Summer 2004 Lawyer

Cover Story –

The circle broken, restored

Inside –

From All Four Corners Summer 2004

THE LAWYER SUMMER 2004 – 1

TABLE OF CONTENTS Summer 2004 Feature Story 5

The Circle Broken, Restored

Features Cover Story

15

Alumni Profiles /From All Four Corners

25

Student Profiles

28

Commencement-Class of 2004

30

Reunion

Alumni Profiles

Departments 3

Message from the Dean

12

Class Action

14

Development & Alumni Relations

Commencement

32

Law Briefs

37

Those Who Will Be Missed

38

Faculty and Staff Notes

39

Career Services

Back Cover

Calendar of Events

Cover Photo: Smithmoore Myers

THE LAWYER SUMMER 2004 – 2

SUMMER 2004 Dean George Critchlow Editor Karin J. Olsen Assistant Dean Development & Alumni Relations Graphics Editor Gerald Almanza Director, Graphic Arts Copy Editor Susan Bowen Contributors Peter Tormey Associate Director of Public Relations John Power Photographers Karin Olsen Dean Davis

THE DEAN’S MESSAGE

Message from the Deans

D

an Morrissey stepped down as Dean of the Law School as of July 1, 2004 in order to pursue other teaching and administrative career oppor tunities. He will be on sabbatical leave during the 2004/05 school year. The University appointed Professor George Critchlow to the position of Interim dean while the University conducts a national search for a permanent Dean.

That search process is expected to take approximately one year.

As many of you may know, I have stepped down this summer to be freer to pursue some other administrative opportunities in higher education. My three years as Dean at Gonzaga Law School have been a great experience. Although the time has been a relatively short period in the 90 year history of our school, we have accomplished quite a bit.

During the last three years we have hired ten new faculty, all with distinguished academic Dean Dan Morrissey credentials. Our last bar pass rate has improved substantially over the previous one, so that for the last ranking in for the February exam, we were second in the state.

And the future looks good for on-going success. Our applications have jumped over 50% in the last three years.

Correspondingly the academic quality of our entering students measured by indices like grade point averages and LSAT scores has continued on an upward trend.

In addition, the Law School’s financial health is in good shape. Our budgets are balanced and we’ve reached a financial agreement with the university that will allow us to stabilize our enrollment. We should therefore be able to maintain our momentum to bring in classes with strong scholastic achievements.

I am also particularly proud of a new burst of scholarly output on the part of our faculty. In the very competitive world of legal education, it is extremely important that a law school’s faculty continue to distinguish itself by publication

or other high level academic work. Such activity will bring greater recognition for Gonzaga on the national scene that will redound to the benefit of our students and alumni.

In that regard my own tenure at Gonzaga provided some personal inspiration. This spring I published a lengthy study on the history and philosophy of Jesuit law schools in America. It is entitled Bringing the Messiah through Law: Legal Education at the Jesuit Schools and can be found in volume 48 of the St. Louis University Law Journal. I dedicated the article to two of the real giants of Gonzaga, Bernard Coughlin, S.J. and Frank Costello, S.J., respectively former president and vice-president of our university.

It has also been my pleasure to work in the magnificent new law building put up by my predecessor John Clute and funded by generous contributions from so many of our alumni. I’d also like to thank our current president Father Robert Spitzer and our Academic Vice-President Stephen Freedman for their wonderful friendship and encouragement, both for our law school and for me personally.

I’d like to acknowledge the wonderful support that John Holleran and our entire Board of Advisors has given me.

And of course, my deepest thanks to our great faculty for their dedicated service to our students. I’d like to single out Professors Amy Kelley, Helen Donigan, and Gerry Hess who have worked closely with me these past three years as associate deans and vice-dean.

Gonzaga is also fortunate to have a fine staff. My very special thanks and acknowledgement to two very talented women, Susan Harmon and Georgia Dunham who serve as Assistant to the Dean and Budget Officer for our Law School. I know that they will give my successor, Interim Dean George Critchlow, all the help he needs for a successful administration.

Next year I’ll be on leave from Gonzaga teaching over at Seattle University Law School. I’m not exactly sure where the future will lead me, but I’m honored to be joining the ranks of Gonzaga’s former deans, fine professors like John Clute and Jim Vache, and two senior colleagues, Smitty Myers and Lew Orland whose reputations for legal professionalism epitomize the enduring greatness of our school.

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THE DEAN’S MESSAGE

T

his is my inaugural message in the Lawyer as Interim Dean. First, I want to extend my thanks to Dan Morrissey for his faithful service as Dean of the Law School during the last three years. I am also grateful for the generous support he has given me in our effort to achieve a seamless changing of the guard.

I am privileged and honored to be temporarily at the helm of an institution that has shaped my professional life and given me a rewarding career combining teaching and public service lawyering. I have now been a clinical and classroom professor at the school for twenty-four years. My father attended Gonzaga Law School following World War II. I graduated from the Law School in 1977. I have enormous pride in the school’s history, its mission, its graduates, and its contributions to the bar, bench, and to the public interest in communities throughout the Northwest and beyond.

My sense of the Law School’s identity and future is this: The Law School should be the premier northwest law school for producing competent and skilled practitioners with a conscience and a commitment George Critchlow to public service. This identity should be reinforced by drawing upon our strong reputation in the area, our support among lawyers, judges, and public servants in the region, our extensive alumni, our committed faculty, staff, and students, and our Jesuit heritage. I believe it is realistic for the Law School to be the school of choice for quality students who care about the ethical and social responsibilities of our profession and who wish to attend a private law school in the Northwest.

The virtue of this vision is that it is consistent with the Law School’s history and mission, and does not require a radical realignment of values and priorities. It allows for a continued and balanced emphasis on good teaching, good scholarship, skills development, and public service. It does not require that we be in slavish lockstep with other law schools whose resources, missions, histories, and geographic characteristics are very different. It does require us to keep our priorities in order so that we can fulfill our responsibilities to our students, the profession, and the public.

One of these priorities is to ensure that we are attracting and retaining quality students who will be successful in school and practice, and who will fully embrace the responsibilities

their professional calling mandates. We must never overlook or dismiss the practical aspects of this process including preparation for the bar exam. Students should understand the importance of preparing for the bar. They should have the benefit of our strong institutional support to help them step seamlessly into the profession.

Another practical priority is raising the necessary financial support. The simple fact is that private law schools require significantly more financial resources than can be generated by tuition revenues alone. Just as the new Law School building has provided the physical foundation for our future, so too will the current endowment campaign provide the financial foundation for our future. Raising more money requires close coordination with the university development offices, a solid and long-range plan, and effective utilization of the Dean, law faculty, staff, and alumni. The benefit of raising more money in the long term is that it will enable the law school to reduce its dependence on tuition revenues and more readily accomplish important goals that are budget sensitive. These include merit and diversity scholarships, research assistance and scholarship incentives; curriculum enrichment (e.g. intellectual property, health care law, international law); expanded clinical offerings; loan payment assistance for graduates willing to pursue less remunerative public interest work; endowed chairs; library needs; and student programs such as moot court and Law Review.

My view is that the school’s reputation will be secure through our success at being true to our mission and becoming the best law school we can be consistent with that mission. If our students pass the bar, if they leave the school with the ability to competently pursue their professional goals, if they are practiced and comfortable in their efforts to grapple honestly with moral and ethical challenges, if they care about their clients and communities, then we will be proud of them, and they will speak well of us.

I will be a caretaker dean when caretaking is called for. I will be more proactive when I believe my vision, personality, experience, and skills can contribute to improving the Law School. My overarching goal is for students, alumni, friends and the local and state bar to be confident and positive about the Law School and its future.

I look forward to interacting with alumni and others who care about the Law School. If you have ideas, concerns or observations you think I should hear, please contact me.

THE LAWYER SUMMER 2004 – 4

FEATURE STORY

The circle broken,

restored

— By Peter Tormey

Law School Installs Area Tribal Seals in Barbieri Courtroom

N

ot so long ago, Native American tribes from throughout the region met regularly along the north bank of the Spokane River where the Gonzaga University School of Law now sits. Little wonder then that the Law School site and a spot near the Spokane Falls a mile west along the serpentine river remain places of great cultural and historical significance for the Native peoples.

Gonzaga itself was conceived with the intention of educating Indian children.

In fact, Gonzaga played a central role in what was designated as a National Indian Congress, held in Spokane in July of 1926. As noted by the late Father Wilfred P. Schoenberg, S.J., renowned historian of Pacific Northwest Catholic life, in his book “Gonzaga University: Seventy-five Years 1887-1962,” the “movement for this great congress had its beginnings at Gonzaga.” The congress was spawned from a football game between Gonzaga and the Haskell Indian Institute in Kansas that had been scheduled for Oct. 31, 1925.

Upon hearing from Northwest Tribal leaders that there would likely be up to 3,000 Indians attending the game, then Spokane Mayor Charles Fleming dispatched a committee of Indians to

Washington, D.C. to confer with the Indian Department. According to Fr. Schoenberg, President Calvin Coolidge and Indian Commissioner Charles Burke offered their full support for the upcoming congress to coincide with the football game. The football game was attended by some 13,000 people and won by the Indians (10-9 in the last moment of play). A large parade followed, one of the most colorful in Spokane history, in which Fr. Cataldo, nearly 90, and bedecked in a greatcoat, occupied a seat of honor on a float alongside Indians dressed in full regalia, many of whom he had known since coming to Spokane 60 years before. A solemn high Mass was celebrated the following day. The National Indian Congress in Spokane the following July was also a big success.

So, it was appropriate and just when representatives of nine regional tribes from the states of Oregon, Washington, Idaho and Montana attended a ceremony April 2 in the Barbieri Courtroom at the Law School to mark the unveiling of bronze casts of their tribal seals. The seals will hang in perpetuity in the Courtroom – paying tribute to the historic importance of the tribes and, perhaps more importantly, formally recognizing their identity as sovereign nations with their own justice systems and laws.

Early Jesuit pioneer Father Peter DeSmet explored the Spokane region and lived and worked with the Indians, followed

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by Gonzaga’s founder Father Joseph Cataldo who established Gonzaga in 1887. While Gonzaga was conceived as a school for the Native people, it never lived up to that promise and became a school for whites, as Edward J. Crosby (a 1922 GU alumnus) noted in an October 1919 story he wrote for the Gonzaga Monthly Magazine (which is no longer published and resides in the University’s archives.) “But the Indian school was never built. The dream of the Indian missionaries was never realized – for the first time their plans were doomed to failure,” Crosby wrote. “The Indian school, so fondly fostered in the minds of the Jesuits, quickly dropped out of existence, and was forgotten; and in its stead was reared a college for the white boys, sons of the settlers; a three-story brick building, 50 x100 feet in extent, hailed throughout the Northwest as the finest institution of its kind.”

As noted by Fr. Schoenberg, Gonzaga’s policy toward serving

new college had been greatly altered since it was first conceived. ‘No’, Father Rebmann said, ‘we do not receive Indian students. The school is exclusively for American boys.’ ‘Well, you call those Americans,’ Joset snorted. ‘What about these Indian boys? Surely, they are Americans, they were born in the country and have a prior right before anyone else.’ Father Rebmann, as you would suspect, had his way and Joset was forced to place his Indian boys in one of the mission schools.”

While Gonzaga went on to admit a small number of Indian students in its formative years and more later, it clearly had strayed from Fr. Cataldo’s conception of the school due to a convergence of many factors.

“While it’s true that Father Cataldo’s original idea in 1882 was for Gonzaga to be an Indian training school, by 1887 he had clearly abandoned it, for the reasons Father Schoenberg describes,” said David Kingma archivist for the Oregon Province of the

Indian Law Conference 1926

Native Americans had changed between the time of Fr. Cataldo’s first noble and altruistic concept and the opening of the institution in 1887.

Writing about Gonzaga’s opening, Fr. Schoenberg shares a telling story of the reality of the institutional attitude toward Indian students at Gonzaga’s beginning: “A few days after the beginning of the school year Father Joset appeared with two Indian boys. He informed Father President that he wanted to register them as resident students of the new college. The answer he received indicates that the policy of the

Society of Jesus. “Father Cataldo’s choices after 1893, when he was no longer Superior of the Rocky Mountain Mission, indicate that he was first and foremost an Indian missionary at heart. But he was also a realist, and no victim of circumstances concerning the direction that Gonzaga took.”

Nevertheless, the circle, a powerful symbol in American Indian spirituality, had been broken between Gonzaga and the Native community – a fact recognized by Father William Watson, S.J., in his invocation at the unveiling ceremony in the Barbieri Courtroom.

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Fr. Watson read a poem, “The Circle of Powers Broken and Restored,” a Native American story told to Father Pat Twohy, S.J.

by Johnny Arlee. The poem (reprinted below) speaks of how the feeling of sacredness present in all things was broken with the advent of the non-Indians and how there now exists a new feeling of power and self-direction among Native peoples, along with a yearning for a restoration of the circle. The poem is in the book “Finding a Way Home” compiled by Fr. Twohy (1983, St. Michael’s Mission, Inchelium, Wash.)

