Archive for the 'Criminal Law' Category

CLE: The Significance of Childhood Attachment in a Rural Family Law Practice

CLE Presenters

Dr. Sarah Baxter
Dr. Andrew Benjamin
Dr.  Marian Birch
Dr. Mary Wegman
Mark Baumann, coordinator

CLE Workshop Materials

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

CLE INFORMATION

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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Pay or Appear program ruled unconstitutional

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.]

Craig Ritchie testifying as an expert witness

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.

RFP for City of PA Public Defender contract

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.

Elwha Walk for Awareness: a domestic violence awareness event

Walk for Awareness!
Community Event
After we walk: Join us for Dinner!  An educational video, and Prizes!
At the Lower Elwha Tribal Center
Wednesday, April 27th, 2011
3:30pm-6:00pm
Hosted by the Elwha Domestic Violence and Sexual Assault and Task Force

Strengthening Our Community Through Prevention, Protection, Safety, and Awareness.

Sponsored by Lower Elwha Family Advocacy Program OVW and OCVA Grants

April is National Sexual Assault Awareness Month.

For more information, contact 452-8471 ext. 231/205 or 460-1745.

Bar lunch CLE 3/18/11: Social Media nightmares, part 2

The March 18, 2011 bar lunch CLE topic will be:

Social Media Nightmares Part II

Social Media issues continue to plague attorneys because this area of law is relatively new. Nobody is immune from the potential nightmares and legal liability that social media can create. This CLE is important to all attorneys because the discussion will contain information and examples of criminal behavior, harassment, cyber-bullying, invasion of privacy, identify theft, family law issues, discrimination, and other workplace issues.


Donna L. Knifsend, Esq. PC
Lawsuit Prevention & Management®
P.O. Box 2896
116 West 8th Street, Suite 106
Port Angeles, WA 98362-0334
Phone: (360) 670-9406
e-Fax (360) 323-6927
e-mail: donnaknifsend2@gmail.com

www.Lawsuit-Prevention.com
www.LiteracyBenefitsEveryone.com

Exploring Options – Focusing on Goals
Reaching Workable Solutions

Bar lunch: May 21, 2010, CLE ignition interlock

May 21, CLE — Ignition Interlock presented by Courtney Popp, Washington State Patrol, at the Skills Center 8th and B street. Lunch is $9.00. Please RSVP for this event as soon as possible.

Upcoming bar meeting schedules: April 16 canceled

The April 16, 2010 bar lunch has been canceled, due to the BOG luncheon on April 23.

The next bar lunch May 7 bar lunch will be our annual Law Day event.  It is expected there will be a speaker, and awards will be presented.

The May 21 lunch will offer the Ignition Interlock CLE (which was previously scheduled for April 16).

Law Office of J. Andrew Lauer now open!

ClallamCountyBar is pleased to welcome J. Andrew Lauer to Port Angeles. Drew hails from Colorado where he practiced for 5 years, primarily as a Deputy District Attorney. Drew is taking new clients for all criminal related matters.

Law Office of J. Andrew Lauer, PLLC
PMB 144
136 East 8th Street
116 West 8th Street, Suite 109 (street)
Port Angeles WA 98362

360-773-7683