and conducting jury trials in district and superior courts.
Requirements :
Washington State Bar license.
Strong writing skills.
Knowledge of medical conditions and terminology, tort law, or insurance law is helpful.
One year of civil or criminal litigation experience is desired but we will consider all applicants.
This is an in - person, full time salaried position. Salary is dependent on experience, with a general range of $78,000 to $130,000. The higher end salary would be for someone with 5+ years of successful experience in plaintiff personal injury litigation. Benefits include medical, dental, retirement, paid time off, bar dues, professional memberships and CLE ’ s.
To apply, email Jennifer Rietzke at jennifer@olyinjurylaw.com with the following:
• •
A letter of interest
Resume;
• Law school transcript if within 2 years of graduation (unofficial copy is fine); and Writing sample, such as such as a motion pleading or other correspondence showing legal analysis.
Find more out about us at https://olyinjurylaw.com/
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