ABA Pres. Neukom at UW

ABA President Bill Neukom to Speak at Law School Monday, March 3, 4:00.

William H. Neukom, president of the American Bar Association, will speak at the UW law school at 4 p.m. on Monday, March 3 in Room 138 of William H. Gates Hall. Neukom will speak about his ABA presidential initiative, the World Justice Project.

The World Justice Project (WJP) is a multidisciplinary and multinational initiative to foster human well-being by advancing the rule of law. Through its multidisciplinary focus and analytical work, the WJP is filling the nexus between the rule of law and such important global goals as peace, reducing poverty and building economic prosperity, decreasing corruption, improving public health, and strengthening education systems.

Third BAR/BRI suit filed over prices

Third BAR/BRI suit filed over prices, Nat'l L.J. (web-only), Feb. 26, 2008:

Eliot Disner, the lawyer who objected to a $49 million class action settlement last year in an antitrust case he filed against the makers of the BAR/BRI bar review preparatory course, has filed a third suit to break up an alleged monopoly [Thomson West] and reimburse students for the inflated prices they paid.

Clinic for Pro Se Federal Litigants

The Federal Bar Association for the Western District of Washington sponsors a clinic to assist federal pro se litigants. The Federal Civil Rights Legal Clinic, started in March 2006, is affiliated with the King County Bar Association's Neighborhood Legal Clinics. Tracy M. Morris, Filling the Gap: How the Federal Civil Rights Legal Clinic is Making a Difference, Fed. B. Ass'n W.D. Wash. News, Fall 2007, at 5.

Judge Settle Profile

The Federal Bar Association (W.D. Wash.) has a Profile of Judge Benjamin H. Settle in its fall newsletter. Judge Settle took the bench -- Western District of Washington, in Tacoma -- July 2, 2007.

Write about Juries for Dwyer Prize

The Federal Bar Association of the Western District of Washington sponsors the William L. Dwyer Jury Project Award writing competition. Submissions are due April 4, 2008. UW law students, if you've got thoughts about the jury system, write them down -- you can even use a related paper you've already written -- and you might win $2,000.

Last year's winner was John Goldmark (class of '08) for A Better Cross-Section of the Community: Bolstering the Quality, Function, and Legitimacy of the Jury, Fed. B. Ass'n. W. Dist. Wash. News, Fall 2007, at 11.

Second place went to Arleta Young for “Public Perception of the Jury Trial: Cause and Effect.” And the committee gave honorable mention to Woo Koo (Chris) Choi (a visiting student from Korea) for “The Japanese Jury System.” (See newsletter article.)

Schierman Motions - Press Restrictions? Jail Duds?

Attorneys for Conner Schierman -- who is accused of killing four people and burning their house -- moved to have the case dismissed (because prosecutors hadn't provided discovery), to allow Mr. Schierman to way civilian clothes to pre-trial hearings, and to prohibit press photography in public courthouse spaces. Judge Gregory Canova denied the motions. Suspect in slayings of Kirkland family must wear jail uniform in court, Seattle P-I, Feb. 22, 2008; Judge won't restrict media in trial of man accused of killing Kirkland family, Seattle Times, Feb. 22, 2008.

The Seattle Times and several television stations opposed the motion to prohibit press photography. Under the Washington Courts' Bench Bar Press Statement of Principles

Law enforcement and court personnel should not prevent the photographing of defendants when they are in public places outside the courtroom. They should not encourage pictures or televising nor should they pose the defendant. The media should recognize that broadcasting, televising, recording and taking photographs in the courtroom is governed by GR 16. Artist's renditions sketched in the courtroom are not governed by GR 16 and should not be curtailed unless such actions unduly distract participants or impair the dignity of the proceedings.

King County Deputy Prosecutor Scott O'Toole is quoted in the Times article. He is also a UW Trial Ad instructor.

Photo of King County Courthouse from King County website.

O'Connor on Judicial Selection

This morning's Parade has an article by Justice Sandra Day O'Connor expressing concern about partisan pressures in states that elect judges. How to Save Our Courts, Parade, Feb. 24, 2008.

Justice O'Connor says that she is now involved with two projects:

• Sandra Day O'Connor Project on the State of the Judiciary At Georgetown Law. You can listen to recordings of symposia, e.g., The Debate Over Judicial Elections and State Court Judicial Selection, Oct. 17, 2007.
• Our Courts, a civics education project being developed by the Sandra Day O'Connor College of Law and the College of Teacher Education and Leadership at Arizona State University.

For state-by-state information about judicial selection, Parade links to the American Judicature Society.

Photo: Justice O'Connor, speaking at the FDR Library in a program on presidential and judicial powers last fall. Credit: National Archives.

Lawyer as Detective

The King County Bar Association has an interesting CLE coming up March 7: The Lawyer As Detective: Effective & Ethical Informal Discovery.

Law students, remember that KCBA offers a limited number of spots in its CLEs free to law students. So when you see a CLE you'd like to attend, contact KCBA's CLE Manager, Denise Medlock, DeniseM[at]kcba.org.

