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HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

November 2021

February 2020 2019 December

The Clark County Bar Association is a professional organization that serves to support our local attorney community through providing education and networking opportunities designed to enhance and foster better relationships within the local legal community.

November Hearsay Contributors Commissioner Jill H. Sasser Clark County Superior Court Commissioner Jill H. Sasser began serving as a judical officer for Clark County Superior Court in 2021.

Christina Phelan Phelan Law Office As an associate at Phelan Law Off ice, Christina focuses on Criminal Defense and JuvenileLaw. Christina is also a dedicated member to both the Hearsay and Social Committees of the CCBA.

David C. Commisa Morse Busby Andrews and Terry LLP Davis Commisa is an associate attorney at Morse Busby Andrews and Terry, with a focus on Criminal, Personal Injury and Family Law.

Whitney Hawke Wheeler Boyd, PLLC Whitney Hawke is an associate attorney at Wheeler Boyd. Whitney’s practice focuses primarily on family law. She is also a member of the CCBA Hearsay Committee.

The A-Maze-ing Corn Maze page 10

property damage wrongful death personal injury product liability

1022 NW Marshall Street #450 Portland OR | (503) 226-6361 | paulsoncoletti.com

Lawyer Bffs: Bennett Brandenburg & Ben Melnick page 24

Honoring our Veterans page 10

Happy November to our members. Our year is already off to a great start. Much thanks to all those who attended the A-Maze-Ing Corn Maze event on a rainy night, and for packing that barn. We have a number of things to be thankful for this year—including the Bar’s SW Washington Lawyer Referral Service. The Referral Service is a great way to connect with new clients and an excellent space to send those seeking referrals. Only those signed up for the service will appear on the list. Recently revamped for the new century, the Referral Service will soon be an online platform. If you don’t want to be left out, joining the Referral Service is super easy. Log into your member portal and check the box “Southwest Washington Lawyer Referral Service” to pay the extra reasonable dues of $175. That breaks down to less than fifteen-bucks a month to appear to all the community members who regularly reach out to the CCBA looking for referrals. After that, you just select your practice areas and you’re good to go. If you having trouble, just email ccbamanager@ ccbawashington.org for an assist. We are also thankful for new faces. Christy Grafton recently joined our staff as an Administrative Assistant and is already an awesome addition to the team. Before working at the bar, she worked in Tempe, AZ and here in Vancouver, WA. Next time you’re in the CCBA’s new office don’t forget to say hello. Finally, I’m thankful for the our slate of trustees and officers this year. We often say that our board is a “working board,” because each member must serve on at least one committee, but these guys are really taking the bull by the horns. Appreciate everyone serving with me this year and great thanks on your enthusiasm.

Attention All Available And Awesome Attorneys! Clark County Volunteer Lawyers Program (CCVLP) is looking for attorneys who would like to serve as conflict counsel on unlawful detainer eviction defense matters. In late April, Washington state signed into law Senate Bill 5160 and became the first state to implement a right to counsel (RTC) for indigent tenants in unlawful detainer proceedings. CCVLP has created an Eviction Defense office composed of three staff attorneys and a Housing Programs Managing Attorney who will be representing tenants in unlawful detainer actions. Right to Counsel services are funded by the Office of Civil Legal Aid (OCLA).

CCVLP has been allocated a sum of funds from OCLA to contract with private attorneys to provide tenant eviction defense legal services when CCVLP’s Eviction Defense office conflicts out of representation.

Indigent tenants facing eviction have a statutory right to an attorney, and CCVLP needs to find contract attorneys to provide conflict coverage for Clark, Skamania, and Klickitat Counties.

• Contracted rate, $135/hour, paid promptly upon completion of invoices • Initial per-case authorization of 5 hours/case • Training provided, with a $1,000 training stipend upon completion of

training and signed contract

• Access to statewide and local support for RTC work • Travel reimbursement: • rate of $0.56/mile for travel that exceeds 50 miles roundtrip • Additional $50/hour for travel that exceeds 100 miles roundtrip • Rate of $67.50/hr for representation-related travel exceeding 30 miles one way • Telephonic interpreting services available on demand for most languages

Please email Housing Programs Managing Attorney, Ben Moody, at ben@ccvlp.org or call 360-356-7872 Ext 202 with questions or to apply!

