Today was another sad day here in Western Washington, with news of yet another domestic violence murder-suicide. See the Columbian.
Coincidentally, this week, I listened to the Dixie Chicks singing "Goodbye Earl," in which Earl "walks right through that restraining order and put her in intensive care." I like the music, but I don't like the message.
Because, for most people, restraining orders work.
I'm not citing any authority here except myself. I prosecuted domestic violence crimes for years, and I have heard it all. And yes, there are people who don't find peace in a court order. But believe me, believe me, it DOES make a difference to tell an offender, you are going to JAIL if you make contact. It does. Really, it does.
If you are a domestic violence victim or you love someone who is, please encourage them to seek protection.
Thursday, December 3, 2009
Friday, September 25, 2009
Words and Violence
This morning, after a court appearance in Olympia, I passed a newspaper box and read this headline in The Olympian: "Worker Killed at Cider Mill."
The headline should have been "Abusive Ex-Boyfriend Hunts and Kills Worker at Cider Mill."
It is a familiar but heart-breaking story, made more so by the detail that the victim's 77-year old boss tried to pull the killer away from her. The victim, Kay I. Langford, had left her reportedly-abusive boyfriend only weeks before.
Domestic violence homicides are deeply saddening, but thankfully most of us will not be touched by violent death. But most of us will encounter domestic violence, perhaps in our own relationship, or perhaps we will see our loved ones go through it.
I don't practice much divorce law or criminal defense. Still, unfortunately, I encounter domestic violence regularly.
Here's what domestic violence looks like to me:
* It is the charming, nice-looking boyfriend who insists on attending my female client's appointments (I'm just as charming steering him to the waiting area).
* It's when I call my female client, but the phone is always answered by her husband, who wants to be the conduit for all information.
* It is the woman in my conference room telling me, "I'd never let a man hit me." (Really, would you let him push you? Would you let him take your paycheck? Would you let him follow you because he thinks you are cheating? Would you let him threaten you? Would you let him call you a "c***" in front of your children?)
You see, domestic violence doesn't start with a shotgun or a fist. It starts with words. Words that frighten, words that isolate, words that blame, words that belittle. And then, over time, it gets worse.
So please, please, don't wait for a bad relationship to come to blows. There are people who would *love* to help, and there is no shame in asking. Many people have been through this themselves.
Start by getting educated. Here are links to some crucial information:
The Wheel of Power and Control
Clark County / City of Vancouver Domestic Violence Prosecution Center
Clark County YWCA SafeChoice Program
My thoughts go out to the family of Ms. Langford. Let's hope this tragedy is the last.
The headline should have been "Abusive Ex-Boyfriend Hunts and Kills Worker at Cider Mill."
It is a familiar but heart-breaking story, made more so by the detail that the victim's 77-year old boss tried to pull the killer away from her. The victim, Kay I. Langford, had left her reportedly-abusive boyfriend only weeks before.
Domestic violence homicides are deeply saddening, but thankfully most of us will not be touched by violent death. But most of us will encounter domestic violence, perhaps in our own relationship, or perhaps we will see our loved ones go through it.
I don't practice much divorce law or criminal defense. Still, unfortunately, I encounter domestic violence regularly.
Here's what domestic violence looks like to me:
* It is the charming, nice-looking boyfriend who insists on attending my female client's appointments (I'm just as charming steering him to the waiting area).
* It's when I call my female client, but the phone is always answered by her husband, who wants to be the conduit for all information.
* It is the woman in my conference room telling me, "I'd never let a man hit me." (Really, would you let him push you? Would you let him take your paycheck? Would you let him follow you because he thinks you are cheating? Would you let him threaten you? Would you let him call you a "c***" in front of your children?)
You see, domestic violence doesn't start with a shotgun or a fist. It starts with words. Words that frighten, words that isolate, words that blame, words that belittle. And then, over time, it gets worse.
So please, please, don't wait for a bad relationship to come to blows. There are people who would *love* to help, and there is no shame in asking. Many people have been through this themselves.
Start by getting educated. Here are links to some crucial information:
The Wheel of Power and Control
Clark County / City of Vancouver Domestic Violence Prosecution Center
Clark County YWCA SafeChoice Program
My thoughts go out to the family of Ms. Langford. Let's hope this tragedy is the last.
