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Posted on: Jun 11, 2019

As my term as president closes, I have been asked repeatedly if it went as I wanted or if I achieved my goals. In review of the past year, there was no one concrete project I could point to that was created or implemented solely under my leadership. I was able to help incubate new programs and assist in continuing in the development and advancement of other programs. That said, I believe I achieved my goals and am happy with the way the year has passed.

I started the year wanting to amplify voices from the margins. I wanted us, as the Portland-area legal community, to listen and engage in topics that affect us. I wanted to focus on topics that are not usually discussed in legal “professional” circles. Topics that are difficult, uncomfortable and sometimes painful. I think we have started that conversation and hopefully we will continue it into the future.

With respect to the MBA Board, we started our term with a daylong retreat where our Award of Merit recipients, Kasia Rutledge and Rakeem Washington, guided us in exploring racism and how we as a board can be more inclusive. We expanded the training to our committee chairs and also included a “nuts and bolts” training. This was done with the understanding that our committee chairs are an integral part of the MBA and help set the tone at meetings and events. On a personal level, these trainings have been very useful in understanding where and how I stand in this world and what I do with my position. None of us are immune from mistakes, none of us are immune from our privilege, and none of us are immune from the risk of ignoring, not understanding, or marginalizing others. Even if we are members of a marginalized community, we are still not immune. We all can benefit from stopping, listening, and trying to hear and understand how people have lived their own experiences, especially when it is uncomfortable for us. 

The MBA Equity, Diversity and Inclusion Committee has been very busy. The MBA Bar Fellows Program has its first class. The fellows have already met with their firm sponsors and judge mentor and are starting their summer paid internships. We are excited to continue supporting the fellows and hope to expand the program and welcome many classes in the years to come. We have also continued our LSAT Scholarship Program and have awarded more scholarships to assist aspiring attorneys in paying for an LSAT prep class. 

The Public Service Committee has been busy assessing where the MBA and MBA membership can concentrate its efforts to assist our community. The committee is working with our judiciary and the Multnomah Bar Foundation to provide services to the public in our new courthouse which will be open in the late spring of 2020. A tour of the new courthouse construction site highlighted the efforts taken to make it an open, inclusive space that caters to the needs of our community. The technology features for attorneys are also pretty terrific. CourtCare, an MBF project that is close to a lot of people’s hearts, will have a new space in the courthouse and will be able to serve twice its current capacity in three times the space. A special thanks to the MBA Events Committee, which has put on several fun and well-attended events to support CourtCare. I extend heartfelt appreciation to all who have contributed to this program and to all those who have worked on making our new courthouse a reality.

All the MBA committees have been active this year. We have continued the Solo and Small Firm Committee’s efforts to provide solos and small firms with inexpensive CLEs and trainings aimed at growing and sustaining their business. The CLE Committee has put forward numerous seminars on a wide spectrum of topics. The Professionalism Committee has presented panels about professionalism. The Court Liaison Committee continues to meet with the Multnomah County Presiding Judge to share information and keep the channels of conversation open. The Judicial Screening Committee has had its hands full vetting candidates for a number of judicial and pro tem openings. 

The MBA, other than for our amazing staff, is made up entirely of volunteers. Service on the board and the committees is a great way to serve our community, meet new people, make friends, and expand and improve your practice. I highly recommend it. I am grateful for the support I have received since my first day of volunteering. When my term as president concludes and I become a past president, I will continue serving in a volunteer capacity on one of the committees. I am looking forward to seeing what the new year will bring with Sarah Radcliffe as our incoming president, and our incoming board.

Posted on: Jun 4, 2019

New applications are now being accepted through June 21st, 2019 for the vacant Oregon seat on the Ninth Circuit Court of Appeals.
 
Interested applicants should send a letter of interest, resume and completed application found here to the attention of Elise Downing in Senator Wyden’s office by the June 21st deadline.
 
Finalists will be chosen by the Oregon judicial selection committee and will be forwarded to the White House for consideration.  This is a continuation of the process that began in September 2017.
 
