Effective February 1, 2012, Robin Auld’s new office will be located at 206 W Cedar, Sequim. The building is located on the NW corner of 2nd & Cedar, in a white 2 story building in downtown Sequim. The phonenumber, 360-452-4567 will remain the same.
Archive for the 'Bar News' Category
The Quileute Tribal Court is currently accepting proposals to provide Prosecutorial services to the Quileute Tribal Court. The selected applicantwill enter in to a Personal Service Agreement with the Tribe. This is a part time position. Interested parties will submit a detailed proposal, including expectations of hourly compensation and availability. Please direct all correspondence to Charlene Meneely, Chief Court Clerk/Court Adminstrator, P.O. Box 69, La Push, WA 98350.
Clallam County Bar Association Social Luncheon Friday, February 3, 2012 12:00 p.m.
In State v. Stone, Division Two of the Court of Appeals (Tacoma) has ruled the Jefferson County Superior Court pay or appear program is unconstitutional as applied.
State v. Stone___ Wn,App ___,(39912-1-II) (Div II) Jan. 4, 2011.
“We hold that enforcement proceedings for LFO [Legal Financial Obligation] payment obligations arising from criminal
sentences, which may result in incarceration, triggered a fundamental due process right to
appointed counsel denied Stone at the March 23 hearing. We also hold that the trial court
violated Stone’s due process rights by imposing jail time without inquiring at the March 23
hearing into Stone’s ability to pay and without making a finding at the October 2 hearing of his
willful failure to pay.”
CASE SUMMARY (per Washington Defender Association):
LFOs/Right to Counsel: Enforcement of LFOs falls under the criminal statutes and requires counsel to be provided if noncompliance may result in incarceration.
State v. Stone___ Wn,App ___,(39912-1-II) (Div II) Jan. 4, 2011.
Facts: Mr. Stone was ordered to pay LFOs as part of a criminal sentence. Without counsel being appointed to him, he signed an order to pay or appear in Jefferson County, requiring a minimum payment of $25.00 per month. He missed payments and failed to appear and did not contact the court numerous times. He was eventually incarcerated for non-payment and did not have counsel provided for the court hearings where jail was imposed. The court imposed jail because Mr. Stone did not pay and did not contact the court to offer any information about his circumstances. The court did not make any finding on Mr. Stone’s ability to pay but punished him for not paying and not appearing/calling. The state argued that the enforcement fell under the civil contempt statutes rather than the criminal statutes and that if counsel was required, Mr. Stone had waived that right.
Held: Enforcement proceedings for LFO payment arising from criminal sentences fall under the criminal statutes, here under 9.94B.040 [and not the civil contempt statutes]. If enforcement may result in incarceration then a fundamental due process right to counsel applies. Here, the trial court violated Mr. Stone’s due process rights when it sanctioned him without inquiring about Mr. Stone’s ability to pay and without finding a willful failure to pay and without providing counsel.
If you would like to comment on this story, please send an email to editor @clallamcountybar.com [NOTE: you can cut and paste this email address, but you must remove the spaces after "editor" in the email address. Spaces are included to reduce spam.]
Chris Cowgill has givin his notice of resignation and his last day will be 1/18/2012. The Tribe is looking for a new Prosecutor. (Please note that a law degree is NOT required.)
Contact Charlene Meneely
Chief Court Clerk/Administrator
(360) 374-4305
Charlene.Meneely@quileutenation.org
Clallam County Bar Association Social Lunch
Friday, January 20, 2012 @ 12:00 p.m. at the Skills Center
The family law section of the Clallam County Bar Association will meet on Thursday, January 12, 2012 at 12:00 p.m. in the Haller room at the Skills Center. The cost for lunch is $9.50 per person. Please RSVP to Teresa Neudorfer at taneudorfer@gmail.com.
Incredible Years Parenting Program -A fun, interactive and free parenting workshop to help you as your child grows.
WHEN: Monday mornings/afternoons for 18 weeks
January 9th thru May 21st, 2012
Family Breakfast from 9:00-9:30 a.m. with the workshop from 9:30-11:30
OR
Family Lunch from 1:00 p.m. to 1:30 p.m.
Workshop from 1:30 p.m. to 3:30 p.m.
WHERE: Peninsula Community Mental Health
118 East 8th Street, Port Angeles, WA 98362
WHAT: An opportunity for parents and their children to learn and grow together!! You will kearn how to promote positive behaviors, build social skills using effective praise, reduce inappropriate behavior and support your childs education.
Register early as the workshop space is limited.
Call DIana Velasco or Laura Costello at (360) 457-0431 or email at dianav@pcmhc.org
Judge Headrick passed away December 7, 2011 at age 74. He honored the Clallam County District Court #1 Bench over four terms from 1979 through 1993. Judge Headrick represented the finest qualities of a judge. He was fair, impartial, diligent, balanced and compassionate. He worked hard and brought a fine legal mind as he considered all sides of an argument.
Above all, Judge Headrick was, as Craig Ritchie said, unflappable. He demonstrated an unusual amount of patience and politeness. For practitioners, this is often one of the most appreciated aspects of a judge.