Several of the representatives of the tribes on hand for the unveiling thanked Fr. Watson for the invocation and spoke of hopes that Gonzaga would continue to work with them in supporting the education – undergraduate and legal – of more Native students. The nine tribes whose seals are now represented at the Law School are the Spokane Tribe; the Coeur d’Alene Tribe; the Kalispel Tribe; the Kootenai Tribe of Idaho; the Confederated Tribes and Bands of the Yakama Nation; the Nez Perce Tribe; the Confederated Salish and Kootenai Tribes of the Flathead Reservation (Montana); the Confederated Tribes of the Colville Reservation; and the Confederated Tribes of the Umatilla Indian Reservation (Oregon).

J

amie Hamel, vice chair of the Confederated Salish & Kootenai Tribal Council, said her people were honored and humbled by the recognition.

“We thank Gonzaga for recognizing and honoring our nation’s sovereign status,” Hamel said. “Sovereignty is the heart and soul of all Indian nations. We look forward to a continued Jamie Hamel relationship with your university.” Hamel said her tribal seal marks the end of traditional Indian society and the beginning of modern American society, which has resulted in unyielding encroachment on the lands of her people.

A

ntone Minthorn, chairman of the Board of Trustees of the Confederated Tribes of the Umatilla Indian Reservation in northeast Oregon, whose father earned a degree in civil engineering from GU in 1953, noted the irony of his efforts to address some of the negative impacts to treaty rights pertaining to water and fish that stemmed from two dams that his father worked to build.

Minthorn also spoke of his people’s hopes for

Antone Minthorn

the future in spite of a past filled with oppression.

“I believe that the Treaty of 1855, when we signed that treaty we signed away our sovereignty and were dominated by the federal government,” he said. “Today we are moving away from that toward self-determination, self-reliance and sovereignty. We are rebuilding our nation and I think that the flag is significant of that.”

M

argo Hill, a member of and attorney for the Spokane Tribe of Indians, graduated from the GU Law School in 1998 becoming the first member of her tribe to graduate from law school. Hill called the presence of the tribal seals in the Barbieri Courtroom a future power source for her people.

“It is so appropriMargo Hill ate that the Law School and the Barbieri family really present these seals and acknowledge the local tribal governments,” Hill said. “Long ago, all of our tribes used to gather together here along the banks of the Spokane River. It’s a little cluttered up now, but it’s still a real source of power for all our people. And it’s a place where we can all still come together and remember what our ancestors did and remember what they fought for and what they believed in.”

The presence of the tribal seals is nothing short of formally “acknowledging the tribes and the local tribal governments and the place of our people and our culture within the establishment,” she said. “Part of acknowledging the tribes is you are really respecting and acknowledging our ways of life as he mentioned in the poem and recognizing our source of power, and that is so important to us. I was also a law student here at Gonzaga and am now home working for our people. It’s so powerful for me to be able to come back to my school and see the seals and see the Law School really respecting our ways

THE LAWYER SUMMER 2004 – 7

of life and our choices.”

However, much work still needs to be done to restore the circle, Hill said.

“The circle has been broken even to this day,” she said. “I think there is a lot of work that needs to be done to restore the Native people but part of that is education and our own selfdirection of our own people, and it is restoring the trust. I think this goes toward that and respecting the sovereign status of each tribe in honoring tribal governments.”

D

avis Washines, who introduced himself by his Native name Yallowash, represented the Executive Board of the Tribal Council of the Confederated Tribes & Bands of the Yakama Indian Reservation.

“The building makes the person,” Washines said, quoting the late American architect Frank Lloyd Davis Washines Wright. “As we enter this impressive room and as our children will sit in these chairs that we sit in today, and as they look maybe they will glance up at these shields that represent those people who took care of this land for thousands of years and that will be maybe be an inspiration to all children who come to this school of learning.”

Washines said his people also are grateful to Gonzaga for the education of several of his tribe’s members.

“Now we carry the message back to our people that we have a place here,” Washines said. “A place has been made to recognize what we call an independent and free nation.”

Former U.S. Supreme Court Chief Justice John Marshall used the term “dependent nation” in Cherokee Nation v. Georgia (1932), Washines said.

“We are beginning to think that maybe we are not a dependent nation but that we are a free, independent nation,” he said. “As we begin to develop our economies, these are the messages that hopefully our young people will carry forward.”

Ernie Stensgar, longtime chairman of the Coeur d’Alene Tribal Council, said the fact that his tribal seal will be displayed in the Barbieri Courtroom with the other regional tribal seals was much appreciated by his people.

“This recognition that we’re receiving from Gonzaga is very, very important to all of us and very important to all of us across the nation,”

Stensgar said, adding the importance of the law in today’s world cannot be overstated. “Everywhere we turn our lands are being coveted and our waters being coveted.”

Education, he said, remains a top priority for his tribe and others.

“I am so very proud of the young men and women who have gone on to higher education here at Gonzaga and other places of higher learning throughout the country,” he said. “We look forward to many men and women coming out and serving their country.”

Anthony Johnson, chairman of the Nez Perce Tribe Executive Committee, thanked Gonzaga for “the leadership you displayed recognizing the sovereign status of the Indian people.”

Johnson said his predecessors provided many good laws, including “never be the first to break a bargain, and never take anything without giving just compensation.” At one time, those simple laws were adequate and easily understood. However, increasingly more complex laws passed down through the history of Western culture have been a source of great suffering for the Indian people.

“And through that suffering we have come to a point where our sovereignty has always been under attack by the mainstream society,” Johnson said. “Today we sit here with you celebrating a shift. In time, those people who come here to learn the practice of law will know there is an Indian law out there and they will learn Indian law side by side and understand that there is another level of sovereignty in America and that we give Gonzaga today great credit for leading the way in establishing this philosophy and displaying the sovereign status of the Indian nations of the Northwest for all to see. I want to thank you personally on behalf of the Nez Perce Tribe.”

Phillip Haugen, Kalispel Tribal member and executive director of the Kalispel Tribal Gaming Board, also expressed his profound thanks for the recognition on behalf of the Kalispel people and spoke optimistically about the future.

“We are honored to have our seal up here and, like the speakers before me expressed, it’s just wonderful to be a part of this great educational institution,” Haugen said. “I hope that we all continue and that our young ones grow up and get a great education and move forward into the next century and beyond.”

Also representing their tribes at the unveiling ceremony were Gary Aitken, chairman of the Kootenai Tribal Council, and Joseph Pakootas, chairman of the Colville Tribal Business Council. On hand to welcome the tribal representatives and participate in the ceremony was Donald K. Barbieri, whose family name graces the Barbieri Courtroom.

“I remain hopeful that this new century will bring a new era of cooperation and mutual benefit for tribes and the governments with which they interact, whether state, federal or local. And I see this law school playing a key role,” said Barbieri. “We need to see more tribal members attending this law school, going on to become lawyers and judges practicing in all of the courts of this state.”

THE LAWYER SUMMER 2004 – 8

The

Rainmakers – By Peter Tormey

T

he plan to formally honor the regional tribes by placing their seals on display in the Barbieri Courtroom was initiated by Gonzaga University Law Professor Mark Wilson, who came up with the idea, and Juliana Repp, a member of the Nez Perce Tribe of Idaho, a 1991 GU honors graduate and 1995 GU Law School alumna.

“I told Mark that he and I were the rainmakers behind this event,” said Repp. “Of course, we could not have done this without the support of (outgoing) Dean Dan Morrissey and former Dean John Clute, Bonnie White at the Law School, and, of course, the tribes.” Repp helped contact the area tribal councils to request permission to display their tribal seals in the Barbieri Courtroom.

Repp emphasized that there may be more than the nine tribes honored in the Courtroom, but the nine tribal seals represent most of the tribes whose members Gonzaga initially intended to educate.

Juliana Repp Repp has worked for Columbia Legal Services in Spokane since 1999, primarily representing low income persons in the area of family law, public benefits and individual rights, in tribal, state and federal courts. “There is a lot of reward in representing people who otherwise would not have

access to justice,” Repp said.

Repp is serving her third term on the Kalispel Tribal Gaming Board. She has also served as vice president of the Northwest Indian Bar Association since 2001, and currently serves as trustee for the Indian Law Section of the Washington State Bar Association. Both Repp, who has worked for and with most of the tribes in the region, and Wilson said they believed the unveiling ceremony was historic not merely in terms of Gonzaga’s relationship with the Native peoples but also because it marked probably the first time in decades that the regional tribal representatives had gathered together.

‘Incredible Moment’

R

epp said it was rewarding to work on this project and see the standing ovation in the Barbieri Courtroom when the tribes’ seals were unveiled – particularly in light of the fact that all the tribes contacted sent representatives to the ceremony.

“That was really significant,” Repp said. “It was an incredible moment to see everyone in the Courtroom stand up and applaud when the tribal seals were unveiled.”

Repp has co-chaired several Indian law conferences that have been held at the Law School in the past few years. The unveiling ceremony itself was followed by a daylong conference on American Indian Law, jointly sponsored by the GU Law School and the University of Washington Law School. The conference, an annual offering of the schools, focused on regional Indian law issues, and featured co-chair Robert T. Anderson, a member of the Bois Forte Band of the Minnesota Chippewa Tribe and a nationally respected attorney and recognized advocate for Native people and their rights.

Anderson currently serves as assistant law professor at the UW Law School and directs its Native American Law Center. The conferences were approved for continuing legal education (CLE) credit.

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The Future: Gonzaga and Native People

R

epp and Wilson both said they would like to see Gonzaga offer more undergraduate and law scholarships for Native Americans, and find other ways to collaborate and strengthen these important relationships.

Repp said one way to do that will be to have tribal courts hold appellate hearings in the Barbieri Courtroom. Already, the Confederated Tribes of the Colville Reservation have expressed interest in doing so.

“I also hope that Gonzaga University would consider appointing an Indian Advisory Board to help guide recruitment of Native students and work on policy and development of Indian law programs,” Repp said. “It would be nice to have some of the Native American nations from this region, for whom Gonzaga was contemplated, have some input into the development of policies and curriculum at the University and the Law School.”

In addition, Repp and Wilson see a need for the Law School to expand its Indian law studies so that all GU law students have a

familiarity with Indian law. Repp is working to include Indian law as an “absolutely necessary” component of the state bar examination because of the far-flung legal implications of the existence of 29 federally recognized tribes in the State of Washington and the frequent intersection of tribal law and Indian law with state and federal law.

Wilson, who has worked tirelessly in support of area tribes, believes it would be helpful to create a legal library resource and legal repository of Indian law at Gonzaga for members of the regional tribes. Also, he added, there is great need at the Law School for a faculty member whose sole focus is Indian law in order to expand the curriculum to benefit Indian legal education.

“The whole Indian legal system is different and we have a lot to learn from them,” Wilson said. “Both the Anglo-American legal system and the Native American legal systems can learn from and inform each other.”

In the meantime, acting Gonzaga Law School Dean George Critchlow said, the Law School is interested in strengthening Gonzaga’s historic relationship with the Native people by considering these possibilities and others.

The Circle of Powers Broken And Restored

A

Native American story told to Father Pat Twohy, S.J. by Johnny Arlee. This poem is in the book “Finding a Way Home” compiled by Fr. Twohy (1983, St. Michael’s Mission, Inchelium, Wash.)

The First Circle In the days of the original Indians There was a strong sense of the mysterious, The Sacred, present in all things, The earth, the sky, the sun and moon.

The trees, rocks, the streams and wind, The clouds and lightning, In these a man or woman could encounter The Holy, something with Power.

Powers given for helping, leading, healing, Could be seen as a whole circle of powers In which all people could share, Be part of, if it came to them.

It took many gifts of power To many individuals to make up The Circle of Powers that was

The sustaining force of a band, a People.

These powers were all under the Creator, “The one up above.”

They came to individuals When they were placed out alone as children To see if they would be given a gift: A helper, a song with power.

These things were experienced and respected.

The people knew how to live.

And work with these powers.

The Circle Broken When the non-Indians came This whole world was interrupted.

There was great darkness and emptiness.

The white man could not see Or appreciate the Indian world.

He did not usually respect it.

He had his own view of the earth, His own powers and sources of power.

He had his own way of doing things.

The Blackrobes thought the Indians

THE LAWYER SUMMER 2004 – 10

Were a People of great dignity, Sincerity, and goodness.

Blackrobes were not considered to be outsiders.

Yet they were not Indian.

They hoped to be friends Who could in some way help the People To survive.

The Blackrobes, the Chiefs, and the Elders Had a strong respect for one another.

Prophets from among the tribes Had foretold the Blackrobes’ coming.

But the pride of the men was broken.

Their hearts were sad, confused.

They felt their powers for leading, For healing and holding their people together, To be wounded and waning.