Please contact Elise Downing in Senator Wyden’s office (503-326-7525, Elise_Downing@wyden.senate.gov) if you have any questions.

Posted on: May 27, 2019

Effective January 1, 2016, the Oregon legislature adopted ORS 112.238, which provides for an exception to will execution formalities. In effect, the statute adopts the doctrine of harmless error. The statute provides that a writing may be treated as if it complies with the formalities of a will’s execution, such as the signature of two witnesses, if certain requirements are met. Most importantly for the purposes of this article, the statute requires notice to certain “interested persons” and an affidavit supporting a finding that the decedent intended the writing to be his or her will.

Supporters of this change to the law saw it as a means for judges to determine the writing’s validity based on the decedent’s intent rather than their compliance with legal formalities. Those who opposed the revision raised concerns that the harmless error doctrine would cause a significant increase in litigation and would undermine the purpose of will formalities, i.e. to avoid the probate of fraudulent writings. As to the former concern, at least in Multnomah County, we have not seen a significant rise in “harmless error” litigation. Court staff estimate that we have seen fewer than 30 “harmless error” filings per year and have had fewer than five contested hearings since the statute was enacted. As to the concern relating to fraud, it is important to emphasize how the statutory framework is designed to avoid invalid writings being treated as a decedent’s true testamentary wishes.

Perhaps the most important protection is that the proponent of the writing must give notice to “interested persons,” who then have 20 days to file an objection to the petition. ORS 112.258(2). An “interested person” includes an heir of the decedent (i.e. people who would receive property if there were no will), any devisees of the “will,” (i.e. people who receive property under the terms of the writing), and any person asserting an interest in the estate, including anyone who is a devisee of a previous will. See ORS 113.035(5), (7), (8) and (9). Thus, the people with an interest in challenging the admissibility of a writing that was fraudulently created or was not intended to be a will have an opportunity under the statute to challenge the admissibility of the writing.

Another protection that is built into the law is that a judge is required to make a finding, based on clear and convincing evidence, that the writing was intended by the decedent as his or her will. ORS 112.238(4). The judge may make the finding after a hearing or based on affidavits. ORS 112.238(2). In either scenario, attorneys need to keep in mind what they are required to prove.

As the report by the Oregon Probate Code Work Group to the 2016 amendments to the probate code indicates:
In order to establish the decedent’s intent by clear and convincing evidence, the proponent of the document should have more evidence than simply the document itself. A piece of paper and an authenticated signature should not be sufficient to show the decedent’s intent. Additional evidence could include evidence of the circumstances of the creation of the document, testimony of people who heard the decedent discussing his intent to execute a will, testimony of people who saw the decedent prepare or sign the will, or other documents prepared by the decedent that described the will. Any circumstances that suggest fraud in the creation of the document will, of course, lead a court not to admit the document as a will.

Under the probate code, there is a strong argument to be made that simply presenting a writing with an affidavit asserting that the writing is the decedent’s will is not sufficient to demonstrate that the decedent intended the writing to be his or her will. If that were all that was required, the drafters could have approved of the admissibility of holographic wills.1 In summary, here are the Tips from the Bench:

  1. Be broad in your notice to “interested persons.” If a writing is admitted and a potential “interested person” has not been notified, then the 20-day period to file an objection to the petition does not commence against that person. In addition, if a person is notified and does not raise an objection in the 20-day period, they are precluded from contesting the lack of compliance with formalities of execution. ORS 112.038(4)(b).
  2. Submit your writings with affidavits that provide a basis for the judge to make his or her findings relating to the intent of the testator by clear and convincing evidence. You should include specific findings in the form of judgment you submit. Submitting a “statement of wishes” with an affidavit asserting that the statement is a will may not be enough.


Judge Henry began serving as the Chief Probate Judge in Multnomah County on January 1, 2019.

1 After Judge Henry submitted this article for publication, the Court of Appeals handed down Deaver v. Culver, 297 Or App 21 (2019). The Court in Deaver makes clear that the testator’s intent is evaluated as of the time the writing is created. In addition, the Court states that “the clear and convincing standard requires more than presenting the document itself or the document and an authenticated signature.” Id. at 27. Finally, they cite with approval the language in the Work Group Report included in this article.

