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Inside
Focus on Service
Constitution Day: Rise of the Next Generation
Youth Law Days
Stability in the Midst of Change
and more...
In this issue
President’s Message............................................................................ 3
On Leadership and Those Who Lead
Chief’s Corner..................................................................................... 4
Focused on Service
Constitution Day................................................................................. 5
Rise of the Next Generation
Youth Law Day & The Intellectual Property Youth Law Day............ 6
The 2018 Annual FBA-WDWA District Meeting & CLE......................... 8
Civil Liberties and Upholding the Rule of Law
The Honorable Marsha J. Pechman............................................................... 9
A Lifelong Adventurer and Leader
The Honorable Robert S. Lasnik................................................................... 11
Justice Shaped by Experience
The Honorable James L. Robart................................................................... 12
In Service of the Western District of Washington, the Northwest, & Beyond
The Honorable Paul B. Snyder....................................................................... 14
From the Bench to the Sea, A Life of Service and Adventure
The Honorable Karen L. Strombom............................................................ 15
Doing the Right Thing
The Honorable Dean Brett............................................................................. 17
Retired Magistrate Judge Dean Brett says, “Call me Dean”
Joanna Plichta Boisen.................................................................................... 19
Recognition for Extraordinary Pro Bono Service
Stability in the Midst of Change.................................................................. 20
On the Cover: The Federal Bar Association Newsletter is a publication of the Federal Bar
Association of the Western District of Washington. Comments and proposed
Chief Judge Richard S. Martinez with
articles should be addressed to:
Judge James L. Robart, addressing the
Federal Bar Association of the Western
District of Washington. Christopher Emch Adrienne McKelvey
Foster Pepper PLLC Polsinelli
1111 Third Avenue, Suite 3000 1000 Second Ave., Suite 3500
Seattle, WA 98101 Seattle, WA 98104
206.447.8904 206.393.5414
chris.emch@foster.com adrienne.mckelvey@polsinelli.com
President’s Message
By Cynthia Jones
Summer 2018 3
Chief’s Corner
By Chief Judge Ricardo S. Martinez
Focused on Service
Dear Bar Members: federal courts while usually hearing a
reduced number of cases. We should
Late spring and early summer are
take note that Senior Judges are eligible
traditionally a busy time for the Court.
for retirement with full pay but they
However, this year is shaping up to be
continue to work—most in a part time
one of the busiest in memory. As anyone
capacity, but many full time—without
practicing in this District knows by now,
additional compensation. According to
it has been well more than two years
statistics gathered by the Administrative
since the Western District of Washington
Office of U.S. Courts, Senior Judges
has operated with a full bench. Our
typically handle about 15 percent of the
Court currently has three active District
federal courts’ workload annually. In our
Judge vacancies out of seven total active
District however, our Senior Judges are
judgeships. Two of those judgeships
currently handling approximately 44
have been vacant for 28 months, and the
percent of our current workload.
third judgeship has been vacant for 24
months. It remains unknown when our What does this mean for the months
three judgeships will be filled. ahead in this District? It is our hope
that we will soon have well-qualified
nominees that are considered and Chief Judge Ricardo S. Martinez
“Our Court has remained appointed to fill our vacancies. With
focused on providing the same those positions filled, our Senior Judges public service. District judges make a
will be able to scale back their caseloads. difference every day, and leave a lasting
level of service it has always If this does not occur in the near future, legacy, by making our society more
provided, with timely decisions litigants may see trials being scheduled fair and just. That sense of civic duty
18-24 months from the date of filing, is evident in the many ways that our
and hearings.” unlike our current 12-16 month trial district judges give voluntary service, in
calendars. addition to their usual responsibilities, to
the courts and their country.”
