September - Clackamas County Bar Association

The Bar Tab
September 2010
Prez Sez
by Dave Paul
Mentor. A friend of Odysseus entrusted with the education of
Odysseus’ son Telemachus. A
trusted counselor or guide. Tutor,
Coach. (Merriam-Webster)
Twenty-seven years ago a rookie
Clackamas County Deputy D.A., tutored by Ron Nelson, faced off in a D.U.I.I. jury trial with a West Linn
trial lawyer by the name of Deanne Darling. Presiding
over this exercise in the pursuit of justice was the
Honorable Robert Burns of the Clackamas County
District Court. The jury’s verdict was forever memorialized in one of Judge Burns’ bench-drawn cartoons
encaptioned, “_____ off Copper, I’m just walking my
dog!” (The defendant had driven her car into Abernethy Creek, thereby causing the drowning death of
her canine companion.)
That trial served as an object lesson in mentorship. A
trusted Senior DDA, Ron Nelson, provided the guidance necessary to prepare a case for trial. A worthy
adversary provided a lesson in cross-examination and
argument, thereby providing a lesson in better anticipating trial contingencies. Judge Burns, a jurist mythic
in the annals of Clackamas County lore, was demanding of the attorneys who appeared in his courtroom.
However, an appearance before Judge Burns provided
a valuable exercise in molding professionalism.
Many of us have similar stories of how events in the
courtroom, or in other legal venues, have shaped our
practice of law. Invaluable lessons and guidance can
be provided by experienced lawyers to those just embarking on a legal career.
It is in that spirit that your CCBA Board is planning a
special event for Thursday September 9th in downtown
Oregon City. We hope to provide a “mentorship” op-
portunity in the guise of a social event. Please plan
on mixing with the newer members of the CCBA at
an all members “meet and greet” at The Caufield
House across the street from the courthouse. This
social event will take place immediately after our All
Membership Photo in the Liberty Plaza by Encore
Photography studio. The All Membership Photo is a
very important part of our history, so please plan to
participate. I look forward to trading stories with
you there.
Mark Your Calendar
CCBA All
Membership
Photo Sep. 9 @ 4:15, Liberty Plaza.
All members are strongly
encouraged to attend.
New Lawyer Meet & Greeet Sep. 9 following Membership
Photo, The Caufield House.
Appellate Dinner - October 14, 2010, Oswego
Lake Country Club, Lake Oswego, OR.
Holiday Dinner & Dance - December 9, 2010.
Oswego Lake Country Club, Lake Oswego,
OR.
The Bar Tab welcomes your submissions! Please send articles, photos and announcements to: [email protected].
The Bar Tab - September 2010- Page 2
CCBA Newsletter
Approximately five issues of The
Bar Tab are published each year.
Submissions can be emailed to
[email protected].
They can also be sent or given to
any officer. Advertising submissions and inquiries can be directed
to the Editor or any officer. The
CCBA does not make express or
implied warranties regarding the
use of information contained in this
newsletter.
Editor
Jennifer Dalglish
[email protected]
(503) 655-8248
Webmaster
Kristen David
[email protected]
(503) 650-0700
CCBA Executive Board
President: David Paul
[email protected]
(503) 655-8431
2009 President: Jack Lundeen
[email protected] (503) 6359393
Vice President: Diane Rader
[email protected] (503)
655.7437
Secretary : TBA
Treasurer: Andrew M. Cole
[email protected]
(503) 650-1731
CCBA Website
News and Notes
The Housing Authority of the County of Clackamas (HACC) is requesting
Letters of Interest from qualified persons to serve as a Hearing Officer.
The Hearing Officer will conduct hearings and decide quasi-judicial matters with respect to applicable Federal Regulations, Oregon Revised Statutes, the HACC Lease and the HACC policies and procedures. The Hearing Officer will conduct hearings between HACC and residents of Public
Housing and the Housing Choice Voucher Program(HCV), Section 504
Reasonable Accommodations, Jannsen Transitional Housing Terminations, Shelter Plus Care Terminations and Immigration and Naturalization
Service (INS) ineligibility appeals for Public Housing and HCV.