Posted on: May 23, 2019

“This shit doesn’t happen to white men.”

A 14-year-old boy leaves a performance at Carnegie Hall, brimming with excitement and possibility about his own future as a classical guitarist. Moments after walking out of the theater, he is surrounded by police officers, thrown against the hood of a police car, and held at gunpoint.

A teacher passes a slowmoving car while on his way home. When the car speeds up towards his rear bumper, he speeds up to gain some distance. The car closes the distance. Upon stopping at an intersection, he is surrounded by undercover police cars, pulled from the car, and thrown to the ground. Guns are drawn and pointed at his head. “Don’t move or I will blow your fucking head off.”

A young woman is being strangled by her boyfriend. She can’t breathe. She hears the police arriving, and he stops. The police arrive and he composes himself. He talks to them. Afterward, they turn to her, and her relief evaporates when they grab her arms to place them behind her back. She reacts with surprise and gets thrown to the ground, multiple grown men piling on top of her. She can’t breathe.

“I am tired of feeling so grotesque.”

When Kevin Jones, the director of The August Wilson Red Door Project’s presentation of Hands Up, introduced the special performance to the judges and staff of the Multnomah County Circuit Court, he admitted that he was initially afraid of doing the show in Portland. He began to explain why, but stopped and said, “You’ll find out soon enough.”

What followed was a raw, provocative performance that did not feign any niceties about the “lie that America doesn’t want to wake up from” - the lie of the superiority of white skin. It did not feel like your typical diversity training.

The performance, consisting of seven monologues written by six black men and one black woman, was part of the Multnomah County Circuit Court’s effort to address issues of equity and fairness in the court system. It was introduced by Judge Katherine von Ter Stegge, Cyndi Jefferson, and Roger Rand, members of the court’s Diversity and Equity Committee.

The committee, created in 2015 by Trial Court Administrator Barbara Marcille, includes judges and court staff and was formed to explore and address diversity and equity within the court’s workforce as well as to improve fairness for the public. The court began its educational and training outreach with a showing of the film “Cracking the Codes: The System of Racial Inequity,” a film which is now a standard part of new employee orientation at the Multnomah Circuit Court. They have since provided courtwide trainings for staff and judges on topics including implicit bias, trauma informed practices, the #MeToo movement, institutional equity, and procedural fairness. A continuing lunch and learn series has featured dozens of speakers from different ethnic and cultural segments of the community to offer their perspectives on these issues to members of the court system.

This effort comes in the context of a national conversation about racial inequities and institutional bias. The increasing proliferation of surveillance and body cameras has begun to provide repeated, graphic accounts of violence inflicted by law enforcement on people with black skin. This has helped bring to the surface long-simmering racial tensions in a country founded on principles of equality and justice but also within the context of brutal systems of colonization and chattel slavery.

It also comes amidst an increasing recognition of Oregon’s own history of colonial white supremacy, and of the fact that some of its remnants remain in our justice system. Writing from the bench in 2016, then Multnomah County Circuit Court Judge Bronson James described clearly how during Oregon’s founding and early history, explicit steps were taken to protect a “free white society” from the threat posed by “potential black-incited Indian uprisings.”1 A repeal effort of Oregon’s constitutional provision banning black people from the state was defeated by voters five times between 1900 and 1916 before the provision was removed from the Constitution in 1927. The 20s and 30s featured a resurgence of racial animosity and resulted in new laws and regulations aimed at diminishing the voice of minority Oregonians in our communities, including, as Judge James found, a nonunanimous jury system.

Hands Up did not address Oregon’s history specifically, but it did not pull any punches in addressing the black community’s perspective on how its members can be treated by the justice system. It was an uncensored and deeply personal exposition of, as Jones put it, “seven psyches of the African American Spirit.” It was designed to make the listener - especially the white listener - uncomfortable mentally, emotionally, and physically. It’s difficult to describe the sensation of having defense mechanisms I didn’t realize were there activated and meticulously prodded for two hours while surrounded by court staff and judges.

