Reflection on the Coming Year - BAR BULLETIN

Bar Bulletin


Posted on: Jan 1, 2025

As we bid farewell to 2024 and think about the challenges that we face in 2025, I do think the readers of this Bulletin are especially poised to address those challenges. Having spent many years working in this community, I know we have a broad array of talented legal professionals who are skilled in not just taking on challenges but engaging in meaningful problem solving. So, I approach 2025, and the transitions that come with it, in a hopeful mindset and with gratitude for the contributions you have made and will make in the coming year.

At the KCBA, we begin 2025 with a new leader at the helm, running day to day operations. Executive Director Kathleen Jensen is well known to many of you and brings with her years of experience in supporting the work of our Bar Association. Kathleen is taking on the challenge of transitioning our association from a membership entity with its own in-house public interest law firm (the Housing Justice Project (HJP)) to an association that supports the mission of HJP but focuses on membership services and other programs that promote access to justice. I look forward to working with Kathleen this year as we plan for transition and implement our strategic plan.

We also begin the new year with congratulations to the former Senior Managing Attorney for HJP, Edmund Witter, as he transitions to a new role at the King County Regional Homelessness Authority. Edmund is responsible for not only developing the growth of the HJP into a 44-member legal services team, with statewide reach, he is also a respected advocate who was instrumental in the passage of Right to Counsel laws for low-income tenants facing eviction. Edmund begins the year as General Counsel for the King County Regional Homelessness Authority. I appreciate Edmund’s contributions to KCBA and have confidence that he will continue to engage in problem solving as needed to address the access to housing crisis.

Another problem-solver already working on anticipated changes in immigration policy is one of my predecessors, past KCBA President Tahmina Watson. Along with colleagues in her practice area, Tahmina presented the KCBA CLE, 2024 Immigration Updates: What to Expect Under a Second Trump Administration and How the Legal Community Can Prepare just two weeks ago. Tahmina and her co-presenters discussed preparation strategies for attorneys, including those of us who do not have an immigration practice. I do see a challenge in promoting both state and county codes that provide protections for immigrant and refugee communities that are inconsistent with promised mass deportations. The police agency that I represent, as General Counsel, will be squarely in the middle of any attempts to use police powers to implement mass deportations. I know the problem-solving skills of our colleagues with immigration expertise will be important to ongoing commitments of our County Council and legislature.

Yet another challenge we face is squarely before the Washington Supreme Court as it considers the pending request to adopt the Washington State Bar Association’s proposal on public defender caseload standards. There is more detailed coverage of this issue in this month’s Bulletin, including differing views on how to address this challenge. However, it seems beyond dispute that we do face a challenge of staffing both public defense and prosecutor positions, within the constraints applicable to County financing. One of the concerns raised in response to the caseload proposal is the cost and the lack of adequate funding to support the proposal. King County passed a budget for 2025 that generally preserves County services but projects a $150 million shortfall in the next biennial budget. Any additions to staffing for public defense and related expenses will be a challenge. Everyone1acknowledges the importance and the obligation to provide representation to indigent defendants but how can we fund, attract, and retain more people to do the work? I do not have an answer, but I know we have many problem-solving attorneys and other people in public service working on this challenge.

I want to identify one more problem-solver who is a long-time volunteer and provider of pro bono legal advice to people who do not have direct access to civil legal representation. Michael Goldenkranz, in the tradition of legal problem-solvers, is suggesting we make it possible for persons who lack financial resources to attend law school without payment of tuition, in return for 5 years of dedicated service in an underserved community.2 Maybe some version of this concept can help fill the void when it comes to getting more people licensed to do the work that is needed. The point is taking the first step at solving some of these problems, with some kind of action. We are an association of people who take action. As Rev. Martin Luther King Jr. reminds us:

“Take the first step in faith. You don’t have to see the whole staircase, just take the first step.”

Who can guess what the entire staircase looks like as we enter the year 2025. I hope for action and for thoughtful ideas from our membership on these and other challenges that await.

If you are one of the people who has been focused on the holidays until very recently and overlooked or put off purchasing a ticket, a great first action step for 2025 would be confirming your attendance at the Rev. Martin Luther King lunch, on January 17, 2025. 3

1 Complete remarks in support and opposition to the current recommendation to the Washington Supreme Court are available at: https://www.courts.wa.gov/court_rules/?fa=court_rules.comment
Display&ruleId=6163

2 Michael’s proposal was recently published in letters to the Seattle Times, see https://www.seattletimes.com/opinion/letters-to-the-editor/higher-education-up-the-ante/

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