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November 2009FYIWashington State Access to Justice Board The Washington State Access to Justice Board (ATJ Board) announces one vacancy for a term beginning May 2010. This position may be filled by either a lawyer or a non-lawyer. Details about the position and the work of the ATJ Board can be found online at www.wsba.org/atj. The Washington State Supreme Court established the Access to Justice Board in 1994 to assure equal access to the civil justice system for those facing economic and other significant barriers. The ATJ Board works to achieve this mission through the oversight of its State Plan for Delivery of Civil Legal Aid; coordinating and implementing statewide initiatives for improving access for unrepresented and underrepresented populations in Washington state; and building leadership, funding, and other support for equal access to the civil justice system. The ATJ Board consists of nine members, including up to two lay members, selected on the basis of a demonstrated commitment to, and familiarity with, access to justice issues. Board members may serve up to two three-year terms. The ATJ Board has approximately nine full-day meetings throughout the year in Seattle. Additionally, the Board has an annual retreat and meets at its annual Access to Justice Conference. Travel expenses are reimbursed. Responsibilities of ATJ Board members include attending Board meetings and the annual planning sessions; serving as liaison to at least one Board committee; and actively participating in Board initiatives. A demonstrated commitment to equal justice principles and an enthusiastic commitment to serve in equal justice community leadership are required, as are strong communication skills and an ability to see the "big picture." Courage, compassion, consideration, patience, humility, passion, and humor are all valuable traits in ATJ Board members. The ATJ Board strives to have a membership that reflects inclusion, diversity (including geographic diversity), and cross-cultural competence. Please submit a letter of interest and r้sum้, including a summary of qualifications, by November 30, 2009, to Allison Durazzi, WSBA, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539; or e-mail allisond@wsba.org. For more information about the Access to Justice Board or this position, contact WSBA Justice Programs Manager Joan Fairbanks at 206-727-8282 or joanf@wsba.org, or visit www.wsba.org/atj. Court Interpreter Certification Advisory Commission The WSBA Board of Governors will be nominating one member to be appointed by the Washington State Supreme Court to serve a three-year term on the Washington State Court Interpreter Certification Advisory Commission. The term will commence upon appointment and expire September 30, 2012. The Commission, which operates under Supreme Court rule, has three standing committees to maintain critical operations of the interpreter program: the Issues Committee, the Disciplinary Committee, and the Judicial and Court Administration Committee. Please submit a letter of interest and r้sum้ to: WSBA Bar Leaders Division, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539 or e-mail barleaders@wsba.org. Council on Public Legal Education The WSBA Board of Governors seeks a member to serve on the Council on Public Legal Education (CPLE) for a term beginning February 1, 2010, and ending September 30, 2012. The mission of the CPLE, which is an advisory committee of the WSBA, is to promote public understanding of the law and civic rights and responsibilities. The CPLE pursues this mission by conducting, coordinating, encouraging, and publicizing public legal education efforts in Washington state. The CPLE's 25 members comprise attorneys, judges, educators, media professionals, and community leaders. The CPLE's many accomplishments include increasing the amount of civics education in K12 schools, sponsoring the state's first youth court conference, and creating the lawforwa.org website,. Please submit a letter of interest and r้sum้ by November 30 to: WSBA Bar Leaders Division, 1325 Fourth Ave., Ste. 600, Seattle WA 98101, or e-mail barleaders@wsba.org. For further information, contact WSBA Public Legal Education Manager Pam Inglesby at pami@wsba.org or 206-727-8226. Council on Public Defense The WSBA Board of Governors seeks four applications for service on the Council on Public Defense (CPD) beginning January 2010. Two positions are reserved for private attorneys; two are for non-lawyers. The members of the CPD are appointed for one-year terms, renewable for up to three years. The CPD brings together representatives of the bar, prosecutors, private and public criminal defense counsel, the bench, elected officials, and the public. The mission of the CPD is to recommend to the WSBA Board of Governors improvements to the provision of public defense services in Washington state. Please submit a letter of interest and r้sum้ by November 13, 2009, to: WSBA Bar Leaders Division, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539, or e-mail barleaders@wsba.org. For further information, please contact Jennifer Danis at jenniferd@wsba.org or 206-239-2116. Seeking Questionnaires from Candidates for Judicial Appointments The WSBA Judicial Recommendation Committee (JRC) is accepting questionnaires from attorneys