In his opinion in Williams, Judge James wrote that “[n]either the parties, nor the public, are served by attempts to marginalize the realities of a past that today we find uncomfortable or unpleasant.” In welcoming Kevin Jones and the cast and crew of Hands Up into the courthouse, the leadership of the Multnomah County Courthouse proved they are not afraid of welcoming and acknowledging the uncomfortable and unpleasant realities regarding race that remain in the present. It was a challenging, and ultimately expanding and heartening experience.

Posted on: May 21, 2019

What do “Modern Family” star Sofia Vergara and Portland real-estate developer Jordan Schnitzer have in common? They are both entangled in ongoing legal disputes resulting from assisted reproductive technology (ART). Assisted reproduction law is a rapidly-growing area which touches on issues from family law, to estate planning and contract drafting. And the headline-catching disputes are often complicated affairs both legally and morally, sometimes leading to expensive, seemingly endless litigation.

On May 30, Beth Wolfsong, of Wolfsong Law PC, will present a CLE entitled “Marriage, Divorce, and Alternative Paths to Parenthood” as part of the YLS Contract Drafting CLE series. Wolfsong has many years of experience with family law contracts and her practice now focuses on the area of assisted reproduction law. Interested to learn more about this area of law, I asked Wolfsong how she got started in the field, what challenges this area of practice presents, and if she had advice for new practitioners who are interested in ART.

Wolfsong became interested in working with ART as an outgrowth of her work with same-sex couples and “family formation law was a big piece of that.” When she was new to the field she relied heavily on other attorneys, because CLE resources on the subject were sparse: “There is not a lot of CLE material out there, especially not at the time. Eventually - with some gentle nudging by one of my mentors - I applied and was accepted as a Fellow in the Academy of Adoption and Assisted Reproduction Attorneys (AAAA). That gave me greater access to CLEs (we have two CLE conferences every year) and a wider group of colleagues working in this field.”

Wolfsong enjoys practicing assisted reproduction law because it offers both intellectual and emotional rewards. “The fact that the law around ART has been slow to catch up to the science/medicine is fascinating and challenging. It requires an always-on-your-toes approach, and each case can present totally unique issues.” While there are elements of ART contracts that every contract drafter knows, “recitals, representations, consideration, breach provisions, etc.,” these contracts also involve “an extra element of emotion, caution, risk, and uncertainty,” due to their nature. Because of these challenges, Wolfsong thinks the most important skills for a practitioner in this field are “compassion, responsiveness, collegiality, and an ability to be a good advocate for your own client while also taking a balanced approach in the contract.” And while the cases where things go wrong dominate the headlines, Wolfsong notes that “for the vast majority of cases I’ve had, the people involved are really amazing, and develop really amazing relationships with each other (including respecting each other’s boundaries).”

So, what should newer attorneys do if they are interested in this field? Wolfsong encourages them to “not wade in without trying to learn as much as possible first” by attending as many CLEs as they can. “The AAAA midyear conference is open to everyone (e.g. you don’t have to be a Fellow). And the ABA includes sessions on ART during its family law conferences. What the CLEs do is not only give you materials and opportunity to learn, but you can meet other colleagues working in this area. Finding colleagues and working cases with them (either as “of counsel,” as a mentee, or as an opposing counsel) is a great way to learn, too.” If you are interested in this area, Wolfsong’s upcoming CLE - which will give a broad overview of ART contracts, along with other family law contracts - is a great place to start your studies.

Posted on: May 16, 2019

Presiding Judge’s Report and Courthouse Update – Judge Stephen Bushong
Judicial Appointments

Governor Brown appointed Amy Baggio and Heidi Moawad to the Multnomah County Circuit Court.
Amy Baggio took the bench on April 8, filling the vacancy created by the retirement of Judge Marilyn
Litzenberger. Heidi Moawad started April 29, and filled the vacancy created by the retirement of Judge John Wittmayer. It is anticipated that the Senate may act on the appointment of Judge Karin Immergut to the federal district court in May. Governor Brown also announced her intention to appoint Steffan Alexander to replace Judge Karin Immergut.

