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Posts Tagged ‘Washington State Bar Association’

High temperatures, sweaty cheeks, thunderstorms, flash floods and fungus-dispersing dust storms are our annual devil’s brew during monsoon season. This time of year is the flip side of what locals otherwise consider heaven.

Circumstances permitting, more fortunate desert dwellers of the non-snowbird variety temporarily pack up their monkey butt powder and flee for whatever short-lived respite is found in cooler climes.

https://upload.wikimedia.org/wikipedia/commons/c/c2/Demonstration_of_Sweat.jpgBut notwithstanding sticky summer’s infernal doldrums, elsewhere there’s news of a different sort involving your friendly state bar associations. Here’s a quick rundown from The Irreverent notebook:

Washington State Bar President Unexpectedly Resigns

https://upload.wikimedia.org/wikipedia/commons/thumb/5/54/Flag_of_Washington.svg/320px-Flag_of_Washington.svg.pngWithout much notice or fanfare but citing “personal matters that require her attention,” Washington State Bar President Robin Haynes abruptly resigned last month following news reports she was under investigation stemming from accusations by two former law firm employers claiming Haynes had committed financial improprieties, specifically allegations she embezzled some $9,300. See “WA State Bar Association president accused of embezzling nearly $10k” and “President Of Washington Bar Association Resigns — Right Before The Criminal Charges.”

In a statement reported by Spokane’s Spokesman-Review newspaper, Haynes’ lawyer explained, “While Ms. Haynes has done nothing wrong and looks forward to clearing her name in a fair tribunal, she was also aware that even the rumor of an investigation would cast a shadow over the important work that the State Bar Association does.” See “Former bar president accused of using law firms’ credit cards for gym, political donations.”

Haynes who at 39 was also publicized as the youngest Washington Bar president ever — had a term that was not without some controversy. This is because she used her ‘bully pulpit’ to editorialize often in the state bar magazine against sexism and bias. In some ways, her admonitions took on the cast of what’s become the méthode du jour embodied in the polarizing proposed ABA Model Rule 8.4(g) amendment that would impose an unconstitutional speech code on lawyers. See “Allies in the Law” at February 2017 NW Lawyer where author and former WSBA Governor Phil Brady writes in her defense, “We’ve seen a lot of negative reaction to WSBA President Robin Haynes speaking up about the sexism present in our profession.”

Haynes, like the rest of bar leadership was also an ardent defender of the bar’s recently passed 141% dues increase. See “The Dialogue Continues.” Inasmuch as the bar’s governing board and court had nullified a member referendum calling for a dues increase vote, Washington State Senator and WSBA Member Mike Padden subsequently introduced Senate Bill 5721 to require the WSBA “to obtain an affirmative vote prior to increasing bar dues for membership.” Unfortunately, Padden’s bill did not get out of committee and to the floor for a vote.

California State Bar non-regulatory function split moving forward

https://upload.wikimedia.org/wikipedia/commons/thumb/9/98/California_State_Assembly_room_p1080879.jpg/320px-California_State_Assembly_room_p1080879.jpgLast week, the California Assembly Judiciary Committee unanimously approved SB 36, a bill that has had multiple amendments since it’s 2016 introduction. According to the July 17, 2017 assembly bill analysis, it “prioritizes the State Bar’s regulatory functions by separating the trade association functions into a new nonprofit and helping improve governance of the State Bar.”

To do this, SB 36 splits off the Cal Bar’s 16 specialty practice groups into a private nonprofit. The bill covers a lot of terrain impacting both bar governance and structure, including eliminating elections for officers of the Board of Trustees and changing the current governing board super majority into a simple majority of practicing lawyers. It also gives the Bar explicit authority to re-fingerprint active lawyers so that it can receive arrest alerts about them. Assuming swift legislative passage next month and gubernatorial signing, it becomes effective January 1, 2018.

Meanwhile in Arizona, a rule amendment petition asking the Arizona Supreme Court to similarly prioritize public protection by bifurcating the State Bar of Arizona’s regulatory and non-regulatory functions is still awaiting court action. In June, a reply was filed by the petitioner responding to the State Bar of Arizona’s wholly predictable comment against the petition. It’s worth reading here.

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Credits: monkey via morguefile.com; Washington flag, Wikimedia Commons, public domain; sweat demonstration by Dogbertio 14 at Wikimedia Commons Creative Commons Attribution; California State Assembly via Wikipedia by David Monniaux, Creative Commons Attribution-Share Alike license.

 

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Mike Padden Image

State Sen. Mike Padden

Kudos to State of Washington lawyers. They’re fighting the latest kick to their billfolds and keisters arising from a 141% licensing fee increase approved by the Washington State Bar Association’s (WSBA) Board of Governors. Last September, the WSBA’s governors voted to raise licensing fees from $325 to a whopping $458 by 2020.

By subsequent Order, the Washington Supreme Court sacramentally blessed the proposed fee increase deeming it “reasonable.” The justices also refused to tie any future increases to a cost of living index as proposed by a member referendum petition.

Ubi Jus Ibi Remedium

https://cdn.morguefile.com/imageData/public/files/h/hotblack/preview/fldr_2008_11_02/file0001565651674.jpgThere’s an ancient legal maxim that for every wrong, the law provides a remedy. But in the real world, even this most aspirational of principles is soon enough found wanting. Therefore, left without apparent remedy, Washington lawyers turned to their state legislature. On February 6, 2017, WSBA member and state senator Mike Padden introduced Senate Bill 5721. The Bill would require the WSBA “to obtain an affirmative vote prior to increasing bar dues for membership.”

