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HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

December 2025 202

December 2019

Welcome, Commissioner Lopez!

Happy Holidays from CCBA!

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JESSE JACOBS OTLA Guardian / WSAJ Eagle Past President, Clark County Washington Bar Association

DON JACOBS Past Trial Lawyer of the Year, Clark County, WA Past President, Oregon Trial Lawyers Association

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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.

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December Hearsay Contributors Courtney Mendoza Petersen Rothermel Law Firm

Courtney Mendoza represents clients in matters involving family law and criminal defense. Prior to working for Petersen Rothermel Law Firm, Courtney worked as a Clark County Criminal Prosecutor.

Amanda Hartman Beaty Hatch

Amanda joined the Beaty Hatch team in February 2025 as a family law attorney. She focuses her practice on dissolutions, modifications and prenuptial agreements.

Brad Andersen Brad Andersen Law

Brad Andersen is a trial attorney and litigator representing a broad range of clients in a wide variety of litigation and trial disputes.

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A Real Good Time at the Kiggins! page 9

Congrats Judge Karmy! page 11

Listening, Leading and Leaving a Legacy page 18

Portugal Bound: Part 3 page 20

A Reel Good Time at the Kiggins! On December 9, the CCBA kicked off the holiday season in classic style with a movie party at the historic Kiggins Theatre. Members and their families gathered for an evening of laughs, nostalgia, and community to enjoy the holiday favorite National Lampoon’s Christmas Vacation. From the moment guests arrived, the holiday spirit was in full swing. Santa and Mrs. Claus were on hand to welcome everyone, pose for photos, and collect Christmas wish lists from excited little ones. Every child went home with a goodie bag packed with trinkets, treasures, and candy canes - because the holidays are clearly the perfect time to add a little more sugar! Of course, no movie night is complete without popcorn and the popcorn at the Kiggins is nothing short of spectacular. A big thank-you goes to our Popcorn Sponsors: The Brandenburg Law Firm, Jean McCoy, and the Law Office of Adin Johnson, whose generosity helped make the night extra delicious. A special thank-you to our Marquee Sponsor, NW Injury Law Center, who took top billing on the iconic Kiggins marquee - no tangled lights required. Events like this are a reminder of how special our CCBA community is bringing members together not just as colleagues, but as families. Thank you to everyone who joined us and helped make our holiday movie party a night to remember.

Congrats Judge Karmy! B Y

C O U R T N E Y

M E N D O Z A

( S H E / H E R )

On October 28th, family, friends, colleagues, and community members gathered in support of Cowlitz County’s newly appointed Superior Court Judge, Jill Karmy, to celebrate her investiture. Dozens of Judges and Commissioners from several courts, including our Clark County Superior Court and District Court, pristinely lined the jury box and well-area, seated as a united front, and empowered Judge Karmy as she stepped into her next role. Folks packed the courtroom, both in person and virtually, with some even spilling into the hallways, to elevate and honor such a dedicated public servant. The evening was truly remarkable, just like Judge Karmy. Judge Karmy begins presiding in her new capacity this month, as she takes over for retired Judge Marilyn Haan. Several presenters spoke about Judge Karmy, including Judge Haan, Judge Hayes, and Judge Karmy’s children. Belly laughs, ear-to-ear smiles, and compassionate tears filled the courtroom, as each speaker echoed Judge Karmy’s incredible success thus far, as an advocate, Commissioner, Prosecutor, business owner, mentor, mother, friend, and more. Watching her children present her with her judicial robe was truly the icing on the cake. Judge Karmy addressed the audience with passion, determination, insight, and a partial stand-up comedy act that left everyone in great spirits! Cowlitz County Superior Court and the people of Cowlitz County are in

10 great hands with Judge Karmy!

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Theresa Springer, CDLP® : 360.798.4161 l Dale Carstensen, CDRE : 541.659.1370 2ndsaturdayclarkcounty@gmail.com

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TheTrialWhisperer A series of articles by Brad Andersen