and judges seeking consideration for appointment to fill potential Washington State Supreme Court and Court of Appeals vacancies. Interested individuals will be interviewed by the Committee on the dates listed above. The JRC's recommendations are reviewed by the WSBA Board of Governors and referred to the Governor for consideration when making judicial appointments. Materials must be received at the WSBA office by the deadline listed above. To obtain a questionnaire, visit the WSBA website at www.wsba.org/lawyers/groups/judicialrecommendation or contact the WSBA at 206-727-8212 or 800-945-9722, ext. 8212; or e-mail judithb@wsba.org. MCLE Certification for Group 3 (20072009) Active WSBA members in MCLE Reporting Group 3 (20072009) received Continuing Legal Education Certification (C2/C3) forms in license packets mailed in mid-October. Lawyers in Group 3 include active members who were admitted to the Bar in 1984 through 1990, 1993, 1996, 1999, 2002, and 2005. Members admitted in 2008 are also in Group 3 but are not due to report until the end of 2012. Their first reporting period will be 20102012; any credits earned on or after the day of admission may be counted for compliance. To avoid late fees, Group 3 members who are due to certify compliance must: (1) complete required credits by December 31, 2009; and (2) certify compliance no later than February 1, 2010. See the following "MCLE Certification Information for Active Members" for important information about the MCLE compliance process. If you have questions, please contact the WSBA Service Center at 800-945-WSBA (9722), 206-443-WSBA (9722), or questions@wsba.org. MCLE Certification Information for Active Members WSBA members are divided into three MCLE reporting groups based upon year of admission. (Newly admitted members are exempt. See "Newly Admitted Members," below.) Group 1: Admitted through 1975, 1991, 1994, 1997, 2000, 2003, 2006, and 2009.
Newly admitted members If you are a newly admitted member, you are exempt from reporting CLE credits for the year of your admission and the following calendar year. For example, if you were admitted in 2008, you will not report for this reporting period (20072009) even though you are in Group 3. You will first report and certify credits at the end of the 20102012 reporting period. For your first reporting period, you may claim all CLE credits earned on or after your date of admission to the WSBA. Credit requirements At least 45 total credits of MCLE Board-approved CLE activities must be taken, including a minimum of 22.5 live credits and a minimum of 6 ethics credits. Carry-over CLE credits Carry-over credits from the previous reporting period may be used to meet the requirements of the current reporting period. If the total of your current reporting period credits exceeds 45, you may carry over a maximum of 15 credits to your next reporting period. Of these 15 credits, up to 2 can be ethics credits and up to 5 can be A/V credits. No credits will be carried over if a Certificate of Compliance from a comity state is used for compliance certification (See "MCLE comity" following.) MCLE compliance certification requirement All active members due to certify MCLE compliance are required to: (1) complete the credit requirements, and (2) certify the credits taken for MCLE compliance. Your online roster showing credit compliance is not a substitute for certifying MCLE compliance (APR 11.6(b)). You must complete the online certification process or submit a completed CLE Certification (C2/C3) form. Online certification If you are credit-compliant, online certification is available for the first time this year through www.mywsba.org. Go to www.mywsba.org. Click "Login" and enter your Bar number and password. If this is your first time using mywsba, click "Reset password" and enter your Bar number and e-mail address to have your password e-mailed to you. (Note: You must use the primary e-mail address on file with the WSBA. It is printed in the Contact Information section of the A1 License Renewal Form.) From "My Profile" you can review your MCLE status. Click on the "MCLE Reporting C2/C3" link to access your online MCLE certification form. Paper certification If you do not want to certify online or are not credit-compliant, you can file a Continuing Legal Education Certification (C2/C3) form listing all CLE courses taken for credit compliance. Note: Deadlines All required credits must be completed by December 31 of the last year of your reporting period. All credits must be certified by February 1 of the year following the end of your reporting period (or the next business day, if February 1 is on a weekend) (APR 11.2(a)). Grace period elimination There is no grace period for certifying compliance. You must complete the online MCLE certification process (if you are credit-compliant) at www.mywsba.org or postmark or deliver your C2/C3 form by February 1 (APR 11.6(b)). Credits not complete no automatic extension until May 1 There is no automatic extension. If your credits are not complete by December 31 of the last year of your reporting period, you must complete these requirements by the following February 1: File a C2/C3 form listing the credits taken to date, even though you have not completed the credit requirements. Then file a Supplemental Declaration form for all subsequent