Smelter case a big mess in more ways than one

Smelter case a big mess in more ways than one, News Tribune (Tacoma), Feb. 22, 2008. An overview of the complex dispute involving the pollution of Washington's Lake Roosevelt (the lake behind Grand Coulee Dam) by a Canadian Smelter -- EPA (under two presidents), Washington State, the Colville tribe, ...

The article quotes Prof. Michael Robinson-Dorn, the director of the UW's Berman Environmental Law Clinic. For more (lots more!) about the case, see Michael J. Robinson-Dorn, The Trail Smelter: Is What's Past Prologue? EPA Blazes a New Trail for CERCLA, 14 N.Y.U. Envtl. L.J. 233 (2006) , available at SSRN and Prof. Robinson-Dorn's website providing copies of opinions, briefs, pleadings, and other material.

Photo of Lake Roosevelt from the Governor's Salmon Recovery Office. (Beautiful, isn't it? You can't tell how many heavy metals and other pollutants are in a lake just by looking at it.)

Shaming Laws Discussed on Weekday

KUOW's Weekday featured a discussion on Shame and the Law with Martha Nussbaum, Feb. 20, 2008:

A lawmaker in Washington State proposes fluorescent–yellow license plates as a punishment for drunk driving. A judge in Massachusetts forces a college kid to stand in front of a police station wearing a toga. Are these so–called 'shaming laws' making a comeback? What are the origins of these laws? Should an emotion like shaming play a major role in our legal system today? Do shaming laws work? We'll take up these question and more this hour with legal thinkers including Martha Nussbaum of the University of Chicago.

Guests:
Steve Calandrillo is Professor of Law at the University of Washington.
Dan Markel [more here] is assistant professor at Florida State University College of Law.
Martha Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago. She's the author of articles and books including Hiding from Humanity: Disgust, Shame, and the Law [K346 .N87 2004 at Classified Stacks].

Service of Process in Domestic Violence Cases

Rebecca Griego was killed in her office at the UW by her ex-boyfriend, whom she had been trying unsuccessfully to serve with a protection order. Now her mother and sister are supporting a bill that would provide alternate means of service. Family of UW worker seeks new law, Seattle Times, Feb. 21, 2008.

The bill is ESB 6357. Its companion in the House is HB 2563.

State Court Could Apply Crawford Rule Retroactively

In 1996 Stephen Danforth was convicted of sexual conduct with a minor. His alleged victim, a six-year-old, did not testify, but the jury was shown a videotape interview with her. In 2004, the Supreme Court in Crawford v. Washington, 541 U.S. 36, Findlaw, ruled that testimonial statements -- even in recordings -- must be subject to cross-examination. So Danforth sought post-conviction relief in Minnesota.

The state court declined the relief because it did not think it had the option to extend the rule announced in Crawford retroactively. Today the Supreme Court held otherwise -- the state court isn't required to apply the rule retroactively, but it can do so. And so the case is reversed an remanded. Danforth v. Minnesota, No. 06-8273, Court website.

See Lyle Denniston, Analysis: ‘Creating’ or ‘declaring’ rights, SCOTUSblog, Feb. 20, 2008:

Perhaps it is not enough to gladden the hearts of true “originalists,” but a clear majority of the Supreme Court has newly acknowledged that, when it comes to constitutional rights, they always existed and did not just emerge out of modern judicial creativity. That concept, most closely identified with the jurisprudence of Justice Antonin Scalia, is a basic rationale behind Wednesday’s 7-2 decision in Danforth v. Minnesota (06-8273) . . .

Justices Make It Tougher to Sue Medical Device Makers - New York Times

Justices Make It Tougher to Sue Medical Device Makers, N.Y. Times, Feb. 20, 2008:

In a case with huge implications for the health care-technology industry, the Supreme Court ruled on Wednesday that the manufacturer of a federally approved medical device cannot be sued under state law if the device causes an injury.

The case is Riegel v. Medtronic, Inc., no. 06-179, Court website (Feb. 20, 2008).

Oregon inmate loses sex-change lawsuit

A transgendered prisoner, who is anatomically male but identifies as a woman, lost his suit seeking to have Oregon pay for sex-change surgery and transfer her to a women's prison. Oregon inmate loses sex-change lawsuit, Seattle Times, Feb. 19, 2008.

I found the following in a blog opposing mandatory minimum sentencing laws, Oregonians Against Measure 11:

A lawsuit by an Oregon inmate demanding a sex-change operation spotlights the increasing complexity and cost of providing health services to the state’s 13,500 prisoners.

Anny May Stevens, a Portland man serving an 18-year sentence for manslaughter, contends in court papers that prison officials denied him medical treatment for transsexualism.

“I didn’t ask to be born this way,” Stevens, 45, said in an interview from Snake River Correctional Institution in Ontario. “But I sure don’t want to die this way.”

Prison officials don’t dispute Stevens’ diagnosis, but they rejected his request, arguing in court papers that neither hormone treatment nor surgery is medically necessary.

Though transsexual inmates are rare, prison officials report a surging demand from inmates for a wide array of conditions, diseases and mental illnesses.