A celebration of life will be held at 2:00 p.m. on Saturday, January 7, 2012, in the Juan de Fuca Room at the Port Angeles Crabhouse restaurant, 221 North Lincoln Street, Port Angeles, Washington.
If you would like to offer a thought or memory about Rich, please forward your thoughts and we will post them.
A very nice Memorial Notice may found here at the Peninsula Daily News website.
Dear Fellow Clallam County Bar Association Members and Friends:
Thanks to all of you who were able to attend the holiday party last Thursday night. We had a great turnout and collected a big box of children’s toys, games, clothing, and other gifts for donation to Clallam-Jefferson County Pro Bono Lawyers. Pro Bono Executive Director Nancy Rohde accepted delivery of the gifts on Friday.
Thursday night we also welcomed incoming 2012 president Simon Barnhart to the beginning of his term. Additionally, members unanimously elected Derek Medina as the 2013 president-elect. Congratulations to both of them. Their leadership and dedication will ensure the success and positive growth of this organization for many years to come.
As my term comes to a close I would like to take this opportunity to thank several people for their help this past year. Immediate past president Will Payne handed me a financially sound and well-organized association. He, along with the following individuals, also contributed their time and knowledge to teaching CLE courses for our benefit: Larry Freedman; Rob Onnen; Judge Rick Porter; Donna Knifsend; Harry Schneider Jr.; Joe McMillan; Dr. Joshua Jones; Jacques Dulin; Jean Rickerson; Judge Ken Williams; Ted Ripley; Sok-Khieng Lim; and Andrew Buffington. Collectively, these presenters helped attendees earn 8.25 general credits and 3 ethics credits from the WSBA. Voluntary contributions collected for Pro Bono during those CLE courses totaled nearly $4,700.00. I especially want to recognize Nancy Rohde’s efforts for one of those events in particular. Last May she put together a truly memorable Law Day celebration for all of us, bringing in speakers from the Seattle law firm of Perkins Coie to share their story of historical pro bono representation.
CCBA members Selinda Barkhuis, Carol Mortensen, and Cliff Tassie are also deserving of special recognition for organizing Clallam Legal last month. While the event was not sponsored by the CCBA, it allowed our members to earn six CLE credits from the WSBA and also raised approximately $8,000.00 for Pro Bono. Thanks also to Mark Baumann for posting association news on his independently operated website, ClallamCountyBar.com.
Dues contributed to the association this past year helped fund five $750.00 scholarships to deserving 2011 graduates of Port Angeles High School. Additionally, members of the association also voted to contribute $750.00 to the local Youth and Government program so that high school students on the Olympic Peninsula could participate in Youth Legislature and Mock Trial. Thanks to all of you for helping to make those contributions possible.
Prior to concluding this message I would also like to extend additional and sincere appreciation to our longtime treasurer, Cliff Tassie. Cliff is often humorously referred to as the association’s “treasurer for life,” but the fact of the matter is that year after year he continues to perform a vitally important function for all of us. Presidents come and go with the passing of each calendar year but Cliff remains, working to ensure that our books are balanced, our dues are collected, and that money is available to contribute to those people and entities who we find deserving. For that, all of us owe him our gratitude.
It has been my pleasure to be of service to the association this past year. I extend my best wishes to each of you for a very happy holiday season and a prosperous and rewarding new year.
Sincerely,
Chris Koenig
2011 CCBA President
Webinar: Ethics Issues in Pro Bono Representation
December 20, 2011
9:00 a.m. to 11:00 a.m.
By Practicing Law Institute.
Credit approved in most states, including WA.
For more info:
http://4freecle.blogspot.com/2011/11/dec-20web-ethics-issues-in-pro-bono.html
Commissioner Basden will be out next Friday on the 23rd. The morning Family Court Calendar will be moved to Courtroom II before Judge Williams, and the afternoon Family Court Calendar will be moved to Courtroom I before Judge Taylor.
The Lower Elwha Klallam Tribe is seeking proposals from lawyers and law firms to provide public defense services in the Tribal Court. Proposals are due by 4p.m. on December 19, 2011.
New web site for Alternative Dispute Resolution section of Washington State Bar Association
Published December 12, 2011
in Alternative Dispute Resolution, Bar News, Estate Planning, Family Law, High Conflict, Litigation and Mediation.
Closed
The Alternative Dispute Resolution section of the Washington State Bar Association announces their web page at www.wsba-adr.org. Any person interested in mediation, arbitration, restorative justice, high conflict or other alternative methods to resolving conflict may sign up. Membership in the ADR section is suggested but not required.
The site offers web site members the opportunity to create a free customizable page within the site, which is searchable by lawyers and the general public. It also offers information, news and events about ADR in Washington.
You may join the section at http://www.wsba.org/Legal-Community/Sections
Members of the bar and their staff are invited to an open house at the Clallam County Superior Court Clerk’s office on Friday, December 30th, 2011, from 8:30 a.m. to 10:00 a.m.
Coffee, juice, fresh baked goodies will be offered.