Clallam County lawyers & legal news
Lutheran Community Services NW-Parent Line presents…
Strengthening Families Parenting Class, for families with children ages 8-14 years old. No cost to attend!!
Starting May 9, 2012 through June 20,2012.
Wednesdays from 5:30 p.m. to 7:30 p.m.
Located at Parent line-301 Lopez, Port Angeles WA
Class size is limited so call 360-452-5437 to register today
Mark Baumann was invited to assist at Bill Eddy’s two-day seminar Mediating High Conflict Disputes: Advanced Training for Dispute Resolution Professionals. The seminar was hosted by the High Conflict Instute and Mediate BC, and held in Vancouver B.C., March 29-30, 2012.
Mr. Eddy presented a new paradigm for mediating with high conflict people that focuses on the future and making proposals, rather than focusing on facts and interests. For a summary of the training see Mr. Eddy’s summary at www.highconflictinstitute.com.
Dr. Sarah Baxter
Dr. Andrew Benjamin
Dr. Marian Birch
Dr. Mary Wegman
Mark Baumann, coordinator
Top 10 Attachment-Informed Do-Ables for Lawyers and Judges
By Mark Baumann, J.D., Rachel Hardies, MA, and Sarah Baxter, Ph.D.
Dr Birch’s Top 10 attachment needs
Bibliography (This bibliography identifies books, articles and websites. The debate around overnights for children under age 3 is largely championed by Kelly and Lamb, who believe overnights can be OK in certain situations, and by Jennifer McIntosh and Judith Solomon, who found in their research that overnights cause significant stress and behavioral problems. Some of the articles around this debate are identified.)
Developmental Guidelines for Parenting Time (Baris and Garrity model modified by Dr. Baxter)
Still Face Experiment
Brain scan image comparing healthy and traumatized brain
Powerpoint presentations
Dr. Benjamin’s parenting evaluation powerpoint
Dr Birch’s introdcution to the science of attachment
Attachment informed parenting time guidelines
Residential Guidelines – Spokane County (try using the rotate button in the PDF reader for better readability)
Arizona Supreme Court Parenting Time Guidelines
Minnesota Supreme Court Parenting Time Guidelines
Indiana Rules of Court Parenting Time Guidelines
Links to other resources
The Australian government is undertaking perhaps the largest longitudinal study (10,000 people) of the impact of divorce on children. In 2010, several interim conclusion reports were issued. You can access the full report (169 pages) here: Post-separation parenting arrangements and developmental outcomes for infants and children- Collected Reports 2.
Here is a link to a shorter discussion paper Dr. Jennifer McIntosh. The study finds significant problems for children under age 3 who have overnights away from their primary caregiver, and but not for children 4 and older.
Washington standards for parenting evaluations by psychologists
Brain Rules for Babies
Between Parent and Child
Top Ten Ways to Protect Your Kids (By Dr. Joan Kelly)
ACES Study
Zero to Three
Healing Resources: Preventing and Healing Stress Related Problems
Date & Time: Thursday, April 26, 2012, 10:00 a.m. – 2:30 p.m. (including 30 minute free lunch)
Location: Clallam County Superior Court room #3 (family court), Port Angeles, Washington
Topic: The Significance of Childhood Attachment in a Rural Family Law Practice
Price: $85, includes lunch and (est) 4 CLE credits
Prevention Works of Clallam County and the Clallam County Bar Association are pleased to present a unique training about childhood attachment for all family law judges, lawyers, staff and other legal professionals who work with families.
Leading this training is Andrew Benjamin J.D., Ph.D., ABPP. He is the director of the Parenting Evaluation/Training Program (PETP) and is a Clinical Professor of Psychology and Affiliate Professor of Law at the University of Washington. Joining him will be a panel of three psychologists: Sarah Baxter, Ph.D., Marian Birch, Ph.D., and Mary Wegman, Ph.D. These presenters are all highly experienced clinicians and expert witnesses with expertise in attachment theory as applied in the court system.
Childhood attachment is considered by many to be the most important psychological discovery in the last 50 years. Substantial neuroscience research supports the connection between childhood attachment and brain development. This research also connects the quality of attachment to how a child behaves as an adult. More recently, attachment theory and its practical implications to family law are changing the nature of the practice.
The seminar panel will define attachment, describe good and bad parenting in terms of promoting healthy attachment, describe the incredible life-long harm poor attachment can cause, and discuss the practical significance for family court practitioners. Information will be provided to help judges and lawyers recognize when a family needs help fostering healthy attachment, what judges can specifically order to facilitate improved attachment (and healthier children) that are low or no cost, and how lawyers can counsel clients to appreciate and take advantage of the benefits of adopting an attachment-focused approach.
