Please participate in the Bar Poll for C · News S C B A March 2018 The official publication of the Snohomish County Bar Association Volume 46 Number 3 Please participate in the Bar

News

SCBA

March2018

The official publication of the Snohomish County Bar Association

Volume 46Number 3

Please participate in the Bar Poll for

Snohomish County Superior Court Judicial

Position #13. Ballots will be coming to you the week

of March 12, 2018

2 Snohomish County Bar News - MARCH 2018

SCBA News

Published by theSnohomish County

Bar AssociationP.O. Box 5429

Everett, WA 98206

Jacob GentEditor

Terri CallantineMagazine Production

& Website

Joyce WoodExecutive [email protected]

Snohomish County BarAssociation Officers

Richard JonesPresidentTom Cox

Vice PresidentWilliam Sullivan

TreasurerJacob Gent

Secretary

TrusteesAnn BriceJohn FollisJacob Gent

Joseph MooreMichael O’Meara

Gurjit PandherKari PetrasekDanielle Pratt

Cory Rein

© 2018 bySnohomish County Bar Association.

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

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

InsIde ThIs Issue

AdverTIsIng And submIssIons

ConTACT us

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

SCBA Fax: (425) 388-3978

Web site: www.snobar.org

Lawyer Referral Service: (425) 388-3018

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

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

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

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

« Calendar of Events

« Superior Court Assignments

« From the Desk of the President

« The Lawyer’s Road Review - Reviews of New Movies

« Snohomish County Young Lawyers

« Ethical Issues

« Announcements

« Advertisements

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MARCH 2018 - Snohomish County Bar News 3

sCbA CAlendAr of evenTs

superIor CourT AssIgnmenTs

March 201812h Young Lawyers Division Meeting15th Deadline SCBA Newsletter15th SCBA Board of Trustees Meeting19th Family Law Section Meeting

July 2018 4th Courthouse Closed 9th Young Lawyers Division Meeting 12th Aqua-Sox Game15th NO Deadline SCBA Newsletter 16th Family Law Section Meeting19th SCBA Board of Trustees Meeting

August 2018 13th Young Lawyers Division Meeting 15th Deadline SCBA Newsletter 16th NO SCBA Board of Trustees

Meeting 20th Family Law Section Meeting

June 201811th Young Lawyers Division Meeting 15th Deadline SCBA Newsletter 18th Family Law Section Meeting 21st SCBA Board of Trustees Meeting

May 2018 14th Young Lawyers Division Meeting 15th Deadline SCBA Newsletter 17th Ex-Parte Judge Downes Event 21st Family Law Section Meeting28th Courthouse Closed

April 2018 2nd Bar Poll Return Deadline 9th Young Lawyers Division Meeting15th Deadline SCBA Newsletter16th Family Law Section Meeting19th SCBA Board of Trustees Meeting

Presiding Judge: Judge Linda C. Krese Trial Calendar Call and Motions to Continue Trial Dept. 11 Juvenile Court: Judge Okrent Judge Bowden

Lester H. Stewart Commissioner

Civil Motions: Judge Farris Feb 26-Mar 9 Judge Kurtz Mar 12-23 Judge Downes Mar 26-30 Criminal Hearings: Judge Dingledy Mar 1-2, 8-9, 15-16, 22-23 & 29-30 Judge Fair Mar 5-7 Judge Farris Mar 12-14, 19-21 Judge Kurtz Mar 26-28 Criminal Motions: Judge Fair Mar 1-2 & 8-9 Judge Farris Mar 15-16 & 22-23 Judge Kurtz Mar 29-30 Criminal Dept. Judges: Judges Dingledy, Ellis, Fair, Farris, Judge, Kurtz, Larsen, Weiss, WilsonCivil Dept. Judges:2 Judges Appel, Downes, Lucas Ex Parte/Commissioner Civil Motions:1 Commissioner Brudvk Family Law Calendars:1 Commissioners Waggoner, Gaer, Tinney

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


from The desk of The presIdenT

rIChArd Jones

This is my first article as the newly elected President of the Snohomish County BAR Association and I would like to thank all of those in attendance at our annual meeting for the faith and trust reposed in me to lead the BAR this year.

I should first address our annual meeting that occurred on January 26, 2018. The meeting was well attended and the food was fabulous. I was particularly gratified to see so many members of our esteemed Snohomish County Superior Court bench in attendance, including the Honorable George Bowden, Marybeth Dingledy, Richard Okrent and Anthony Howard. The support from the bench will be crucial in the months ahead as we address the Court House remodeling project.

As to the business portion of the meeting, a number of well qualified members of our BAR were elected to serve for 2018. The officers elected were:

President: Richard Llewelyn Jones ([email protected])Vice President: Tom Cox ([email protected])Secretary: Jacob Gent ([email protected]) Treasurer: William Sullivan ([email protected])Each one of us encourage

comments and communications for colleagues, especially suggestions for improvement of the services offered to the Snohomish County legal community.

