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.

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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

The WSBA ADR section is dedicated to promoting the informed use and best practices for ADR in Washington.

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.

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

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

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

Derek practices in the areas of Family and Landlord/Tenant.

Derek Medina
210 E. Fifth Street
Port Angeles, WA 98362

360-504-2191
www.medina-law.com

Hours are:

Monday: 9:30 am to 3:30 pm
Tuesday: 9:30 am to 3:30 pm
Wednesday: 12:00 pm to 4:00 pm
Thursday: 9:30 am to 3:30 pm
Friday: 12:00 pm to 4:00 pm

Welcome Shirley!

Mark Baumann, JD, Rachel Hardies, MA, and Angeles Mediation, will be operating a pro bono Domestic Violence Mediation Project to help low income families who have had allegations or a history of domestic violence resolve conflict through mediation. Domestic violence may involve physical and/or emotional abuse, and/or may be perceived as a “high conflict” case. These are difficult cases that require special handling and attention, particularly to both parties needs and safety.

The interdisciplinary DV Mediation Project is an access to justice oriented project, offering people of modest means an alternative to litigation that may also offer a more effective method of managing entrenched conflict patterns. Part of the purpose of the project is to develop and report on effective mediation techniques for domestic violence situations.

The DV Mediation Project encourages attorney and advocate participation and the development of safety plans. Attorneys and advocates interested in participating in the Project may contact Mark Baumann or Nancy Rohde, and are encouraged to attend the Quileute Tribe’s unique DV training opportunity by the Southwest Center for Law and Policy in La Push on June 28 and 29. (This training is free and offers CLE credit. For more information see http://clallamcountybar.com/2011/06/03/842/)

The DV Mediation Project will be coordinated through the Clallam County Pro Bono Lawyers, and parties interested in mediation services should call them for scheduling, and call Healthy Families for advocate and safety planning services in this or any DV situation. If you are interesting in contributing to the project, as a volunteer mediator, advocate, advisor, counselor, educator, concept developer, or otherwise, please call for more information.

Mark Baumann
360-452-8688

Rachel Hardies
360-670-2336

Clallam County Pro Bono Lawyers, 360-417-0818
Healthy Families, 360-452-2381

This trainings is FREE, offers CLE credit and is open to anyone (breakfast & lunch provided).

Southwest Center for Law and Policy (SWCLAP), based in Tucson, Arizona, is a nationally recognized training and technical assistance provider and approved by the Department of Justice Office on Violence Against Women to provide training and technical assistance to grantees. Please contact Monica Henry, New Beginnings Program Manager, if you are interested in receiving CECs for this training.

The purpose of this training is to provide law enforcement, court personnel, prosecutors, judges, victim advocates, school staff, social service & health providers and community members with the knowledge and skills to understand and effectively respond to domestic violence and dating violence.

Southwest Center for Law & Policy and the Quileute Tribe New Beginning’s Domestic Violence and Teen Intimate Partner & Sexual Violence Training Agenda:
June 28th, 2011
8:00 – 8:30 Opening and Traditional Welcome
8:30 – 10:00 Effective Investigation and Prosecution of Domestic Violence Crimes – Hallie Bongar White
10:00 – 10:15 Break
10:15 – 11:15 Identifying Predominant Aggressors and Self-Defense – Hallie Bongar White
11:15 – Noon Courtroom Safety in Domestic Violence Cases – Melodie Lopez
12:00 — 1:30 Lunch (provided) / Film: “Sin By Silence”
1:30 – 3:00 Native Teens: Dating Violence/Intimate Partner Violence- Melodie Lopez
3:00 – 3:15 Break
3:15 – 4:45 School and Community Issues to Protect Teen Victims – Melodie Lopez

June 29th, 2011
8:30 – 10:00 Interviewing domestic violence victims, perpetrators, and other witnesses – Hallie Bongar White
10:00 – 10:15 Break
10:15 – Noon Protection Orders for Teens and other Victims- Hallie Bongar White
12:00—1:00 Lunch (provided) Film: “Listen to the Grandmothers”
1:30 – 3:00 Sexual Assault against Teens – Melodie Lopez
3:00 – 3:15 Break
3:15 – 4:45 Confidentiality with Teen Victims – Melodie Lopez
4:45 – 5:00 Closing

Ride sharing: For information, contact Emily Qualls at the Law Office of Mark Baumann, 360-452-8688

To register, contact:
Monica Henry Quileute Tribe New Beginnings Program Manager & Victim Advocate
monica.henry@quileutenation.org
Phone: (360) 374-5110
Fax: (360) 374-5128

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.