Jesse Jacobs, Christina Phelan & Whitney Hawke

THE A-MAZE-ING CORN MAZE! by Christina Phelan

After a series of pandemic related event cancelations, members of the CCBA were once again able to get outside and enjoy a social event. On October 21, despite the first massive rainstorm of the season, CCBA members and their families gathered at Bi-Zi farms for an outdoor corn maze extravaganza. Costumes were worn, candy was consumed, and most people made it out of the maze (although our esteemed leader, Jesse Jacobs, might still be trying to find the exit…). Thank you so much to our generous sponsors, The Petersen Law Firm and Vancouver Defenders! And as always, keep your eyes peeled for more CCBA events in the future.

10 Weber Scott

Nicole Dalton, Nicole Denver & Tanya Green

Nathan & Leaa Petersen

Courtney Mendoza

Lisa Darco & Comm Sasser

Katie Sinclair

FAMILY LAW SECTION UPDATE:

SEPTEMBER HAPPY HOUR By David C. Commisa

On September 22, 2021, the Clark County Bar Association Family Law Section hosted its first event of the year. The event was a happy hour in the back patio of Shanahan’s Pub and Grill. Appetizers were provided by the section with no costs to attendees. The appetizers included shanny fries, chicken strips, tater tots, and various other tasty snacks. There were over 20 people in attendance and the event took place well into the evening. The whole group took up nearly 5 tables occupying almost an entire section of the patio area. Alcoholic beverages were available at a reasonable bargain value happy hour cost.

Lawyer BFFs Bennett Brandenburg & Ben Melnick by Whitney Hawke

1. How did you two meet? Bennett: Ben and I met on the soccer field. Many years ago now, I was invited by a former high school soccer teammate to join an indoor team he was playing on. I didn’t know who was on the team at the time, but my friend assured me it was a good group of dudes. I knew of Ben generally since our Dads were buddies, so when Ben shuffled across the field at the indoor arena over to the players’ bench, I said, “Ben Melnick? I’m Bennett Brandenburg.” The rest is history. Ben: Our eyes met, and it felt like the room grew quiet, the lights dimming. My heart was beating, sweat was pouring. I was focused on that shock of long, flowing blonde hair. Our chemistry was undeniable. I passed the ball to him. He passed it to me. In other words, we played soccer together. 2. What makes you lawyer BFFs? Bennett: Ben and I have many common interests, but I think we both met our matches in the women we married. Both our wives are teachers and despite Ben and I believing we have pretty much figured out the answers to life, our wives are there to keep us in constant check. We also live near each other, so there have been several occasions that end with my wife contacting Ben’s wife to ask when Bennett is coming home. Ben: Narcissism. I think I’m just about as awesome as it gets, and since Bennett and I have basically been living parallel lives, it’s no wonder we’re in sync.

3. Favorite thing about your lawyer BFF? Bennett: Ben is as good a friend as you can find. Our conversation topics have changed over the years, especially now that I am joining the ranks of fatherhood. Regardless of what stage of live we’re in, however, Ben is always there for good conversation and perhaps a pint or two. Ben: Think about art. It’s there, it may be weird and inaccessible, and pretty much no two people will see it the same. Except when we move through the world, we do see it the same. If you don’t know what I mean, that’s on you. 4. Favorite memory with your lawyer BFF? Bennett: Freezing our asses off. For many years, we, with our wives, have enjoyed the tradition of watching It’s a Wonderful Life around Christmas. We used to go to Kiggins Theater for our annual event, but when COVID hit, we knew we had to keep the tradition going. Brilliantly, we decided to “bundle up” and have an outdoor viewing party in Ben’s backyard. Ben and his wife, Kelly, set up a tent for themselves while Crystal and I layered up with blankets to watch the timeless classic on their outside projector. The stage was perfectly set as the beautiful, crisp December air floated above us as we enjoyed the movie and a warm beverage. That’s the way I want to remember it, because the reality is that we started to freeze. It was so cold that Ben’s MacBook decided to call it quits and shut down all together. Crystal and I looked over and noticed a thick layer of frost on Ben and Kelly’s tent. Not enough bourbon, blankets, or Christmas cheer could have kept us outside any longer. We had to cut the movie short, but it will live on as a hilarious memory forever. We’ll invest in some space heaters and snow suits if we embark on such an adventure again. Ben: Our memories together are like my children, and this is Sophie’s Choice. There was the mid-winter, outdoor screening of It’s A Wonderful Life, which was great. Or the Zoom game night we did with Bjorn Hess, Brad Thayer, and all of our spouses. I’m not going to say I’m a bad influence on Bennett, but everyone agreed that if Bennett ever got arrested, I was probably behind the whole thing. They’re not wrong. But if I was arrested, everyone agreed Bjorn was probably behind it. Yes, I’m deflecting.