Part 2 – The Finish Line Strategy: Crafting Your Case from Verdict to Trial How to Build a Case Backward from the Finish Line When a new case walks through the door, it is tempting to start at the beginning—with intake notes, facts, and client interviews. But the truth is that the first step in evaluating any case is to start at the end. Picture yourself standing before the jury or judge in closing argument. What are you saying? How are you asking them to find for your client? What words will they see on the verdict form? And what jury instructions will guide their deliberations? Trey Gowdy reminds us that “chance favors the prepared mind.” Nowhere is that more true than in case evaluation. Before deciding to take a case – or at least be willing to take a case to trial, you must know what the final jury instructions are going to look like. That requires thorough research of legal theories, causes of action, defenses, and—most importantly—what the judge or jury must actually decide. Without that, you cannot develop your winning theme or strategies or fairly assess the chances of winning. Robert Burns, in A Theory of the Trial, calls trial “a public enactment of a moral drama.” But you can’t stage a drama without knowing its final act. Charles Rose, who writes and teaches extensively on trial storytelling, reminds us that narrative is only satisfying when it ends with resolution. And Robert Klein, a master of jury persuasion, often advises that if you cannot see how you will explain the verdict in closing, you should think twice about taking the case at all. 14

If you cannot see how you will explain the verdict in closing, you should think twice about taking the case at all.

Step One: Picture the Closing Argument Before you take the case, pause and imagine what you want to say in your last five minutes with the jury. Don’t worry yet about polish or detail—that comes later. What matters at the outset is whether you can see an ending that makes sense, fits the law, and feels just – and one that you can get behind. If you can’t picture that, it may be a sign to think twice about proceeding. Step Two: Study the Jury Instructions Jury instructions are the law’s distillation. They are the script jurors must follow in the deliberation room. Francis Wellman warned in The Art of CrossExamination against asking a

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question without knowing the answer; the same is true of case selection: never take a case unless you know what the jury will be told at the end.” That means reading pattern instructions early, researching the law in cases without pattern instructions and consider alternative theories if one path appears blocked. In federal court, the Ninth Circuit’s model instructions are available at the click of a button. In Washington and Oregon state courts, the pattern instructions are equally essential. Know them before you commit yourself.

Step Three: Research the Legal Theories Too many lawyers fall in love with facts without first testing whether the law can carry them. Before you invest in discovery, experts, and years of work, research the legal theories thoroughly.

Does the cause of action exist under your state’s law? Is there precedent cutting against you? Are damages capped or constrained? What defenses will be automatic, and how strong are they?

HEADER (CHANGE ONoften MASTERsaid B) Robert Klein has that the strongest case is one where the law, the facts, and the equities all line up. If one leg of the stool is missing, the case may topple no matter how passionate your advocacy.

Step Four: See the Verdict Form Before you take the case, ask yourself: what does the verdict form look like? In civil cases, will the jury be asked for liability, damages, or both? In criminal cases, is the burden of proof as clear as your client believes? Charles Rose teaches that the verdict form is not just a legal tool—it is the final scene in your story. The jurors must be able to check the boxes in a way that feels morally and narratively satisfying. If your theory doesn’t line up with the verdict form, you are setting yourself up for a fractured, incoherent trial. Step Five: Weigh the Chances Honestly Starting at the finish line forces you to be honest. Sometimes you’ll realize early that the jury instructions will be insurmountable, the verdict form unhelpful, or the law too thin. Better to know that now than three years down the road.

Great trial lawyers don’t wander into the courtroom hoping to figure it out as they go.

This isn’t pessimism; it’s preparation. It’s about stacking the odds in your client’s favor by doing the hard work of evaluation up front. Conclusion: Seeing the End Before the Beginning Great trial lawyers don’t wander into the courtroom hoping to “figure it out as they go.” They start at the finish line. They see the closing argument, the jury instructions, and the verdict form before they ever file the complaint or answer. That foresight shapes every step that follows—from discovery, to witnesses, to trial themes. Experience has taught me, sometimes the hard way, that cases are won or lost long before the trial begins. By starting at the end, you give yourself the only real chance to shape a story, a theory, and a verdict that can withstand the scrutiny of judge and jury alike. Next time in this series, we’ll turn to purpose-driven litigation and discovery - how to plan early, plan often, and keep discovery tethered to your ultimate trial story. Brad Andersen has been a trial attorney in Southwest Washington for more than thirty years and has16learned the hard way how to take a case from start to finish. For questions or advice you can reach Brad at (360) 638-3007 or brad@bradandersenlaw.com

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Listening, Leading, and Leaving a Legacy By Amanda Hartman Judge Kelli Osler will be retiring at the close of 2025, and as she prepares to close one remarkable chapter and begin another, she does so with the same grounded perspective that has guided her throughout her decades in public service. A lifelong Washington resident, Judge Osler attended the University of Washington for her undergraduate degree, and obtained her law degree from the University of Puget Sound. Judge Osler began her career as a Deputy Prosecuting Attorney in 1992, handling an extraordinary range of cases — from child abuse to domestic violence to major crimes. “It was emotionally draining work,” she recalled, but that background, she believes, became invaluable when she later stepped onto the bench. Reflecting on that transition, she noted that as a prosecutor you don’t always see the full picture, but as a judge, you have to step back, listen, and make decisions that affect livelihoods and sometimes liberty while always within the law.

