Editor’s Note: The Bar Bulletin first met the Honorable Averil Rothrock in 2021, via the following profile. Judge Rothrock is the new presiding judge of the King County Superior Court, the court to which she was appointed in 2018. At the time of this profile, Judge Rothrock presided over juvenile cases at the court’s Children and Family Justice Center. Prior to joining the bench, she practiced trial and appellate advocacy for 24 years in King County.
Judge Rothrock was born in Bangalore, India, to young Philadelphians living abroad as teachers. The Judge has lived in Seattle since 1970.1 The Judge’s immediate family consisted of Mom, Dad, Son, and Daughter. Together with a beloved golden retriever, they were the West Coast contingent of a larger family network located on the East Coast and in Indiana. “We visited the extended family often, but we loved the Pacific Northwest and consider ourselves Seattleites.”
Mom taught preschool, worked as a fundraiser for child care agencies, and worked for F.C. Seattle2; unsurprisingly, “we’re soccer players.” Dad has a Ph.D. in applied physics, taught mathematics, and spent his career as a principal researcher at the University of Washington’s Applied Physics Lab. Mom and Dad’s curiosity (about other cultures, places, languages) significantly influenced Judge Rothrock’s life.
Judge Rothrock and her brother graduated from Garfield High School in the late 1980s. After graduation, she pursued a liberal arts education at Colorado College. “I enjoyed education for the sake of education.” All liberal arts majors say that, they have to; but it’s worth noting that the Judge’s maternal grandfather, recalling his own parents’ emigration from Europe, coined the family motto: “You’ve got to get your education.” Granddad put himself through college and law school, against the wishes of his parents, who preferred he work right out of school.
Judge Rothrock majored in English and minored in French, which seems like a wise choice as she studied abroad in France in 1989 — the bicentennial of the Storming of the Bastille. Abroad as a young American, Judge Rothrock lived with a French family, with whom she remains in contact. “I like connections and maintaining them.”
Looking back at her college years, the Judge remembers the lingering question of what to do next. “As an English major, I thought maybe I would become an English professor, but I realized that was too academic for me and I wanted to do something more practical in the world. I wanted to experience life and work on real world problems.” Just like her maternal grandfather, she decided to go to law school. Sometimes, fate leaves no choice: “My mother would always say to me after an argued point of conversation, ‘Averil, you should be a lawyer.’ I didn’t take it very seriously, but the power of someone saying you can do something important cannot be underestimated. I have loved being a lawyer, and now I love being a judge, and it is definitely not academic!”
So, after earning her bachelor of arts cum laude, the Judge attended Willamette University College of Law. There, Professor Carlton Snow was her beloved mentor. Professor Snow taught contracts through the Socratic Method. Judge Rothrock can still close her eyes and transport back to class:
Professor Snow was thoughtful, gentle and mesmerizing when revealing the development of the common law and the logic behind it, and being in class with him was transformative. He would just draw you out and allow you to trust yourself. He did it kindly, recognizing the dignity in each student. I had the privilege of working for him on arbitration cases that he handled, and he eventually performed the marriage ceremony for my husband Ed Budge (a fellow student) and me.
Professor Snow was overcome with a stroke at the end of a class in 2004; thinking about him today, Judge Rothrock hopes that the way that she treats individuals in the courtroom is similar to how he treated students in his class.
Law degree in hand and bar exam in rearview mirror, Judge Rothrock entered the world of lawyering:
I loved practicing law. I loved collaborating with colleagues and everyone on the team, including fabulous assistants who supported me. I loved both the researching, planning and strategy, and the execution through the discovery process and drafting of the necessary documents. Even lessons learned the hard way — and there are plenty of those in 24 years of practice — I reflect on with appreciation. To be surrounded by really good lawyers working very hard together is very rewarding.
Still, there are things one wishes were different. For the duration of her private practice, from 1994 to 2018, Judge Rothrock was enormously disappointed by the turnover of women lawyers throughout the industry and the lack of women in senior positions and in full partnership. “I graduated at a time when law school classes were half women, and I had the attitude that gender would not impact our careers, and I was miserably wrong.” As many readers likely know, it can be lonely and discouraging. “It’s getting better,” she says, “especially as younger male lawyers have different expectations for themselves about participating in family life and child rearing. These societal changes are helping to change the culture of the profession. Maybe the aftermath of the pandemic will also help change the culture of law firms, so that self-care, self-knowledge and balance will be more embraced, and law firms will adapt to retain talent.” Among other things, men can help advance women by endorsing them and holding women out as experts. “I am grateful to a variety of mentors, most of them men,” she added.