The Blackrobes also had powers; They taught a new spiritual Way. The grandparents agreed with this Way; It seemed much like their own.

The Blackrobes and Sisters would Run schools for the children To teach them the new powers That could come from knowing Letters, numbers, books.

All this helped a People move Into a new age. The Chiefs, the men and women Prayer Leaders, the Catechists, The Church Builders and Doormen, All worked together with the priests.

But the old Circle of Powers was broken.

It was not so shared anymore.

It appeared that priests and Sisters Had a greater part of the circle Of spiritual powers for leading and helping.

The People felt more receiving than giving, Being told rather than listened to.

All this was happening in a world

Where Indian Ways came more and more to be Criticised, condemned, ignored.

And the Circle has remained broken Even to this day.

The Sense of the Sacred There have been many men and women saints, Many hold Prayer Leaders And good, selfless Chiefs.

But the feeling grew strong That holiness was more in the priests, Brothers and Sisters, Than in the whole People together.

The sense of the Sacred Grew more confined to those things Within a Church or in things carried: A rosary, a medal, a picture.

The sense of the Holy Being in all things was lost.

The Circle Restored Today there is a new feeling of strength And self-direction among the People.

It would be good if the Circle of Powers Were made whole again.

It would be good to see again Men and women, Elders, priests, deacons and Sisters All equal in sharing in the circle of gifts For helping the People.

This Would Be a Circle and a People This would be a Circle of men and women Who feel they are sons and daughters of their Creator, Brothers and sisters in Christ, Full of reverence for the Holy Present in all Creation.

This would be a People full of trust In each other and in their Maker, Together facing and choosing a path From the past into the future and the totally unknown.

THE LAWYER SUMMER 2004 – 11

CLASS ACTION ’77

Clifford Webster was recently featured in the May issue of Washington Law & Politics, in an article that identifies him as one of a handful of “lobbyists to call to get things done” in the Washington state capital. The article presents a glimpse of five lobbyists “whose high levels of integrity, know-how and people skills have garnered them respect and influence on both sides of the aisle.” Cliff heads the firm of Carney Badley Spellman, a government affairs practice group in Olympia.

’80

Robert J. McKanna

Nancy Isserlis was presented with the Smithmoore P. Myers Professionalism Award by the Spokane County Bar Association in March. Nancy recently took a new position as partner with the firm of Winston Cashett in Spokane. Her practice will focus on bankruptcy.

William J. Grant

’54

Robert E. Anderson, William J. Grant, Robert J. McKanna, and John L. O’Connor all class of ’54 were presented with their fifty year awards at the Spokane County Bar Association’s Annual Professionalism dinner in March.

’76

Mary Ellen Gaffney-Brown ’89 and Peter Lineberger ’76 have joined together in the firm, Lineberger and GaffneyBrown, in Spokane.

Lineberger, concentrates his practice in the field of matrimonial and family law.

Lineberger was nominated the 1999 SCBA Volunteer Lawyers Program “Attorney of the Year,” and was Chair of the WSBA Family Law Section for 2002-2003.

Peter Lineberger ’76 Gaffney-Brown’s area of concentration is commercial litigation, including business reorganizations, workouts and complex bankruptcy practice. Currently, she is the president of the Creditor Debtor Section of the WSBA and President-elect of the Bankruptcy Bar Association of Eastern Washington. She was awarded the Spokane County Bar Assn. Bankruptcy Attorney of the Year, 1999.

Nancy Isserlis ’80

Washington State Gov. Gary Locke has appointed Port Townsend lawyer Craddock Verser ’80 to the Jefferson County Superior Court.

Verser, who served as a public defender in both Stevens and Jefferson counties before going into private practice, will succeed Judge Thomas Majhan, who died last month. Verser will have to stand for election this fall.

’81

Valerie McNevin recently went to the World Bank to work in the areas of cyber-security and critical infrastructure for the financial sector.

The thrust of her work is to assist emerging economies in designing legal frameworks for financial systems that are built on open-network architecture. She recently co-authored Valerie McNevin ’81 a book published by the World Bank entitled “Electronic Safety and Soundness: Securing Fiannce in a New Age.” The Bank just hosted an international conference in Singapore on May 17 & 18 focused on the same subject and attracting representatives of central banks, financial regulators, private companies, and academic institutions from over 17 countries.

THE LAWYER SUMMER 2004 – 12

CLASS ACTION ’84

John Powers, former mayor of Spokane, was recently selected as president and CEO of the Economic Development Council of Seattle and King County. Powers brings to his new position a belief in the importance of collaboration, as well as an understanding of regional issues gleaned from his role on the John Powers ’84 Competitiveness Council. He was chosen after a nationwide search and arrives at a time when major corporate players in this area see a need for a dramatic new initiative for job creation and leadership to bring about a resurgence in the local economy.

’93 Victoria Rusnak Pearson ’93

Victoria Rusnak Pearson ’93 has opened her law practice in Seattle, Wash. specializing in Corporate, Real Estate & Environmental law. She is a member of the Washington State Bar Association, the California State Bar, and the District of Columbia Bar, as well as the King County Bar Association. In 1995 she received her LL.M in Environmental Law from George Washington University School of Law in Washington, D.C.

’94

Lawrence Merrifield has recently been appointed Director of Litigation Communications at Poorman-Douglas Corporation, a division of EPIQ Systems. Most recently he was a case manager in the Lawrence Merrifield ’94 Bankruptcy Department where he acted in the capacity of a claims and noticing agent for large and complex Chapter 11 bankruptcies across the United States. He continues to run and coach, winning a silver medal at the 2003 USATF National Masters Championships M35-39 5000m. He recently coached a local Portland runner to a spot in the 2004 US Women’s Olympic Marathon trials in St. Louis.

’95

Mariah Eastman, of Three Forks and Bozeman, Mont. has agreed to serve as Gallatin County’s chief public defender, a job she has been doing on an interim basis. Her focus will remain fixed on the unexpected increase in caseloads the public defenders office has experienced. Since the office became functional on Oct. 1, attorneys have tackled nearly 600 cases.

’97

Jay Rodne, Snoqualmie attorney and Marine reservist who served in Kuwait and Iraq, is Washington State’s newest Republican House member for the 5th District.

Rodne is a Snoqualmie City Council member and has a private law practice. He and his wife Heidi have two children. Rodne is a major in the Jay Rodne ’97 U.S. Marine Corps Reserve and second in command of a 1,200 member reserve battalion. He and the unit were activated in February 2003, and went to Kuwait and Iraq in support of Operation Iraqi Freedom. He returned in June and was deactivated in August. Rodne will stand for election this fall.

Juliana (Kendall) Burnett ’97 is a criminal prosecutor with King County in Seattle. Rob Burnett ’96 is a general business and tax associate with the Bellevue firm of Peterson, Russell and Kelly.

They have one son (21months) and are expecting their second child in July.

’03

Ronnie Rae was sworn in as a member of the Federal Bar on May 17, 2004. He is also a member of the Washington State Bar and serves in sole practice in Spokane, specializing in criminal defense and personal injury.

After passing the Illinois bar exam, Laura DiNardo was recently hired at Stellato & Schwartz in Chicago, Ill., a medium size firm of 35 attorneys. She works with their litigation section doing mainly insurance defense. The firm’s main clients are USAA, AAA, and First Nonprofit.

THE LAWYER SUMMER 2004 – 13

DEVELOPMENT & ALUMNI RELATIONS Haskell contributes entire fee to Gonzaga Center for Law and Justice

law school as well” said Haskell.

The vast majority of clinic cases do not generate fees. They are a straight dedication of pro bono work. Occasionally, there are some fee generating cases that fall within the clinic guidelines that ection 6.1 of the Washington Rules of Professional consider the economic status of the client, the client’s inability to Conduct states that “every lawyer has the professional secure adequate representation, the equities involved, and the responsibility to assist in the provision of legal services to public interest to be served. Another factor is whether there is a those unable to pay.” It is to the profession’s credit that legal basis to require the adverse party to pay plaintiff’s costs and most lawyers take this obligation quite seriously and, as the fees. The case Stephen Gonzaga Law Clinic is Haskell and the clinic discovering, some are took on met all the fulfilling this responsiestablished criteria. bility in substantial but Frequently, cases of very diverse ways. this type are of such One recent example complexity and duration was a case of neglect and that they are not easily abuse brought by taken by practicing Spokane attorney, lawyers on a pro bono Stephen Haskell ’77, in basis. However, by partnership with the partnering with the Gonzaga Law Clinic clinic, attorneys can against a home leverage their efforts healthcare provider through the work of whose actions resulted in clinic students and injury to and, ultimately, faculty. It also provides the death of one of the mentoring for clinic provider’s elderly students in specialized patients. Haskell worked areas they might not Al McNeil, Steve Haskell, George Critchlow, Alice Duper and Emma Paulsen. with Gonzaga Clinic otherwise be exposed to. faculty member Al Partnering arrangements McNeill and students Alice Dupler and Emma Paulsen. Together, can also create some significant new opportunities for pro bono they secured a favorable mediated settlement which compensated service in areas that better match the individual attorney’s specific the plaintiff’s family and effectively ended a dangerous pattern of expertise. serious neglect in the facility.

In addition to Stephen Haskell’s generosity, the law clinic In partnering with the clinic, Haskell had the benefit of highly and its students have been the beneficiaries of another substantial motivated law students who did much of the contribution – the time and talent of some highly research. In return, the students had the skilled and experienced attorneys. It all started with advantage of Haskell’s experience and Jim Connelly ’53, a retired partner at the Winston expertise, and the client had quality representaCashatt law firm and a past U.S. Attorney for the tion that resulted in a favorable settlement.

Eastern District of Washington. Over the years, Haskell’s contribution did not stop there.

Connelly made a significant commitment of time to The case in question involved a split fee the clinic on a volunteer basis. Since his retirement, arrangement with the clinic. When the verdict this commitment has increased. This year, he was was rendered, Stephen Haskell made a joined by recently retired Spokane Superior Court generous contribution of his entire fee. It was a Judge Richard Schroeder ’63; Owen Clarke, the $50,000 donation with $30,000 designated to former head of the Attorney General’s Consumer the Clinic Endowment, a fund designed to Protection Division for Eastern Washington and provide long-term funding for the clinic, and prominent appellate attorney, and Debra Stephens $20,000 to be used for priority needs in the ’93. While each one brings a unique blend of clinic’s current operations. experience, expertise and perspective, all are united in a common Haskell saw this as a great opportunity to make a multi-faceted commitment to provide exceptional mentoring to our students and contribution by doing legal work within his particular area of a high level of representation to those most in need. Each has specialization. “It is important for every lawyer to engage in pro managed to meet their professional responsibility to provide bono work and this is one way to do it and hopefully encourage access to justice in a most significant way. others to do something for the good of the client and the good of the

S

THE LAWYER SUMMER 2004 – 14

ALUMNI PROFILES From All Four Corners Smithmoore P. MYERS ’39 Spokane, Washington

I

n every school or university you will find a few exceptional individuals who have made a truly defining contribution to the life and character of their institution.

At Gonzaga Law School, Smitty Myers is one of those individuals.

Born in Cheyenne, Wyoming in 1914, Smitty Myers came to Spokane at the age of three with his mother, his six-year-old brother Robert, and his nine-year-old sister Nellie. If young Smitty and his siblings had one great advantage in life it was their mother Julia, a single mother and a woman of tremendous strength and spirit who was devoted to her children and their welfare. Although his parents had divorced when Smitty was quite young, his mother went out of her way to ensure that their father remained a regular part of the children’s lives.

During his first five years in Spokane, Smitty attended five different grade schools. As one might expect, he excelled academically except for one anomalous “F” he received as a first grader in, of all subjects, public speaking. Smitty’s mother and teacher conferred and concluded the grade was due to the young boy’s shyness and not his lack of ability. Given Smitty’s subsequent prowess in debate, legal argumentation, and public speaking, it would seem their assessment of the situation was accurate.

Within a year of arriving in Spokane, Smitty’s mother found employment in the women’s shoe department of the Crescent, a job she would have for the next two decades. Although it was a demanding six-day-a-week job, Julia Myers made sure she was home every noon to fix the children’s lunch. There was never any question of the priority her children held in her life.

In 1922, the family moved to a house in Peaceful Valley. The $15 a month rental provided them with a small home that had one cold water faucet, and toilet facilities located on the screen porch at the rear of the house. As Smitty recalls, they felt very comfortable in their Peaceful Valley residence. They would have been content to stay had not tragedy struck in 1924, when Smitty’s older brother, Robert, died of rheumatic fever.

Grieving her loss, Julia Myers could not endure the bittersweet memories so the family moved to an apartment at Fourth and Lincoln on Spokane’s lower South Hill.

Now attending the Hawthorne School, Smitty was told one day that there would be a debate with a neighboring school and that he had been selected to participate. Although he wasn’t quite sure what it was all about, he prepared and did well. His one enduring memory of the occasion was that he liked it. On that day, a seed was planted.