The best part of the meeting was the recognition of srveral members of our BAR that were honored for exemplary service to the legal community over the last year. Kari Petrasek was honored with the President’s Award and Ann Brice was honored as the Attorney of Year. I can honestly say that without the efforts of both of these fine lawyers, the BAR Association would not function as well as it does.

Looking forward, it will be my commitment to address two major issues. First, the BAR Association

will seek ways of increasing our membership. Second, the BAR Association will seek ways of increasing our services to the Snohomish County legal community. The two go hand-in-hand. Indeed, it is my belief that membership will increase as the BAR Association continues to provide the traditional services and provide explore additional services that members of the Snohomish County legal community need and want.

Specifically, the BAR Association is committed to provide the same quality court house services that it has

provided for the last 23 years. The challenge this year will be safeguarding our space within the Courthouse during the remodeling project. At our annual meeting, Mr. Ken Klein, of the Snohomish County Executive Office assured us that the Snohomish BAR Association will continue to have space for Lawyer Referral Service, copier, e-mail and fax services, phones, cookies and coffee during the entire remodeling project, although we will be moved during portions of the project. Hopefully, our disruptions willmbe minimal, but more on this as we are advised of the particulars.

Moreover, the BAR Association will continue to provide members 12 free CLE’s during the year. Our next CLE will be on February 23, 2018, from 9:00 a.m.

to noon, and will feature Seth Fine, Pete Mazzone and Jason Schwarz, on evidence up-dates, cross-examination (highlighting cross examination of expert witnesses) and voir dire (hig lighting the Colorado Method). The CLE will be held at the Robert J Drewel Building, Meeting Room No. 1. Please call Joyce at the SCBA Office to RSVP. Joyce’s phone number is (425) 388-3056.

Finally, we are considering a “mini-convention” from a Friday afternoon to Sunday morning at a new local tribal venue that will provide an opportunity

for our members and attorneys from sister counties to meet and mingle, share some quality down time, share time with members of our Snohomish County Superior Court and the Tribal Court bench and get an additional 9 or so relevant CLE’s beyond the 12 that are offered at no charge for BAR members. More will be discussed in future articles, but I would initially encourage your thoughts on CLE offerings and other “mini-convention” events that would appeal to you and your family (yes, the proposal is to make the weekend a family affair!)


In sum, 2018 will be an important transitional year for the Snohomish County BAR, with the Snohomish County Courthouse remodeling and expansion of membership services. I encourage your active participation to assure you get the most out of your membership. I certainly will do everything in my power to make the Snohomish County BAR a meaningful and relevant part of your Snohomish County practice. �

The lAwyer’s roAd revIew

by peTe pATTerson

Reviews of New Movies Dunkirk and Darkest Hour - An Historical Perspectiveby Pete Patterson, edited by Rebecca Wallick

Two films portraying the dramatic events in France and England in the spring of 1940 were recently released

The film Dunkirk was released first. This tale is set on the beaches and sea approaches to Dunkirk where the collection of British, French, Belgian and Dutch forces are trapped by the German Wehrmacht, which has encircled them using Blitzkrieg tactics. They are evacuated during a fierce battle.

Historically accurate, right down to employing three-bladed Spitfire propellers rather than the later four blades, this Christopher Nolan film presumes you know enough history to understand what is at stake in the fight. My father remarked that a young man such as his grandson would see the film and never know the importance of stopping the Nazi advance across western Europe. I share his concern that the latest generation has apparently left school with only a vague understanding of the threat fascism posed to liberal democracy during WWII.

Yet I enjoyed the film, shot as Director Nolan does, repeating the same event as seen from several different points of view, and there were many in the remarkable evacuation of the British Expeditionary Force from Dunkirk so that England would have troops ashore at Dover to defend itself should the Germans attempt to land on the island.

In one scene, a Spitfire is forced to land on the French beach and the pilot sets fire to his aircraft. In May 1940 the Spitfire was the most advanced fighter of either side of the conflict, and Dunkirk represented the first time the Germans encountered the Spitfire in

large numbers. It could not be allowed to fall into their hands to reverse engineer. The pilot lands because he runs out of fuel, another historically accurate fact well-played here, as the Spitfire and the more numerous Hurricane, an earlier fighter, were designed to defend England, not for offensive sorties over Europe and so were built without considering range of operation.

The second film with a WWII theme is called Darkest Hour. Gary Oldman plays one of the best Churchills I have seen in cinema, but considerable liberties have been taken with actual historical events. The worst transgression of the film is implying that Churchill’s famous “Fight on the Beaches” speech took place May 28, 1940, when the evacuation of the British Expeditionary Force was underway from Dunkirk and by no means certain to achieve success. The film literally puts the date in bold, screen-filling declarations.