The seminar format will be two lectures followed by a question and answer period, and a panel discussion of common fact scenarios with audience involvement. This seminar will be highly focused on applying attachment principles to real-world situations in family court, rather than dependency court, where resources are limited,. Participants are encouraged to provide fact patterns or case examples for discussion. If you have a situation you would like the panelists to discuss, please email Mark Baumann.
As far as we know, this is the first attachment seminar focused specifically on the needs of a family court where resources are poor and the solutions are focused on what judges, lawyers and parents can do to improve the lives of children. The panel is very excited to be able to present this topic and I hope you will you join us for this very special opportunity. Lunch will be provided and I expect to be approved for 4 CLE credits. Information about materials will be provided as available.
To register, send your name, email address, bar number, and a check payable to Prevention Works (we apologize that we cannot accept credit card payments) and mail them to:
Mark Baumann
PO Box 2088
Port Angeles WA 98362
360-452-8688
(mark@markbaumann.com)
(try using the rotate button in the PDF reader for better readability)
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William P. Henry Sr. (Sgt. Clallam County Sheriff Dept. Retired) passed away this past weekend. Fred Defrang is assisting his children and they have not been able to locate a Will. If anyone has any information, please contact Fred.
Fred DeFrang
DeFrang Executive Services
Legal Investigations/Process Service
1125 East First Street
Port Angeles, WA 98362
360.460.0463
360.452.1168 (Fax)
www.defrangexecutiveservices.com
fred@defrangexecutiveservices.com
To all Clallam-Jefferson-Kitsap bar members:
Childhood attachment is considered by many to be the most important psychological discovery in the last 50 years. Supported by substantial neuroscience research in how childhood attachment is intimately tied to infant brain development, attachment theory has driven considerable change in how the fields of mental health, social work and conflict management understand the impact of early relationships on childhood development. More recently, attachment theory and its practical implications are being applied in the law. Prevention Works of Clallam County is pleased to announce a training on this essential topic for all family law practitioners and all other legal professionals who work with families.
The training will be led by Andrew Benjamin J.D., Ph.D., and Sarah Baxter Ph.D. Dr. Benjamin is a clinical Professor of Psychology and affiliate Professor of Law at the University of Washington, and Dr. Baxter is a clinical psychologist whose work specializes in children, families and trauma.
Please save the date. We will provide more information on the precise location, cost and agenda as it becomes available.
Mark Baumann
Port Angeles
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.]
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 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
Craig Ritchie, Sequim City Attorney and pharmacist, has been listed as an expert witness for the prosecution to provide reports and testify about the effects of prescription drugs on driving in criminal cases. Mr. Ritchie practices full time for the city of Sequim and no longer maintains a private practice.
Mark Baumann has been a member of the executive committee for the Washington State Bar Association’s Alternative Dispute Resolution Section since 2008. In October, 2011, he was
appointed to the chair of the sections Media and Communications Committee. Previously, he served on the Newsletter, Website and Education committees.
The WSBA ADR section is dedicated to promoting the informed use and best practices for ADR in Washington.
The City of Port Angeles has issued a RFP, looking for an attorney or firm to provide public defender services. Please contact the City Attorney’s office at 360-457-0411 for more information.
Mark Baumann and Rachel Hardies presented High Conflict Cases: The Courage to Look at Your Behavior, at the November 4-5, 2011, Oregon Mediation Association’s annual conference, on behalf of Bill Eddy’s High Conflict Institute (HCI). Presentation materials for their OMA and NW DR conference are available here, and include their HCP Identifiers checklist, HCP Solutions Table, Equipoise article, and resource bibliography for mediators. Other materials and articles can be found at HCI.
Their OMA presentation focused on how mediators affect and are affected by high conflict personalities during mediation. Their topics included understanding high conflict personalities, understanding how conflict resolvers can get triggered and/or hooked, what assumptions conflict resolvers should be aware of and how they may need to change, the importance and difficulty of setting effective boundaries, and the strong challenge to ethics high conflict people can impose.
Listening to highly insistent emotions and applying techniques of empathy, attention and respect (EAR) are highly valuable skills in high conflict cases, not only for helping to reduce conflict by the parties, but also to help mediators and judges stay centered and reduce the effect of being triggered and unhooking.
30 presentations were made at the two-day multi-track conference.