At Lewis and Clarke High School Smitty was a member of the two-person freshman team which vanquished the upper classes in the school’s intramural debate competition. His forensic skills were so good that he made the school’s varsity debate team as a freshman. Myers also

THE LAWYER SUMMER 2004 – 15

ALUMNI PROFILES

excelled academically. He finished his final year at Lewis and Clarke as Senior Class Vice-President, with the second highest academic average in his class.

There was never any doubt that Smitty Myers was headed to college and that that college would be Gonzaga. Just as he had in high school, Smitty became active in debate and student government. He enjoyed the academic challenge and the quality of instruction he received from teachers such as Fr. Leo Robinson and from Fr. Albert Lemieux who was his debate coach.

To help finance his education, Myers took on the 1:00 a.m. to 7a.m. shift at Sacred Heart Hospital where he worked the switchboard and ran the admitting office. It was 42 hours, seven days a week, but during the occasional quiet times, Smitty found time to study.

At Gonzaga, Myers was an outstanding member of a very successful varsity debate team. On one occasion Gonzaga’s forensic juggernaut went up against a team from the University of Idaho that included a young man named Lewis Orland who would later become very well known to both Myers and generations of Gonzaga students. (See news clip from 1935 in Law Briefs page 32.)

Smithmoore P. Myers ’39 Spokane, Washington

During his undergraduate career, Smitty Myers served as president of his sophomore and junior classes, and as a senior he was elected Gonzaga Student Body President. He completed his studies with the top academic rank in his class, graduating summa cum laude in 1936.

By the time he began his senior year, Smitty fully understood that his talents and interests were a perfect match for a career in law. But law school would have delayed his ability to contribute economically to the family. On a Sunday walk with his mother he carefully broached the idea of going to law school. Although an additional income would have helped, Julia Myers didn’t hesitate a moment in her response. “If that is what you want to do,” she said, “then that is what we will do.”

Any doubts Smitty may have had about his presumptive vocation, were dispelled early in his law school experience. His subjects interested him and his teachers won his admiration. He saw some very different but effective approaches in the classroom.

There was the very scholarly and patient Dean James Emmet Royce; the feisty and demanding Mike Kerley; and the highly professional Frank Weaver, who would go on to serve on the State Supreme Court.

Finances were always an issue for students during these times and Smitty tried his best to make ends meet. One summer, while working in a local brewery warehouse, the boss asked Smitty to make a beer delivery for him. The only problem was that Smitty

didn’t have a driver’s license. In fact, he did not even know how to drive. But Smitty was a quick study and the boss was a trusting soul. He gave Smitty his personal automobile to practice with and when late afternoon rolled around, he put Smitty in the driver’s seat of a truck with instructions to deliver kegs to a drinking establishment in one of Spokane’s more questionable areas. Smitty successfully negotiated the roads and the alleys and began rolling the kegs off the truck. After observing the relatively slight delivery man wrestling with the heavy kegs, the tavern owner asked Smitty if he intended to make a career out of beer deliveries. Smitty told him he was a law student just doing work for the summer. The tavern owner suggested Smitty would be better served by sticking to law. For Smitty, it was advice well received and gratefully followed.

In law school as in his undergraduate years, Smitty had the full confidence and respect of his peers. He was a three time class president, and as senior he was elected President of the Student Bar Association.

By his final year of law school, Smitty’s academic skill and solid personal reputation attracted the attention of Superior Court Judge Richard Webster, who offered Smitty a highly coveted position as his clerk. In that capacity, Myers briefed cases for the judge. He also conducted interviews with and prepared assessment reports on young people slated to appear on the court’s weekly juvenile docket. It was an excellent job that payed $150 a month, which was considerably more than most young lawyers in Spokane were making at that time. Because he needed transportation to conduct these interviews, Smitty put down $250 to buy a 1932 Ford Model C. Thanks to prior experience, he was now fully licensed and sufficiently skilled to make use of his new purchase.

In April of 1939, Smitty’s mother collapsed at her work from complications brought on by pneumonia. Her health was poor and he and his sister Nellie agreed she would not return to work.

Smitty received his degree summa cum laude that spring but he put off taking the bar exam due to his mother’s poor health. He continued working at the court and studying for the bar in the evening. In 1940 he finally took the bar and, as he found out some twenty years later, received the highest grade in the state. That same year, he was asked to return to the Law School as an instructor of real property. From the moment he began, Smitty Myers loved teaching and knew he wanted it to be a part of his professional life.

In 1942, with World War II looming, Myers received a call from Creighton Flynn, a law school classmate from Tacoma. Flynn told him about a new naval officer program designed to train administrative officers who could free trained pilots for flight duty.

Smitty liked the idea and convinced another classmate, Norm Johnson, to apply. Both were accepted and received their orders for the Quonset Pointe Naval Station in Rhode Island. After the two month training, the officer in charge asked Smitty to stay on as his Chief Administrative Assistant. Smitty accepted and remained an additional year at Quonset Pointe performing administrative duties and teaching naval law.

The following summer, Myers applied for and was accepted

THE LAWYER SUMMER 2004 – 16

ALUMNI PROFILES to train as a non-pilot navigator. During his navigator training in New York City, he received a call from his law school friend, Jack Close, who asked Smitty if he wanted to join him in the VR2 program, at the Alameda Naval Air Station in California. For the next two years, Myers was part of an “on call” flight crew that took “flying boats” all over the Pacific. His assignments sent him to Sydney and Auckland as well as Guadalcanal and the other battletorn islands. As soon as enemy air defenses were suppressed, the squadron’s “flying boats” came in with much needed supplies.

In November of 1945, Smitty Myers was honorably discharged from the Navy with the rank of Lieutenant Commander.

On the recommendation of a Deputy State Attorney General whom he had met in the service, Smitty applied and was accepted for a position with the Washington State Attorney General’s office. For the next two years, he did trial and appellate work for the office including a number of appeals before the Washington State Supreme Court.

In 1947, he joined Gonzaga graduates Tom Kelley and Art O’Sullivan as part of a general practice law firm in Seattle. Over the next eight years he developed an excellent practice which included a good amount of appellate work as well as a thriving specialty in the area of motor freight transportation law. In time, he became the chief lawyer for more than twenty local area freight carriers. It was a practice and a life he could have Sandy and Smitty Myers easily maintained had he not agreed in 1955 to go to lunch with Father James Linden, Gonzaga’s Law School Regent.

Since he came to Gonzaga in the 1930s, Father Linden had passionately pursued the goal of improving the Law School and bringing it to full stature. In 1952 he helped Gonzaga become the first night school ever accredited by the American Bar Association.

He was now intent on building a stronger full-time administrative staff and faculty. He wanted to take the Law School to the next level and he saw in Smitty Myers a person who could help him get there. Over lunch, the highly persuasive Fr. Linden asked Smitty Myers to become the new Law School dean.

It was not an easy decision for Smitty. After the meeting, he walked the Seattle waterfront for nearly five hours as he considered his options. In the end, his affection for the school and his love of teaching won out and he agreed to return to his alma mater as Dean.

Over the next decade, Gonzaga continued to mature and improve as a law school under the able direction of Dean Myers.

The full-time faculty was increased, admission standards were

improved, legal writing courses were made part of the curriculum and ABA standards limiting outside work for students were enforced. During that period the quality of graduates was excellent.

They performed consistently well on the bar with average pass rates of 85% or better.

It was during this initial term as Dean, that Smitty Myers met the person who would change his life for the better – for ever. It was 1957 when he went down to the U.S. Courthouse to meet with the U.S. District Court Judge. As Smitty tells it, he “approached the counter when this vision of loveliness approached and said ‘May I help you?’” It was Sandy Sandulo. At that point Smitty admits that his voiced cracked like a 14 year old’s. As Smitty describes it “This is the most beautiful woman I have ever met and I’ve killed myself in the first 15 seconds.” While Smitty’s description of the young lady was accurate, his assessment of the situation could not have been more in error. This first halting encounter with Sandy Sandulo would mark the beginning of the most important and defining relationship of his life.

Unfortunately, it would be two years before Smitty could pursue the relationship in earnest. The day he met Sandy, he was appointed special master for a long complex water rights case. Due to Sandy’s work, there was at least the appearance of a conflict of interest in Smitty dating someone who worked with one of the ligitation teams.

In 1965 Smitty was appointed U.S. Attorney for the Eastern District of Washington by President Lyndon Johnson. For Smitty it was as close to an ideal job as you could get. He successfully tried a variety of cases on both the criminal and civil side. Smitty Myers would have been content to stay on indefinitely, but the change of political power in Washington ended his tenure in 1969.

That same year, Smitty Myers returned to private practice in Spokane with Eldon Reiley, Gene Annis and Paul Bastine. In 1971 the firm merged with a tax group that included Scott Lukins and Gary Randall. The new firm was named Lukins Myers and Annis.

Although the law firm was growing and prospering, Smitty Myers, could not ignore his increasing desire to return to the classroom. He compromised by teaching an equity class from 1971 to 1973 while maintaining his practice, but this only whetted his appetite. In 1973 he returned to full time teaching, taking on class sections in torts and products liability.

The school he returned to was far different from the one he had left less than a decade earlier. Gonzaga now had a day school

THE LAWYER SUMMER 2004 – 17

ALUMNI PROFILES and a large student body drawn from all over the country. The faculty members were no longer predominantly Gonzaga graduates and the old Webster School had been significantly expanded and remodeled. It was an exciting time with a bright and highly engaged student body, but it was also apparent to him that there were strains associated with this rapid transformation.

Matters came to a head when the Law School’s application to become a member of the American Association of Law Schools was met with a critical review by the Association’s membership committee. As a result the Law School voluntarily withdrew its application.

At the same time, the students were taking a more activist stance regarding facilities and resources. It was in the midst of this turmoil that the new University President, Fr. Bernard Coughlin, approached Smitty Myers about assuming the deanship. Myers had no illusions about the problems he faced. But in the final analysis his loyalty to the school and sense of service overcame any reservations based on personal interest. After insisting on a vote of confidence from the faculty and student body, Myers accepted.

As one who had the confidence of all, Dean Myers moved quickly to restore trust among the parties and to address the critical issue of tuition revenues. He took the concerns of faculty, students, and accreditation agencies to Fr. Coughlin and found a receptive hearing and a sincere resolve to rectify the Law School’s problems.

He opened lines of communications with the students and, as far as practicable, implemented their recommendations. He negotiated a highly favorable revenue-sharing agreement with the University and secured expanded building space for the faculty and administration. He also successfully addressed pressing concerns regarding admissions standards and faculty turnover. In the final analysis, he managed to restore a high level of trust among all interested parties and to put the Law School back on solid footing. He was so effective that by the fall of 1977, the Law School was approved for full membership in the American Association of Law Schools. In recommending acceptance, the Association’s membership committee expressed amazement at how far the school had come in such a short time.

In 1978, Smitty Myers had done what he set out to do. He resigned as Dean and returned to full time teaching. He would have been content to teach until his retirement, but another special opportunity arose when the Federal Judicial District of Eastern Washington received approval for a full time U.S. Magistrate Judge. Finally, the man with the quintessential judicial temperament could have his own court. The offer was made and Smitty Myers accepted.

The U.S. Magistrate Judge’s position was for an eight-year term. On the criminal side, Magistrate Judges handled only initial appearances. On the civil side, Magistrate Judges could try any case but only with the consent of both parties. In the sixth year of Myers’ term, the Ninth Circuit conducted a study to determine what percentage of trial lawyers in each district would be willing to bring civil matters before their local magistrate. The results were a remarkable endorsement of Magistrate Judge Myers. In the Eastern Washington District, 95% of trial lawyers said they would

bring their civil cases before the local magistrate judge without reservation. This was by far the highest positive response in the entire circuit. The next highest district recorded only a 65% positive result.

Smitty thoroughly enjoyed his tenure as U.S. Magistrate Judge. He had a full and varied civil caseload. Indeed, given the speedy trial requirements of criminal cases, he wound up with more civil trials than the U.S. District Court judges. When his term ended in 1987, Myers returned to his first love – the classroom. For the next eight years a very youthful and vigorous Smitty Myers taught Federal Jurisdiction to a new generation of Gonzaga law students. When he retired in 1995 at the age of 81, Myers had completed a teaching career at Gonzaga that spanned more than 55 years.

As Smitty moved through his career, he maintained that most important relationship with Sandy Sandulo. They had a long but necessary engagement period because Smitty was the only surviving child and the main support for his infirm mother, who had lived with him for many years. Neither Sandy nor Smitty wanted to disrupt Julia’s life and they felt their marriage would do just that. Smitty had an undying love for and gratitude to this strong woman who had done so much for him. Sandy, who shared in that love and affection for Julia, supported his decision.

Smitty’s mother died in 1982 at the age of 96. A few months later, Sandy and Smitty’s 24 year engagement ended when they were married by Fr. Frank Costello S. J. in the Gonzaga Chapel.