These hearings are generally informal rather than complex court-style
hearings. Each submittal will be ranked according to general qualifications and experience; ability to work with people; cost; and availability.
For a copy of the Request for Letters of Interest, which includes the instructions, general conditions and required format, please go to our website at: http://www.clackamas.us/hacc/bids.jsp or contact Toni Karter at
the Housing Authority of Clackamas County, PO Box 1510, Oregon City,
OR 97045, or at (503) 650-3139. The deadline for submittal of Letters of
Interest is 5:00 PM, September 9, 2010.
It Really Happened
by Anonymous CCBA Member
Clackamas County - At the end of the state's case, the defense moves for
acquittal on one count.
When called upon to respond to the motion, the deputy says: “I'll let the
evidence speak for itself “
The court then asked: “And what evidence would you direct me to?”
www.clackamas-bar.org
CCBA Email Address
[email protected]
The deputy says: “My prior statement meant that I couldn't think of any
- but if you can your honor- please feel free to do so.”
Motion granted.
The Bar Tab - September 2010 - Page 3
EXECUTIVE COPY & PRINTING
QUALITY 1 & 2 COLOR PRINTING
HIGH SPEED COPIES
COLOR COPIES
ENGINEERING COPIES
LEGAL BRIEFS
LEGAL EXHIBITS
BUSINESS STATIONERY
BUSINESS CARDS
PLEADING SHEETS
RUBBER STAMPS & LABELS
FAX SERVICE
We Pick Up and Deliver
(503) 655-9227
PHONE ,
(503) 657-4349
FAX
[email protected]
623 MAIN STREET • OREGON CITY, OR 97045
The Bar Tab - September 2010 - Page 4
CCBA Attorney Profile: Philip F. Schuster, II
by Jennifer Dalglish
“Eclectic” is the word that springs to mind when one
walks into Phil Schuster’s office. His walls are interestingly adorned with pictures of Mt. Hood next to a
Civil War Springfield rifle and the Dalai Lama at the
opposite end of the room. The surfaces hold everything from family photos to Portland Public School
Mentoring Program mementos to Native American
collectibles. Mr. Schuster, himself, seems to be composed of elements drawn from various sources. His
interests and experiences are wide and varied, which
just happens to make him a bit difficult to profile.
Phil was born in Denver, Colorado, but he grew up in
Seattle, Washington in a traditional 1950s household.
His father was a school teacher, his mother was a
homemaker and he was the elder sibling of three in a
typical suburban community. Known as “Skip” to his
family and friends, he loved listening to his Dad’s stories of being a pilot during World War II. He also
loved swimming. As an undergraduate student at the
University of Washington, he excelled on the swim
team, worked as a lifeguard and participated in clown
diving. Phil graduated from UW with a political science degree in the 1960s and according to him this
was a time when “everybody was idealistic.” He was
no exception. Skip thought he could save the world
and the best way to begin doing that would be to enter
law school.
He spent the next several years bouncing in and out of
classes at both the University of Washington School
of Law and Willamette School of Law. His roots in
Clackamas County date back to this era when he took
some time away to work at an insurance title company
in Oregon City. This is also the era when he met his
wife, Barbara, while both were working at the Open
Door Clinic in Seattle. Barb’s late father, a wellknown attorney and judge in Lewis County, would
later become Phil’s friend, mentor and strongest legal
guide. Phil had lost his own father – his hero – when
he was a first-year law student. This loss had a tre-
mendous impact on Phil at
such a young age. It would
go on to shape many of the
things he would do, including writing his first novel
“The Indian Water
Slide” (http://
www.spiritoforegon.com/).