credits earned for compliance (APR 11.6(b)). Submit a petition to the MCLE Board. Provide a complete explanation as to the reason that you need an extension. The Board will consider factors of undue hardship, age, or disability in determining whether an extension will be granted (APR 11.6(c)(4) and APR 11 Regulation 107(a)). MCLE late fees Late fees are assessed when credits are not completed by December 31 of the last year of your reporting period and/or credits are not certified by February 1. Credits may be certified online, or postmark or deliver the C2/C3 certification form to WSBA by the deadline. MCLE comity If you are an active member of the WSBA and your primary office for the practice of law is outside of Washington and if you are a member of the Oregon, Idaho, or Utah state bars ("comity" states), you may meet your Washington mandatory CLE requirements by providing proof of current MCLE compliance from your comity state bar. Only a Certificate of MCLE Compliance from your comity state bar office sent with your WSBA C2/C3 form will satisfy your MCLE requirements in Washington. The forms must be postmarked or delivered by February 1. Note: A "Certificate of Good Standing" or a list of courses taken to meet your comity state's credit compliance requirements is not acceptable for fulfilling the comity requirements. Your Washington state and your comity state reporting periods do not need to be identical. To meet compliance requirements in Washington, your Certificate of Compliance from the comity state just needs to show that you met the MCLE compliance requirements for your most recent comity state reporting period. Course approval All courses that you list on your C2/C3 form must be Washington MCLE-Board approved and have an Activity ID number. This number is listed in your online MCLE roster and is assigned at the time of application. A "Certificate of Attendance" or other sponsor-provided certification is not sufficient for receiving course credit. If you have taken courses that are not yet approved by the MCLE Board, submit Form 1s for these courses immediately to ensure that they are approved before your certification is due. See www.wsba.org/lawyers/groups/mcle/mcleboardform1.htm for information about submitting a Form 1. Each Form 1 application must include a full agenda in order to receive credit. The agenda must include the start and end times for each session and break. Because of high volumes from October through February, Form 1s submitted online could take up to four weeks or more to process. Paper Form 1s may take up to six weeks or more to process. If you submit a paper Form 1, you will be notified by mail of its Activity ID number. Pro bono credits Six pro bono credits can be earned per year (APR 11 Regulation 103(f)). Of the six credits, two are for the required annual pro bono training. Four credits may be earned per year for pro bono service credits if at least four hours of pro bono work were provided through a qualified legal services provider and if two credits of approved pro bono training were completed within the same calendar year. New MCLE rule and regulation amendments New MCLE rule and regulation amendments went into effect on January 1, 2009. The amendments include: the number of live credits required was reduced from 30 to 22.5; the number of A/V credits allowed (of the 45 required) was increased from 15 to 22.5; there is no longer an automatic extension; and a member may earn no more than 8 credits per day taking courses. See www.wsba.org/lawyers/groups/mcle/apr11review07.htm for more information. In-house CLEs Beginning with the 20072009 reporting period, there are no restrictions on the number of in-house credits that a lawyer may claim for compliance. However, lawyers associated with or employed by a private law firm or corporate legal department that maintains an office within Washington state may not apply to receive credit for a continuing legal education course sponsored by that private law firm or corporate legal department. The sponsor must apply for accreditation. (APR 11 Regulation 104(b)(2)). MCLE system You may use the online MCLE system to review and edit courses taken and credits earned; apply for course approval; apply for prep time, pro bono, moot court, or writing credit; and search for upcoming approved courses. Questions If you have any questions about using the MCLE system or about the MCLE compliance requirements, see the online FAQs at www.wsba.org/lawyers/licensing/faq-mcle.htm and www.wsba.org/lawyers/licensing/faq-mcle-credits.htm, or contact the WSBA Service Center at 800-945-WSBA (9722), 206-443-WSBA (9722), or questions@wsba.org. Online Licensing for 2010 License renewal is now available online! For the first time, you can complete your license renewal entirely online at www.mywsba.org. License renewal forms and the section membership form were mailed together in mid-October. There is no longer a "grace period" for the month of February, so renewal and payment must be completed by February 1, 2010. Check www.wsba.org/licensing for detailed instructions. WSBA Bylaw Article II.E.1.c. on Armed Forces Fee Exemption provides for a fee exemption for eligible members of the Armed Forces whose WSBA membership status is active. The WSBA will accept fee exemption requests until March 1, 2010, for the 2010 