5. Favorite thing to do with your lawyer BFF? Bennett: Grabbing a beverage. If Ben and I hang out these days, it’s usually with the whole family together, so it’s less often that we get to shoot the breeze and complain about lawyerly things. Typically, though, we’d find an excuse to grab some “black sludge” (Ben’s preferred term) at one of our favorite coffee establishments, or something new on tap at a nearby pub. Despite our drifting off into griping about our Dads’ quirks, I see an inevitable future of us turning into the old guys at the coffee shop, talking about the good ol’ days with something like, “Did I ever tell you about this one case I had?” Ben: Whine about the injustice of the world, and laugh at our lack of energy or willpower to do anything about it. 6. Anything else you want to share about being lawyer BFFs? Bennett: Ben recently told me a story about a pest problem at his home. I can’t share all the details, but when the legal thing doesn’t work out anymore, and despite the obvious chagrin of our wives, Ben and I will be starting “Chutes & Tongs Pest Control.” We’ll need some employees, so please send us your applications post haste. Ben: If anyone thinks Bennett and I talk a lot, or that we’re obnoxious, or that there is more to life than being really, really, ridiculously good-looking, I’d say they were wrong on all counts. Life is great. And our “Okay, Boomer” elders— Barry and Rich—talk WAAAAAY more than we do, and they’re WAAAAY more obnoxious. But I’m sure they’d level the same charges at us. Apples and trees, I guess.

Save the Date! The Clark County Mock Trial tournament will be held February 15-17, 2022. The tournament will be virtual this year. If you are interested in volunteering, please email jill.sasser@clark.wa.gov

Year-End Checklist

by: Emanuela Sandri | Attorney Bookkeeping Services, Inc. ***For 2021, with supply chain disruptions and mail delays, order forms, such as 1099-NEC and 1099-MISC, and supplies, such as envelopes to mail 1099s, early.*** As year-end approaches, give bookkeeping records a thorough review so records are clean and ready for tax preparation. Here is a checklist: Reconcile bank statements • Checking account(s) • Saving account(s) • Credit card account(s) • Loan account(s) Balance Sheet review • Uncategorized asset(s) • Retirement account liability • Payroll tax liabilities • Equity balances Profit and Loss review • Income detail • Expense detail Review loose ends • Ensure all expenses have a payee • Clear suspense account(s) • Review uncleared transactions • Reconcile 941s with bookkeeping records • Calculate total business mileage (save for tax preparer) • Review personal banking records for business expenses • Review payees for 1099-NEC and 1099-MISC preparation 18

P R O F I L E

MARTY DIXON by Jennifer Mankowski Dixon

Marty Dixon is the Family Court Services Coordinator in Clark County.

this position, Marty investigates and makes recommendations for the Family Court regarding placement and visitation in family law matters.

Marty grew up and began his legal career in central Washington, in the Yakima Valley. Marty graduated from Central Washington University with a BA in History and earned his JD from Gonzaga Law School.

He started

practicing law in a civil litigation firm in the Tri Cities, before returning to Yakima as a Deputy Prosecuting Attorney. During his time in the prosecutor's office, he litigated criminal cases and was the supervising attorney in District Court.

After gaining litigation experience as a prosecutor, Marty started a law firm focusing on criminal defense, parents' representation in dependency cases, adoption and family law cases. He later became a Special Assistant Attorney General

representing the Department of Children,

Youth and Families in Kittitas County. Marty was also a Municipal Court Commissioner in the City of Yakima, where he presided over motions and trials.

Marty has adult children who live in the Seattle area and are pursuing their careers in IT and acting. Marty met his wife, Jennifer Mankowski Dixon, in juvenile court in Yakima County.

There they learned each

other's tricks for winning arguments. They were married at the Grant House on Officer's Row, in a ceremony presided over by Judge Collier. After relocating to Clark County in 2015, Marty represented clients in family law cases at Wheeler, Montgomery and Boyd.

Prior to accepting

the position as Family Court Services Coordinator, Marty worked for the Attorney General's Office Torts Division, where he defended state agencies in litigation.

Marty and Jennifer live in Vancouver and enjoy camping and hiking with their dog, visiting the kids in Seattle, fishing, traveling, and eating at new restaurants in Portland and Vancouver. Marty also enjoys chess, reading, and board games.

