[WSBAPT] Fw: Update from Paul Swegle, WSBA Governor, Dist 7N - structure committee/malpractice/elections/March 7 BOG mtg/Bar Act repeal

[jacyphers at gmail.com]

Latest update 

    
  
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908   
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com
 
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-------Original Message-------
 
From: Paul S
Date: 3/3/2019 3:25:55 PM
To: undisclosed-recipients:,
Subject: Update from Paul Swegle, WSBA Governor, Dist 7N - structure
committee/malpractice/elections/March 7 BOG mtg/Bar Act repeal
 
Hello Fellow Members of the WSBA!


The views expressed below are solely my own. Feel free to share this email
with other WSBA Members. If you received it indirectly and want on my list,
email me at pswegle at gmail.com.



Chief Justice Mary Fairhurst  



As I am sure you all know, our beloved Chief Justice, Mary Fairhurst, is
fighting a serious illness. Please send her love, prayers and positive
thoughts. Keep up the fight Chief!


The BOG Meets in Olympia Next Week - March 7


March 7, 2019, at RL Hotel Olympia
Public Session scheduled to start at 10:30 a.m. 
Optional Public Session call in: 866-577-9294, access code 52810#
Link to the full Agenda
Link to Public Session Materials
Big issues for Members - action on mandatory malpractice and discussion of
Bar Act repeal legislation. 


Still Fighting for the Members



Despite internal turbulence and epic external challenges (see below), things
at the WSBA are going in a very positive direction. I am extremely pleased
to have so many dedicated colleagues on the Board of Governors. A strong
majority is still pushing hard for better governance, leadership and
transparency. Member interests are a priority again for the first time in
many years! 


It's been rough getting here. Several of us have been put through the ringer
 including never-ending formal investigations spawned by meritless
allegations from those opposed to WSBA reforms. We've stayed the course,
though, and we will continue to do so. As a valiant knight once said, it's
just a flesh wound.... 


BOG Elections


BOG elections are in two weeks! Voting for District 9 and 10 seats runs from
March 15 - April 1. 


VOTE and spread the word!!!  


For District 9 I like Bryn Peterson.  


"I have my own law firm, Peterson Law, PLLC. Prior to establishing my firm,
I worked as an in-house attorney. I am married and have an eight year old
daughter and a seven year old son. Campaign platform: A WSBA that is
member-centric; Control spending in order to prevent license fee increases;
Better communication and transparency between the WSBA and its members. If
elected, I would educate myself regarding the key issues and keep an open
mind as to what is best for the Members, the WSBA and the public."
Contact Information: 206-498-3354 and bryn.peterson at brynpetersonlaw.com.


For District 10 I like Vicki Parker.   


"A solo practitioner for 42 years. I participated on the Ethics Opinions
Task Force, Ethics Deskbook Editorial Board, Home Foreclosure Legal Aid
Project, and worked as a Disciplinary Hearing Officer, Special District
Counsel, arbitrator, negotiator, mediator, and guardian. A past member of
the WSBA Committees on Professionalism, Court Rules, Procedures, Judicial
Recommendation, and Rules of Professional Conduct, and currently on the ABA
Judicial Ethics Committee, my involvement demonstrates a strong commitment
to the ethical practice of law. I would be honored to represent you and our
profession."


Structure Committee


Below is the composition of the Supreme Court Workgroup on WSBA Structure (
Structure Committee"), created to consider whether the Janus and Fleck cases
require splitting up the WSBA into mandatory and voluntary functions, i.e.,
licensing and discipline versus a professional association.


The BOG elected me, Dan Clark and Kyle Sciuchetti as the BOG's reps and the
Court appointed the other members. 
Chief Justice Mary Fairhurst - Supreme Court Representative
Dan D. Clark, Yakima County Prosecuting Attorney’s Office, Governor,
District 4
Kyle D. Sciuchetti, Miller Nash Graham & Dunn, Governor, District 3
Paul A. Swegle, General Counsel, Newyu, Inc., Governor, District 7-North
Mark Johnson, Johnson Flora Sprangers PLLC, WSBA Large Section
Representative
Eileen Farley, WSBA Medium Section Representative
Hunter M. Abell, Williams Kastner & Gibbs PLLC, WSBA Small Section
Representative
Judge Dominique Jinhong, Board of Industrial Insurance Appeals, Practice of
Law Board
Judge Frederick P. Corbit, United States Bankruptcy Court, Access to Justice
Board
Andrea Jarmon, Law Offices of Andrea S. Jarmon, Limited Legal License
Technician Board
Esperanza Borboa, Program Director - Eastside Legal Assistance Program ,
Public Member
Jane M. Smith, Confederated Tribe of The Colville Reservation, Tribal Member
Dory L. Nicpon, Associate Dir. Legislative Relations Administrative Office
of the Courts, WA State Supreme Court, Staff Support
Meetings will be held at: Washington State Bar Association, 1325 Fourth
Avenue, #600, Seattle, WA 98101


Nobody yet knows what direction the Structure Committee will go, but I am
personally still very interested in exploring all alternatives for remaining
a unified bar. I believe it can be done constitutionally, but it would
require taking no positions that could be viewed as political. The biggest
practical issue there is probably the important legislative roles Sections
often need to play. 


