By Bonnie J. Glenn
The KCBA Board of Trustees met on September 8 and September 15, 2004. The following is a summary of key actions taken at those meetings. Complete minutes of this and other board meetings are available from the KCBA office.
September 8, 2004
Special Board Meeting
A special board meeting was called on September 8, 2004, to review a complaint submitted by judicial candidate David Larson against judicial candidate for King County Superior Court, Seattle Municipal Court Judge Theresa Doyle regarding unfair campaign practices under the KCBA Judicial Guidelines. The KCBA Fair Campaign Practices Committee submitted a report to the board for review and Committee Chair, Neal Philip presented the report and answered questions of the board.
All parties to the complaint were invited to attend the special board meeting. Judge Theresa Doyle and her legal counsel Kenneth Hart attended and presented information to the board for consideration and answered questions of the board.
The board ruled as followed and, after notice to Judge Doyle, issued a press release.
Misrepresentation of Incumbency. The board dismissed the complaint that the use of the word “Judge” in Theresa Doyle’s campaign sign was misleading. This decision will not be considered a precedent in any future decisions on unfair campaign practices complaints.
#1 Rated Standard. The board found the phrase “#1 Rated” as used in Ms. Doyle’s yard signs misleading and an unfair campaign conduct under the KCBA Judicial Guidelines. The phrase is likely to be understood by the voting public to refer to candidate ratings rather than the KCBA evaluation of judges and to indicate that Ms. Doyle had received the best possible rating for the position for which she was running. It is likely to be understood to rank her more highly than her opponent. Moreover, the KCBA evaluation of judges simply provides information about judges and does not classify any judges as #1.
September 15, 2004
Board Meeting
Fair Campaign Practices Complaint. President Cary reported that a press release was sent out on this issue and that Judge Doyle sent out her own press release. It was noted, that our press release was not picked up by the newspapers. Judge Doyle was the winner in the primary election with enough votes to forego the general election.
Drug Treatment. President Cary reported on Peter Greenfield’s efforts to get money for drug treatment. DSHS, for the first time, has requested more funding and the Drug Policy Project would like for us to join with them. About two years ago this board approved position in support of additional funding for treatment so this action would be consistent with current policy. Trustee Mark Aoki-Fordham presented a draft letter for President Cary’s signature and expects other DPP organizations to sign on. Letters will be sent to the Governor and candidates for Governor. Trustee Aoki-Fordham and the KCBA board recognized Peter Greenfield for his efforts. Peter indicated that there is still a long way to go.
ABA House of Delegates Report. Peter Ehrlichman attended the 126th annual meeting of the ABA in August on behalf of the KCBA and presented a written and oral report to the board.
Peter reported that the most controversial issue was the Model Court Rule on Insurance Disclosure. Robert Welden made a motion to adopt the Model Court Rule, which would require lawyers to disclose on their annual registration statements whether they maintain professional liability insurance. There was considerable debate on this issue. Opponents indicated that the statement was misleading, as a client might then expect there to be coverage. Proponents pointed out that this is a minimum requirement and that state rules may require more explicit disclosure. Peter indicated the Model Rule was adopted with 213 votes for and 202 votes against adopting the Model Rule.
The standing Committee on Public Education urged the legal profession to seek support of policymakers, educators, the media and the general public to ensure that subject matter to advance the civic mission of schools is included in the core K-12 curriculum. In addition, they indicated this should be reflected in all standards, instruction, professional development, school funding decisions and evaluations. The recommendation was approved.
The standing Committee on Substance Abuse approved the recommendation of the Committee to eliminate policies that sanction discrimination against people seeking treatment or recovery from alcohol or other drug diseases. Peter agreed to forward copies of this to the board.
Professional Development Implementation. Brian Todd, Chair of the KCBA Young Lawyers Division (YLD), presented YLD’s comments on the WSBA’s Professional Development Implementation Committee’s (PDIC) recommendations and gave an oral report to the board.
The KCBA YLD has expressed its “general support” for the WSBA’s efforts to encourage additional training and mentorship opportunities for lawyers new to the profession.
The State Bar has recommended three major changes:
- Pre-Admission CLE Requirement--Prior to the admission to the WSBA, a new lawyer would need to complete a four hour CLE on various topics.
The YLD raised concerns on how local bars would pay for this require-ment. In addition, they questioned whether practical credit would be given for skills training that takes place on the job.
- Skills Training for New Admittees--The YLD board believes this recommendation is the central and most effective component of the PDIC’s Report. The YLD expressed concerns about the curriculum proposed in the report with respect to areas of substantive knowledge and the overly broad language and relevance of some of the topic areas chosen.
- Mentor Client Representation--The YLD supports this PDIC’s recommendation. The KCBA and the YLD have well established programs that may serve as models throughout the state.
The board unanimously endorsed the comments made by the YLD, which expressed specifically the hardship on local Bar Associations, and support the PDIC report. Note, no support was given to the open ended logistical questions of implementation (Feasibility and cost).
State’s Rights and the Federalism of Drugs. Roger Goodman and Mark Aoki-Fordham gave a written and oral report to the board on State’s Rights and the Federalism of Drugs. Both reviewed background materials and law in support of creating a regulatory system for the manufacturing and sale of drugs. The goal is to shift our legal framework from criminalizing this behavior and put the money where it is needed in treatment. Ultimately, the DPP will propose legislation this legislative session to fund a study to look at a state regulatory system.
If the board so approves, the DPP will work with others to support such a study. The board will hear from opponents to this idea at one of our future meetings. The board will have the opportunity to ask questions and hear opposing comments.
Bonnie J. Glenn is KCBA Secretary/Trustee. Ms. Glenn is a Senior Deputy Prosecuting Attorney at the King County Prosecuting Attorney’s Office. She can be reached at (206) 296-9035 or at bonnie.glenn@metrokc.gov.