Despite this, our Court has remained The work of the federal courts touches
focused on providing the same level upon many of the most significant issues I am privileged and honored as Chief
of service it has always provided, with affecting the American people, and Judge to thank our Senior Judges, all of
timely decisions and hearings. Although federal judges exercise wide authority the active Judges, court staff and judicial
we are currently rated as the 25th busiest and discretion in the cases over which personnel for their continued excellence
Court out of 94 Districts, and we are they preside. The job is not an easy one. and dedication to the Western District of
one of eight Districts considered by the It’s taxing in many ways, even for the Washington.
Administrative Office of the Federal best and brightest among us. As Chief
Courts to be in “judicial emergency”, Justice John Roberts wrote in a recent
we were recently rated as the 5th most State of the Judiciary address: “You Ricardo S. Martinez is the Chief Judge of
efficient Court in the judiciary. might be asking why any lawyer would the United States District Court for the
want a job that requires long hours, Western District of Washington.
How have we been able to achieve this?
exacting skill, and intense devotion –
It is only with the help of our Senior
while promising high stress, solitary
Judges, who continue to provide a
confinement, and guaranteed criticism.
valuable service to our District by taking
There are many easier ways to earn a
substantial caseloads. Since 2012, our
living. The answer lies in the rewards of
Court has seen between 3800 and 4500
new cases filed each year. Without our
Senior Judges retaining their caseloads, “District judges make a
these cases would languish. To our Senior
Judges, I, and the other three remaining difference every day, and
active Judges in Seattle and Tacoma,
offer enormous thanks. leave a lasting legacy, by
As most of you know, Senior Judges making our society more fair
are Article III judges who, having met
eligibility through age and service
and just.”
requirements, continue to serve on
The Federal Bar Association of the Western District of Washington’s “Constitution Day”
is a long-running two-part program for area fifth grade students to familiarize them
with basic constitutional principles and the workings of the United States District Court.
Judge Mary Alice Theiler leads the effort on behalf of the Court, and Roger Townsend has
managed the program on behalf of the FBA-WDWA for several years. This year, I had the
privilege of being appointed to chair the newly-formed Constitution Day committee of
the FBA-WDWA Board.
Although the Constitution Day
federal holiday takes place in
September, to commemorate when
delegates to the Constitutional
Convention signed the United
States Constitution in Philadelphia
in 1787, the FBA-WDWA’s
Constitution Day program is held at
various points throughout the year.
The program involves a classroom
visit from Judge Theiler and an FBA-
WDWA attorney to talk about basic
constitutional principles including
separation of powers, the role of the
Court, and the burden of proof in a
criminal case. After the classroom Theiler. During the mock trial, the excitement about the event.
visit, the students then spend a students play all the roles, including
half day visiting the Court. They In June, students from Orca
witnesses, attorneys, jurors and a
are given a tour of the building and K-8 School in south Seattle will
judge.
chambers, listen to a presentation participate. Special thanks to Judge
from the U.S. Marshal Service, In April 2018, students from Theiler, the U.S. Marshals and court
and engage in a mock criminal Emerald Heights Academy in staff for making this event so special
trial under the direction of Judge Bellevue took part in the program. for area students.
The students were very enthusiastic
participants, and especially enjoyed
Kymberly Evanson is a partner at
their tour of the cell block from
Pacifica Law Group LLP.
the Marshals and their work in
the mock trial. At the end of the
trial, they had the opportunity
to answer questions from Judge
Theiler about what they had learned.
Parent chaperones and students
alike voiced their appreciation and
Summer 2018 5
Youth Law Day
50 Students Enthusiastically Participate By Robert Flennaugh II and S. Kate Vaughan
In Seventh Annual Event
Seven years ago, the FBA-WDWA Criminal Law Committee and the College Success
Foundation joined forces to start Youth Law Day at the Federal Courthouse in Seattle.
The College Success Foundation works
in King and Pierce County school
districts to provide students with
support to finish high school and to
apply to and graduate from college.
Of the high school participants, 71%
of the students are low-income, 71%
are students of color, and 76% are
first-generation college students.
Youth Law Day is part of the program
that provides students with insight
into public interest law, court and law
enforcement job opportunities, and
the role of the justice system in civil
society. Since the inception of Youth
Law Day, the program has served over
300 students.