Wednesday, August 19, 2009
Where Judges Com From, Part 1
It is official: Judge Robert Harris will retire on December 31, 2009. The Columbian, "In our View," July 20, 2009.
I don't know Judge Harris' personal feelings about retirement, but I can guess. You see, this is not a voluntary retirement. It is mandatory. In Washington State, Judges must retire by age 70. Washington is not alone - several other states and the UK have mandatory judicial retirement laws.
Compulsory retirement doesn't make sense, especially in this day, when life expectancies are expanding (a baby born in 2007 in the US should expect to see 78). Heck, you might not even start receiving SSA retirement benefits until age 70.
So I suspect that Judge Harris would like to continue to serve, and I believe he'd be more than up to it. And many of us will be sad to see him go. But at the same time, we're looking ahead to who will be Judge Harris' replacement.
Since Judge Harris is retiring mid-term, his replacement will be appointed by Governor Gregoire. This governor has already proven herself to take judicial appointments seriously. She carefully vetted the last appointment here in Clark County (Judge Collier).
Applicants for appointment to the Clark County Bench must have their applications to Governor Gregoire by September 1.
For more information about judicial appointments, see the Governor's website.
Next post: The judicial evaluation process.
I don't know Judge Harris' personal feelings about retirement, but I can guess. You see, this is not a voluntary retirement. It is mandatory. In Washington State, Judges must retire by age 70. Washington is not alone - several other states and the UK have mandatory judicial retirement laws.
Compulsory retirement doesn't make sense, especially in this day, when life expectancies are expanding (a baby born in 2007 in the US should expect to see 78). Heck, you might not even start receiving SSA retirement benefits until age 70.
So I suspect that Judge Harris would like to continue to serve, and I believe he'd be more than up to it. And many of us will be sad to see him go. But at the same time, we're looking ahead to who will be Judge Harris' replacement.
Since Judge Harris is retiring mid-term, his replacement will be appointed by Governor Gregoire. This governor has already proven herself to take judicial appointments seriously. She carefully vetted the last appointment here in Clark County (Judge Collier).
Applicants for appointment to the Clark County Bench must have their applications to Governor Gregoire by September 1.
For more information about judicial appointments, see the Governor's website.
Next post: The judicial evaluation process.
Sunday, June 14, 2009
Elder Abuse Awareness Day
We don't have to tolerate elder abuse. June 15 is the annual World Elder Abuse Awareness Day. This is something we all ought to think about, and not just tomorrow.
"Elder abuse" is a general term which includes financial abuse, neglect, sexual abuse, and physical abuse.
As we grow older, we may become more vulnerable due to physical limitations, social isolation, and dementia. Sadly, the usual perpetrators of elder abuse are adult children. According to the National Center on Elder Abuse, more than 30% of reported perpetrators are children, more than spouses and other family members combined. See "Trends in Elder Abuse in Domestic Settings."
Elders may also be vulnerable to dishonest or overwhelmed caregivers as well as plain, old con-artists. So "elder abuse" is a simple term for a complicated problem.
What can you do about Elder Abuse? Glad you asked.
1. Educate Yourself.
Clark County has a Vulnerable Adult Task Force which works to address all aspects of elder abuse from caregiver neglect to embezzlement. Learn about the types of elder abuse and warning signs at their website: www.clarkcoutyvatf.com.
2. Follow the Golden Rule.
I know you have loved ones who are older. And we're all on the path ourselves (my step-father just celebrated a healthy 95th birthday!).
Why don't you give others the care you'll one day need yourself? Pay attention to the needs of your older neighbors and relatives. Is he eating regularly? Can she drive? How is her social life? We all need our basic physical and emotional needs met. Look around you and see how you can help another.
3. Report Abuse.
Washington law can help protect vulnerable persons from abuse. If you suspect abuse, report it. Get more information here.
Finally, I hope you will join members of the Vulnerable Adult Task Force in a ceremony Monday at 10 a.m. at the Luepke Senior Center, 1009 E Mcloughlin Blvd, Vancouver. See "Conference Scheduled to Mark World Elder Abuse Awareness Day," The Columbian, June 13, 2009.