As is the case with many
attorneys, Phil’s true passion has always been writing. He feels that he is
lucky to be able to write for a living. He has authored
or co-authored five law review articles and also takes
great pride in his appellate work. His most recent, notable literary achievement is a historical-based work of
fiction entitled “Sun-Painted
Man” (www.sunpaintedman.com). “Sun-Painted
Man” tells the story of the adoption of Phil’s greatuncle into the Blackfeet tribe and his unrelenting effort to win justice for a young Blackfeet man wrongfully convicted of rape in Federal Court in 1921, and
sentenced to twenty years in Leavenworth Penitentiary. The story is based on actual diaries, court papers and photographs that originally belonged to Phil’s
great- uncle. This novel is set to be released August,
2010 from Clear Light Publishers and can be ordered
at any major book retailer. On August 7th and 8th, the
Publishing Company will be holding a two-day release
event in Cody, Wyoming that Phil is anxiously anticipating.
When asked what he has learned about being an attorney that he didn’t expect, Phil said he “expected to go
out and save the world, but he had to learn how to
manage the practice of law, instead.” Phil believes his
mission is to both provide a useful service to the community and to give back something that goes above
and beyond the primary purpose of making money. It
seems there isn’t an area of the law
Continued on page 6
The Bar Tab - September 2010 - Page 5
After-hours Attorneys:
Law Library News
Alden E. Miller Law Library of Clackamas County
821 Main Street
Mailing: 821 Main St., Room 101
Oregon City, Oregon 97045
(503) 655-8248, [email protected]
www.co.clackamas.or.us/lawlibrary
Law Librarian, Jennifer Dalglish
Shelf Life
Remember there are
three conference
/reading rooms available for your use. The
keys are located under
the wall clock behind
the front desk. Don’t
forget your cardkey.
New Materials
Our long-time, part-time Library Assistant, Jon
Brenner has taken a full-time position with the
Marion County Law Library. After an intense interview process, we have hired Diane Howell to fill
the vacated part-time Library Assistant slot. You
may recognize Diane, as she has been an on-call
temporary employee here with us for over two
years.
BOOKS: Since 2008, she has also
served as an on-call Library
Assistant at the Washington
County Law Library. Mrs.
Howell received her master’s
degree in library science from
Emporia State University in
2007. She also holds a master’s degree in biology
teaching and has an intense
interest in molecular biology
and technology. Diane’s primary duties here will
include general reference assistance for attorneys
and non-attorneys, collection maintenance,
assisting the Law Librarian, and technological
maintenance and assistance, as well as general
legal research assistance.
Federal Regulation of Real Estate and Mortgage Lending 4th w/release Diane began permanent employment with us on
August 23rd. Please remember to help us in
welcoming Diane to our team next time you’re in
the Law Library!
Jennifer
Causes of Action, 2d, v. 44 Corpus Juris Secundum Table of Cases & 2010 pamphlets Ethical Oregon Lawyer, 2006 Federal Jury Practice and Instructions‐Criminal Jury Federal Practice and Procedure, v.6 & 6a, v. 14AA w/pamphlet Oregon Council on Court Procedures 2005‐07 Biennium Legis‐
lative History & 2007‐2009 Biennium Legislative History Oregon Human Resources Manual Oregon Appellate Reports, v. 233 Model Policies & Forms for Oregon Employers Wages and Hours; Guide to ADA & FMLA Employment Verification‐An Employer's Guide Pacific Reporter, 3d, v. 224 Thomson on Real Property, v. 13 2010 United States Code Annotated T‐10 850‐E, 12 volumes Washington Practice: Methods of Practice, v. 1, v. 1A, v. 1B, and v. 1C CLEs 2010 Annual Employment Law Update Green Business Law: Risks, Regulations, and Realities The Bar Tab - September 2010 - Page 6
Continued from page 5
he hasn’t explored. His legal experience spans the
spectrum from litigation to appellate work, from family law to environmental law and a little bit of everything in between. He has even taught a course on
mining and mineral law at Lewis & Clark School of
Law.
court (not as “opposing” counsel) and not to take
yourself too seriously!