Budget
Chief Justice Martha Walters submitted a comprehensive budget, Senate Bill 5513, to begin restoring some of the court’s funding that has been lost over the last 10 years. The funding authorized by the legislature in 2017 left 80 FTE positions in OJD unfunded. The Chief Justice’s budget requests (1) funding for the 80 FTE positions, and (2) restoration of another 97 FTE positions to support problem-solving courts and to allow courts throughout the state to provide public access eight hours per day. Currently, the OJD has 215 fewer employees than in 2007, in spite of a state population increase of over 10 percent in the past 10 years. In addition to the need for adequate staffing, the OJD also needs more judicial positions to do the work of the court effectively. The National Center for State Courts conducted a judicial workload assessment study for Oregon, which concluded that Oregon needs about 40 additional judges. The Chief Justice’s budget requests funding for 14 additional judicial positions across the state.

The budget proposed by the Co-Chairs of the Ways and Means Committee does not restore any of the unfunded FTE positions to the OJD. Instead, the Co-Chairs’ proposed budget assumes that no additional revenue will be available and calls for a $41 million reduction from current OJD service levels. The Chief Justice and others are working hard to explain the critical nature of the requests in OJD’s budget, and we are still early in the budget approval process. The judicial branch’s initial presentation to the Joint Public Safety Subcommittee of Ways and Means was held April 1-4, and there will be additional opportunities for testimony before Ways and Means. The final balancing of the budget typically takes place in June. The Chief Justice has not yet announced a plan for addressing any budget cuts if the legislature does not fully fund the OJD, but historically the Chief Justice has applied a formula to spread the budget cuts across the state courts.

The Chief Justice’s budget also includes the final funding needed for the new Multnomah County Central Courthouse. The court’s request is for $9.3 million to pay for the last of the expenses to make the court operational in the new building. This includes the technology and furnishings that get installed in the building after construction has been substantially completed, which can be bond-funded, as well as the cost of moving the court into the new building, which is a general fund expense. The court will not be able to open in the new building without this final allocation of funding. Judge Nan Waller and Trial Court Administrator Barbara Marcille have been taking the lead on advocating for this final piece of funding for the new courthouse. Judge Waller and Barb have presented to several Ways and Means subcommittees, and continue to meet individually with members of the legislature.

The court appreciates the support it received from the MBA in collecting anecdotal evidence from litigators and clients regarding the importance of the court system in their lives and businesses.

UTCR and SLR Rules Update
The UTCR Committee approved two new rules at its March 8 meeting; the new rules will be effective on August 1. Both changes were recommended by the Civil Justice Improvements Task Force. The UTCR changes are posted on the OJD website.

  • UTCR 5.150 (amended): This rule was renamed from Expedited Civil Jury Cases to Streamlined Civil Jury Cases. It provides for a “date certain” trial date for streamlined cases and eliminates the discovery limitations - such as the limit on depositions - and other issues that had previously been raised by the bar.
  • UTCR 5.180 (adopted new rule): House Bill 2356 (2017) established requirements for legal actions filed by debt buyers (or by debt collectors acting on their behalf) to collect on purchased debt. The UTCR specifies procedures for complying with the new legislation, and also requires plaintiffs to include certain identifying information in the case caption to aid the court in identifying and tracking consumer debt collection cases.

The court is in the process of updating the Supplemental Local Rules. The court is taking suggestions from the bar, which must be submitted by May 15 to Judge Bushong and Barb Marcille. The new SLRs will go into effect February 1, 2020.

Addressing Diversity and Equity
On April 12, the court hosted a production for judges and court staff of “Hands Up!” by Portland’s Red Door Project. The production consisted of seven powerful and deeply personal monologues exploring the experiences and feelings of black individuals in the wake of the events in Ferguson, Missouri. This presentation at the courthouse was made possible by an OSB Diversity and Inclusion grant and the efforts of the court’s Diversity and Equity Committee.