On March 23, 2018, 50 high school agencies and services, including
students from the Auburn and the FBI, DEA, Secret Service, Fish
and Wildlife, U.S. Probation Office, “Youth Law Day is part of
Highline School Districts spent the
day at the courthouse. The morning and the ATF, who brought a bomb the program that provides
disposal robot and bomb disposal
session included presentations from
gear. The U.S. Postal Inspectors did students with insight into
Judge Jones, Judge Coughenour,
Criminal Chief Tessa Gorman, a K9 demonstration of a package public interest law, court
Federal Public Defender Mike interdiction operation. In the and law enforcement job
Filipovic, Defense Investigator Stacey afternoon, the students participated
as attorneys and jurors in a mock opportunities, and the role
Brownstein, Court Interpreter Claudia
trial with Judge Jones presiding. of the justice system in civil
Both members of the United States
Attorney’s Office and Federal
society. Since the inception
Defenders served as coaches. of Youth Law Day, the
The students were enthusiastic and program has served over
fully engaged throughout, and post- 300 students.”
event feedback from the students was
very positive. In the future, because
of high student demand, the event
A’Zar, and Court Reporter Nancy organizers are considering adding a
Bauer. Additionally, the U.S. Marshals second Youth Law Day each year.
spoke about career opportunities and
demonstrated their gear including
a Taser. At lunch, law enforcement Robert Flennaugh II and S. Kate
officers gave presentations about Vaughan are Co-Chairs of the FBA-
career opportunities at several WDWA Criminal Law Committee.
Summer 2018 7
The 2018 Annual FBA-WDWA District Meeting & CLE
Civil Liberties and Upholding the Rule of Law By Thomas S. Linde
The 2018 Annual FBA District Meeting The morning program which was open The afternoon program which was
and CLE sponsored by the Ninth Circuit to the public addressed the issues open to members of the bar and to law
Lawyer Representatives was held presented by the Japanese incarceration students addressed the issues presented
on Friday, April 13, 2018 at Seattle cases and featured presentations by: in the coram nobis litigation in the
University. Inspired by a presentation Hon. Marilyn Hall Patel, Judge, U.S. 1980’s which vacated the convictions
at last year’s 9th Circuit Judicial District Court, Northern District of of Fred Korematsu and Gordon
Conference in San Francisco, this year California (retired); Karen Korematsu, Hirabiyashi and featured presentations
the annual meeting and CLE were Founder and Executive Director, Fred by the following members of the
expanded to include the participation of Hirabiyashi legal team: Camden
law students and the general public, in Hall; Rod Kawakami; Michael Leong;
addition to the judges from our district “During World War II, 120,000 and Sharon Sakamoto. In addition,
and lawyers from our association and the afternoon program included a
others. The agenda for the program was persons of Japanese ancestry presentation from Washington State
split up with a public program in the were removed from their West Attorney General Bob Ferguson relating
morning and a program for lawyers and to the haunting relevance of the
law students in the afternoon. Coast homes and incarcerated Japanese internment cases with respect
to current events.
This year’s program was entitled: “The in desolate camps in the interior
Japanese American Incarceration: Civil Overall, the expanded program (at
Liberties and Upholding the Rule of Law, of the United States. Two- a venue outside of the federal court
Then and Now”. During World War II, thirds were American citizens.” house) was both well attended and
120,000 persons of Japanese ancestry incredibly well received particularly in
were removed from their West Coast light of the historical significance and
homes and incarcerated in desolate current applicability of the due process
T. Korematsu Institute; Lorraine
camps in the interior of the United and equal protection issues raised by
Bannai, Professor of Lawyering Skills
States. Two-thirds were American the Japanese internment cases.
and Director, Fred T. Korematsu Center
citizens. They had committed no crimes;
for Law and Equality; and Robert S. Thomas S. Linde is a Ninth Circuit Lawyer
they were incarcerated simply because of
Chang, Executive Director, Fred T. Representative and a Member at Schweet
their race.