As for himself, Phil says that retirement is not in his
vocabulary. He takes an immense amount of pride in
his two sons and is currently planning a trip to Yosemite to celebrate his oldest son, Chris’s, wedding to Natalia Toro. Both Chris and Natalia are theoretical
As part of the OSB Mentoring Program, he enjoys
physicists who, among other activities, are involved
talking to newer attorneys about his experiences
with the CERN Project in Geneva, Switzerland. His
within the profession. His credo is 1) hard work and
younger son, Matt, attends Clackamas Community
perseverance are the keys to achieving any goal, 2)
College. Five years from now, the eclectic man
protecting and nurturing our children and our environknown as “Skip” to childhood friends and family
ment are life’s most noble goals and 3) success is the
hopes to still be living life to the fullest – working,
pursuit of these goals. The advice he would give to
writing and enjoying his family.
new attorneys would be to always refer to other attorneys as your fellow “colleagues” both in and out of
The Bar Tab - September 2010 - Page 7
Judicial Profile: Katherine Weber
by Jack Lundeen
Plan
to be
on
time,
but, as
with
most
courtroom
efforts,
Judge
As an attorney, Judge Weber loved trying cases and
Weultimately focused her practice on
criminal defense. Having been on the other side of the ber
underbar so long, she now looks forward to letting clients
stands
and their counsel have their day in court.
that
Judge Weber prides herself on being organized and
methodical. She values her working relationships with matters
prosecutors, her peers in the Clackamas County
don’t
defense bar, judges, and equally important, the
courthouse staff that makes the system work smoothly always necessarily move along as quickly as
anticipated – especially when each matter is given the
for all of us. (She has brought her staff to the
needed attention to detail.
Clackamas County Family Law Group lunches, and
paid for them!)
The biggest surprise since taking the bench - That so
many people would stop using my first name.
When she spoke to the CCFLG, she was asked to
share with us some of her expectations about what
What I like in lawyers is - When lawyers are civil,
attorneys would expect in her courtroom. First of all,
professional, and courteous to each other, the litishe observed that we could expect her to be prepared.
gants, and court staff.
Send courtesy copies of your trial memoranda to her
(and adverse counsel), and you can expect that she
will have informed herself about the case, and the law, What I find difficult in attorneys is - When they are
as much as she could in the 15 hours we generally get not prepared.
in Clackamas County between the time the case is
assigned and the kickoff.
Probably as a result of being the wife of a civil
attorney with the Portland firm of Bodyfelt, Mount,
Expect to be heard. After many years in “the
and more as a result of being the mother of an 11-year
trenches,” Judge Weber appreciates and expects
old son, Alex, Judge Weber strives to maintain
everyone in the judicial process be treated with dignity
balance between family, her legal career, and herself.
and respect. She understands that for many in the
legal process, this may be their only contact with the She is also training to run her first half-marathon later
this year, and plans to tackle a full marathon in the
judicial system. She believes they each deserve the
spring.
undivided attention of the court and its many
participants.
Judge Katherine "Kathie" Weber left the family law
firm of Gevurtz, Menashe, Larson and Howe, in 2001
and came to Oregon City to start her own office.
In 2009, at the encouragement of her peers, Judge
Weber sought to fill the vacancy left on the Clackamas
County bench when Judge Selander retired. Facing
off against a strong field of 14 well-qualified
candidates, Judge Weber passed through and was
ultimately appointed by Governor Kulongoski in J
anuary 2010.
The Bar Tab - September 2010 - Page 8
Miracle in the Mist - Healy Captures 2010
Golf Championship!
by Sports Commissioner Peterson
Special courtesies
go out to our wonderful sponsors
who provided support and great
prizes. Our premier sponsor, US
Bank, as always
helped our organization with generous contributions.
Our newest sponsor is the new
popular gathering
spot opposite the
court, The Verdict. Doug Lee of
Zeppos restaurant
in Lake Oswego
Healy’s crew incontinued its generous sponsorship even though a fire
cluded Bill “Flatstick” Golden, Steve Mygrant and
Brett “the Hack” Johnson and stunned the field with a claimed several months of operation. As an aside, the
fire-induced remodel is gorgeous. McCormick and
blistering 62. Golden also blindly nailed a 30 foot
snake on number five to claim the best putt prize of a Schmick’s, now just “M & S”, added its support to the
field. We also need to thank the firm of Gearing,
new Cleveland Launcher 460 driver.
