John Hempelmann
By Joan Leah Middleton
Over the past 30 years, John Hempelmann has become a pre-eminent land use, natural resources, and real estate development attorney in our region.
His work has resulted in the development of the Golf Club at Newcastle, the 36,000 acre Plum Creek Timber I-90 Land Exchange, the Black Diamond Urban Growth Area Agreement, the 76-story Columbia Tower (now the Bank of America Tower), the Seattle Indian Services Center and the Leo K. Theater at the Seattle Repertory Theatre. Trend-west Resorts was successful in its bid to build Washington's first Master Planned Resort near Roslyn and Cle Elum because of his efforts. He has also represented numerous local homebuilders, such as Conner Homes and John Buchan Homes.
John focuses on seeking both judicial and legislative solutions to difficult issues. His efforts have led to fair controls on development impact fees and answers to important questions that have arisen under the State's Growth Management Act and the Environmental Policy Act. Known as a consensus builder, he sees brokering agreements as his most important work. His staff nickname is "John Hopefulman." He currently serves on the Leadership Committee of the Alaskan Way Viaduct/Seawall Coalition. It's probably safe to say things are going to look different in that part of town in the next decade.
We Invest in Our Neighborhood
John works in the Collins Building, built in 1893, next to the Smith Tower, in Pioneer Square. His firm, Cairncross & Hempelmann, P.S., moved in during March 2001, coincidentally on the heels of the Nisqually Earthquake. The firm moved out of its former location on two of the top floors of the Bank of America Tower two days after the quake.
In a big send off, they got to experience the excitement of riding out the quake magnified by 76 floors to the ground. The Bank of America Tower has so many floors because John helped its owner find numerous "floor area bonuses," in the Seattle Land Use Code.
The sway of the top floors during the quake, coupled with the irony of who was responsible for the building's height, was not lost on his staff.
We're an Art Gallery with a Law Firm Inside
Now closer to earth on the fifth floor of the Collins Building, the firm maintains works by the School of Northwest Masters, including works by William Cumming, Paul Horiuchi, Walter Isaacs, Mark Tobey, Kenneth Callahan, Jacob Lawrence, Joseph Goldberg, Guy Anderson, Paul Havas and William Ivey.
The latter two artists had studios in the Collins Building in the 1960s. Other regional artists also spent time in the building, including Merle Martinson, Frank Okada, Jim Johnson and the poets Carolyn Kizer and David Wagner. There is a tendency for guests to want to sneak a peak around every corner to look at the Northwest Collection. This is a very cool waiting room.
Walking through the law office gives the impression of being on the set of "Allie McBeal." It is renovated-chic with exposed brick walls, semi-circular wood-framed windows, heavy wooden beams, strong colors, and, of course, the art.
John started the firm in 1987 with Ray Cairncross and Scott Bell, after leaving Diamond & Sylvester. Before that, he was with Perkins Coie.
Over the years, Cairncross & Hem-pelmann has grown from six to 38 lawyers and has been voted by Washing-ton CEO Magazine as one of Seattle's "Best Places to Work." John has been named a "Super Lawyer" in Washington Law & Politics for six years running and was named a 2003 "Top Lawyer" by Seattle Magazine.
Camelot Lit up the Sky
John was born in Evanston, Illinois and attended Georgetown University in the other Washington for his undergraduate and graduate degrees. While he was attending Georgetown in 1960, he was deeply impacted by the "Camelot" of the Kennedy Presidency and remembers those years as filled with hope and optimism.
John went to work for U. S. Senator Scoop Jackson and speaks of the late-Senator as a father figure. He lived in the Jackson home for awhile and got to answer the phone when the President would call.
According to John, Scoop was JFK's original choice for Vice President. When Lyndon Johnson was ultimately chosen to bring in the southern vote, Scoop became Chairman of the National Democratic Committee in 1960. John says that "Camelot" lit up the sky for a few years and, "fortunately, that bright star is still shining for me." To help keep the star shining, he serves on the Executive Committee of the Jackson Foundation.
John got his law degree at the University of Washington School of Law in 1969. He still takes his mother, now 91, to Husky football games. John takes pride in being a husband, a father of three girls, and a grandfather.
I am a Happy Lawyer
Unlike so many lawyers reaching a mid-point in their careers, John says he never had wanderlust to change his profession. He loves land use law because he enjoys building and preserving things.