Korematsu Center for Law and Equality. Linde & Coulson, PLLC
This is just one of the numerous increased 247%, to 871 total filings. As improvements in case management.”
adventures and learning opportunities explained by Clerk of Court Bill McCool, These changes to the initial case filing
Judge Pechman enjoyed during her “this huge increase in cases resulted in process and early case management
sabbatical from the bench. a severe backlog at the Court.” Judge events have resulted in a savings of 30
Pechman educated herself about the days per case on average. As described
Tenure on the Federal Bench
problem, asked Senior Judge Robert by longtime law clerk Steven Crozier,
Judge Pechman has served as a federal Bryan to study the management of “her leadership was instrumental in
district court judge since 1999. She was Social Security appeals, and initiated meeting [this] situation with innovative
nominated by President Bill Clinton to the formation of a bar committee to solutions that allowed the Court to
the seat vacated by Judge William L. study and analyze the situation. After fulfill its responsibilities in the face
Dwyer. On September 1, 2011, she took receiving recommendations from Judge of considerable adversity.” Indeed,
over the role of Chief Judge from Judge Bryan and the bar committee, Judge the District has received praise for its
Robert S. Lasnik. She served in that Pechman obtained the support of the handling of the situation and Judge
role until February 6, 2016, when she other judges and then implemented the Pechman has been enlisted to train
took senior status. recommended changes. These changes other chief judges on how to handle
Lawyers in this district know Judge include encouraging the bar to consent these kinds of case backlogs.
Pechman to be a great trial judge, a to the handling of these matters by This is just one of her many
judge who knows the rules of evidence magistrate judges, and dedicating accomplishments during this
backwards and forwards and who additional law clerk resources to Social time. Judge Pechman also oversaw
runs a very organized and efficient Security appeals. As explained by the expansion of the Federal Bar
courtroom. It is no surprise then that Mr. McCool, “Between Judge Bryan’s Association pro bono clinic to Tacoma.
Judge Pechman’s tenure as Chief was work, Judge Pechman’s leadership, and She spearheaded the Court’s first
defined by a focus on improving case the committee’s on-going initiatives, children’s citizenship celebration—an
management and the business of the court has eliminated the backlog event to celebrate children becoming
running the court. of cases and continues to make U.S. Citizens because of their parents’
One of the success stories from her citizenship. And Judge Pechman
time as Chief involves how the court “Judge Pechman’s tenure initiated and marshalled resources for
and the bar came together to solve the court’s effort to develop a video
as Chief was defined by a about implicit bias. A committee of
the problem of a significant backlog
of social security cases on the court’s focus on improving case judges and lawyers, led by senior
docket. The problem arose when, United States District Judge John
management and the business C. Coughenour, created the video,
between 2010 and 2014, filings for
Social Security appeals in this district of running the court.”
Continued on page 10
Summer 2018 9
The Honorable Marsha J. Pechman (continued)
which the Court started showing to Sabbatical Between stints teaching others, Judge
prospective jurors in this district this Pechman herself took an Economics
During her sabbatical, Judge Pechman
year. 101 course at the University of
spent several months doing the things
Washington. Having never studied
Judge Pechman is proud of her time as she loves most—sharing her knowledge
economics, Judge Pechman thought
Chief, but she would not say that the and skills with others, learning, and
that it would be a good thing to do to
job is an easy one. “It was exhausting!” traveling.