"Elder abuse" is a general term which includes financial abuse, neglect, sexual abuse, and physical abuse.
As we grow older, we may become more vulnerable due to physical limitations, social isolation, and dementia. Sadly, the usual perpetrators of elder abuse are adult children. According to the National Center on Elder Abuse, more than 30% of reported perpetrators are children, more than spouses and other family members combined. See "Trends in Elder Abuse in Domestic Settings."
Elders may also be vulnerable to dishonest or overwhelmed caregivers as well as plain, old con-artists. So "elder abuse" is a simple term for a complicated problem.
What can you do about Elder Abuse? Glad you asked.
1. Educate Yourself.
Clark County has a Vulnerable Adult Task Force which works to address all aspects of elder abuse from caregiver neglect to embezzlement. Learn about the types of elder abuse and warning signs at their website: www.clarkcoutyvatf.com.
2. Follow the Golden Rule.
I know you have loved ones who are older. And we're all on the path ourselves (my step-father just celebrated a healthy 95th birthday!).
Why don't you give others the care you'll one day need yourself? Pay attention to the needs of your older neighbors and relatives. Is he eating regularly? Can she drive? How is her social life? We all need our basic physical and emotional needs met. Look around you and see how you can help another.
3. Report Abuse.
Washington law can help protect vulnerable persons from abuse. If you suspect abuse, report it. Get more information here.
Finally, I hope you will join members of the Vulnerable Adult Task Force in a ceremony Monday at 10 a.m. at the Luepke Senior Center, 1009 E Mcloughlin Blvd, Vancouver. See "Conference Scheduled to Mark World Elder Abuse Awareness Day," The Columbian, June 13, 2009.
Wednesday, June 3, 2009
The "Everything But Marriage" Bill
Here's two things I wouldn't have believed 10 years ago:
1. That six U.S. states would allow same-sex marriage.
2. That one of those states wouldn't be Washington (or Oregon, or even California for Pete's sake)!
Ever the pessimist, I would point out that even married same-sex couples do not enjoy the same rights at the federal level as opposite-sex couples (such as social security benefits, military family health benefits, or federal retirement benefits).
All the same, I'm impressed. And I was glad our State legislature passed the "Domestic Partnership Expansion Bill" of 2009.
Washington created a same-sex domestic partnership registry in 2007. The system was tweaked in 2008, and the 2009 legislation seeks to fill in gaps such as disability insurance and public retirement systems by expanding the Washington Code's definition of "spouse," "husband," "wife," "widow," and so forth to include domestic partners. See Senate Bill 5688 and "Washington Expands Domestic Partnership Law," Gay and Lesbian Times, May 21, 2009.
Expanding the legal definition of "spouse" is an efficient way to expand whatever equal protection as Washington law can give to same-sex registered domestic partners. From an attorney's perspective, it would be even more efficient just to allow same-sex couples to marry, but this fight has never been about efficiency. Never has been, and still isn't.
The new expanded definition is scheduled to take effect on July 26, 2009, and already there is a petition for a ballot measure repealing the 2009 act. See "Referendum 71 filing today to repeal new rights of same-sex partners," The Olympian, May 4, 2009.
This debate is stirring up some ugly reactions in our lovely state. Some supporters of SB 5688 plan to create a searchable database of names and addresses of those who sign the petition for Referendum 71. See "Gay-rights Group Wants to Name Petition Signers," Seattle Times, June 2, 2009.
I support same-sex marriage. I think our two-tiered legal system is unfair, cumbersome and costly. The domestic partnership registry is not the equivalent of marriage, but it is a start. Nevertheless, the tactic of posting names and addresses of gay-rights opponents is untenable. It invites harassment, and it reminds me of the "death list" posted by anti-abortion activists down in Portland a few years ago (Remember that? If you don't, see this 1999 article).
I want to be proud of Washington. I hope people will let the ideas speak for themselves.
As always, this post is not intended to be legal advice.
1. That six U.S. states would allow same-sex marriage.
2. That one of those states wouldn't be Washington (or Oregon, or even California for Pete's sake)!
Ever the pessimist, I would point out that even married same-sex couples do not enjoy the same rights at the federal level as opposite-sex couples (such as social security benefits, military family health benefits, or federal retirement benefits).