Law Library Briefs and Trial Court Documents in Westlaw You have free access to Westlaw through the Law Library homepage: (https:// clark.wa.gov/law-library) At the time of this writing, they are allowing up to 20 hours over a 14 day period per email address. Our subscription covers primary law from all states and federal, as well as many secondary sources and practice aids such as Washington Practice, Am Jur, sample pleadings, etc. You may also use Westlaw in the library for 30 minutes per day. Some of the best secrets in Westlaw are in the Briefs and Trial Court Documents databases. These are materials that can help you avoid reinventing the wheel, harness research that was effective, and see what others have done in similar situations. If you start with a case, you can look at the documents for that case by going to the Filings tab across the top of the document. (this only works for more recent cases)

So if you have a case on point, you can read the briefs, pleadings, or motions for that case. This is particularly helpful when those materials persuaded the judge to rule in favor of the party submitting the documents.

Briefs To search directly in briefs, from the main page, you can click on Briefs in the All Content tab, then enter your search terms in the search box or select a jurisdiction or topic before you run your search. You may also run a search first in the search box on the home page using either natural language or Terms and Connectors and then select Briefs in the left column to limit your results to just briefs.

Once you have a list of briefs, you may narrow your search using the filters in the left column, which include jurisdiction, type of case, or specific attorneys, firms, or parties. You may also use the Search within results option to further narrow your results. You must use Boolean Terms and Connectors for this feature. Trial Court Documents This database includes pleadings, motions, memoranda, interrogatories, and exhibits. These documents can help you draft your own. They can also help you think about possible causes of action, defenses, and strategy. You can select Trial Court Documents from the main page to search within that database. You can also run a search in the search box using either natural language or Terms and Connectors, and then select Trial Court Documents from the left column. Once you have a results list of these documents, you may use the filters in the left column to narrow your results. Options for filtering include law firm name or attorney name, so this is a method to find some work product by an opposing lawyer or firm. You may also use the Search within results feature to limit the results. Remember that you must use Boolean Terms and Connectors for this function. From within a document, use the tabs across the top of the screen to find additional primary law as covered in our article from March.

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Join us on Monday, November 8, from 12-1pm for what will sure to be a lively discussion with Acting Chief Judge Rebecca Glasgow and Judge Ann Cruser, both of Division II of the Washington Court of Appeals, on a “View from the Bench.” The conversation will cover their careers, what they have learned along the way, how we can support others interested in becoming judicial officers, and much more. We hope you can join us for what is sure to be a great conversation. Please feel free to email in advance if you have specific questions or issues you would like addressed. Here are some more details about this and future events: WHEN: Monday, November 8 from 12pm to 1pm WHERE: Remote attendance only. Please RSVP to receive the Zoom meeting information. The meeting link will be emailed out a few days prior to the event. CLE: WWL Clark/St Helens Chapter will be applying for CLE credit. Save the Date: The Chapter will also be hosting a CLE on December 6 from 12-1pm. Jeanne Marie Clavere from the Washington State Bar Association will be presenting on “Professional Responsibility and Lawyer Impairment.” She will be discussing lawyers’ responsibilities to their clients for maintaining competence and diligence in their legal representation. She will also discuss law firms’ responsibilities for recognizing, addressing and supporting their members who may be impaired in order to develop a foundation for an ethical practice. If you have any questions, please email Meghan Williams (our chapter president) at meghan.williams@wildwoodlaw.com.

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Clark County Bar Association CCBA BOARD OF TRUSTEES MEETING MINUTES October 5, 2021

Minutes for the CCBA Board of Trustees Meeting October 5, 2021; Meeting via Zoom Called to order 12:02p.m. Jacobs, Phelan, Larson, Melnick, Emrich, Aquadro, Wechselblatt, Hawke (Darco present) September 2021 board meeting minutes: motion to approve (Melnick/Phelan) Approved September 2021 Annual Meeting minutes: motion to approve (Jacobs/ Melnick) Approved Treasurer’s Report (Melnick): Reviewed financial reports for September. Since most of our revenue consists of membership dues, our revenue is very cyclical. Heavy revenue months then expenses exceed revenue. The CCBA is in a financial position similar to last year, within $2k. Ongoing Items Trustee Assignments Hearsay: (Jacobs) Jill Sasser keeps the committee on task. New members are always welcome. Social Committee: (Phelan) there will be a 10/21/21 pumpkin patch social event CLE Committee: (Emrich) plans are being finalized. There will be an ethics CLE in December and a CLE on practicing in neighboring counties is in the works. Membership: (Aquadro) the committee is making plans for the upcoming year Previous Action Items: Clark County Courts Processes Evaluation/ Survey of Membership (Emrich) Discussion about two issues facing members 1) the coming transition from Liberty to On Base and 2) seeking members input about what court processes work and do not work in Covid; this input would be provided to the Courts. May likely need a subcommittee. Insurance – Abuse Procedures Policy (Darco) Motion to ratify the board’s email vote on 9/7/21 to approve the policy, which was made by Spratt and seconded by Aquadro. (Melnick/Phelan) Ratified