SB 5721 is in reaction to the Washington Supreme Court’s Jan. 5, 2017 order — that on its own motion without formal prompting from another party — overruled a December 20, 2016 citizen petition filed by 2,180 Washington Bar members calling for a member referendum to reject the licensing fee increase.

As explained by an email forwarded to me by a Washington lawyer, “The Supreme Court’s order, issued without briefing or discussion, has raised an important constitutional challenge to the Legislature’s power over taxes and government regulation; the Court’s challenge is entirely unnecessary. SB 5721 can resolve that conflict quickly and easily, while protecting the interests of the public and the profession. SB 5721 does not create new law; it does not direct an outcome on the member referendum. SB 5721 simply returns the law to what it was before the Supreme Court changed it.”

The email goes on to pose the following series of questions to Washington lawmakers. “Can the Supreme Court now set taxes and establish public policy through a regulatory body that it indirectly controls? Can it do so without briefing or explanation? Can it do so when those closest to the effects and burdens of such public policy — those who pay for it directly — are denied the use of established procedures to petition the government for redress of grievances, without even a hearing or any other form of due process? Who is to guard the rights of Washingtonians when the Supreme Court itself is the offender?”

In reply, the answer and the anticipated remedy is: “It must be the Legislature, a co-equal branch and author of the State Bar Act.”

Mother’s milk.

cowabungaThe WSBA last tried raising fees in 2012. A member referendum rejected that proposed increase.

But if there’s one more thing that’s certain — besides death and taxes — it’s that money is also the mother’s milk of bureaucrats.1 And all the better when it’s OPM (other people’s money).

It’s no surprise, then, that bar bureaucrats would be: (1) back for more money and (2) looking for an end-around what must be for them irritating member referenda. In their minds, if you’re forced to belong as a precondition to practicing law in the state, you might as well meekly turn over all four cheeks along with your mandatory fees without complaint. It’s your privilege and their right.

The upshot of it all is a state constitutional challenge — not to mention what lawyers like to do best — litigation. A complaint was filed January 15, 2017 that also challenges the Washington Supreme Court’s power to set WSBA licensing fees.

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1Apologies to the late Jesse Unruh for paraphrasing his famous quote about money and politics.

 

 

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Day 196 - Kicking Ass | by lintmachineIn 2012, a member referendum cut Washington State Bar Association (WSBA) dues from $480 to $325. Members were thrilled. Lawyers elsewhere were envious. From WSBA leaders, teeth-gnashing and underwear-twisting ensued. But truth be told, the panty-twisting began well ahead of the referendum. The sky was gonna fall. The Seattle Starks said “Winter is coming.”

The Big Payback.

Four years later on September 29, 2016, it was payback time. On that day, the WSBA Board of Governors and its executive director got their ‘gimme back.’ The Board approved substantial lawyer licensing fee increases starting next year and running through 2020. The first jump of 138% raises dues from $325 to $449 in 2018. Fees then bump up to $452 in 2019 before riding the Up escalator again in 2020 to $458. The hikes amount to a 141% increase over current fees.

Back on top.

As soon as 2018, the first increase to $449 puts Washington back in the top ten of highest mandatory bar dues states topping Idaho, Utah, Louisiana and California. Of the total 32 mandatory bar states, only Alaska, Oregon, New Hampshire, Hawaii, Wisconsin, Nevada and of course, Arizona are higher.

Although the WSBA Board approved the increases last September, it wasn’t until this past January 5, 2017 that the score was truly evened. On that date the Washington Supreme Court approved the dues increases declaring them without explanation “reasonable” and in the alternative, ruled in the same Order again without explanation that the fees proposed through a new member license fee rollback petition “would not be reasonable.”

40+118 POW!! | by barkLicense fee rollback petition.

Following the WSBA Board’s dues vote last September, members took immediate steps under WSBA Bylaws that provide that within 90 days of a final decision of the Board of Governors, any active member may file a referendum to reverse or modify that decision. Consequently, a license fee rollback petition was timely filed to reject the 2018-2020 fees approved by the Board and to alternatively require that the fee amount for a given year not be increased by a greater percentage than the consumer price index (CPI) increased during the calendar year ending 12 months previous to the effective date of the increase.

Only 1,604 or 5% of the active membership were needed to qualify the petition. A total 2,180 WSBA members signed the petition. The Court gave no explanation other than the conclusory statement: “That the lawyer license fees proposed by the license fee rollback petition, if the petition were to pass, would not be reasonable both as to the level of fees that it proposes and as to the requirement that future license fee increases be tied to the consumer price index.”

Giving my bro a "good old kick up the arse" (AKA a "Bishop Brennan") outside Parochial House, County Kerry,Ireland. | by 2thin2swim

Later this month, the WSBA’s Board of Governors meets to decide whether or not to hold the referendum vote given the Court’s order rejecting the petition.

I’m not a Washington lawyer but they should still hold the vote — because even while the Board applauds the Court’s action while sitting on their hands, WSBA members will still want to kick some ass of their own.

 

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Credits: Day 196 – Kicking Ass, by lintmachine at Flickr via Attribution-NonCommercial-ShareAlike 2.0 Generic license; 40 + 118 POW!!, by bark at Flickr Creative Common Attribution license; Giving my bro “a good old kick up the arse,” by 2thin2swim at Flickr Creative Common Attribution license.

 

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