If we can't save the WSBA, we need to ensure that the professional
association side of the organization doesn't get the short end of the stick.
That would necessarily require substantially cutting costs and shifting some
costs to the Court that have been unfairly borne by the Members instead of
the taxpayers, including certain Court-created boards and commissions. 


Fellow Members, pay attention to our work on the Structure Committee. I and
other governors will provide regular updates. 


Legislation to Repeal State Bar Act



The discussion of several bills making progress in the WA legislature that
would repeal the Bar Act are extremely troubling to many members of the
Board of Governors. Similar bills have come up regularly in the past, but HB
1788 is apparently sailing through with no opposition and apparently,
according to hearsay, with the support of the Washington State
Administrative Office of the Courts. 


HB 1788 sets a deadline for transferring regulatory functions and funds to
the Supreme Court (1/1/2020) and asks the Court to adopt the necessary rules
for the transfer.  It also specifically authorizes voluntary and
non-mandatory bar associations. Among other hugely concerning aspects of
this legislation, it provides for transferring all financial balances of the
WSBA to the Washington State Supreme Court. This would necessarily include
ALL SECTION RESERVES..... 


For reasons that are unclear to me, the WSBA legislative team has taken no
steps to oppose any of these bills. Some of us are concerned that WSBA staff
may even be supportive of the effort to repeal the Bar Act. 


In a BOG call on Friday, Governor Chris Meserve (Dist. 10) suggested it
might just be fine to let the Bar Act go, since the WSBA can just continue
to exist as a creature of WA Court Rules. Do not fall for this nonsense,
Members. The WSBA traces its noble roots to 1888, and has been founded on a
statutory charter since 1933, as all corporations and other legal entities
used to be before modern entity formation statutes were enacted. The Bar Act
is the Bar's Charter - don't be fooled by those who say, "just trust the
Court....." 


More concerning yet, the sponsor of the Bill, Rep. Drew Stokesbary,
testified about HB 1788 and said that it has the support of Chief Justice
Fairhurst. To hear that testimony, go to this LINK and watch the video. It's
only about 15 minutes long and quite worth watching, so please do. 


Here's a quote from Rep. Drew Stokesbary's testimony (see Video at 13:42):


"I was supposed to meet with the Bar Association and, uh..., they didn't
show up to my office yesterday. And, ah.. I've met with the uh... Chief
Justice of the Supreme Court, and I don't want to put, put words in her
mouth, but uh, she indicated that she was supportive of the idea, um, and it
 and it was a priority for her, so..."


The BOG meets with the Supreme Court this Friday, March 8. Many of us are
very interested to find out whether and why the WA Administrative Office of
the Courts would be supporting HB 1788 and whether or not Chief Justice
Fairhurst or other justices have been supporting the legislation and, if so,
why. On Friday, the BOG asked President Pickett to send a letter to the
Court expressing our significant interest in these issues for Friday's
meeting. 


Please use THIS LINK to immediately write your WA State Senator and
Representatives to express your opposition to the HB 1788!


Here's what our excellent incoming WSBA President Rajeev Majumdar wrote
today to his WA Senator and Representatives: 


“Dear Legislator,  Thank you for representing me.  I am not only your
constituent, but also a practicing lawyer, active in the Whatcom Bar, and I
happen to be President-elect of the WSBA, though I am writing my opposition
to this bill in only my individual capacity.  I predict the WSBA itself will
take a position soon, as its Board only just learned of this bill- and their
input is vital before there is any further movement.  I urge you to oppose
this bill: it is neither thought out, nor is it good for the citizens of
Washington and democracy.  The Legislature crafted the original Bar Act, not
only with deference to the courts in plenary matters, but also wisely
reserved rights for the affected citizens in matters of governance and
matters that have nothing to do with the court's plenary powers.  The WSBA
has served Washington well since 1888 (state charter since 1933) and serves
the People in ways the Courts cannot.  This is a solution looking for a
problem."


Mandatory Malpractice


The Board will be voting on the mandatory malpractice proposal on March 7.
Board members have been reviewing huge amounts of information and feedback
regarding mandatory malpractice and sentiment among BOG members seems to be
very negative toward the proposals. BOG members are particularly concerned
about potentially serious adverse impacts on access to justice.


Summary


I will provide another update quickly after the March 7 BOG meeting. For now
 Members, please focus your attention on:
Attending the BOG meetings in Olympia and voicing your concerns and
hopefully expressing support for the BOG. 
Spreading the word on the upcoming BOG elections for Districts 9 and 10 and
supporting Bryn Peterson and Vicki Parker. 
Opposing HB 1788 via the above link. 
Spreading the word to oppose HB 1788 and any other legislation to repeal the
Bar Act. 
Thanks all. Let me know if you have any questions or comments. 


Paul Swegle
Governor, Dist 7N
Immediate Past Chair, Corporate Counsel Section
Washington State Bar Association
__________________________

Paul Swegle
General Counsel
(206) 300-7165

Startup GC Blog

Contract Drafting & Bear Spray - FieldGuide Podcast

Contract Drafting and Negotiation 
"...Swegle provides a clear methodology 

to understand and analyze business contracts 
in this exceptionally useful book...."  - Kirkus Reviews


         



 
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