SUPERIOR COURT BENCH/BAR COMMITTEEMEETING MINUTESSEPTEMBER 8, 2009The meeting began shortly after noon. Persons presentwere Judge Robert Lewis, Judge John Nichols, Kurt Rylander,Clay Spencer, Ann Christian, Jolene Sell, and Scott Jackson.OLD BUSINESS:1. Jury Pooling Procedure. Scott Jackson noted an e-mail fromJohn Fairgrieve regarding concerns from the Prosecutor’s Office <strong>as</strong>to the way jury pooling had significant effects on a couple of recentcriminal trials. Feedback had been received from attorneys in theProsecutor’s Office about problems with scheduling witnesses andbeing unable to plan the orderly presentation of their c<strong>as</strong>es <strong>as</strong> aresult of the pooling program. In response to these concerns,Judge Nichols said the program is still a work in progress. Henoted that Jeff Amram had responded to some of the criticism andbrought up the fact that the recent complaints primarily focusedon issues raised by the voir dire practice of an out-of-county judgeon a recent c<strong>as</strong>e, <strong>as</strong> well <strong>as</strong> the demands placed on the program bytwo sexual <strong>as</strong>sault c<strong>as</strong>es going forward at the same time (sinceexcused jurors from one trial may well not be appropriate jurors forthe other trial). Judge Lewis commented that all parties need bettercommunication. Another comment indicated that jurypooling, in most instances, will only be used if there are three ormore c<strong>as</strong>es going to trial on the same date. The jury poolingprocess is a result of budget reductions.NEW BUSINESS:1. The meaning of “known” <strong>as</strong> it is used in CrR 4.7(a)(1)(vi). ClaytonSpencer brought up this topic. He indicated that concerns <strong>as</strong>to the meaning of “known” in this context arose in a recent omnibushearing before Judge Nichols. He posited his opinion that the obligationon the prosecutor is to do an NCIC check on all of theirwitnesses and to provide the results to the defense. However, healso noted that he is simply requesting a sound, re<strong>as</strong>onable approachto the issue in the hopes that some compromise can be reached.C<strong>as</strong>e law and related matters were discussed. Ann Christian notedthat requiring a defense investigator to check on state witness criminalconvictions would be duplicative in some instances, thus addingunnecessary costs and that defense investigators do not have accessto the NCIC. It is anticipated that the Prosecuting Attorney’s Officewill respond to this issue at the next meeting.2. Hearsay. All attendees agreed that the new county bar publication,Hearsay, looks very good.3. Next Bench / <strong>Bar</strong> Committee Meeting: The committee will meetnext on Tuesday, October 13, 2009, in Judge Nichols’ jury room.Respectfully submitted,Scott Jackson2. Obligatory Omnibus Hearings on all Criminal C<strong>as</strong>es. AnnChristian raised this issue, noting that it appears that obligatoryomnibus hearings on all criminal c<strong>as</strong>es no longer seems to be thepractice. Scott Jackson noted that requesting omnibus is nowbeing left to the individual prosecutor on a c<strong>as</strong>e by c<strong>as</strong>e b<strong>as</strong>is.3. Protective Orders on Children’s Justice Center (CJC) C<strong>as</strong>es.Judge Lewis brought up this subject, indicating that his experienceso far to date h<strong>as</strong> been that the issue seems to be working out <strong>as</strong>both parties have been reaching agreement on protective ordersregarding CJC discovery concerns.18 CLARK COUNTY BAR ASSOCIATIONDISTRICT COURT BENCH/BAR COMMITTEE MEETINGThe District Court Bench / <strong>Bar</strong> Committee met on September 9,2009. The committee discussed a variety of new forms includingDeferred Prosecution forms. Formal minutes of the meeting areawaiting approval, and will be published next month.The next meeting is scheduled for November 11 at noon and willbe held in Judge Zimmerman’s Courtroom. The meetings areopen to all attorneys and judges.
We are creative about protectingintellectual propertySusan Arney, Executive DirectorSusan DeP<strong>as</strong>quale, Program CoordinatorAdministrative: 360-823-0423E-mail: susana@ccbavlp.comStatistics for August include 76 clients seen in advice clinics, 36 inFamily Law, 19 in Family Law paperwork review clinic, 9 in theDV clinic, and 12 in General Law. We placed 3 c<strong>as</strong>es with anattorney for direct representation.One of our volunteer attorneys <strong>as</strong>ked one evening “What do youneed for the program?” She wanted to donate materials to us.We came up with a long list. Some of the items included officesupplies such <strong>as</strong> pens, paper clips, binder clips, file folders, yellowpads and copy paper. Other items we can use include magazinesubscriptions for our clients, toys and coloring books and crayonsfor the kids, a large picture for our wall, a computer, a printer andbooks for our law library. For more ide<strong>as</strong> contact Dru Horenstein<strong>as</strong> she is the one who came up with the list. Anything youcan donate is greatly appreciated <strong>as</strong> we are seeing incre<strong>as</strong>ed clientneeds and decre<strong>as</strong>ed funding.PatentsTrademarksCopyrights406 West 12th StreetVancouver, WA(360) 750-9931www.rylanderlaw.comTrade SecretsUnfair CompetitionLitigationLicensingCounselingDue DiligenceRYLANDER& ASSOCIATES PCTrial & Patent AttorneysThanks to Dru for the coloring books, crayons and toys she gaveus. Also, thanks to Tom Withers, one of our interpreters, whogave us an office chair for our office where we meet clients. Ourgoal is to weather this economic downturn without affectingclient services. Your help is always appreciated.Thanks, SusanPAUL L. HENDERSON360.699.1530Phender745@gmail.comMANY THANKS TO ALL THE ATTORNEYS ANDPARALEGALS WHO STAFFED THE ADVICE CLINICS,HOMELESS CLINICS, PROVIDED REPRESENTATION,AND VOLUNTEERED IN THE HOMELESS COURT INTHE MONTH OF AUGUST:April Brinkman, Marisha Childs, Suzan <strong>Clark</strong>, Tessa Cohen, DavidFeeney, Peter Fels, Martha Finn, Philip Foster, Leylan Greb, LincolnHarvey, Larry Holzman, Dru Horenstein, Evan Hull, Shelly Krebs,Michael Langsdorf, Brian Leahy, Janna Lovejoy, Howard Marshack,Stewart Martin, Alison Milne, Kristen Parcher, Brian Parker, MeganPeyton, Millie Roberge, Kirsten Samwell, Jill S<strong>as</strong>ser, Kate Shaw,Eulalia Soto-Esquivel, Diane Sweet, Ryan Taroski, Diana Tehrani,Todd Trierweiler, Anna Waendelin, Jean Waller, Gerry Wear andparalegals Kathy Folkers and Lisa Peterson.MEDICAL NEGLIGENCEPERSONAL INJURY • WRONGFUL DEATHRepresentative Jury Verdicts and Settlements:Failure to diagnose brain tumor — $4.5 millionObstetrics malpractice — $3.5 millionObstetrics malpractice — $1.6 millionTrampoline accident — $1 millionElectrocution at work -- $900,000Motorcycle collision -- $500,000Rear end MVC. Soft tissue injury -- $230,000Available for referral or <strong>as</strong>sociationon serious injury, wrongful death andmedical negligence c<strong>as</strong>es.HEARSAY - OCTOBER 2009 19