As anyone who knows them will tell you, you cannot really understand Smitty without reference to Sandy and vice versa. They are the true light of each other’s lives - the perfect compliment. But their love is not the exclusive kind. With her outgoing personality, her intelligence, wit, warmth and verve, Sandy insures that you can never be just their acquaintance. It only takes about sixty seconds, a few engaging words and a warm hug from Sandy to initiate you into their large and diverse extended family. They are a generous couple who take time to visit the infirm, to encourage those going through difficult times, and to celebrate birthdays and special occasions in other people’s lives.

At one of several parties held in honor of Smitty’s ninetieth birthday, a diverse group of hundreds of friends gathered to celebrate with the Myers. Whether measured in terms of age, ethnicity or occupational status, it was as diverse a group as could be imagined. The thing they had in common was their great affection for Smitty and Sandy Myers. That was the only real reason they needed that evening to interact and enjoy the company of otherwise total strangers.

By any measure, Smitty Myers has enjoyed a career that is as remarkable for its breadth as for its longevity, and he has received his share of accolades. His alma mater has honored him with the Gonzaga Law Medal and the Distinguished Alumni Merit Award.

Last year, it conferred upon him the title of Dean Emeritus. The Washington State Bar has recognized him with their Award of Honor and Merit as well as the Professionalism Award. Not only did the Spokane County Bar make Smitty Myers the first recipient of their professionalism award, but they named it in his honor.

THE LAWYER SUMMER 2004 – 18

ALUMNI PROFILES Smitty Myers is not one given to self promotion. It is simply not in his nature. He has never sought recognition or even great accomplishments. He has simply and generously put his considerable abilities at the service of others for all the right reasons. He has not only been a wonderful lawyer, teacher, judge and dean, but he has been an exemplar of what a lawyer should be. He has won our great respect and our deep affection. By virtue of his example, he has made his professional colleagues proud to be attorneys and the graduates of his alma mater proud to be Gonzaga lawyers.

Molly McQueen ’94 Portland, Oregon

I

t has only been ten years since her graduation from Gonzaga Law School, but in that decade, Molly McQueen has built a remarkable career in the technically sophisticated areas of securities, finance, and international law. A strong work ethic, an openness to change, and the courage to “go where the action is” are some of the qualities that have enabled McQueen to thrive in these complex and highly competitive areas, while holding down key legal positions with several of the country’s most prominent financial services companies.

Although her father worked for the Washington State Department of Insurance, Molly McQueen never gave a second thought to a career in financial services or law during her formative years. The fourth of five children, she grew up in a Seattle

Molly McQueen ’94 Portland, Oregon

neighborhood just north of the University of Washington campus.

After her freshman year at Seattle’s Garfield High School, her family moved to Olympia when her father was appointed Deputy Insurance Commissioner.

As she looked toward her future, Molly McQueen decided to study in the only area that held a real fascination for her – international relations. She selected Scripps, an all women college that is part of the Claremont consortium of schools in Southern California, on the basis of its strong program in international relations. In addition to solid academics, Scripps also offered Molly the opportunity to spend her junior year of study off campus. For her, that would include one semester studying what was then referred to as the European Community at the Institute of European Studies on Molly McQueen ’94

the French campus of the Free University of Brussels, in Brussels Belgium; as well as one semester studying American Foreign Policy at the American University in Washington, D.C. After graduation McQueen returned to Seattle and, like so many graduates, began working in a field totally unrelated to her undergraduate major. Her first position involved conducting field research for a media marketing and consulting firm. This was followed by work with an executive search firm serving Seattle’s burgeoning high tech and bio-medical companies. As the months wore on, she felt a restlessness and a growing sense that she wasn’t on the right path.

Her instincts told her that graduate education would provide the best opportunity to increase her career options. So she began considering programs in communications, business, and law. She was still undecided when she sat for the January 1991 LSAT exam.

She had no particular expectations since her one undergraduate law course had failed to kindle any enthusiasm in her. But much to her surprise, she enjoyed the test with its strong emphasis on logic.

Seven months later she was part of the entering class at Gonzaga Law School.

From the very beginning, Molly McQueen knew she had made the right decision. The restlessness was gone and she found herself totally engaged in her subjects. She had heard law school was highly competitive but her experience at Gonzaga was of a highly supportive community with accessible faculty and encouraging friends. “I felt that the only one I was competing against was myself.”

McQueen had a special regard for professors such as Gerry Hess, Speedy Rice and Bill Clarke. She marveled at Professor Hess’s ability to engage and motivate his students. “He made civil procedure not only understandable but enjoyable” she noted. She admired Speedy Rice for his strong and consistent commitment to principle, and Bill Clarke for his deep knowledge of the law and his highly professional demeanor.

Outside of class, McQueen worked for the local firm of Connolly & Connolly. Here she gained both practical experience and the good example of a young lawyer named Lisa Bradley who is now the Gonzaga Law School Dean of Students. In Bradley, McQueen saw a very good and dedicated lawyer who consistently managed to combine great professionalism with a remarkable level of grace, humor, and personal warmth. “For me” said McQueen, “Lisa Bradley was one of the few true role models I had. If anyone ever said that I reminded them of Lisa Bradley, I would take it as a great compliment.”

After receiving her J.D. magna cum laude in 1994, McQueen turned to another Jesuit institution, Georgetown, to pursue her master’s in the University’s highly regarded LL.M program in International & Comparative Law. This move was consistent with her long-standing attraction to international studies and it brought her back to Washington, D.C., the city she had enjoyed so much as a college junior. Although it would not be immediately evident, her knowledge of international law was to prove highly relevant to her future professional endeavors.

Her first position after finishing her LL.M with distinction

THE LAWYER SUMMER 2004 – 19

ALUMNI PROFILES was with the legal department of CNA, a leading global insurance organization based in Chicago. This was to be the first of many “trial-by-fire” experiences in her career. She had never taken insurance law and yet she found herself with a desk full of files, unfamiliar subject matter, a host of clients awaiting definitive legal answers, and very little supervisory assistance.

Faced with the situation, McQueen began what would become a familiar drill. She picked up the first file, read it, researched it, applied her best judgment, gave her advice, and moved on to the next file. And it worked. Over the next several years she would get very comfortable with this approach and very skilled at it.

At CNA McQueen provided legal counsel for all phases of the corporation’s specialty: reinsurance and professional liability insurance operations. Even though she was not expecting it, her work also took her into international legal matters since most reinsurance involves off-shore operations.

In 1997, Molly McQueen was offered a new opportunity with real general counsel responsibilities when CNA acquired Hedge Financial Products. The new division was pioneering some highly innovative products designed to spread insurance risk, not by transferring it to industry reinsurers, but by securitizing it and bringing it to the capital markets, and they needed their own dedicated attorney to assist them.

The new position brought Molly to New York and the center of the financial universe. She loved the energy, the pace and the people she worked with. She was in a demanding and competitive environment dealing with highly sophisticated and rapidly evolving legal areas. But, she was more than up to the challenge of learning and succeeding through the “trial by fire” approaches that had served her so well.

At CNA Hedge Financial Products, McQueen advised clients on a full range of legal issues arising from the division’s securitization operations and other insurance hedging transactions. She structured and negotiated one of the industry’s first catastrophe bond transactions. She also served as a member of the working group for the National Association of Insurance Commissioners where she was a principal author of model legislation designed to bring off-shore, multi-transaction standalone insurance entities (known as protected cell companies) back into the United States and under a competitive domestic regulatory environment.

After two years in this position, McQueen accepted an offer from Marsh & McLennan, a highly regarded international professional and financial services firm, to serve as Chief Counsel for their investment banking and capital markets business unit. This unit specialized in alternative risk transfer, risk securitization, structured derivatives and collateralized credit transactions. They were also involved in mergers and acquisitions, advising primarily to client insurance companies. Molly McQueen’s background in international law was once again of significant value since her client base included operations in London and Bermuda.

By the end of 2000, Marsh & McLennan had initiated a new concept in risk management services offering one-stop shopping

to their Fortune 500 clients. This new Enterprise Risk Division analyzed, advised and serviced the entire range of a client’s operational, financial, and investment risks. They took on everything from the placement of standard commercial lines insurance policies, to the management of maturing pension fund obligations and foreign currency exposures. It was a high level operation for their very best customers, and they chose Molly McQueen to head up the division’s legal department.

This was a great opportunity for McQueen; it incorporated everything she had learned up to that point. Her legal work covered issues in financial risk management, alternative risk transfer, capital markets and investment banking practices. Legal matters also arose in connection with the division’s substantial foreign operations in jurisdictions such as Canada, the Netherlands, Portugal, Spain and Hong Kong. During this period McQueen also served the broader financial community as a member of the Bond Market Association’s Risk-Linked Securities Committee and as 2002 Chair of the Best Practices and Standardization Subcommittee.

For Molly McQueen the situation could not have been better—with the exception of one very important matter. She had spent the greater part of her last decade far from her parents, her siblings and their families. As much as she loved New York and her years with CNA and Marsh & McLennan, she knew the time was right to think about coming back to the Pacific Northwest.

Given her highly specialized practice, she understood it would not be easy to find a good career match close to home. As it turned out she not only needed patience and flexibility but a good deal of salesmanship as well. She had an interview with a high-end international investment advisory firm in Portland, Oregon. At first they thought they were just looking for a compliance officer with a law degree, as all non-compliance related legal work was being outsourced to law firms in Portland, Los Angeles and Chicago.

When she interviewed she told them that what they really needed was a General Counsel. She backed up this assertion with a highly convincing cost/benefit analysis. In the end, Molly McQueen sold the position first and then she sold herself.

Today, Molly McQueen is Vice-President and General Counsel of Compass Advisors LLC. Compass Advisors offers management and consulting services to investment corporations, fund managers, trustees, pension and retirement funds, foundations, non profits, and qualifying individuals. In her role, McQueen manages the legal affairs of the investment advisory firm and its global affiliates, including their hedge and private equity fund operations and their directed brokerage unit. She deals with all the regulatory and transactional aspects of the company’s businesses conducted through their offices in the United States and Switzerland.

Molly McQueen is enjoying her new work and her new life in Portland. The scope, sophistication and international aspects of her job continue to challenge and engage her. Although she misses New York she still has relationships with many old friends and colleagues from the city’s financial and investment community.

Instead of a city apartment, she has a new house on a hill overlook-

THE LAWYER SUMMER 2004 – 20

ALUMNI PROFILES

Bridget (McInerney) Harris ’79 and L. Randolph (Randy) Harris ’78 Washington, D.C.

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n the third floor of the Law School building, next to a case filled with trophies, citations, and other awards, is a plaque listing 21 Gonzaga Law graduates who have held clerkship positions with the United States Tax Court. The recognition of these clerks is truly appropriate because they are among the very few selected from a national pool of highly qualified applicants in a highly competitive process. To be a clerk for this court is a great honor and a privilege. The first two names listed on this plaque are those of Randolph and Bridget Harris. They are not only the first Gonzaga graduates to hold these positions; they are also the first husband and wife ever to clerk with the court.

One was from the east coast and the other from the west, and neither had any thought of a career in tax until they encountered Gary Randall, Gonzaga’s legendary tax master, who had the uncanny ability of introducing unsuspecting law students to the wonders of Title 26 of the United States Code.

Randy Harris was the first to arrive at Gonzaga. He came in 1975 after traveling the country and working to save money for his graduate education. The idea of law school had begun to grow on him when he was pursuing his degree in political science at Mansfield State College. With two parents who were teachers, Randy certainly valued education but he had had no significant contact with lawyers. As far as the profession was concerned, he

held no preconceived ideas about what he would be doing after he earned his law degree.

Bridget McInerney was a native of Oakland, California.

During her high school years, she traveled and volunteered in Central and South America.

These were very positive experiences that nurtured her ambition to enter the field of international relations. In pursuit of this goal, she Bridget Harris ’79 attended Georgetown University where she earned her degree from the School of Foreign Service. After graduation, she decided to attend law school. Although her father was a lawyer, Bridget had no intention of practicing law. She simply felt that a law degree would be the perfect educational compliment for anyone entering her intended field of diplomacy and international relations.

Bridget arrived on campus in 1976 and endured the mild transitional shock one might expect for someone who had lived most of their life in major cities. She liked Spokane and enjoyed the camaraderie of the Law School students. The more personal atmosphere she encountered was certainly a marked change from the environment of a large university like Georgetown.

Although she had experience in many areas, Bridget discovered she was lacking one skill that seemed to be a staple activity of her peers – she couldn’t play pool. One afternoon she set out with her roommate, Julie Twyford, to rectify this deficiency at the Bull Dog Tavern. Unaware of traditional player protocol, Bridget laid five quarters on the table to ensure she got enough consecutive games to really learn something. Fortunately for her, the next player up was Randy Harris who did not object in the least to her guileless attempt to monopolize the table. By the end of the fifth game, their friendship had begun.

ing Portland’s downtown area. She loves the area’s active lifestyle which for her includes frequent jogs along the city’s Esplanade.