Posted on: May 13, 2019

New directors for the three-year terms which begin June 1 are:
Jaqueline Alarcón is an associate at Yates Family Law PC. Her practice focuses on divorce, property division, spousal support, child custody, child support, parenting time, post-divorce modification and enforcement of judgment. Jackie currently serves on the Judicial Screening Committee. Her involvement with the MBA includes co-chairing the YLS CLE Committee as well as being selected as the YLS Rookie of the Year in 2014. She currently serves on the Oregon Women Lawyers Board of Directors and is the Vice Chair on the Board of Adelante Mujeres.



Nellie Barnard is an associate at Holland & Knight. Her litigation practice includes representing clients in employment matters, complex business disputes, financial services litigation, and legal ethics. Nellie currently serves as the chair of the Professionalism Committee of which she has been a member since 2015. She also serves as a board member of the Federal Bar Association and is on the Associates committee for the Campaign for Equal Justice.


David Bean is a partner at Wyse Kadish LLP. His practice has focused almost exclusively on family law since 2001. David currently serves on the Court Liaison Committee. Previous service with the MBA also includes YLS President, chair of the Midsized Firm Roundtable, and chair of the Membership Committee. He also currently serves on the Oregon Family Institute Board of Directors, on the Campaign for Equal Justice Advisory Committee and on the Pro Bono Committee of LASO and the Oregon Law Center.



Ben Cox is the owner of Ben Cox Law, which he started in 2011. His areas of practice include personal injury and insurance coverage. Ben currently serves on the Solo and Small Firm Committee and previously served on the YLS Pro Bono Committee and the YLS Board of Directors. He has also served as a chair of the OTLA Motor Vehicle Section, OTLA New Lawyer Committee, and on the OSB Procedures and Practice Committee. He currently serves on the OTLA Board of Governors.


Holly Hayman is an associate at Leonard Law Group. Her practice focuses on bankruptcy and debtor/creditor rights. Holly is the 2019-20 YLS President and will serve as an MBA director during her term. Her MBA service includes past chair of the YLS Membership Committee, and YLS Board Liaison to the Professionalism Committee and the YLS Pro Bono Committee. She also serves on the Campaign for Equal Justice Associates Committee and the Legislative Committee of the Debtor- Creditor Section of the OSB.



Officers for the 2019-20 year:
Sarah Radcliffe will serve as President. She is the managing attorney for the Mental Health Rights Project at Disability Rights Oregon. This year, she plans to explore how the MBA can support and value the unpaid labor of caregiving, which so many of us do outside our paid working hours. And, she wants to build on the MBA’s practical strategies for advancing diversity, equity and inclusion in our profession.

Valerie Colas will serve as Treasurer. She is a deputy defender in the juvenile appellate section at the Office of Public Defense Services. Valerie said: “The MBA has been instrumental in my development as an attorney; it has given me the opportunity to give back to our legal profession and our community while forming meaningful and lasting connections. My service on the Board has been driven by my belief in creating a more inclusive, diverse and welcoming legal profession and my belief in helping those who are underserved. As an officer, I plan to continue to support the efforts of the MBA in helping to increase diversity and inclusion in our profession and ensuring access to justice.”

Emilee Preble will serve as Secretary. She is a Staff Attorney and Lead Underwriter for the OSB Professional Liability Fund. Regarding her work for the MBA, she says, “I feel lucky because my work with the PLF has afforded me the opportunity to work with many lawyers across our state. In a similar way, the MBA allows me to connect with and serve lawyers in the local community. Ours is a unique profession where we focus both inward on our legal community and outward on the broader community of the public we serve. The MBA allows me the opportunity to connect with lawyers from many facets of our profession to coordinate and develop projects that will have a meaningful impact on our local community now and for years to come.”