“better understand the way the world
she recalls. In addition to presiding
Through the Federal Judicial Center, works.” She also took painting classes.
over a full case load, the Chief is
Judge Pechman taught at several She recounted that she “spent a whole
charged with managing the courthouse,
judicial trainings on topics including afternoon drawing an asparagus spear!”
including all 250 of its employees. The
case management and leadership. She
Chief handles a wide range of problems, A lifelong adventurer, in 2016 Judge
also went to Canada to teach Canadian
as varied as an expansion of the court Pechman rafted the Colorado River
judges about managing high profile
disaster preparedness training to with fourteen other women judges. In
cases.
bracing for the impact of an expected 2017, she and several other women
sequester. In reminiscing on her time She returned to Kenya to teach trial
as Chief, Judge Pechman said that she skills and advocacy with Justice
is grateful to have had the support of Advocacy Africa (“JAA”), a non-profit “A lifelong adventurer, Judge
Clerk of Court McCool. And she found organization she co-founded in 2009 Pechman rafted the Colorado
the experience of making decisions with with Judge Hill and Seattle attorney
Steve Fury. She was joined on this
River with fourteen other
her fellow district court judges to be a
very satisfying one: “Judges are rational trip by another Seattle trial attorney, women judges.”
people. And they always want to do Mike Wampold. As he explains, the
what they believe is right.” trip was eye-opening and incredible. judges spent a week sailing in the San
“JAA has had a tremendous impact on Juan Islands. She even capped off her
In September 2016, Judge Pechman
the level of trial advocacy in several sabbatical with a rafting trip down the
started a yearlong sabbatical. In doing
countries in Africa,” he said. And part Rogue River in Oregon.
so, she followed in the footsteps of her
of the reason for the impact is Judge
predecessor, Judge Dwyer, who also Back to Work
Pechman herself. “Because Judge
took a sabbatical after assuming senior
Pechman is a federal judge, her star Having enjoyed a year of exploration
status.
power [in Africa] is unbelievable,” Mr. and teaching, Judge Pechman returned
Wampold noted. According to him, to the court in fall 2017, with plans
lawyers who have participated in the to take on a reduced case load of
“She spearheaded the Court’s training are noticeably better in the civil matters. She looks forward to
courtroom, an improvement which has continuing to work with her colleagues
first children’s citizenship created a “buzz” in the legal community and the bench and — unsurprisingly
celebration—an event to and a strong interest in the training. — many more adventures, learning
celebrate children becoming To date, JAA has trained over 1000 opportunities, and teaching moments
African lawyers and providing training to come.
U.S. Citizens because of their in teaching advocacy to nearly 200 of
Andrea Ostrovsky is former law clerk to
parents’ citizenship.” those lawyers.
Judge Pechman.
Summer 2018 11
The Honorable James L. Robart
In Service of the Western District of Washington, the Northwest, & Beyond By Lindsay L. Halm
Benton. And later, representing local Trustees. The afternoon I visit chambers,
and international companies in his there are two baseball gloves, each
long, successful career at Lane Powell. cradling a ball, nestled among the papers
When I ask Judge Robart how the on his massive desk. He explains that
profession has changed over the years, Whitman President Kathleen Murray
he laments the decline in trials and has asked him to join her in throwing
the need for young lawyers to get into out the first pitch for the Whitman
court more often. (Those practitioners “Blues’” game that Saturday at Safeco
who have appeared before him for oral field. Apparently, the gloves’ owners –
argument already know he likes to call both courthouse staff – had the same
on the associate who wrote the brief, idea: Judge Robart should warm up his
much to the vexation of the partner arm. Home plate is 60 feet, 6 inches
who has just assumed the podium.) away from the mound, after all.
