June 16, 2004 Board Meeting
By Joseph E. Bringman
The KCBA Board of Trustees held its only June meeting on June 16, 2004. The following is a summary of key actions taken at that meeting. Complete minutes of this and other Board meetings are available from the KCBA office.
Statement Supporting an Increase in the Medically Needy Income Level
The Board endorsed a statement, submitted by the Guardianship and Elder Law Section, which supports an increase from $571 per month to $776 per month in the Medically Needy Income Level (“MNIL”) applicable to Medicaid applicants in the State of Washington. The MNIL represents the amount of income that a Medicaid applicant is deemed to need for non-medical expenses such as food, clothing and shelter, with any remaining income above that level expected to be used for medical expenses before Medicaid payments begin. The $776 figure is equivalent to the federal poverty guideline for one person.
Judiciary and Courts Committee Rules Change Recommendations
Representatives of three subcommittees of the Judiciary and Courts Committee reported on their recommendations to streamline discovery in civil actions in Superior Court. Those recommendations are:
- Litigants would be given the right to use pattern interrogatories, which presumptively would not be subject to objection. The Committee has prepared a draft of general civil pattern interrogatories and anticipates that a group of practitioners in each specialized field of law would prepare pattern interrogatories unique to their field (such as medical malpractice or construction law interrogatories).
- Each party would be limited to ten non-pattern interrogatories.
- Each party would be limited to ten depositions, each of which would be limited to no more than seven hours in duration.
- Parties would be required to engage in early mediation.
The Committee’s proposed rule changes would generally apply only in cases for which there is a case schedule under LR 4. In addition, parties in cases to which these proposed rules would apply would have the option to stipulate or seek a Court order exempting them from the proposed limits and/or early mediation. The Board will consider the Committee’s proposals in July. n
Joseph E. Bringman is a member of the KCBA Board of Trustees and former KCBA Secretary. In his other life, Joe is a commercial litigator with Perkins Coie. He can be reached at (206) 359-8501 or at JBringman@perkinscoie.com.