Also continuing on the board are: Rima Ghandour, Ghandour Law LLC, who will remain on the board as Past President; Paul Bovarnick, Rose Senders & Bovarnick LLC; Caroline Harris Crowne, Tonkon Torp LLP; Adina Matasaru, Matasaru Law PC; Seth Row, Miller Nash Graham & Dunn LLP; Krista Shipsey, Law Office of Krista Shipsey; and Jovita Wang, Richardson Wright LLP

Posted on: May 9, 2019

Have you heard of the Senior Law Project?
Legal Aid Services of Oregon’s (LASO) Senior Law Project (SLP) is a volunteer lawyer program where seniors can make appointments for a free 30-minute meeting with an attorney. Participants must meet eligibility criteria such as be 60 years or older (or married to someone who is 60 years old or older) and be a resident of Multnomah County. Volunteer attorneys at SLP help with civil legal matters, such as estate planning, consumer matters, and housing issues. Individuals who meet LASO’s financial standards are eligible for free ongoing legal services from volunteer attorneys. SLP operates out of nine locations in the Portland area.

Kathryn Gapinski, an attorney who volunteers with SLP, shared with us what a day in the life of a Senior law Project volunteer entails. Kathryn volunteers at the urban league of Portland’s Multicultural Senior
Center in northeast Portland. She chose that location because it’s the closest location to her house and Kathryn wants to help people in her neighborhood.

When Kathryn arrives at the Senior Center, she meets with Kashea Kilson-Anderson, the Senior Center Manager, who gives Kathryn a list of participants to meet with for the afternoon. Each volunteer shift is three hours on Tuesdays. Kathryn currently volunteers about every other week. However, SLP does not require a large time commitment. Attorneys can volunteer every few weeks, once a month, or even just a few times a year.

During each intake, Kathryn advises seniors on any number of concerns ranging from areas of law she has expertise in, such as estate planning, or areas that are new to her, such as housing or the Social Security Administration’s ability to garnish retirement benefits to pay student loans. During those meetings it is as if Kathryn is a lawyer of all trades because the individual’s matter may be in an area of law in which Kathryn is unfamiliar.

Volunteering is important.
Kathryn believes volunteering our time and skills is an important part of being an attorney. For those who are new to the practice of law, Kathryn encourages volunteering. You do not need to know every answer or be familiar with every area of law in order to help someone in a meaningful way. Sometimes this may be as simple as finding someone a referral. For more seasoned lawyers, Kathryn believes it is important to volunteer because those lawyers have much to offer.

Who is Kathryn Gapinski?
Kathryn Gapinski is a solo practitioner at Gapinski Law, LLC. She was born and raised in Wisconsin and attended University of Michigan, where she earned a bachelor’s degree in sociology. After graduating from the University of Michigan, Kathryn earned her juris doctorate from University of Wisconsin Law School in 2008.

Kathryn has worked in both public interest and private practice. Her first attorney job in Oregon was practicing family law at St. Andrew legal Clinic’s Hillsboro branch. Kathryn found her time there very rewarding, as she enjoyed helping low income individuals with family law issues and valued the collaborative working environment. Kathryn later clerked in the probate department of the Clackamas
County Circuit Court and turned her focus to estate planning, estate administration, and protective proceedings, working in private practice after leaving the courthouse. She opened Gapinski Law, LLC in December 2018 and continues to focus on estate planning, probate, trust administration, guardianships, and conservatorships.

Kathryn has remained immersed in public interest since transitioning to private practice. She has been volunteering with SLP since 2013. Kathryn has been involved with over 70 cases and has volunteered more than 95 hours.

Kathryn is not all about the law all the time. She is a big Portland Pickles baseball fan and is looking forward to the team’s 2019 season. Haven’t heard of the Portland Pickles? They’re a summer collegiate wood bat baseball team who play at Walker Stadium in Lents Park. In addition to rooting for the Pickles, Kathryn enjoys spending time with her husband, Erik, and their two dogs.

We thank you for your service, Kathryn.

Contact LASO at 503.224.4086 to learn more about how to get involved.

Posted on: May 6, 2019

 

It’s that time of year again when the Multnomah Bar Foundation calls on the Portland legal community to support its innovative and nationally recognized Multnomah CourtCare program!