In truth, the famous speech was delivered in the House of Commons on June 4th, after the army had been successfully evacuated and returned to Dover. It is this fact which perhaps gave Churchill confidence to declare they would fight on the landing grounds, the cities and towns, and never surrender, because at that point they had an army in place to defend the homeland.

I was put off by the portrayal of Churchill as weak and dependent, reliant on others rather than a consistently defiant character often acting alone. Here, he seems to gain his emotional stamina from: The King, of course; his wife Clementine (Kristin Scott Thomas); the people of England; and even the young woman who types his dispatches, Elizabeth Layton (Lily James).

In one scene, Layton sits in the gallery of the House of Commons gazing at Churchill as he delivers the Fight on the Beaches speech, mouthing the words he has dictated to her. The Prime Minister turns to gaze at her while delivering the speech. This confused and uncertain Churchill displays confidence on May 28th only because Miss Layton is there and Clementine is listening to him on the wireless, while in actual history his inspiring speech was delivered on June 4th and his gamble to send private craft across the straights of Dover to retrieve the British Expeditionary Forces paid off.

In contrast to the film’s portrayal, consider what Dean Acheson, US Secretary of State 1947-1953, said about the man he knew personally:

“President Truman often spoke of Churchill as the greatest public figure of our age. This I believe is

continued on page 7


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an understatement. One must go back four centuries to find his equal, for one cannot find it merely in a soldier, a statesman, or an orator, or in a combination of the three. There must be added a ‘romantic attachment’ which, as Sir John Neale has pointed out, existed between the English people and the great Queen, and for which he added, ‘the closet parallel in our history is that between Englishmen and Winston Churchill in our own time’. In both cases this flowed not only from great qualities of heart and brain, indomitable courage, energy, magnanimity, and good sense, but from supreme art and deliberate policy. These fused the other elements into the leadership that alone can call forth from a free people what cannot be commanded and enabled the English people to face and fight alone the greatest military powers of two ages.

“…What Churchill did was great; how he did it was equally so. Neither action nor style could have accomplished result alone. Everything felt the touch of his art - his appearance and gestures, the siren suit, the indomitable V sign for victory, the cigar for imperturbability. …What we are discussing here is not merely the direction of great affairs, but the creation and development of personality. Napoleon understood it. So did Franklin Roosevelt. General Washington did not.

“Churchill mastered it. His speeches were not only wise and right in content but were prepared with that infinite capacity for taking pains that is said to be genius. ”

Pages 595-96 Present at the Creation, Acheson 1969

So I was turned off by this portrayal of Churchill as weak, and believe the script did the man a disservice. That said, Oldman deserves the Oscar.

Alas, like Oliver Stone’s JFK, this film will likely become the new historical narrative for a generation who believe nothing really important occurred prior to 1990. That narrative will not be that Churchill was the Last Lion, (as William Manchester wrote) but instead that he was a pussy cat.

Still, I think the film should be viewed by the latest generation so they at least have some idea these marvelous European vacations they now enjoy might not be available had there not been considerable sacrifices to sustain the Western Civilization.

Additionally, I thought it particularly helpful and historically accurate to include the scene where a man from the Caribbean encounters Churchill in an underground coach while making his way

to Westminster to deliver his speech. While I am unaware of any incident where Churchill employed public transportation in May 1940, his interaction with a black man underscores a significant reality of Britain many do not wish to acknowledge, that all of the places Britain colonized are populated by persons who think of themselves as British. England didn’t have enough men after World War I to fight World War II, so she called out to the dominions. Churchill referenced the same in speeches given at the time. Some Royal Air Force photos from the war show integrated bomber crews, and a deep dive into research will reveal men from the West Indies piloting Spitfires, British subjects loyal to their sovereign. They came to England to defend the realm, making Britain what it is today, a racially mixed and diverse society.

Modern Britain is a country of color, and it is not the red, white and black of the Nazi flag. Perhaps this is why it is important to see both of these films now, a time of rising powers ruled by men adverse to our democratic way of governance.This piece originally appeared in the on line magazine www.McCallDigest.com edited by its creator, retired Snohomish County attorney Rebecca Wallick . Rebecca is also the published author of “Growing Up Boeing” which remains the number one review on the blog and podcast “Lawyersroadreview.Wordpress.com” . Working now as an editor professionally, Rebecca has graciously edited the other pieces we have submitted to www.McCallDigest.com �

continued from page 5

snohomIsh CounTy

young lAwyers

Attention Snohomish County Young Lawyers: We will be having our next monthly meeting at The Irishmen Pub (2923 Colby Ave) in Everett on Monday, March 12, 2018 at 5:30 p.m. All members are invited to attend.