All the same, I'm impressed. And I was glad our State legislature passed the "Domestic Partnership Expansion Bill" of 2009.
Washington created a same-sex domestic partnership registry in 2007. The system was tweaked in 2008, and the 2009 legislation seeks to fill in gaps such as disability insurance and public retirement systems by expanding the Washington Code's definition of "spouse," "husband," "wife," "widow," and so forth to include domestic partners. See Senate Bill 5688 and "Washington Expands Domestic Partnership Law," Gay and Lesbian Times, May 21, 2009.
Expanding the legal definition of "spouse" is an efficient way to expand whatever equal protection as Washington law can give to same-sex registered domestic partners. From an attorney's perspective, it would be even more efficient just to allow same-sex couples to marry, but this fight has never been about efficiency. Never has been, and still isn't.
The new expanded definition is scheduled to take effect on July 26, 2009, and already there is a petition for a ballot measure repealing the 2009 act. See "Referendum 71 filing today to repeal new rights of same-sex partners," The Olympian, May 4, 2009.
This debate is stirring up some ugly reactions in our lovely state. Some supporters of SB 5688 plan to create a searchable database of names and addresses of those who sign the petition for Referendum 71. See "Gay-rights Group Wants to Name Petition Signers," Seattle Times, June 2, 2009.
I support same-sex marriage. I think our two-tiered legal system is unfair, cumbersome and costly. The domestic partnership registry is not the equivalent of marriage, but it is a start. Nevertheless, the tactic of posting names and addresses of gay-rights opponents is untenable. It invites harassment, and it reminds me of the "death list" posted by anti-abortion activists down in Portland a few years ago (Remember that? If you don't, see this 1999 article).
I want to be proud of Washington. I hope people will let the ideas speak for themselves.
As always, this post is not intended to be legal advice.
Friday, May 22, 2009
Superior Courts and Neighbors - How Washington Counties are Handling the Budget Crisis
With Clark County's unemployment rate now at 13.4%, I worry about the possible effect on our court system. See "Clark County Jobless Rate Adjusted Upward, Hits 13.4%," The Columbian, May 19, 2009.
But we're doing well compared to Cowlitz County.
Hard Times for Cowltiz County Courts
I've been hearing concerns from our neighbors to the north for a few weeks. Cowlitz County's unemployment rate is even higher than Clark's. See "Cowlitz County Unemployment Rate Rises to 14.4%," The Daily News Online, May 19, 2009.
Cowlitz County is already experiencing serious cuts in government services, and I'm talking serious.
Several Cowlitz County offices will be closed to the public every Friday, including the Assessor's Office and the Superior Court Clerk. Family Court will be closed each Thursday, and soon Juvenile Probation will be closed each Monday. See "Friday Closures for County Offices Begin Today," The Daily News Online, May 8, 2009.
In case you don't see the problem with closing the Superior Court Clerk's office, let me quickly explain that the Clerk keeps all the records for the court, opens court files, certifies copies of court orders, and records the date documents are filed with the courts. Many filings are time-sensitive; deadlines are mandated by state law. So, although I expect the Court itself to be open on Fridays, its ability to act will be seriously compromised without the Clerk's office.
I am sure the Cowlitz County Superior Court will arrange to handle emergencies, but I don't know how. How will the Court handle a Guardian ad Litem who needs an emergency order to authorize treatment for client? Will the hospital accept a copy of a court order which has been neither filed nor certified by the Clerk? Isn't the workload for Clerk's office employees just going to increase Monday through Thursday? It is easy for me to imagine big problems with closing the Clerk's office.
Happily, and knock wood, our own Superior Court Clerk's office has not announced such drastic measures. Court filing fees are increasing in July, but not because of the Clerk - the legislature has raised fees, and the additional amount will go directly to the State of Washington.
Interesting Times for King County Courts
On another note, the King County Superior Court Clerk has set up an electronic filing system. This will allow attorneys to file papers over the internet. (Awesome!) We can even open new cases over the internet! In King County, that is. As far as I know, King County is the first Washington county to create such a system, although I know our own Superior Court Clerk, Sherry Parker, has expressed interest.
I don't know if "E-Filing" will save King County any money, but it sure might save a lot of trees. I'll look forward to hearing how it works out.