CourtCare provides free, high quality, drop-in childcare for parents with court business. In turn, access to justice is increased (by removing the barrier of childcare for parents seeking assistance from the court) and the administration of justice is improved (by reducing distractions in the courtroom and reducing the number of reschedules and no-shows because childcare is not available).

We are one of the few jurisdictions in the country that provides this essential service.

In the words of Judge Katherine Tennyson “CourtCare is a service that every court needs.”

The Honorable Patricia McGuire is this year’s CourtCare Coach for Multnomah County’s Central Courthouse. She echoes Judge Tennyson’s sentiment and adds that “court is both stressful and important; no one benefits when children are present in the courtroom or when litigants are worried about their children. Because CourtCare provides high quality care for litigants with childcare needs, both problems are addressed.”

CourtCare will be open and ready to serve children at the new Central Courthouse the same day it opens its doors in Spring 2020! The new Central Courthouse will feature a new and improved space for CourtCare that is specially designed for childcare and includes separate napping and reception areas. The space is three times bigger than the current space and will have the capacity to serve twice as many children, and will have all new furniture, cabinetry, and toys (items currently in use will be donated to the East County CourtCare space).

CourtCare opened its doors in 2001 at the Multnomah County Courthouse and then expanded services to the East County Courthouse in 2015. In 2017, Marion County and Polk County launched CourtCare
programs modeled after Multnomah CourtCare called Mid-Valley CourtCare.

Multnomah CourtCare serves children as young as six weeks and as old as 10 years and, since opening, has served over 17,000 families. In addition to providing high quality childcare, CourtCare makes referrals to families for basic needs, housing, food, clothing and diapers, as well as mental health services and legal aid.

Parents consistently express gratitude for the program:
A parent in January 2019 expressed that “I am so thankful that my kids didn’t just hear what I went through, they are already freaked out enough.” Another mom was able to support her husband because of CourtCare. She stated, “I wanted to be with my husband for his sentencing and had no other place for our baby to stay.”

Kids love the program, too!
One happy customer reported: “I love all the cows, you always give me oranges and crackers, and I only get oranges here. I love oranges.” Another expressed that “this is my best place to go.”
In total, CourtCare is a win for parents, a win for kids, a win for the court, and a win for justice.

Without the generous financial support of Portland’s legal community, CourtCare would not be possible. It is time to kick off the 2019 CourtCare Campaign which runs from April 29 through May 17. This year’s Campaign has a goal of raising $100,000. We need your help to meet, and exceed, that goal.

Please help broaden the gates of justice with your donation. We are counting on you.

Donations are made to the MBF and are tax-deductible. To learn more about CourtCare please contact me, Sarah Bond, at sarah@zimmer-law.com or 503.295.6191. Also, please make a donation by mail, or visit www.mbabar.org/courtcare to make a donation online or to view a brief video about CourtCare.

On behalf of the MBF Board, thank you for your consideration and for supporting this essential, innovative, and life-changing program.

Posted on: May 6, 2019

Governor Kate Brown announced on May 6 that she is accepting applications for a judicial vacancy on the Multnomah County Circuit Court created by the planned retirement of Judge Maureen McKnight, which takes effect May 31, 2019. The judge appointed to this position will be assigned to the Multnomah County Circuit Court’s Family Law Department. Read the full news release.

Interested applicants need to submit judicial application forms to Misha Isaak, Office of the Governor, by 5 p.m. on Monday, May 27, 2019. Forms emailed by 5 p.m. on the closing date will be considered timely if the original signed forms postmarked by the closing date are later received. Please note that the judicial interest form has been updated.

Mail or deliver completed judicial application forms to:
Misha Isaak
General Counsel
Office of the Governor
900 Court Street NE, Ste. 254
Salem, OR 97301-4047

NOTE: Judicial applicants will be invited to participate in the MBA Judicial Screening Process and should submit the MBA Application for Judicial Vacancy to Pamela Hubbs by 5 p.m. on Monday, May 27, 2019.


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