Most of all, Molly McQueen enjoys the time and opportunity she now has to take the short trip to Washington State to be with her family.

By any measure, Molly McQueen’s first decade of professional life has been remarkably accomplished. When she looks back at the past ten years, she does so with a real sense of gratitude for the opportunities she has had. She genuinely appreciates the unique roles which Scripps, Gonzaga, and Georgetown played in preparing her, and she is quick to mention her “good fortune” at having so many things in her life that “just seemed to work out well.” She is less inclined to talk about her own role in creating those good outcomes. She doesn’t dwell on her strong work ethic, the courage she demonstrated in taking on new challenges, and her extraordinary ability to master complex areas of business and law “on the fly.” If the past is truly prologue, there is every reason to expect that these same personal qualities and abilities will continue to bring Molly McQueen “good fortune” for many decades to come.

Bridget & Randy Harris ’78 Washington, D.C.

At this point, Randy was in his second year. In addition to his law classes he was also working as a Rule 9 intern with the local law firm of Fish, Schultz and Tombari. It was a terrific learning experience for Randy who remembers the trio of Jim Fish, Stan Schultz and Bill Tombari as great legal mentors. During his time with the firm, Randy received wide-ranging exposure to the practice of law, handling matters as diverse as incorporations, real estate transactions and DUI defense work.

It was also in this second year that Randy first encountered

THE LAWYER SUMMER 2004 – 21

ALUMNI PROFILES Gary Randall. He saw in Professor Randall an extraordinary teacher and communicator who had a unique ability to enthuse the class. Randy not only enjoyed going to class but he developed a real affinity for statutory analysis and the order he found in the code. Once tax caught his attention he took every course he could.

He also began thinking about Gary Randall’s recommendation that he take his tax education to the next level by pursuing an LL.M. Good fortune came Randy’s way late in that second year when an acquaintance suggested he meet a friend who was in town. The friend was Judge Randolph Caldwell of the U.S. Tax Court who was in Spokane hearing cases. Over dinner with the judge, Randy learned more about the Tax Court. His interest grew.

Later he spoke with Gary Randall who encouraged him to apply.

Randy knew he would have to work following graduation, so he applied and was accepted for the term beginning in September of 1979. Once the clerkship was offered he decided on the Georgetown tax program for his LL.M. While Randy was thinking about Washington, Bridget was having her own particular tax epiphany. She claims that math is not her strong suit, so she was genuinely surprised with her own interest and growing competency in tax. Tax soon became her favorite class and Gary Randall her favorite teacher. She said that he never forgot the name of any student and he always managed to keep the class interesting and enjoyable.

“Gary Randall.” she says, “made me want to succeed even if he deliberately referred to me as Ginger.”

When she wasn’t going to class or interning at the law firm of Lukin & Annis in Spokane, Bridget was studying. That commitment to her studies intensified in her third year when she Randy Harris ’78 decided to obtain her LL.M in tax.

After her graduation in May of 1979, Bridget returned to California to study for the bar. Randy, who had already taken and passed the Washington Bar, decided he also wanted to be licensed in California. Two weeks before the bar, Randy showed up in Oakland, and, using Bridget’s notes, he began a crash course on California law. He took the exam and headed off to Washington, D.C. When the bar results were published in the paper, the name of Randolf Harris was missing from the list of those who had passed.

Bridget gave the bad news to Randy, but he wasn’t fazed in the least. “An error of omission,” he asserted. Bridget was amazed at his confidence if not his grasp of reality. However, she checked with the bar and discovered that it was, in fact, an inadvertent omission. Randy Harris had passed the California Bar. During the first months of Randy’s clerkship, Bridget worked in Oakland. In May of that year, Randy and Bridget were married.

The following month, Bridget began her classes at Georgetown and part-time work for a D.C. law firm. In September there was an unexpected opening for a clerkship on the Tax Court. Bridget applied and was accepted. Now both husband and wife were totally immersed in tax, spending their days at the U.S. Tax Court and their evenings across the street taking graduate tax courses at Georgetown. Weekends were most always spent with a good friend from law school, Michael Boland ’78, and his wife, Debbie.

For Bridget and Randy, their clerkships with the Court were truly once-in-a-lifetime experiences of inestimable value. Their judges proved to be exceptional mentors who not only gave them good counsel but also great responsibility in researching and initial drafting of opinions. To assist them in their research, the Court made every imaginable resource available to them. The variety of cases gave them a broad exposure to the tax law and this established a remarkable foundation for their legal careers.

By the fall of 1981, the Harrises had completed their clerkships with the Court and their LL.M. studies. They returned to Oakland, California to begin their practices. However, it would be nearly 15 years before they would work together again as professionals.

Randy went to work for a seven-lawyer firm specializing in construction litigation. While he did some litigation, Randy’s main role was as the firm’s tax and business law specialist.

Within four years he became a partner in the firm.

Bridget hired on with Crosby, Heafey, Roach & May, a 60plus member firm in Oakland. She started in the firm’s business department where she handled a wide range of business matters including real estate transactions, corporate and partnership work, and estate planning. During her tenure with the firm, Bridget had the couple’s first two children.

In 1985, she moved to the Oakland office of Thelen, Marin, Johnson and Bridges, a San Francisco law firm of several hundred attorneys. At Thelen, Bridget focused almost exclusively on tax and estate planning matters and also managed to have her third and fourth children. She and Randy actively shared in child care during these years. Since tax practice is largely transactional in nature, Bridget believes that it has been easier for them to accommodate the demands of home and family life. She says the planning and scheduling aspects of tax markedly reduce the crises which are so frequently a part of law practice.

In 1992, two years after her youngest child was born, Bridget joined Randy at his firm. In 1995, the two ventured out on their own, forming Harris and Harris, a practice dedicated to business transactions and estate planning. Today they have a thriving firm of five attorneys and two paralegals, located in downtown Oakland. Bridget’s practice focuses on estate planning, trusts, partnerships, LLCs and general business, while Randy is involved with business transactions, especially the purchase, sale and mergers of large companies.

In its eight years, the firm’s practice has grown in both volume and sophistication. Bridget and Randy relish the challenge this change has created. Even with their emphasis on

THE LAWYER SUMMER 2004 – 22

ALUMNI PROFILES

Alejandro (Alex) Vilarello ’82 Miami, Florida

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hen he looks back on his early childhood, Alejandro Vilarello cannot help but appreciate how far he and his family have come to find their places in their adopted country. A native of Havana, Cuba, Vilarello was three years old when his father was killed during the ill-fated Bay of Pigs invasion in 1961. His family had assumed that the antiCastro forces, backed by the United States, would persevere so they remained in Havana awaiting their liberation. But it was tragedy not liberation that came. They were forced to leave Cuba during the brief window of time when regular flights continued to operate between Havana and the U.S. mainland. Vilarello’s mother, who did not speak English, his older brother, aunt, uncle, and his grandmothers, arrived in Miami sustained by the hope of starting a new life.

Within a few years, Vilarello’s mother remarried and moved the family to Michigan. He attended first and second grades in Detroit public schools. Thereafter, his family returned to the Miami area. They preferred the warmer weather and familiar environs of South Florida.

Vilarello continued his education in Florida. While attending Coral Gables High School, he began to think seriously about a career in law. He had an older step-brother who was an attorney, and one of his most inspiring teachers was also studying to be a lawyer. He was further influenced by the cultural mind-set of many Cuban families who valued education as an asset that could not be taken away even by the government.

With law school in mind, Vilarello chose to major in American Studies at the University of South Florida. The program, which focused on U.S. history and English literature, placed great emphasis on reading and writing – two skills which Alex Vilarello ’82 are essential for success in law school.

The summer after his graduation from college, Vilarello explored all the regions of his adopted homeland. In traveling around the country he decided that he wanted to move out West.

This desire, coupled with a firm intent to practice law, explains why he wound up on the Gonzaga campus in late August of 1979.

Spokane proved to be somewhat of a revelation to this young Cuban-American. Not only was the weather different, so were the people and the pace of life. He noticed that in Spokane, a car stuck in traffic would often get help from passing motorists; in Miami the same situation would often cause honking horns and shouted expletives.

Although he knew no one when he arrived, Vilarello quickly made friends. Steve Lingenbrink, a future classmate who occupied the apartment above him, made him feel welcome.

Before long he had met classmates Steve Sheehy, Dave Draper, Steve Thorsrud, Mark Mostul, and Steve Lamberson, who became part of a core group that shared study, social, and recreation time over the next three years.

Vilarello distinctly recalls his first year law studies at Gonzaga. He fondly remembers Vern Davidson’s contracts as his

THE LAWYER SUMMER 2004 – 23

specialties, they enjoy remarkable variety in their work. They serve many overseas clients, especially Pacific Rim businesses, as well as a wide range of professional and commercial clients. Their client list includes, among others, people in the music industry, wineries, hotel chains, restaurants, import-export firms and sports franchise owners.

Today, more than ever, Bridget and Randy value the broad educational and work experiences they enjoyed in their earlier years.

It gave them a breadth of perspective that has served them and their clients well. They are specialists but with strong generalist foundations. This helps them spot a wide range of critical issues and to understand important interrelationships among the various elements of complex transactions. No matter how narrow and technical an issue might be, they are able to put it in the context of the bigger picture. Throughout the years Bridget and Randy have stayed in touch with Gary Randall, always mindful that “Gary’s enthusiasm was the catalyst that ignited our interest in tax law.”

Balance between career and family has not been easy, but Randy and Bridget Harris appear to have kept their priorities in order. Today they have their ideal law practice located a mere seven minutes from their home. While their oldest son Cornelius and their daughter Elizabeth are off at college, fifteen-year-old Liam and eleven-year-old Dermot remain at home. Over the years, Randy and Bridget have abided by a long standing practice—they never talk about law or careers at home. When they are at home, there are simply too many other important things to do.

Since Randy and Bridget clerked at the U.S. Tax Court, there have been 19 other Gonzaga Law graduates who have followed in their footsteps. In a very real way, each of the 19 owes a debt: first and foremost to Gary Randall but also to Bridget and Randy Harris.

By their efforts, Bridget and Randy set the tone and established a reputation for integrity, competence, and hard work that continues to this day. It is a reputation that reflects most favorably on their alma mater and on those Gonzaga graduates who have also aspired to those very special clerkships with the United States Tax Court.

Alex Vilarello ’82 Miami, Florida

ALUMNI PROFILES most memorable and entertaining class. He noted that Vern loved Vilarello’s lyrical name and enjoyed letting the properly accented words “Alejandro Vilarello” roll off his tongue.

Vilarello was frequently called on in class, especially when Professor Davidson forgot the seating chart. An unintended byproduct of this was Vilarello’s proficiency in contract law. He knew that in a pinch he would be called on, so he made sure he was always prepared.

In his third year, Vilarello joined the Clinic where he worked with Mark Wilson, George Critchlow, Larry Weiser, and Bonnie White. The clinic was one of his most valued experiences in law school. He developed practical skills which gave him a feel for the practice of law.

In spite of a busy schedule, Vilarello managed to find time for relaxation. A member of a high school championship soccer team in Florida, he enjoyed participating in the area’s soccer leagues. In the winter, he went to area ski slopes with his friends.

His law school experience, which began with such great trepidation for Vilarello, ended with a wonderful sense of enjoyment and satisfaction. “It was a great and very meaningful three years,” said Vilarello, “I wouldn’t hesitate for a second if I had the chance to make the same decision over again.”

Although he loved the Pacific Northwest, Vilarello found the call to family and home too strong to resist. After his graduation in May of 1982, he returned to Miami where he prepared for the Florida bar and began his job search. Both endeavors proved successful.

He interviewed with two potential employers, the Miami City Attorney’s Office and Miami Legal Services. The former had no openings at the time but Legal Services offered him a position. A year later the Miami City Attorney’s office called him when a position became available. Vilarello accepted and began a seven-year tenure with the office.

He began by doing routine transactional work on city contracts. Being anxious to go to court, he pressed his superiors for a more active role in litigation. His request was granted. He was assigned to the litigation department where he dealt with police torts and civil rights matters, as well as premises and auto liability. In time, his skill and work ethic were recognized and he was appointed Chief Assistant City Attorney in charge of litigation.

Vilarello continued to look for every opportunity to learn, and to expand the scope of his responsibilities. An opportunity came his way in 1990 when he was selected as City Attorney for Hialeah, the state’s fifth largest city. In Hialeah he inherited a small legal department that contracted much of the city’s legal work out to private firms. Over the next eight years, he built the department into a well functioning unit of eight lawyers and an equal number of support staff who handled all of the city’s legal work. In addition to directing the city’s legal office, Vilarello was also given responsibility for Hialeah’s Risk Management Operations.