Any active member in the Snohomish County Bar Association is a young lawyer until the person is 36 years of age or until the fifth year in which any member has been admitted to practice, whichever is later. If you are interested in becoming involved with the SCYLD, please attend our next meeting (second Monday of every month) or e-mail Ben Hoekstra at [email protected]. We look forward to seeing everyone on March 12, 2018 at 5:30 pm. �


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Lawyers should be cautious about posting details of their work on their Facebook page or other social media platforms. Rule of Professional Conduct (RPC) 1.6 prohibits a lawyer from revealing information relating to the representation of a client unless the client gives informed consent, or the disclosure is otherwise authorized by other sections of the rule. This rule is very broad; there is no exception for events that occur in public places such as a courtroom. For example, even a celebratory post about your client’s jury verdict (i.e., “not guilty!” or, “million-dollar verdict!”) is likely prohibited by RPC 1.6 unless the client consents.

If you do decide to post about a pending court case, consider whether the judge hearing the matter might read your post; are you and the judge social media “friends”? If so, your post could be an ex-parte contact prohibited by RPC 3.5(b).

If you post an opinion about a judge, you should carefully consider the content before doing so. RPC 8.2, relating to statements about judicial officers and legal officials provides that, “A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications, integrity, or record of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.”

Finally, if you use platforms like Facebook or Twitter to advertise your legal services, you should ensure that your statements are not false or misleading (RPC 7.1), and that you do not solicit a potential client through a real-time electronic exchange initiated by you (RPC 7.3).

If you have questions about your own future conduct, consider calling the WSBA Ethics line at (206) 727-8284.

Erica Temple is a former Disciplinary Counsel with the Washington State Bar Association. She now practices at Adams & Duncan, Inc., P.S. in Everett.

Snohomish County Superior Court Judicial Position #13

Bar Poll

If you wish to be included as a candidate in the SCBA Judicial Bar Poll please submit via email as an attachment 300 words or

less and a picture 300 dpi or more (lighter back grounds print better

if you have dark hair) by March 8, 2018 to be published via email

and/or US Mail for those that need hard copy by the week of March 12, 2018. The ballots will be due back by Monday, April 2, 2018 post marked or hand delivered to the SCBA. Please send your submissions as soon as possible

so I can do a test print for trouble shooting for maximum print

quality. Email to: [email protected] and questions Joyce Wood

(425)388-3056.


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The Snohomish County Chapter of WWL

is pleased to sponsor:

A NETWORKING & SOCIAL EVENT AT

SPECIAL BREWS

in Lynnwood, Washington

Thursday, March 8, 2018 from 5:30 - 7:30 P.M.

Starting at 5:30 p.m., meet fellow WWL members and

prospective members, while enjoying beer tasting at

Special Brews located at

14608 Hwy 99, Suite 307, in Lynnwood.

You will have the opportunity to sample beers and ciders.

A tasting special will be available and all other beers

in the store are available for regular price.

Please RSVP for this event to:

Kari Petrasek at [email protected].

Our Quarterly Membership Meeting will also be taking

place on March 8 at Brooklyn Brothers Pizza located

at: 1919 Hewitt Ave in Everett from 11:45 a.m. to 1:00 p.m.

All members and interested members are invited to come and enjoy

pizza and hear about what SnoCo WWL has planned.

Please bring $12.00 cash for pizza and soda.


JOIN US FOR

a BENEFIT DINNER FOR

SNOHOMISH COUNTY LEGAL SERVICES

SATURDAY, MARCH 35:00 PM

Floral Hall (in Forest Park)802 E. Mukilteo Blvd., Everett

only $50 per personget your Tickets at

www.snocolegal.org

BACK TO CAMP

Camp Leader Camp Counselors

Snohomish CountyBar Association

SNOHOMISH COUNTY LEGAL

SERVICESBreaking the cycle of

poverty, one client at a time.

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

ATTORNEY DISCIPLINE DEFENSE

ERICA W. TEMPLE

FORMER DISCIPLINARY COUNSEL, WASHINGTON STATE BAR ASSOCIATION

IS NOW ACCEPTING NEW CLIENTS AND REFERRALS FOR THE DEFENSE OF:

Bar Complaints • Grievance Process • Ethics Matters Trust Account Issues • Fee Agreements

For private consultations, contact Ms. Temple directly at (425) 740-3308 or via [email protected]

ADAMS & DUNCAN, INC., P.S. 3128 COLBY AVENUE

EVERETT, WASHINGTON 98201

FACSIMILE: (425) 740-3328

www.AdamsLawyers.com

Documents

Please participate in the Bar Poll for C · News S C B A March 2018 The official publication of the Snohomish County Bar Association Volume 46 Number 3 Please participate in the Bar