licensing year. New from WSBA-CLE Publications Washington Probate Procedure and Tax Manual with Forms (3d ed. 2009), by Robert S. Mucklestone. This two-volume manual (1,202 pages) provides a comprehensive system for handling the administration of a typical estate in Washington state, and comes with more than 300 interactive forms, checklists, and sample letters on CD. For a full table of contents and index to forms, or to order, go to www.wsbacle.org. Thinking of Changing Your WSBA Membership Status? Consider Emeritus As the 2010 WSBA licensing period approaches, you may be thinking of changing your membership status to accommodate your current career or lifestyle. If you no longer need your active WSBA license, here's why you should consider emeritus status. APR 8(e) creates a limited license status of emeritus for attorneys otherwise retired from the practice of law, to practice pro bono legal services through a qualified legal services provider. A qualified legal services provider is a "not-for-profit legal services organization whose primary purpose is to provide legal services to low-income clients." There are no MCLE requirements (although you may attend optional CLE seminars at no cost). The 2010 license fee for emeritus is $200. This is a significant savings in time and money if you are paying for an active license that you no longer need. Under most circumstances, emeritus attorneys can remain in emeritus status indefinitely without having to re-take the bar exam if/when returning to active status. Most qualified legal services providers provide malpractice insurance for emeritus volunteers. There is no age requirement for emeritus attorneys. Volunteering for a "qualified legal services organization" allows you to control your own schedule. Most importantly, the Emeritus Program provides an opportunity for attorneys to give something back to their communities. One or more qualified legal service organizations are present in most Washington state counties. These include Columbia Legal Services, a statewide legal services program; Northwest Justice Project, a central statewide point of access for clients; specialized legal services programs (such as Unemployment Law Project and Northwest Immigrant Rights Project); and county volunteer attorney programs. These organizations offer a wide variety of volunteer opportunities such as direct representation, mentoring, advice clinics, self-help clinics, telephone advice, and document preparation. Emeritus also allows for pro bono services for criminal cases through some public defender agencies. Many organizations offer training for their volunteers. We will do our best to match your legal expertise, interest, and schedule. An emeritus training and orientation session is scheduled for January 12, 2010, in Seattle at the WSBA office. This training is a requirement for changing to emeritus status and will provide an opportunity for you to meet representatives from qualified legal services providers. Travel expenses will be reimbursed. For more information about the Emeritus Program, registration for the training session, and the logistics of changing your WSBA status to emeritus, please contact Sharlene Steele at sharlene@wsba.org, 206-727-8262, or 800-945-9722, ext. 8262. You can review APR 8(e) at www.wsba.org/lawyers/licensing/faq-rule8e.htm. Washington Young Lawyers Division Trial Advocacy Program The annual Washington Young Lawyers Division Trial Advocacy Program (TAP) offers intensive training by litigation experts and a true-to-life mock trial experience. The CLE will be held Friday, November 7, and Saturday, November 8, at the WSBA office, and the mock trial will take place on Saturday, November 21, at the Seattle Municipal Courthouse. The cost is $250 for full participation and 19 general CLE credits (pending), or $150 for the CLE only and 12 general credits (pending). Last year's participants commented that the program was "completely engaging and thought-provoking. Entertaining, real-world skill development," and " every young lawyer should attend." To register, go to www.wsba.org/lawyers/groups/wyld/tapstdreg09.pdf. Volunteers are needed to serve as jurors and witnesses. To volunteer, please contact Julia Nardelli at julian@wsba.org, 206-733-5951, or 800-945-9722, ext. 5951. LAP Solution of the Month: Job Satisfaction Do you look forward to going to work? If not, why not? If you're unhappy in your current job but don't know what to do about it, call the Lawyers Assistance Program at 206-727-8268, or 800-945-9722, ext. 8268. LOMAP and Ethics Traveling Seminars Join us in Aberdeen on November 17, Port Orchard on November 18, Oak Harbor on December 8, or Bellingham on December 9. The cost is $99, and four credits are available, including some ethics credits. To register, contact Julie Salmon at juliesa@wsba.org, 206-733-5914, or 800-945-9722, ext. 5914. 