Looking out a window, he can see some of what he's accomplished, and he notes that many lawyers are not productive that same way. He can look at certain buildings, churches, schools, golf courses, homes, community centers, and preserved forests and know that he was involved in their creation or protection.
When pressed to explain why he is happy, he spoke of his parents and their optimism. John is also a strong Catholic and spoke of going to Catholic school as a young child. He was influenced by the Nuns and their teaching of hope, love and charity.
John assists the Seattle Archdiocese with many of their land use and real estate development projects. He represented a group of religious leaders in the recent Mega Church controversy in King County. Ultimately, he helped all the parties reach a compromise. Today, John is helping the Archdiocese build a new church and school to serve 1,000 Catholic families between Woodinville and Duvall.
A Politician in Lawyer's Clothing
John tries his own land use cases all the way from environmental permit appeals to the Supreme Court, if necessary. Before he did land use work, he worked as a trial lawyer. Early in his career, he represented General Motors and defended Buick and Chevrolet in warranty cases. This valuable experience served him well and his reputation was made when he won almost a dozen cases in a row. He says his success was partly a result of not trying any case he could lose.
John told the story of his first land use project many years ago which involved adding two floors to the Fourth and Battery Building. He got the extra height by transferring the development rights from a parking lot across an alley. At the time, he and his wife lived nearby, and he pointed out his work to her from their home window. Unfortunately, the increased height resulted in part of their view being blocked. His wife's comment, "Why did you do that," was not the response he expected. But, he admits she had a point.
In 1972, when John was 29 years old, he ran for Congress on the Democratic ticket. Although McGovern lost the Presidential race by a landslide, John won his election by 2,000 votes. Six weeks later, 40,000 paper absentee votes were counted and after the final count was tallied, John learned he had lost by a narrow margin. Joel Pritchard was ultimately seated in the Congressional seat John briefly held. John returned to the practice of law.
As for his political efforts these days, he's been known to write lawsuits, not file them, and give them to opposing counsel with the comment, "Go talk to your client." He says that when he has a good client with a good idea, he will get the project built.
Heli-skiing and Health
John always carries a cell phone and a Blackberry, especially while commuting by ferry from his home on Bainbridge Island. He is athletic and he loves the extreme sport of heli-skiing. Five years ago he suffered a minor heart attack while heli-skiing in Canada. This did not slow him down and he was back skiing again in 30 days. John has always had a high awareness of health. When his Office Receptionist began to choke and was unable to breathe, John administered the Heimlich maneuver. The employee credits him with saving her life.
Birds v. Hempelmann
Recently, John has been learning about the protections afforded Glaucous-winged Gulls (Laurus Glaucescens) under the International Migratory Bird Act. In the substantial renovation of the Collins Building, the firm added a roof-top deck. The inviting urban deck with a spectacular view has been the location of many firm events, including ice cream socials, political parties, and other good-weather festivities.
When a pair of Glaucous-winged Gulls took up residence on the apron surrounding the deck they soon deposited two eggs. The new chicks are expected to live in the nest for upwards of eight weeks before flying away. The birds have become territorial. They are not inclined to share the roof top, and they invoke the International Migratory Bird Act in support of their position and in defense of their new home.
A firm legal assistant, who is a member of the Audubon Society and an avid bird watcher, advised John that disturbing the seagulls could result in fines and penalties.
In the spirit of John's consensus building, the firm has recently erected a visual barrier between the nest and the roof deck as suggested by the Director of the PAWS Wildlife Center and other knowledgeable avian sources. John is hopeful the birds will agree to this good faith effort and reasonable mitigation so that the firm can continue to use the deck for social events. If the seagulls object, the deck will be declared off-limits until the chicks leave the nest. The seagulls have launched an impressive pro se position. Mr. Hempelmann represents himself in this matter.
Cairncross & Hempelmann, P.S., is located at 524 Second Avenue, Suite 500, Seattle, WA 98104-2323. The phone number is (206) 587-0700. You may contact the office to inquire about a tour of the art gallery, to hear more about the nesting Glaucous-winged Gulls (Larus Glaucescens) and their family, and, of course, to inquire about the lawyers who are not nearly as cute as fuzzy chicks. Information is also available on the firm's website: www.cairncross.com.
Joan Leah Middleton is a lawyer, guardian ad litem, certified parenting evaluator, and CASA volunteer. She works with children and vulnerable adults and she is listed on various Superior Court registries in King, Pierce and Snohomish Counties. Joan can be reached at (425)557-5910 or kindlawyer@hotmail.com.