Care needs of prisoners put Oregon in a bind, Oregonians Against Measure 11, Nov. 12, 2007.

Global Justice at SU

The Center for the Study of Justice in Society at Seattle University and the Center for Global Justice at Seattle University School of Law present Globalization & Justice: Interdisciplinary Dialogues, Feb. 21-22, 2008. The program is open to the public and it's free.

Food Safety CLE

Bill Marler sent me a link about a CLE Seattle University is presenting April 11-12,Who's Minding the Store? The Current State of Food Safety and How It Can Be Improved. Looks interesting!

Want to Write about Changes Affecting Judges?

Do you want to write an article about changes that have affected judges in the last fifty years -- or that are on the horizon? Consider responding to this call for papers:

The Widener Law Journal is commemorating the fiftieth anniversary of the founding of the National Conference of State Trial Judges by publishing essays and articles discussing the changes that have affected trial judges over the last fifty years. Pieces will be published in the Spring 2009 issue of the Journal, in time for the August 2009 (July 30 - Aug. 4) American Bar Association meeting in Chicago, where the Conference and its members will be honored and the Journal’s work would be recognized.

Writings may discuss any aspect of the evolution of the trial judge, including, but not limited to, the following:

• the impact of changes in evidence relating to technological advancement;
• the increasing popularity of specialized courts such as drug and business courts;
• the role of the judiciary in formulating public policy;
• the erosion or importance of judicial independence at the trial level;
• the perennial conflict over methods of judicial selection; and
• the potential evolution of the trial courts over the next several decades

Accordingly, the Widener Law Journal welcomes pieces from all disciplines including, but not limited to, political science, history, and traditional legal analyses. Interested scholars, judges, and members of the practicing bar are asked to submit proposals to the Law Journal by September 1, 2008, and to submit completed works by December 1, 2008. Questions may be directed to Michael Dimino, faculty advisor to the Journal, at 717-541-3941 or mrdimino[at]mail.widener.edu.

Ninth Cir. Senior Judge Joseph T. Sneed Dies

Court of Appeals Mourns Loss of Senior Circuit Judge Joseph T. Sneed, Feb. 13, 2008.

Stay Denied in Pharmacy Plan B Case

Druggists can deny Plan B, judge rules:

Pharmacies and pharmacists with religious or moral objections to 'Plan B' emergency contraception may continue to refuse to dispense it until a lawsuit is settled, a federal judge ruled Friday.

The state had asked Judge Ronald Leighton of the U.S. District Court to reinstate rules requiring pharmacists and pharmacies to dispense all legal medications, pending outcome of an appeal. Last year, Leighton suspended the rules as they pertain to Plan B, the so-called 'morning-after pill,' by granting an injunction.

See also Judge again rules druggists can deny morning-after pill, Seattle P-I, Feb. 15, 2008.

A little chronology:

• June 2006. The state Board of Pharmacy announced it would issue a rule allowing pharmacists to refuse to dispense Plan B, an emergency contraceptive, when it was prescribed. Northwest Women's Law Center press release (links to proposed rules). Many people opposed the draft rules, including the governor. See Statement from Governor Gregoire on Pharmacy Board Rules, June 1, 2006, and Governor Gregoire Proposes New Rule to Washington Pharmacy Board, Aug. 29, 2006. and the Board adopted new draft rules Aug. 31.

• July 2007. The state Board of Pharmacy issues rules saying that pharmacists have to fill all lawfully prescribed drugs and devices. See WAC 246-869-010, Pharmacies' Responsibilites, and WAC 246-863-095, Pharmacist's professional responsibilities. A letter sent from the Board of Pharmacy is here.


• Nov. 2007. Judge Ronald B. Leighton grants an injunction to pharmacists who challenged the rule. The pharmacists said it forced them to violate their religious principles. Judge: Druggists may withhold "morning-after" pill, Seattle Times, Nov. 9, 2007. The opinion, Stormans Inc. v. Selecky, No. C07-5374RBL (W.D. Wash. Nov. 8, 2007), is here. ACLU release, Nov. 8.


• Dec. 2007. Intervenors -- 7 citizens represented by the Northwest Women's Law Center, the ACLU of Washington, and Planned Parenthood of Western Washington -- announced they were appealing the injunction. Press release, Dec. 10, 2007.


• Feb. 2008. Judge Leighton denies the request by the State Board of Health and the Board of Pharmacy to stay the injunction -- that is, let the regulation stand -- while the appeal to the Ninth Circuit is pending.


• Feb. 29 is deadline for filing the appeal.


• Oct. 2008 is when trial is scheduled.

Photo: Dr. R.V. Toker prepares prescription in U.S. Coal and Coke Co. clinic, Gary Mines, McDowell County, WV, 08/16/1946. National Archives, ARC Identifier: 540833.

Crime Lab Chief Resigns

State crime-lab chief to resign, Seattle Times, Feb. 15, 2008:

[Barry Logan,] The embattled director of the State Patrol crime labs has resigned, accepting responsibility for allegations of sloppy work and fraud that jeopardized more than 100 DUI breath-test results in the past year.