Letters to the Editor

Blaney Update
There have been further developments in the matters discussed in my recently-published article (Strange Bedfellows: The New Washington Attorney Lien Statute and the Blaney Cases, Bar News December 2004). The U.S. Supreme Court consolidated Banaitis v. Commissioner, 340 F.3d 1074 (9th Cir. 2003) with Banks v. Commissioner, 345 F. 3d 373 (6th Cir. 2003) and granted the government's petition for writ of certiorari. The case has been argued and an opinion is expected in this term. In addition, Section 703 of the American Jobs Creation Act of 2004, recently passed and, signed by President Bush, eliminated the income tax on attorney fees incurred by successful discrimination plaintiffs.

Deborah D. Brookings, Seattle

EDITOR'S NOTE: Sometimes some months can pass between submission of articles and publication. A number of readers contacted the author and/or Bar News about "omissions" from the article, when in fact the events cited occurred after the issue of Bar News was in production. We appreciate Ms. Brookings updating the article.

Winds of Change
In reading the Bar News for the first time (October 2004), I was quite impressed by Gene Oliver's Letter to the Editor entitled "Is what we are more important that who we are?" It concerned the "Around the State" section of the August 2004 Bar News where it was noted "On June 15 the Senate voted 98-0 to confirm U.S. Magistrate Judge Ricardo S. Martinez, 52, as the state's first Hispanic federal judge." In his Letter to the Editor, Mr. Oliver took exception to the mention of "Hispanic" as being relevant; and I said, "Right on! What do the facts of Judge Martinez' heritage have to do with anything?"

Later I went to the site index of the WSBA website to search on an unrelated matter, and there I noticed a link to the "Washington State Hispanic Bar Association." I clicked on that link to learn that the WSHBA was created "to represent the concerns and goals of Hispanic attorneys and Hispanic people of the State of Washington." "Of importance is the need to promote Hispanic judicial appointments . . . ." If being Hispanic justifies a separate bar association, then surely mentioning that Judge Martinez is Hispanic doesn't deserve a verbal handslap from Mr. Oliver. Or do we take the thought process one step further and ask, "Do we really need separate bar associations based upon ethnicity?"

Inez Petersen, Renton

Change and Decay
I am sorry to hear about Evan Loeffler's recent passing ("My death and why I still have to work so hard," Bar News November 2004). Not because I know him, as I don't believe I do, but because it's never easy to lose a loved one. That must be especially true when that loved one is oneself. It appears he has handled his own passing well, as he has apparently returned to full health (life).

I do think Mr. Loeffler missed out on a golden opportunity, however. My review of the state licensing regulations for attorneys shows no authority that I can find for WBSA to collect dues from an attorney who has passed away. And while it is certainly illegal to practice law without a license, I cannot see any prohibition against practicing law while deceased. Hence, if Mr. Loeffler had said nothing, it appears he could have enjoyed a career of practicing law from the great beyond, free of any dues payments.

It's just too bad he wasn't around to realize this.

Tom Pacher, Oak Harbor