The upshot - the next time you find yourself dealing with your local Court Clerk's office, remember they are dealing with a lot of responsibilities, and probably with reduced resources. Be patient and polite. Let's support each other through these tough times.
But we're doing well compared to Cowlitz County.
Hard Times for Cowltiz County Courts
I've been hearing concerns from our neighbors to the north for a few weeks. Cowlitz County's unemployment rate is even higher than Clark's. See "Cowlitz County Unemployment Rate Rises to 14.4%," The Daily News Online, May 19, 2009.
Cowlitz County is already experiencing serious cuts in government services, and I'm talking serious.
Several Cowlitz County offices will be closed to the public every Friday, including the Assessor's Office and the Superior Court Clerk. Family Court will be closed each Thursday, and soon Juvenile Probation will be closed each Monday. See "Friday Closures for County Offices Begin Today," The Daily News Online, May 8, 2009.
In case you don't see the problem with closing the Superior Court Clerk's office, let me quickly explain that the Clerk keeps all the records for the court, opens court files, certifies copies of court orders, and records the date documents are filed with the courts. Many filings are time-sensitive; deadlines are mandated by state law. So, although I expect the Court itself to be open on Fridays, its ability to act will be seriously compromised without the Clerk's office.
I am sure the Cowlitz County Superior Court will arrange to handle emergencies, but I don't know how. How will the Court handle a Guardian ad Litem who needs an emergency order to authorize treatment for client? Will the hospital accept a copy of a court order which has been neither filed nor certified by the Clerk? Isn't the workload for Clerk's office employees just going to increase Monday through Thursday? It is easy for me to imagine big problems with closing the Clerk's office.
Happily, and knock wood, our own Superior Court Clerk's office has not announced such drastic measures. Court filing fees are increasing in July, but not because of the Clerk - the legislature has raised fees, and the additional amount will go directly to the State of Washington.
Interesting Times for King County Courts
On another note, the King County Superior Court Clerk has set up an electronic filing system. This will allow attorneys to file papers over the internet. (Awesome!) We can even open new cases over the internet! In King County, that is. As far as I know, King County is the first Washington county to create such a system, although I know our own Superior Court Clerk, Sherry Parker, has expressed interest.
I don't know if "E-Filing" will save King County any money, but it sure might save a lot of trees. I'll look forward to hearing how it works out.
The upshot - the next time you find yourself dealing with your local Court Clerk's office, remember they are dealing with a lot of responsibilities, and probably with reduced resources. Be patient and polite. Let's support each other through these tough times.
Thursday, May 14, 2009
Clark County Real Estate
With Clark County real estate sales in the 30th straight month of decline (See "Clark County Home Sales Decline in April," The Columbian, May 13, 2009), I thought I would post some useful real estate sites.
With apologies to real estate agents, I don't trust their enthusiasm. Even the article I cited above contains a quote from a real estate broker describing the housing market as "in recovery." And I haven't found what I would consider to be in-depth analysis of our local real estate market; I guess Clark County just isn't big enough to warrant it.
However, I have found some regional real estate sites which hopefully could give readers as starting point:
Portland Housing Blog (this does have a Vancouver section)
Oregon Housing Blog
Seattle Bubble
I've read Portland Housing Blog from time to time and find it informative, but as I've said before, I am not a real estate lawyer and am not endorsing these blogs, especially not as a substitute for legal advice. I live here in Clark County and have a personal interest in the value of real estate.
I credit the idea for this post to a commenter on the Columbian article cited above.
With apologies to real estate agents, I don't trust their enthusiasm. Even the article I cited above contains a quote from a real estate broker describing the housing market as "in recovery." And I haven't found what I would consider to be in-depth analysis of our local real estate market; I guess Clark County just isn't big enough to warrant it.
However, I have found some regional real estate sites which hopefully could give readers as starting point:
Portland Housing Blog (this does have a Vancouver section)
Oregon Housing Blog
Seattle Bubble
I've read Portland Housing Blog from time to time and find it informative, but as I've said before, I am not a real estate lawyer and am not endorsing these blogs, especially not as a substitute for legal advice. I live here in Clark County and have a personal interest in the value of real estate.
I credit the idea for this post to a commenter on the Columbian article cited above.
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