Mr. Baumann and Ms. Hardies also presented at the two-day spring 2011 NW Dispute Resolution Conference at University of Washington, focusing on “movement” as technique for working with high conflict people.
Mark Baumann is a lawyer, mediator and associate of the High Conflict Institute, litigating in Port Angeles, mediating in Seattle, and consulting internationally on high conflict cases to professionals and individual parties.
Rachel Hardies is a therapist and parenting instructor practicing in Port Angeles, and a co-mediator with Mark Baumann.
Kimberly K. Ortloff provides full service legal advocacy in Washington State, with offices in Port Angeles WA. Ms. Ortloff provides a unique, one on one approach to helping clietns with their legal issues and specializes in special needs education law. Along with advocating for clients, Ms. Ortloff is also the mother of an autistc son, giving her a unique perspective in helping families through the maze of education and therapy issues. Her expertise also can help in establishing the unique estate planning needs facing these families.
Ms. Ortloff also specializes in estate planning, including wills, trusts, adoptions, real estate, commercial and contracts.
Ms. Ortloff’s office is located at 319-A South Peabody, Port Angeles, WA 98362.
1-360-504-1148; kim@olypentitle.com
“All rise for the Honorable 4th season!”
Please join us!! There will be refreshments plus door prizes donated by Jamestown S’ Klallam Tribe, including the entire DVD set of Boston Legal Season IV!!
Date: Friday November 4, 2011
Location: Port Angeles City Hall Chambers
321 East 5th Street, Port Angeles, WA 98362
CLE Credit approval is pending for 6 CLE credits (5 general credits & 1 ethics credit)
Pre Registration cost is $150.00 and $175.00 at the door. Make checks payable to Clallam Jefferson Counties Pro Bono Lawyers. All Proceeds go to Clallam/Jefferson Pro Bono. Send or fax completed registration forms to: Carol Mortensen
916 Georgiana Street
Port Angeles, WA 98362
(360) 452-1112 Phone
(360) 452-1164 Fax
SCHEDULE OF EVENTS
8:30 am-9:00 am
Buffet Breakfast & Refreshments
Registration & Distribution of Course Materials
Introduction by Cliff Tassie
9:00 am-9:55 am
Tort Law Update
Keith Kessler, Esq, Stitmatter Kessler, Hoquim, WA
10:00 am-10:55 am
“The Lawyer Who Fixed Hammers and Other Cautionary Tales”
(Keeping your License Through The Lessons Learned by Real Lawyers in Real Life Situations)
Kurt M. Bulmer, Esq, Seattle, WA
11:00 am-11:55 am
Hot Topics in Family Law
Valerie A. Villacin, Esq, Edwards Sieh Smith & Goodfriend PS, Seattle, WA
12:00 pm-1:30 pm
Lunch Break
1:30 pm- 2:25 pm
Marijuana: Criminal & Civil Issue
Jeffrey Steinborn, Esq, Seattle, WA
2:30 pm-3:25 pm
Reality Check: A self Audit for Your Practice
Mr. Peter Roberts, WSBA, Seattle, WA
3:30 pm-4:25 pm
Where Bankruptcy & Divorce Law Collide
Kevin R. Hansen, Esq, Port Angeles, WA
Please join me for the Legacy Planning Seminar co-sponsored by the Jefferson Community Foundation and Clallam Community Foundation this coming Friday, September 16th from 10:00 a.m. to 1:30 p.m. For Bar members, especially ones with estate planning practices, this is a great opportunity to learn more about planned gifts by one of the foremost authorities in our State, Bill Zook. This will be an opportunity to learn about charitable remainder trusts, gift annuities and other planned gifts. The WSBA has approved the seminar for two CLE credits, and the cost of the seminar and lunch is only $25.00. The seminar will also be held at the Northwest Maritime Center in Port Townsend which is a really spectacular venue for a seminar.
The Clallam Community Foundation has also co-sponsored this event and is eager for as many Port Angeles and Sequim lawyers to attend as possible. The Clallam Community Foundation (which is a part of United Way) is a great way of reinvesting in our community, and attendees will have an opportunity to learn more about the Community Foundation and other non-profit
organizations in Clallam County.
I really urge as many estate planning attorneys to attend as possible. It should be a fun time to get together and I look forward to seeing as many people there as possible.
Stephen C. Moriarty
Platt Irwin Law Firm
403 South Peabody
Port Angeles, WA 98362
Phone: (360) 457-3327
Fax: (360) 452-5010
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