In 1998, Vilarello was given the chance to return to the City of Miami law department, as City Attorney. Because Miami was

a city in the throws of deep financial and political crisis, many close friends, who had his best interests at heart, advised him not to take the position. Political scandals and financial irregularities were rampant. The state had stepped in and created an oversight board to manage the city’s finances. The City Attorney’s office reflected the turmoil engulfing the city. Vilarello was facing a challenge of immense proportions. Politics were tainting the legal advice given to elected officials and city administrators.

There was a breakdown in communications and a complete lack of trust between offices. Vilarello did not underestimate the challenge, but he had confidence in his plan of action and a belief that he had the leadership skills needed to turn things around.

Vilarello laid down strict rules that prohibited his lawyers from engaging in any political activity connected to elected city officials or any issues that could impact the city. He also required the Department to speak with one voice – and that voice was to be his. No longer would city officials get inconsistent legal advice shaped by political considerations. Vilarello also instituted administrative reforms that increased efficiency.

It took nearly three years, but Vilarello righted the ship by cleaning up the office, restoring trust relationships, and creating changes that enabled the department to operate like a well-run law firm, not a ponderous and politically-motivated bureaucracy.

A good measure of his success is the fact that he was unanimously reappointed as City Attorney after each of the last two mayoral elections.

Having met the most pressing challenges, Vilarello truly began to enjoy his work. For him, this has been a dream job. He likes working for what is essentially a $500 million dollar enterprise with a substantial and diverse legal pratice that includes significant labor and tort issues as well as financial and property management concerns. Every day, he expects five to fifteen different legal issues to come across his desk. His office is a fast-paced work environment with 30 lawyers coming in to discuss a wide range of legal matters.

It has been an exciting and interesting several years for Vilarello, but change is now on his horizon. Throughout his professional career Vilarello has always been energized by new challenges. He simply is not content administering the “status quo.” This summer he will take on a new role when he joins Akerman Senterfitt, a 400 member law firm, as a shareholder. At Akerman Senterfitt, he will be specializing in two areas where he has significant experience – real estate, and land use planning. It will be a new challenge, but one that will allow Vilarello more time to spend with wife Beth and sons – Michael 21, Jordan 18, and Brandon 8.

Alex Vilarello will leave government with a well-deserved sense of accomplishment for all he has done for the City of Miami and its citizens. He has earned his reputation as a good lawyer, an excellent administrator and an honest public servant.

He has every reason to reflect proudly on how far he has come.

THE LAWYER SUMMER 2004 – 24

STUDENT PROFILES Higer recipient of Dean’s Academic Achievement Award

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avid Higer ’04 was the recipient of the Dean’s Academic Achievement Award for the Class of 2004 at this year’s commencement ceremony. David has been married to Cheryl, the reigning Mrs. Idaho, since 1993 and they have two children, Christina and Isabel, ages 5 and 3. After receiving his undergraduate degree in Civil Engineering from the University of Washington, and prior to attending law school, David served as an officer in the United States Air Force. He also worked in corporate management for five years before entering Gonzaga University School of Law. During law school, David has been an Academic Resource Program Tutor, Constitutional Law Tutor, a Research Assistant, and David Higer summer counsel for Boise Cascade Corporation. He was also a member of the National Moot Court Team for two years and a member of the Gonzaga Law Review. Academically, David has received the Lawless Scholarship, been on the Dean’s List every semester, received the CALI Excellence for the Future Award 17 times for achieving the highest class grade, and has been published in Tax Notes Today. After graduation, David will be clerking for the Honorable Thomas G. Nelson, Senior Circuit Judge for the Ninth Circuit Court of Appeals.

Across Borders hosts second annual symposium

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he Gonzaga Law School’s Across Borders International Law Journal hosted its second annual symposium in the spring of 2004. Symposium Editor, Meghan McEvilly reported that the event was hugely successful and took a lot of work.

They are particularly proud of the event because Across Borders is the only student group that organizes a symposium.

Gonzaga University law student Marc Johnston captures national writing honor

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arc Johnston, a second-year Gonzaga University School of Law student, has captured first place in the American Bar Association’s writing competition in the Tort Trial and Insurance Practice Section.

The Tort Trial and Insurance Practice Section (known as “TIPS”) is the ABA’s main substantive law section for most civil trial attorneys. Its focus is on bringing together plaintiffs attorneys, defense attorneys and insurance and corporate counsel for the exchange of information and ideas about that area of practice.

Johnston’s award-winning article/paper addressed the U.S. Supreme

Court’s new ruling in State Farm v. Campbell and in particular how the ruling would affect plaintiffs lawyers when attempting to uphold large punitive damage awards. His paper also included a section that was designated as strategy for plaintiffs lawyers who attempt to uphold large punitive damage awards both in trial and on appeal.

The paper was titled, “The Supreme Court’s New Take on Punitive Damages in State Farm v. Campbell: Criticism and Strategies for Plaintiffs Lawyers Navigating the New Rules.”

The paper was unanimously chosen by the selection committee, which also commented that this year’s submissions were the best they had ever received.

As the winner, Johnston received a $1,500 cash prize and free round-trip airfare and weekend hotel accommodations to attend the Section’s spring leadership meeting at the Marriott Resort and Spa in Napa, Calif. Johnston’s essay also will be considered for publication in the national Tort Trial and Insurance Law Journal.

Gonzaga University law student Wehmeyer elected to ABA leadership post

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atricia Wehmeyer, a first-year student at Gonzaga University School of Law, has been elected to the American Bar Association Law Student Division Board of Governors.

Wehmeyer represents law schools in the division’s 12th Circuit, which includes all ABA-approved law schools in Alaska, Idaho, Montana, Oregon and Washington.

Wehmeyer was a Peace Corps Volunteer and legislative aide for the Washington State Legislature before she started law school. She currently serves on the Gonzaga Student Bar Association Board of Directors and hopes eventually to be a Washington state legislator.

The Law Student Division is the second largest division in the ABA with more than 50,000 members from ABA-approved law schools across the country. Each year, student bar association presidents and ABA campus representatives in each of the division’s 15 regional circuits elect a circuit governor, who serves as that region’s Patricia Wehmeyer representative to the Law Student Division’s Board of Governors. The circuit governor and other student leaders work with ABA leadership on loan repayment, bar admission requirements, legal education reform and other issues of importance to the nation’s law students and lawyers.

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STUDENT PROFILES For more information about the Law Student Division, including leadership opportunities for students, see www.abanet.org/lsd.

The American Bar Association is the largest voluntary professional association in the world. With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.

Mission Accomplished: 15 Gonzaga law students spend spring break in rural Dominican Republic —by Jaime Hawk ue to the generosity of dozens of donors and the support of the faculty, 15 Gonzaga law students traveled to Cruz Verde, Dominican Republic, for a spring break service trip.

Inspiration for organizing the trip originated from the Gonzaga undergraduate Mission:Possible program run through the Center for Community Action and Service Learning (CCASL) at Gonzaga. For the past five years, over one hundred undergraduate students have completed service projects in low-income communities throughout the U.S. The time had come to begin a similar program for the Law School. The program, also called Mission: Possible, continues the commitment to social justice and service, but on an international level. The goal of the program is to promote international volunteerism and cultural exchange, to provide law students with the opportunity to learn about and experience a different culture, and to gain perspective and understanding about the struggles and challenges facing people throughout the world.

Additionally, a Jaime Hawk legal component was incorporated into the trip. By meeting with law students in Santo Domingo, we hoped to learn about the practice of law in a civil law country and about some of the unmet legal needs in the Dominican Republic.

Sister Island Project (SIP), a non-profit organization based in Washington, was a perfect match for our group. SIP organized our trip, through the day-to-day leadership of Roberto, the local liaison for SIP in Cruz Verde. SIP has been organizing similar trips for groups of volunteers for the past three years. The learning center

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we helped build while in Cruz Verde is currently being funded and directed by SIP. To learn more about SIP and how you can help, please visit: www.sisterislandproject.org.

While in Cruz Verde, our group spent the morning hours breaking up caliche and laying it down as the foundation for the floors in the learning center. Some group members dug a hole in the community to provide a place for families to deposit and recycle, as opposed to burning, their plastics.

In the afternoon, we organized art activities with groups of children, taught English lessons, and played baseball games. More than fifty children aged 5-16 would arrive at Roberto’s house to meet with us. Spending time with the children was the best part of each day.

We also had the opportunity to see firsthand the impacts the bankruptcy of the sugar cane industry in the DR has had on the rural communities, especially the small Haitian village we visited.

Most of the people in this village, Mato los Indios, are unemployed and must leave their families throughout the week to search for work in the city. Many community members live week-to-week, dependent on donations and support from international nongovernmental organizations and others. As a result of the generosity of many of our supporters, we were able to bring medical supplies and other donations to the village.

Our hearts were deeply touched that day, and each day we were in the Dominican Republic. Our duty and challenge now is to be a voice to the inequalities we witnessed, and to find ways to work for justice throughout the world and in our communities.

We hope our experience has planted the seed for the development of this program and future service.

Additional Thoughts —by Jaime Hawk and Michael Pellicciotti e will never forget the special memories and friendships we made in Cruz Verde, or the beautiful smiles and unending hospitality that were extended to us. From learning how to make chocolate straight from the cocoa tree to sharing their homes and joy, the community of Cruz Verde gave so much to each of us.

We will also never forget Roberto. He is a leader, mentor, and visionary who has dedicated his life to improving the future of his community. He touched hearts and taught many lessons.

Roberto’s wife, Tamari, also made our trip unforgettable. She cooked us yummy daily meals with rice and beans, pasta, fresh pineapple and papaya.

We miss our roommates from Cruz Verde the most of all. It would not have been the same without the frogs, lizards and roosters singing to us throughout the night.

Our journey to Cruz Verde was also a personal growth experience. Throughout our time together, our group gave 110% to every task we were assigned. We depended on each other, confronted challenges together, and made the most of every situation and experience. It was really special to share this time with such a diverse and dynamic group of individuals.

We enjoyed the opportunity to meet so many amazing

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THE LAWYER SUMMER 2004 – 26

STUDENT PROFILES Jeremy Gugino & Gordon Karg Linden Cup Winners

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Michael Pellicciotti ’04

Dominicans and connect with some of the most talented law students at Gonzaga Law. The 15 volunteer students are: Michael Pellicciotti, Jaime Hawk, Shannon Thomas, Kristin Boehm, Thad O’Sullivan, Chris Galbreath, Brooke Kuhl, Dawn Vidoni, Michele Devlin, Britt Cotter, Jordana Griff, Mike Chin, Crissy Anderson, Sarah Fudge, and Thoran Towler.

ordon Karg and Jeremy Gugino were this year’s winners of the Linden Cup competition. James Parker and Eric Wilbanks were runners-up. The final round of the competition was judged by Alaska Supreme Court Chief Justice Alexander O. Bryner, Montana Supreme Court Justice Patricia O’Brien Cotter, and Washington Supreme Court Justices Barbara Madsen (’77 GU law graduate), Richard Sanders, and Faith Ireland. GU law instructors Joe Hnylka, Jared Levinson, Mark DeForrest, Patrick Fannin, and Lauren Winters were advisors for the competition.

Approximately 75 students participated in the competition, paired in teams of two. The students are judged in the preliminary, quarterfinal, and semifinal oral rounds by faculty, and more than 90 area attorneys and judges serve as judges.

The competition was founded in 1935 by Rev. James Linden, S.J., a Gonzaga Law School regent and instructor for more than 30 years.

Alaska Supreme Court Chief Justice Alexander O. Bryner presents the Seal of Alaska to former Dean Dan Morrissey in April. The Alaska seal will be placed in the Barbieri Courtroom along with the states of Washington, Oregon, Montana, California, and Idaho.