Current Action Items: Check Signing authority: Remove Christie Emrich and add Christina Phelan to the account (Jacobs) President Jacobs and VP Phelan will take steps to make this change. Membership Update (Darco) Members: 279, Non-Renewed: 156, New Members: 18, Last Year:417 Reminder to get your dues paid and your section(s) dues if you haven’t yet. Volunteer Lawyers Program Resolution (Jacobs) Motion for the CCBA to support the mission of the VLP. Larson/Phelan Approved. President Jacobs will sign the resolution. November Meeting Treasurer Ben is unavailable to attend the November board meeting. All other board members, unless they are giving birth, are expected to attend. Adjourned 12:39 p.m.

Clark County Superior Court

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BENCH/BAR COMMITTEE MEETING MINUTES October 12, 2021

BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT October 12, 2021 Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Dan Lloyd (Dan.Lloyd@cityofvancouver.us) Matthew Kimball (Matthew.Kimball@ clark.wa.gov) Jessi Anderson (jessi@ccvlp.org) Sean Downs (sean@greccodowns. com) Anna Klein (Anna.Klein@clark.wa.gov) Le Ann Larson (LeAnn.Larson@clark. wa.gov) Commissioner Jill Sasser (Jill.Sasser@clark.wa.gov), and Judge John Fairgrieve (John.Fairgrieve@clark.wa.gov) If you have matters that you would like to bring to the attention of the Bench/Bar, you are welcome to contact the above-mentioned members of the committee.

I. OLD BUSINESS: No old business to report. II. NEW BUSINESS: a. Judge Fairgrieve: 2022 Mock Trial dates February 15 – 17, the state tournament is March 11- 13. It will be virtual again; too much uncertainty to do in-person and our software allows for us to successfully hold. Case will be released October 22, Judge Lewis is again author of the case and will be a Civil case. In regards to the Middle school trial program we have been talking to YMCA to see if they can hold it, talking to them to find out if there is interest. We are seeing if Team 10 in Snohomish County can host as we have hosted it most recently. Historically, it has run in January. This year the times are 2:30 and 5:30. Block out if interested and Comm Sasser and I are the point-people (me for the Bench), Comm Sasser is the contact for interested attorneys. b. Matthew Kimball: OA3 position was hired, starting Oct 18. c. Dan Lloyd: City and police officers guild came to an understanding on police camera policy; to be implemented early 2022. We were able to hire Taylor Hallvik on the 18th

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d. Commissioner Sasser: Inns of Courts will start back, $100 dues. 5 CLEs. Contacts Comm. Sasser, if interested. Hearsay committee has a few new board members, we need a diverse committee. We encourage attorneys to contribute to Hearsay - new ideas from people would be fantastic. Clark County Superior Court also needs more UGA attorneys! Family law section will be putting on training; contact Chelsie Elliot, of the Family Law Section e. Le Ann Larson: CCBA working on making sure everyone is up-todate for On Base (new software for the Clerk’s Office), training material should be coming in the upcoming weeks. i. Liberty will end at conclusion of 2021. On base will be new portal for docu-management system. As has been indicated, people are looking to the Clerk’s Office for guidance. Ultimately, a Clerk function, and we are waiting to see how transition/training will occur. f. Jessi Anderson: Eviction defense is now certified – meaning our attorneys can start taking appointments for UD for Clark and Skamania Counties. NWJP providing attorney for Klickitat County. We are needing conflict attorneys on contract. We are also starting a court navigator program, volunteers, to help with filing or other issues with Clerk’s Office. Walk them up to court admin, sit and attend hearings etc., still will be pro se, but volunteers will be taking notes and giving pointers; Providing non-legal assistance. Some law students and L&C, others have come to us independently.

Respectfully Submitted, Nicholas Alexander