When I ask how the profession has
I ask Judge Robart to tell me what
improved, Judge Robart doesn’t
about his time at Whitman inspired
hesitate: diversity, which he says means
him to give back to the college. He
more talent to draw from and, in turn,
praised the school’s sense of community
better service to our clients. “But I can also swoop down for the
and commitment to increase diversity
in all its forms. When I pressed him kill.” Maybe he supplied this second
“When I ask how the profession to talk about his time as a student, part because we share a love of bird-
he spoke of being the first generation watching and he and I both know the
has improved, Judge Robart owl is a fierce predator, and not just
in his family to go to college and how
doesn’t hesitate: diversity, which a liberal arts education opened his the wise and gentle character portrayed
in the storybooks. But maybe he was,
he says means more talent to mind and shaped his conscience. He
at last, acknowledging his reputation
still remembers reading Pastor Martin
draw from and, in turn, better Niemoller’s poem in one of his classes as a judge. He demands the utmost
service to our clients. ” – the one that begins, “First they came” in preparedness from every lawyer
– the one that calls out cowardice and who walks into his courtroom. Surely
Born and raised in Richmond Beach, complacency in the face of tyranny. drawing from his days as a managing
Washington, Judge Robart’s love of partner, he pushes attorneys to advance
Near the end of the interview, I remind the profession, submit better briefs,
the Northwest is reflected everywhere
Judge Robart of the time he was invited make stronger arguments, avoid petty
in chambers. Filets of Chinook salmon
to the University of Washington to disputes, take on as much pro bono
(caught by Judge Robart) line the
guest teach a trial advocacy class. Ten work as possible, and may God help you
freezer’s shelf in the kitchen; a red
years later, I still remember what he if you forget to mute the ringer on your
Walla Walla “Sweets” Minor League
told the students: imagine the animal cell phone during argument.
Baseball hat sits on his credenza;
that defines who you are and never
traditional turquoise, red, and black It is dark outside when I finish asking
be anything else in front of a jury. (“If
Northwest tribal prints of eagles and my questions. As I pack up my pad and
you are a mouse, don’t try and be a
orcas hang in the conference room pen, Judge Robart asks, “When are you
lion.”). What animal is Judge Robart?
above a row of matching 1920s era going to ask me about ‘serendipity’?”
“An owl,” he says (after making me go
turquoise chairs he salvaged from the He was referring to everything from the
old federal courthouse. The other walls circumstances of his ascendancy to the
are dotted with the watercolors and “He demands the utmost in bench to the randomness of the Clerk’s
collages of Mari Jalbing, spouse to
Judge Robart and all-around force of
preparedness from every lawyer case-assignment wheel. I decline. Luck
has nothing to do with it. He has made
kindness in the world. who walks into his courtroom.” his mark on the Western District, the
Judge Robart has also remained close Northwest, and beyond. Bravo, Judge.
to his alma mater, Whitman College, first). “Observant; thoughtful, I hope.” Lindsay L. Halm is former law clerk to
including as former chair of the Board of Then, after a pause, he grins and adds, Judge Robart.
Summer 2018 13
The Honorable Paul B. Snyder
From the Bench to the Sea, A Life of Service and Adventure By The Honorable Brian D. Lynch
Continued on page 16
Summer 2018 15
The Honorable Karen L. Strombom (continued)
became available in Tacoma, Judge and wisdom, but at one particular point Judge Strombom’s professional career
Arnold encouraged Karen to consider in her career, she also reached out to is only a part of Karen’s life. She and her
submitting her name for the position. Judge Strombom when Dianne had husband, Joel, look forward to traveling
Which she did. She was appointed to suffered a humiliating loss in a federal throughout the world, which they have
the position in 2003, and had adjoining court proceeding before another judge. already been exploring for several years.
chambers with Judge Arnold until he She recalled that she went to Judge They remain residents of Tacoma, near
went on recall status in 2009. Like Strombom’s chambers and just started Joel’s very large family, and they still
Judge Arnold, she became involved crying. Karen did what she always does travel back to Ogema regularly to visit
regionally and nationally with the — she gave Dianne her time, and her her mother and stay in touch with her
Federal Magistrate Judges Association patience, and without saying more childhood connections.
and became its president in 2015. than necessary, encouraged her to go
She worked tirelessly at representing back out there and keep going. Dianne
magistrate judges to recompense and said at that critical moment, Judge “For her efforts she was
secure back pay that had been promised Strombom did exactly what needed to awarded the prestigious
and then withheld. The Association be done and encouraged her. Doing her
asked her to lead the organization best all the time. Founders Award in 2016 for
through that difficult period. Which she extraordinary service.”
did. For her efforts she was awarded the
prestigious Founders Award in 2016 for
extraordinary service.