55 and Over? WSBA's Lawyers Assistance Program is offering a new group, "Lawyers in Transition: For Attorneys 55 and Over." A range of topics will be covered, such as making changes in one's career, nurturing interests outside of the law, and giving and receiving support to fellow lawyers at a similar life stage. The group will meet at the WSBA offices and will be run by LAP psychologists Rebecca Nerison, Ph.D., and Dan Crystal, Psy.D. The cost is $10 per session. If you are interested in taking part or have questions or recommendations, please contact Dr. Nerison at rebeccan@wsba.org, 206-727-8269, or 800-945-9722, ext. 8269. We are especially interested in knowing which themes you would like to address, and we welcome suggestions about meeting times. Monthly Lawyer Discussion Roundtable Get ideas and support from new colleagues and WSBA Lawyer Services Department staff who will answer questions on ethics, practice, and substantive law. The discussion group meets the second Tuesday of the month from noon to 1:30 p.m. November 10 is the next scheduled meeting date. Walk-ins are welcome! The roundtable is held at the WSBA office. Computer Clinic The WSBA offers a hands-on computer clinic for members. Learn what programs such as Outlook, PowerPoint, Excel, Word, and Adobe Acrobat can do for a lawyer. Are you a total beginner? No problem. The clinic teaches helpful tips you can use immediately. Computers are provided, and seating is limited to 15 members. There is no charge, and no CLE credits are offered. The November 9 clinic will be held from 10:00 a.m. to noon at the WSBA office and will focus on using Word. The November 12 clinic will meet from 2:00 to 4:00 p.m. and will focus on using Casemaker and other online research resources. For more information or to RSVP, contact Julie Salmon at juliesa@wsba.org, 206-733-5914, or 800-945-9722, ext. 5914. Monthly Job Search Session Join us November 11 as attorney and presentation coach Lisa Voso helps you develop your skills. These meetings take place the second Wednesday of each month from noon to 1:30 p.m. at the WSBA sixth floor conference center. Come as you are no need to RSVP. Bring your business card (yes, you do need one). For more information, call 206-727-8269 or 800-945-9722, ext. 8269, or e-mail rebeccan@wsba.org. If you would like to attend the meeting by telephone, RSVP by November 10. Weekly Job Finders Strategy and Support Group Unemployed? Discouraged or trying not to be? Our weekly job group focuses on job search basics such as r้sum้s, cover letters, and informational interviewing. The group meets on Monday mornings from 10:30 to noon, and new groups begin every eight weeks. Contact Dan Crystal, Psy.D., at danc@wsba.org, 206-727-8267, or 800-945-9722, ext. 8267, if you are interested in this group. Facing an Ethical Dilemma? Members facing ethical dilemmas can talk with WSBA's professional responsibility counsel for informal guidance on analyzing a situation involving their own prospective ethical conduct under the RPCs. All calls are confidential. Any advice given is intended for the education of the inquirer and does not represent an official position of the WSBA. Every effort is made to return calls within two business days. Call the Ethics Line at 206-727-8284 or 800-945-9722, ext. 8284. Upcoming Board of Governors Meetings December 45, Tacoma With the exception of the executive session, Board of Governors meetings are open, and all WSBA members are welcome to attend. RSVPs are appreciated but not required. Contact Margaret Shane at 206-727-8244, 800-945-9722, ext. 8244, or margarets@wsba.org. The complete Board of Governors meeting schedule is available on the WSBA website at www.wsba.org/info/bog/schedule.htm. Usury Rate The average coupon equivalent yield from the first auction of 26-week treasury bills in October 2009 was 0.152 percent. Therefore, the maximum allowable usury rate for November is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm. Celebration Honoring Clark County Superior Court Judge Robert Harris The Clark County Bar Association will honor Judge Robert Harris with a roast in his honor. Judge Harris, Washington's longest-serving superior court judge, will retire at the end of this year. The event will be held November 20, 2009, at 6 p.m., at the Red Lion at the Quay in Vancouver. Tickets are $50; RSVP to Diane Wheeler at 360-695-5975. Circle of Professionalism Lembhard Howell received the Random Acts of Professionalism Award to respectfully acknowledge his professional conduct and years of service to the bar, his colleagues, and his clients. Mr. Howell has served as a WSBA governor, as a charter member and an officer of the Loren Miller Bar Association, and as a caring and stellar mentor to many young attorneys and law students. When nominated for the award, Lem was described as "a gentleman throughout, he readily acknowledges others and quickly introduces colleagues to one another supporting others in building a network of accomplished, dignified, and diverse attorneys." He is a steady, stalwart supporter of newcomers to the profession and, specifically, of students and attorneys of color. His gentlemanly conduct and strength of character, his hard work, and his constant effort for justice and truth make him a most honorable recipient of the Random Acts of Professionalism Award. The WSBA Random Acts of Professionalism Award is given from lawyers to lawyers to recognize and encourage professionalism among the members of the Bar. Neither the WSBA Professionalism Committee nor the WSBA Board of Governors explicitly endorses a selection; the award is simply from one professional to another. Look for the best among your peers and nominate them. Visit www.wsba.org/professionalism to learn more.
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