She took the bench in 2005, when she became a District Court Commissioner, and five years later, she made history as the first woman appointed to the District Court bench in Clark County. Since then, she’s seen more women join the judiciary — something she says has been “nice to see,” both for the profession and for the next generation of attorneys. She also loves the legal community we have and collegiality she sees among attorneys. When asked what advice she would offer to younger attorneys or those aspiring to the bench, Judge Osler had the following words of wisdom: Believe in yourself and go for it. Get your name out there. Sit pro tem, it gives you exposure and tests you. She also encourages newer lawyers to communicate with one another outside the courtroom to keep their cases moving and to maintain the professionalism the legal community depends on. Looking ahead, Judge Osler says she is thoughtful about the transition into retirement and what this next chapter may bring. “I couldn’t ask for a better career,” she reflected. She hopes to spend more time outdoors — hiking, golfing, and traveling with friends and family — with trips to Denmark, Norway, Sweden, and Belize already in the works. She also wants to learn Spanish and is looking forward to becoming more involved in community activities as her schedule opens up. With her retirement, Judge Osler brings to a close many years of valued service to the Clark County legal community. Her presence on the bench will be missed, and we wish her all the best as she begins the next chapter of her life!

Judge Kelli Osler with the women of the Clark County judiciary, photographed in May 2022 - reflecting the growth of female leadership on the bench during her tenure.

PORTUGAL BOUND, PART 3: SINTRA AND COIMBRA By Amanda Hartman

We rented a car for the rest of our trip – and unfortunately experienced one oft-repeated downside of Portugal. The bureaucracy. Our rental was scheduled to be picked up at 10:30 a.m. but it took until early afternoon to obtain (we had to wait more than three hours as ‘next in line’ despite the defined pickup time during which the counter only called priority customers). While this delay was relatively minor all things said and done, it does speak to the larger concerns regarding Portugal’s bureaucratic processes. At the time, it was just an inconvenience, but looking back now, it feels almost indicative of what’s unfolding nationally. Portugal’s major immigration reform is currently pending additional constitutional review, creating uncertainty for many people navigating the visa process. It’s a reminder that while the country offers incredible beauty and quality of life, its administrative and government systems can move at a pace all their own. Once we finally had keys in hand, the rest of our drive was much simpler. Lucky for me, Portugal charges extra for drivers under 30 so my husband did all the driving. Getting out of Lisboa was not too bad, but we avoided most 20

of the heavy traffic areas since we started on the edge of the city. Our next stop was a bit more touristy at Sintra. While we weren’t considering the possibility of moving to Sintra, it was a good stop on our way to the next major option with some beautiful areas to tour. I highly recommend visiting if you ever find yourself in Portugal. Of the many options, we chose Quinta da Regaleira, which is an estate full of interesting features and different architectural styles. Visitors can climb 88 feet down the Initiation Well to navigate tunnels leading back out to the grounds, wander the park to discover various grottoes and towers, and enjoy the palace. Our Sintra explorations resulted in even more holes in my socks I was starting to get worried because I did not bring enough socks to ruin a pair every day! After spending the day walking around the Quinta’s grounds we didn’t want to figure out dinner so we ordered food using Bolt. The delivery fees and overall costs were extremely low compared to food delivery costs in the U.S. making it an extremely convenient option. We only spent a day in Sintra, next stop was a city on our short list of potential cities to eventually call home – Coimbra!

QUINTA DA REGALEIRA WELL

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We toured the Palácio Nacional de Mafra on our way North towards Coimbra. The Palácio is a huge building with an attached monastery and a major library with around 30,000 rare books. Apparently the royal family did not end up living in the palace because it was “too gloomy.” We managed to get in before the crowds, and it is well worth the visit! Many of the signs and labels inside had English translations – though some were only available in Portuguese. There was also a small shop nearby that had the best strawberries!