As a recall magistrate judge, she will
occasionally still don the black robe
“She became involved in the Union Station Courthouse and
she promises to occasionally frequent
regionally and nationally with her new chambers. If you watch her
the Federal Magistrate Judges carefully on the bench, you may still
notice that she continues to take notes
Association and became its with the short hand that she learned
president in 2015.” when she was a legal secretary.
Most importantly, for those who
gathered that evening, and for many
Along the way, Karen has mentored all
others, she will remain a welcomed
of us. One of her many admirers, the
friend.
current President of the Tacoma-Pierce
County Bar Association, T. Dianne
Clarkson, shared with the group that J. Richard Creatura is a Magistrate Judge,
she had always looked up to Judge United States District Court for the
Strombom for her confidence, strength Western District of Washington.
Summer 2018 17
The Honorable Dean Brett (continued)
Now that he has more time in his personal life, Judge Brett is actively involved in his community,
enjoying life, and relishing every chance he has to interact with his grandchildren.
Dean’s integrity, common sense, and asks questions, gives advice, and shares
belief in following through on one’s word his experiences. Dean’s next adventure
continue to guide him. He’s been known and the one after that will certainly leave
to quote Carl Jung, “you are what you lasting keepsakes and stories only he can
do, not what you say you’ll do” - and tell.”
consistently exhibited these traits in his
Paula McCandlis is a Magistrate Judge
personal life and on the bench. Now that
(Part-Time), United States District Court
he has more time in his personal life, he
for the Western District of Washington.
is actively involved in his community,
enjoying life, and relishing every chance
he has to interact with his grandchildren.
Dean is not done yet. He sets goals and
makes action lists. He continues to
work at his law practice and mentor the
attorneys who work with him. He listens,
Summer 2018 19
Stability in the Midst of Change
The History and Role of the Judiciary in Turbulent Times By Melissa Muir
The Third Branch Judge Hanford was appointed to the practice and became an author of some
Western District of Washington. renown. The property to which he gave
The federal judiciary remains stable his name in 1907, the town of Hanford,
over time even as political cycles His departure from the bench was less
went on to notoriety as the site of
buffet the executive and legislative smooth than his arrival.
nuclear weapons production during
branches of government. While not In 1912, Judge Hanford was widely World War II.
immune from the vicissitudes of criticized for revoking the citizenship
politics, the judiciary remains a symbol of Leonard Olsson, a naturalized citizen The Western District of
of deliberation, independence, and and admitted Socialist. Newspapers Washington’s Judicial Legacy
stability. What follows is a brief glimpse decried the decision, as well as the
into our own district’s past, and a The Western District of Washington is
“arbitrary, irresponsible power” of now authorized for seven district and
reminder of the values we hold today. judges appointed for life. Victor Berger, six magistrate judges, although some of
During Good Behavior the first Socialist elected to the House those positions remain unfilled. As part
of Representatives, soon called for of the court’s efforts to capture some
The creation of the judiciary reflected impeachment proceedings.
the country’s ongoing tension about of its history, we asked judges to reflect
the size and reach of the federal on a case that particularly impacted
government in relation to the states. them. While most of the court’s cases
“The creation of the judiciary attract little public attention, every
The Declaration of Independence’s
grievances against King George III reflected the country’s case is noteworthy, important, and a
included that: “He has made Judges testament to the human spirit. The
ongoing tension about the referenced cases reflect these values.