Importantly, there are things that firms can do to change the gender inequality that exists within them. “If you are in a law firm and don’t know what these things are and your firm is not taking steps to include and advance women, then consider the possibility that you should find out what these things are and take steps to improve what your firm is doing.” Judge Rothrock has written prolifically on the subject.3
Judge Rothrock’s career path was not traditional. “I did some unconventional things, and kept faith that it would work out.” After the birth of her first child, she did not return to work as an employee; after all, as a new mother she would have sought to work about 80% of full time and would have been compensated at 70% or 75% of her salary. But that was the landscape in the early 2000s. Instead, she preferred to work on a contract basis and do special projects. “I did what Sheryl Sandberg in her book ‘Lean In’ calls ‘off ramping,’ and I was fortunate to have the opportunity to on ramp again thanks to some great colleagues. Of course, it was a much longer road to partnership at that point.” Nevertheless, Judge Rothrock eventually became a partner and a practice group leader. The takeaway? Do what works for you (within reason) and don’t be afraid to find your own path.
During her time in private practice, Judge Rothrock also worked on significant pro bono projects.
To me, pro bono work, including work in the community and for bar associations, is the essence of lawyering. It elevates the practice of law from work to a profession. It is always surprising and rewarding, and gives lawyers the chance to work with fellow lawyers outside of their own firms. It doesn’t have to be something you are uncomfortable with — you can find a way to contribute that suits you and you can always change it and try something else. We are privileged to have our skills should put them to this use.
Additionally, Judge Rothrock has served on the executive committee of KCBA’s appellate section; WSBA’s civil litigation rules drafting task force; as a trustee for the King County Bar Foundation; and as trustee for the King County Law Library:
I really enjoyed all of these roles. Again, working with other lawyers and being part of the larger community of lawyers is really invigorating for me. I carry on now as a judge participating in these same types of things. In addition to the inspiration I get from all of the good work being done in committees, associations, task forces and work groups, it helps me maintain connection to the larger community.
From her seat on the bench, Judge Rothrock offers some insight into chambers. “What I love most about being in court is the day-to-day interactions with people, and doing my best to assure people that I am listening very carefully to what they are telling me and that their case has my full attention.” She works closely with her bailiff, Renee Janes, whose experience and organizational vision are indispensable. “We want to provide good customer service, respond to emails and phone calls without delay, and help attorneys do their jobs.”
We are not part of the Borg. You may have filed something but if it didn’t get to us correctly, we don’t know it’s there. The computer systems that we work with are not state of the art — they are patched together and things can go wrong. Feel free to double-check and communicate with us. One of my highest priorities is to be prepared. I want time with the parties’ materials so that I can review them and think about them in advance.
For those readers thinking about transitioning from the bar to the bench, Judge Rothrock has wisdom to share. Having done extensive appellate work, she worked intentionally as a practitioner to improve her writing and to express complicated ideas as simply as possible. Working within a community, and even just attending the informative monthly programs provided by KCBA sections, can be instrumental to unlocking perspective and opportunity. “Keep a list of cases, skill-building experiences, community work, and presentations or articles,” she suggests. “You are likely to impress yourself, and it will help you with the applications.” Mostly, she recommends not selling yourself short or dissuading yourself from entertaining the possibility. “I did not design my whole life to become a judge. If you are considering it now, listen to yourself and don't be embarrassed to take the idea seriously.”
On a more personal note, the Judge has always been a skier, does a fair bit of fishing, and loves to travel. “One of my most exotic adventures was to Nepal, where I trekked to Everest Base Camp and summited Kala Pattar, a peak of 18,500 feet, with my husband Ed.” The former English major reads much; mostly DEI books and novels. Interestingly, the Judge claims to be both a dog and cat person.4
1 For those who remember Seattle circa 1970: “Will the last person leaving SEATTLE – Turn out the lights?” Bob McDonald and Jim Youngren, billboard advertisement near Sea-Tac (1971).
2 Remember Football Club Seattle Storm of the Western Soccer Alliance (1984-1995)?
3 See, e.g., Rothrock, Averil, “Women Making History,” Bar Bulletin (March 2018); “Be Part of the Solution: How Law Firms and Male Colleagues Can Be Women’s Most Effective Allies,” NW Lawyer (September 2017); “Sanctions for Sexist Remarks: Don’t Overlook Obnoxious, Demeaning Behavior,” NW Lawyer (March 2016); “Going to the Top of the Jungle Gym: the Premise and Power of Women ‘Leaning In,’” Bar Bulletin (June 2013); “Opportunity for Women: Who Can Succeed on Your Firm’s Pitch?” Bar Bulletin (November 2011).
4 As a dog lover, I’m skeptical, but then again, my Japanese Chin acts very cat-like, so … perhaps.
