As I have shared in previous articles, KCBA and I are dedicated to active allyship — a meaningful exchange of interests and resources. We will keep learning, allowing for brave spaces where compassion and vulnerability are expected. We are champions of inclusion who share our space of privilege and amplify the voice of those with lived experiences of oppression and exclusion. It is our mission to achieve diversity in the legal profession and excellence in the judiciary, and we are committed to calling out barriers to meaningful access to justice. We are interrupters of overt bias.

This month we profile King County Superior Court’s new Presiding Judge, Hon. Ketu Shah.  Judge Shah is the first South Asian judge in Washington and one of the first South Asian presiding judges in our nation.  Even if you already know Judge Shah, you will be pleased to learn more about the former law journal editor, soccer coach, and jazz aficionado. 

Bennett v. U.S., No. 101300-1 (Dec. 7, 2023). At issue: whether the statute of repose on medical malpractice actions violates (1) the privileges and immunities clause of article I, section 12 of Washington’s Constitution or (2) the right to access the courts pursuant to article I, section 10 of the same. In holding the statute violates the privileges and immunities clause, the state supreme court did not address rights to access.

What was once considered child’s play is that no longer. Gaming has become ubiquitous, with estimated worldwide revenues in 2023 around $350B. A 2022 study found the average age of a video game player was 35 years. Another study found only 21% of American gamers are under the age of 18. It used to be considered a predominantly male activity but recent studies suggest 48% of gamers in the United States are female. This all hit home when we recently concluded a mock trial with a question to the lead attorney, a seasoned and successful trial attorney in his late fifties, what he had planned for the night. We expected to hear him say he might enjoy a glass of fine whiskey or wine, read James Joyce, or have sophisticated conversations with his social circle, but instead his answer surprised us. He said he was going to play some Call of Duty. Of course, there is nothing wrong with that, but it was the last thing we expected to hear. We all have ideas of what a “gamer” is, usually consisting of someone living in their mom’s basement, but it turns out that stereotype (like many) is far from the truth.

Recently, our firm was approached by a potential client that wanted assistance in closing down their business. The principal, being more of an artist than a businessperson, had turned over the management of the business to individuals recommended by “friends” who had made very questionable decisions and had the owner take out myriad credit cards and two loans, all personally guaranteed.

Warren Buffett’s right-hand man has passed away but his dry, quotable aphorisms remain for all to enjoy.  Local construction attorney and part-time wit, Seth Millstein, shares his top ten Mungerisms.

KCBA’s Annual Bench-Bar Conference took place on November 10, 2023 at the Seattle Convention Center. The event included a full day of panels, including updates from each level of Washington’s courts, an overview of Federal Indian Law and the importance of partnership particularly in matters of concurrent jurisdiction, and an introduction to five of King County’s newest judges.

Turnout for this all in-person event was excellent, and the attendees enjoyed reconnecting with colleagues from the bench and bar. Special thanks to our planning committee, which included Judge Patrick Oishi, Katie Comstock, Colin Mieling, KCBA President Karen Orehoski, and KCBA Executive Director Christina Coad. Thank you for a wonderful event!

It should go without saying that good communication is essential to a successful mediation. If, for example, a defendant does not understand a plaintiff’s demand, whether that involves a complex commercial negotiation, a labor dispute, or a personal injury claim, there is little hope that the dispute will be resolved. The parties need to communicate, in both directions, what it is that they need and even better, why they need it. Hopefully, your mediator also serves as your interpreter for the what and the why.

Does AI get SAD?

In the Pacific Northwest we are no strangers to the mood-altering effects of The Big Dark. While some of us embrace the gray skies and rain, others hunker down with our books, coffee, and happy lights to chase the SAD (seasonal affective disorder) away. In what would seem to be more suited to a movie plot or an Onion article, in November people began to comment on tech & social media platforms that ChatGPT4 was getting lazy. Come again? Users reported that ChatGPT4 was refusing to do work and giving much less finished/ detailed responses than previously. Conspiracy theories abound. Is it possible that AI has become so self-aware that it too, falls prey to seasonal affective disorder? The timing is suspicious!

I remember as a young teen reading Black Like Me by John Howard Griffin in the mid-’60s. The author, a white journalist from Texas, recounted his experiment of temporarily changing his skin color for six weeks and traveling throughout the Deep South to record and share his experiences. As a white Jewish idealistic youth I felt sad, angry, and inspired to “do good.”