PALÁCIO NACIONAL DE MAFRA

Coimbra itself is a university city, and the fourth largest in the country. While it does not have an international airport, it was on the list of potential cities to live in because of its relative size, distance from an airport, and general university type culture. So far as I’m concerned, it no longer is. As the person who was not actually doing the driving, Coimbra was without a doubt the most stressful driving experience in the country. Major shout-out to my husband who had to navigate all the crazy traffic, construction, and limited parking. I am very glad I was not behind the wheel. We ended up parking the car and using Bolt for all of our city drives. For example, I decided to get a Portuguese translation of my favorite book (O Caminho Dos Reis) at the mall to help practice my Portuguese and we did not want to try and navigate driving and parking at the mall. Each trip cost €3.50 – the book on the other hand was about €35 – and there wasn’t an expectation (or even option) to tip through the app. The fee listed is what you paid. Admittedly, we did not try the public transit system in Coimbra, though buses were everywhere so I’m sure there are many options. If you are willing to navigate the city, either by car, bus, or walking (did I mention the hills?) then you are in for an architectural treat. The view from our hotel window alone was a gorgeous church on a walking square. Coimbra cost of living is similar to the slightly larger Braga, which is closer to an international airport and a large city (Porto). Given the difficulty in navigating the city, the relatively high cost of living, and the distance from the airport compared to a similarly priced city Coimbra is low on my list. While I don’t plan on living in Coimbra, it’s worth the visit. Conimbriga Ruins are about 20 minutes outside the city – where you can walk around the ruins of one of the largest Roman settlements excavated in Portugal. We also had some delicious authentic food on our way at a lovely restaurant where the owner was very happy to talk to us in slow Portuguese so we could practice. I had amazing octopus – and completely forgot to take a picture of it. Though, I remembered to take a picture of a cat that came in to help itself to a little cat bed the owner had left out for her.

Coimbra

Coimbra hotel view

Conimbriga Ruins

The cute cat

An emerging theme in these articles has been the constitutional challenge to Portugal’s recently proposed immigration law reforms. On December 15, 2025, the court announced that it had struck down four of the challenged provisions based on concerns related to equality, proportionality, and legal certainty (although the full written decision has not yet been published). The unconstitutional provisions included: the suspension of pending applications; an automatic bar to citizenship for individuals with a criminal sentence of two years or more; vague criteria allowing authorities to revoke nationality in cases of alleged f raud; and the loss of nationality as a criminal penalty for certain serious offenses. The court did not strike down provisions requiring children born in Portugal to remain in the country for f ive years to obtain citizenship, nor the extension of the residency waiting period to apply for citizenship f rom f ive to ten years. It remains unclear whether the ten-year period would begin upon issuance of the f irst residence permit or f rom the application date for that permit. Anyone planning to pursue Portuguese citizenship in the future should expect much longer residency requirements as a result. As a result of the unconstitutional provisions, the President is now required to veto the bill; however, Parliament may override the veto by reconf irming the legislation with a two-thirds majority. It remains to be seen whether Parliament will attempt to do so or instead revise the unconstitutional provisions. The previous law stands… at least for now.

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Clark County Bar Association

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CLARK COUNTY BAR ASSOCIATION BOARD MEETING

November 4, 2025

Minutes for CCBA Board of Trustees Meeting November 4, 2025 1. Called to Order: Petersen, Sherman, Mendoza, Wechselblatt, Rapp, Executive Director Darco. 2. October 7, 2025 board meeting minutes: (Rapp/Petersen), Approved. 3. Treasurer Report: Executive Director Darco reported credit card surcharges of 3% have been built into CCBA website for all online payments. 4. To Discuss: a. Membership Update: 127 members have not renewed from last year. Trustees to connect with members to encourage renewals and research reasons for any nonrenewal in order to better understand and serve our community. b. Motion to Approve Mission Statement (Petersen/Mendoza), Approved c. Rank choice voting for bar poll: Test run successful. Darco to test bar poll survey computer program on a large group to make sure no issues/concerns to be addressed prior to implementation. d. Mock Trial: Commissioner Phelan, Whitney Hawke and Tammy Coffler to manage with Judge Fairgrieve. This is not a CCBA committee. CCBA will continue to support Mock Trial by supplying food for judges and publicizing event. e. CCBA Connects: Petersen will be working on starting an Emeritus Group. 5. Upcoming Events: a. Holiday Party December 9th Kiggins 6pm to 10pm – Christmas Vacation b. Barrister’s Ball – March 7th, 2026.