dependent on his Will alone, for the
tenure of their offices, and the amount size and reach of the federal Judge Lasnik spoke of the case of Salim
and payment of their salaries.” government in relation to the Hamdan, a Yemeni driver for Osama
Our Constitution’s framers easily Bin Laden detained at Guantanamo
states. Bay. Judge Lasnik granted Hamdan
agreed on these two key judiciary
features. The rest of the details would a forum to present his challenge
take more than a decade. Article III of to the power of the President to
In response, the House of form a military commission that
the Constitution states that federal Representatives unanimously directed
judges “shall hold their Office during circumvented rights granted under
the Judiciary Committee to investigate the Geneva Convention. After the
good Behavior”, and this standard was Judge Hanford. The Committee had
tested in our own district, with Judge case was transferred, then reversed
plenty to work with as Judge Hanford by an appellate court, Hamdan’s
Cornelius H. Hanford. was the most prolific opinion-writer in relief was ultimately reinstated by the
Washington: Territory, State, the judiciary at that time. The Judiciary
Committee soon released evidence that,
District, and Western District shortly after one of his rulings resulted
in $60,000 in tax savings for the “While most of the court’s
The Washington Territory, carved out
of Oregon, was established in 1853. Northern Pacific Railroad, the railroad cases attract little public
That same year, four-year-old Cornelius then sold him land at a very favorable attention, every case is
Hanford headed west with his family by price.
wagon. After working as a farm laborer The Judiciary Committee hinted that noteworthy, important, and
and mail carrier, Hanford joined a law more revelations would follow. Rumors
firm and read for the Bar. Soon, he was were rife that powerful business
a testament to the human
elected City Attorney of Seattle. interests in the Seattle area would be spirit.”
In 1889, President Benjamin Harrison implicated in the scandal. Detractors
appointed Hanford chief justice of the came forward, accusing Judge Hanford
territory. When Washington became of public drinking and sleeping on Supreme Court. Judge Lasnik reflected
the 42nd state later that same year, the bench. Before the committee on the cases heard in our district’s
the President seamlessly appointed could meet again, Judge Hanford courtrooms, especially in times of great
Judge Hanford as the first federal judge resigned, stating that “persistent fear and anxiety: “These cases serve
of the new District of Washington. misrepresentations by newspapers” as reminders of how our country and
Fifteen years later, when the state was made judgeship no longer desirable. our courts must always remain true
separated into two judicial districts, to our core principles embodied in the
Judge Hanford returned to private Constitution….”
Continued on page 21
Summer 2018 21
Compilation of Recent FBA-WDWA Programs & Initiatives
COMPILATION OF RECENT FBA-WDWA PROGRAMS AND INITIATIVES
TITLE DATE
Annual District Meeting and CLE regarding the Japanese American April 13, 2018
Incarceration: Civil Liberties and Upholding the Rule of Law, Then and Now
Ninth Circuit Court of Appeals Seeks Input from Former Law Clerks for the March 13, 2018
Ninth Circuit Committee on Workplace Environment
Power, Sex and Race: How the Practice of Law Has Changed and How it January 12, 2018
Needs to Change
FUTURE CLES
The DREAM Committee: Though the committee was formed in 2012, the FBA-WDWA
formally established a DREAM Committee on its board in 2018 for the purpose of evaluating
and approving DREAM participants’ requests for funds in accordance with the FBA-WDWA
DREAM Funding Guidelines. Michelle Peterson is chair.
When formed in 2012, the purpose of the DREAM program remains to more effectively
address offender substance abuse by providing the opportunity for qualified federal
criminal defendants to participate in a comprehensive court monitored program that blends
treatment and sanction alternatives to incarceration. This will create the greatest safety for
the community, impact the most lives through rehabilitation and save taxpayer dollars in
future offender costs.
Constitution Day: Though in existence since 2012, the Constitution Day Committee was
formally established in 2018 as a committee of the board. Since 2012, the FBA-WDWA and
the Western District of Washington has conducted a “Constitution Day” for local grade
school classes in the Tacoma and Seattle Courthouses. Kymberly Evanson is chair.
Civil Rights Clinic: The Civil Rights Clinic Capital Campaign Committee was established 2018
to expand the legal clinic’s services which have been existence since 2006, where volunteers
from the FBA-WDWA have provided free legal support on federal legal issues involving
discrimination, prisoner rights, Fourth Amendment search and seizure, excessive force, free
speech, voting rights, the Second Amendment and religious freedom. Tracy Morris is chair.
Summer 2018 23
FBA – WDWA News