Rackner and Engel who forewent their foursome reThe Clackamas County Bar’s premier sporting event turn rebate in favor of granting free-play passes to deheld on June 11 at the beautiful Stone Creek venue
serving CCBA members…”well struck.”
brought together a journeyman field of 70 golfers under gray skies and cool temperatures. Defending
champions, Steve Maurer and Larry Wobbrock
See you next year! - Hootie
teamed with Mari Miller and Shelly Perkins to welcome all challengers but posted a tepid 69 on the
scorecard. M&M also brought home prizes for a long
drive and a KP.
Do you believe in
miracles? After decades of wandering in
the wilderness and
constant tinkering
with lineups and
equipment, Scott
Healy is a bridesmaid no longer.
Skipper Healy finally accomplished
his dream of winning the 33rd Annual
CCBA-DJ Open,
taking home the coveted purple urn and
engraving his name
into immortality.
Tournaments throughout the area have suffered from
greatly reduced attendance and cancellations because
of 2010’s insufferable spring weather. The Clackco
gang managed to generate a respectable field but looks
forward to 2011 reinvigorating the assemblage with
aggressive recruiting, intimidation and empty promises.
The Bar Tab - September 2010 - Page 9
The Bar Tab - September 2010 - Page 10
Fun in the Sun at the 2010 Summer Picnic
by Treasurer Andrew Cole
Thanks once again for the gracious hospitality of the
Steve Kellys, the 2010 Summer Picnic held on July
31st was a big success. Months of diets, clean living
and abstinence (never a strong suit in the CCBA) were
laid waste by the onslaught of Buster's brisket, potluck
contributions and a staggering dessert buffet.
LOWE MEDIATION
Experienced & Effective
•
Over 20 Years Judicial Experience.
•
Hundreds of Cases Settled.
111 Ogden Drive Oregon City, OR 97045 503‐459‐2565 [email protected]
Mercifully, the jacuzzi and trampoline were primarily
inhabited by attending children under the age of
twelve. The badminton court, however, was not so
lucky. This is a great event. Mark your calendars for
next year!
The Bar Tab –September 2010 - Page 11
The Bar Tab - September 2010 Page 12
MEDIATION
SERVICES
ROBERT R. SELANDER
21 Years Judicial Experience
Experience ~ Integrity
P.O. Box 2022, Lake Oswego, OR 97035
(503) 313-3652
[email protected]
The Bar Tab - September 2010 - Page 13
Want to brush up on your
Spanish?
A small group will be meeting with a Spanish
tutor at 12:15pm on the first Monday of each
month at Cypress in Oregon City beginning June
1st (820 Main Street, Oregon City, (503) 3875914). Cost is $5 (cost does not include lunch).
Come join us for casual Spanish conversation.
For more information, contact Angela Laidlaw at
[email protected].
Announcements & Advertisements
OREGON CITY OFFICE – John Henry Hingson
III has an office available in his building at 409
Center Street, Oregon City. Close to elevator; off
-street parking; law library; conference room;
share copier, fax, etc. with three other lawyers. (503) 656-0355.
Stahancyk, Kent & Hook is pleased to announce
the promotion of Clackamas County native
Deanna L. Rusch to its Vancouver branch. She
will practice as the Lead Attorney in Vancouver
and her area of focus is family law.
WEST LINN 1, 2, or 3 Class A exterior offices
(10 x 13 each) available within congenial law office conveniently located just off I-205 at 10th
Street Exit. Includes receptionist, use of copier,
high speed internet, free parking for staff and clients, and access to conference rooms.
$495.00/mth. Additional secretarial services including telephone answering and typing negotiable. Contact Karen at 503-655-7199.
c/o Clack. Co. Law Library
821 Main St., Room 101
Oregon City, OR 97045
www.clackamas-bar.org