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Gonzaga University School of Law

2004

Commencement

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Class of 2004 Degree Candidates School of Law Daniel J. Morrissey, Dean Juris Doctor December 2003, May, August 2004 Shelley Ann Ajax, Cum Laude §Ann Theresa Wick Allison, Cum Laude W. Brett Amrine, Magna Cum Laude Kathryn Lynne Anderson Stanton Alexander Anker Matthew J. Ashton Vanessa Louise Backman, Summa Cum Laude Leslie John Balsiger, Magna Cum Laude Douglas Ray Barnes Sara Irene Beigh Limor Ben-Maier, Cum Laude Reneé Magdalen Bernier Summer Dawn Bishop Amy Catherine Bistline Kristin C. Boehm, Cum Laude Brian Michael Bradford, Cum Laude Kim-Ann Briamonte Camerina I. Brokaw-Zorrozua Ashleigh Jeanette Brown Thayer Michael Bryant Paul L. Calabro David R. Carlson, Cum Laude AdriAnne Noël Carrier Gregory Russell Cernok Tami Michele Chavez, JD/MAcc, Magna Cum Laude Gregory James Christiansen, Magna Cum Laude Ruben David Cleaveland Mindy Lynn Coleman Bryon Collins Sheila L. Corcoran, Cum Laude Kenneth Mark Cox, Cum Laude Erin Kathleen Culver, Cum Laude Heather Dawn Czebotar, Summa Cum Laude Paula Kaye Davenport, Cum Laude Scott James Davis John Brian Diefenbach Erin Diven Nanette Kaye Dockum, Cum Laude Clifford P. Duke Phong D. Duong, Magna Cum Laude Erin Colleen Dyer Ross Nathaniel Eide, Cum Laude Krista Leigh Elliott Marriya Esterle Kelli Johnson Fivey Alicia Kathleen Follmer Anni Lori Hill-Foster Jordan K. Foster Chad Harrison Freebourn Jonathan Lee French Karen Friend Maren Elizabeth Furlong Christopher Galbreath Karey Lillian Gallagher Daniel Anthony Gasperino Anthony D. Gillette, Cum Laude Ryan Highsmith Goodell, JD/MBA Jerry M. Gray Alia S. Griffing Paul J. Grove Harold Kenneth Grover Alberto Guadagno Brooke Diane Hagara Matthew Richard Hale Cheryl E. Handy, Magna Cum Laude Brian James Hanis Patricia Marie Hardina, Magna Cum Laude Cerissa Andrea Renée Harper, Cum Laude

Spencer William Harrington Jeffery D. Hart, Cum Laude §Jaime Michelle Hawk, Cum Laude Molly Aubin Hayes Mitchell Jay Heaps, Cum Laude David William Higer, Summa Cum Laude Clifford Lawton Hill Rachel Melissa Hill Grace Catherine Holter Stormy Howell Jeremy Scott Huberdeau Carissa A. Jakobe Scott Charles Jansen, Cum Laude Angela Marie Johnson Deanna Johnson Victoria Marie Johnston, Cum Laude Carla Rosa Jorge Fonda Lynn Jovick, Cum Laude Melissa Beth Juelis Lacey Kenmore Jason Kettrick, Magna Cum Laude, JD/MBA San Kham Allison Michelle King Derek N. Klemetsen Michael Thompson Kleps Samantha Maren Kluger Nicholas Ross Knapton, JD/MBA Nicholas Duane Kovarik, Summa Cum Laude §Brooke Castle Kuhl, Magna Cum Laude Alexandra J.M. Kwak Alison Wong Lee Tammy Lee Cole M. Lindemann April Marie Linscott Cristine Anne Dunn Long Bridget Lubavs Christian Yoshio Lundy Stacey Lee MacDonald Jill Anne Malone Jenna Victoria Mandraccia, Cum Laude Andrea Lynn Marable Angelina Elena Márquez Daniel Bell Mathews Meghan McEvilly Thomas Wayne McGirk Alexandra Meighan Kammi Lee Mencke Glen Miller, Cum Laude Alejandra Mireles John Mitchell, Cum Laude, JD/MBA William Mitchell Stephanie Michele Moore Daniel Gordon Morgan §Candelaria Fernandez Murillo Jennifer L. Neeley Kristina Marie Nichols, Magna Cum Laude Alison Catherine Nisbet Timothy Scott Note Karen Orehoski, Summa Cum Laude Timothy Scott Orr Bradley Scott Osburn Emma Paulsen-Thew §Michael John Pellicciotti, Magna Cum Laude Travis Phelps Blake Michael Pickett, Magna Cum Laude Jason Thomas Piskel, Cum Laude Noel James Pitner, Summa Cum Laude Benjamin David Platt Sunshine Marie Poliquin Jennifer Rose Porto Jessica Lyn Quickle Aaron Rasmussen Brandon L. Redal Robert Leonard Redmond, Magna Cum Laude Tracy Jean Reese Pamela Karen Renfree

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Christine Lynn Rosenberger, Cum Laude Gretchen Jaime Alvord Russo Maureen Grage Ryan, Magna Cum Laude Sophia Paulette Tenorio Santos Jeramy Schmehl Vicky Autumn Scollon Shane Richard Seaman, Cum Laude Jonathan Selden Jeffrey Ray Smith Seong-Cheol Son Zachary H. Spanier §Matthew C. St. John, Cum Laude Michael Stephen Strange, Cum Laude Melanie Ann Stum Adam Matthew Susser §Shannon Clare Thomas, Magna Cum Laude Paul William Thompson Sheri Lorraine Thonstad Christopher Gorden Torrone Vicky Treadwell Tracy Tribbett Jennifer C. Underwood, Cum Laude §Geana Mae Van Dessel, Summa Cum Laude Henri Scott Vanderhage, Summa Cum Laude Shannon L. Viel Laura Jeannette Waldman, Summa Cum Laude Darren LeGrande Walker Kevin Scott Walker Marlene K. Wenger Sarah Whitney Nichole Marie Wittig Douglas Yaguchi Jonathan James Young Adolf Vladislav Zeman, Jr., Cum Laude

The Thomas More Scholarship Program provides a unique educational experience at the Gonzaga University School of Law for a limited number of highly motivated and qualified individuals committed to public service through the practice of law. Thomas More Scholarships in the amount of full tuition are awarded on the basis of merit through an open, nationwide competition.

Final Degree Evaluation The listing of graduates, degrees, and academic honors listed above is preliminary and subject to final degree requirement evaluation at the time this publication went to print.

Gonzaga University School of Law

Reunion

2004 E

very fifth class from 1939 through 1999 gathered in Spokane June 18-20. After a CLE in the afternoon, participants dropped into the Bulldog Tavern for a brew. Later that evening alumni attended a Wine and Cheese Reception in the Law School’s courtyard. Saturday’s events included a scramble format golf tournament, tours of the Law School building, and Hawaiian Luau at Bozarth that night. Alumni attended from as far away as Saipan and China.

The classes of ’39 through ’99 contributed to the Class Reunion Law Student Scholarship. The donations for the reunion classes reached over $3,500.

Thank you!

THE LAWYER SUMMER 2004 – 30

LAW BRIEFS Feb., 2004 Pentagon Publishes Guide to Legal Authority of Emergency Managers

By Caitlin Harrington, CQ Staff

A

Lew Orland and Smitty Myers

News flashback—from University of Idaho school newspaper in 1935

Greathouse and Orland To Meet Gonzaga Team. Debaters will discuss munitions in third contest of year.

T

he third of a series of home varsity debates will be held tomorrow at 8 p.m. in Ad 311, when the Idaho team will meet the Gonzaga team.

Cecil Greathouse and Lewis Orland, Idaho debaters will take the negative side of the question, “Resolved: That the Nations Should Agree to Prevent International Shipment of Arms and Munitions.”

Prospects Good E.A. Whitehead, debate coach, said, “this debate should be very interesting. I have a great deal of confidence in our men, and it will probably be a fairly evenly balanced match, since Smithmoore Myers and Henry Barrett, who will represent Gonzaga, are a ‘crack’ team. Both of them have had a great deal of experience, and plan to make a debate tour of the entire Pacific coast later in the season.”

Main speeches will be 12 minutes and rebuttals seven minutes.

It will be a non-decision debate.

Lewis Orland, 89 years young is an Associate Dean and Professor Emeritus at Gonzaga Law School. Smitty Myers, 90 years young is Dean Emeritus.

n Army task force has just arrived on the scene of what looks like a terrorist attack, a “dirty bomb” explosion in Dupont Circle, a busy neighborhood of restaurants and shops in Washington, D.C. The FBI takes command and control of the scene. But it asks the Army’s “Defense Coordination Element” to provide it with chemical and biological warfare experts. The Army colonel in charge turns to his legal adviser in this hypothetical case: “Does the law,” he asks, “allow the Defense Department to do this?”

“Let’s see,” the lawyer might say, “on page 46 . . .” Far-fetched?

Not anymore. In recognition that all levels of emergency responders are likely to wrestle with questions about their authority in some large future terrorist incident, the Defense Threat Reduction Agency (DTRA) has published the first legal guidebook to deal with the issue.

The “Domestic WMD Incident Management Legal Deskbook” is designed to provide the legal groundwork for federal and state lawyers and agency emergency planners in the throes of responding to a terrorist attack or natural disaster.

“We need to get our hands around this in some kind of deskbook fashion,” said Gregory Huckabee, a former judge advocate, or military lawyer, who helped write the book. “Lawyers aren’t going to have expertise in this - they don’t teach this in law schools.”

Hard copies of the handbook are accompanied by a CD, but the handbook is also available on the DTRA web site. “We came up with the idea of a CD-ROM and a book so they can turn to the issues and find the law, because in this business, the margin of error is pretty slim. When the commanders ask you: ‘Can I do this?’ you can’t say, ‘Jeez, give me a week and let me study this and I’ll get back to you,’” Huckabee said.

Legal Playbook The handbook covers nearly every statute that could come into play during an emergency - from a description of laws on quarantining victims of chemical or biological attacks, to a brief history of the Posse Comitatus Act (an 1878 law that generally bars the military from law enforcement activities) and a discussion of statutory exceptions to it. Officials from NORTHCOM in Colorado Springs, Colo., as well as attorneys and emergency planners from nine cabinet-level departments, including the Department of Homeland Security, compiled the handbook over the past two years.

“The most important thing about it is the comprehensive nature of all the sources that have been pulled together involved with emergency response,” said Raymond Heddings, the associate general counsel at DTRA, who coordinated the handbook project.

DTRA first assembled a group of attorneys to discuss the federal agencies’ legal authority during a weapons of mass destruction attack only a few months before the Sept. 11 attacks, according to Heddings.

THE LAWYER SUMMER 2004 – 32

LAW BRIEFS But since those terrorist hijackings, changes in the legal authority surrounding federal and state response to terrorist incidents - from the enactment of the USA Patriot Act (PL 107-56) to the Pentagon’s decision to create NORTHCOM, a new military command with responsibility for the continental United States have highlighted the need for a kind of playbook for emergency response, Huckabee said. “This is a growth industry. This isn’t going away,” he said.

Needs Updating Heddings said the 529-page legal manual is probably the most comprehensive record of federal and state emergency laws to date, but he also warned that as the emergency response “industry,” as Huckabee calls it, grows, the guidebook will have to be updated to reflect changes in statutes and regulations. “ It’s close to one-stop shopping, but you wouldn’t want to say that’s all you have to have to go to,” he said. Heddings said that DTRA has tentative plans to periodically revise the handbook. He said he will meet with officials at the Center for Law and Military Operations at the Army Judge Advocate General’s School in Charlottesville, Va., this March to discuss the possibility of the school’s updating the handbook in the future. “It’s not a done deal yet, but we’re hoping,” he said. * View the DTRA handbook http://www.dtra.mil/news/ deskbook/index.html.

Caitlin Harrington can be reached via charrington@cq.com.

Source: CQ Homeland Security

Congress does it again —The ghost of Major John Wigmore returns!

Gregory M. Huckabee

Past is Prologue Unusual to say the least: the U.S. Senate Subcommittee of the Committee on the Judiciary met on Saturday morning, September 22, 1917, to hear the legal giants of their time—Secretary of War Newton D. Baker; Major John H. Wigmore, JAGC, U.S. Army; and Walter George Smith, of Philadelphia, President of the American Bar Association. Secretary of War Baker began. “In a sentence, this bill is intended to place our soldiers, who in a very short time, will be overseas in very large numbers, in a state of mind where they and their families will be relieved from the anxieties and solicitudes which follow from legal complications at home to which they cannot give their attention.” Knowing that distraction, loss of focus and concentration, more often than calculated enemy success, is what kills or wounds servicemembers, Secretary Baker pleaded, “Men who owe money, men whose families are likely to be embarrassed by inopportune pressure from creditors even for trifling sums, cannot be expected to have the same sort of freedom of mind as if they were relieved from that sort of stress.”

Then came the legal legend of evidence. Committee Chairman Senator Overman asked, “You are the author of a great book on

Lt. Col. Greg Huckabee

evidence, the Dean of Northwestern School of Law, and now you are in the Judge Advocate General’s Office, under appointment from civil life, with the rank of major?” With reverent silence in the hearing room, the witness responded, “Yes, sir. I should like to say something on the need, and the power, and the method of the bill before you. The need is illustrated by this letter which came into our hands.”

Reading slowly, but powerfully, Major Wigmore gave physical presence to the letter stating the case of a petitioner not present, yet beseeching his Congress “…I am not kicking on having to serve my country at this time and I expect to give my best in me in her behalf, …the way things stand now I am stripped of everything I have and my business is destroyed, and I have no income whatever other than my business, and the moment I am gone that stops. I am not asking to be exempted; all that I ask is that my Government, who in a manner is breaking up my house and taking everything on earth I have, make some provision by which I can save my equities and take care of my family.” As if lecturing his law class, the Professor and Major asked Socratically, “What shall we do about this, gentlemen?”

What the Congress did about it is encompassed within the first Soldiers’ and Sailors’ Civil Relief Act of 1918 (SSCRA), drafted

by Major Wigmore and a committee he led. Six months after the signing of the Armistice, the SSCRA expired. In 1940, with the gathering storm of war again in Europe, another Congress reenacted the SSCRA verbatim for precisely the same public purpose. This time it remained in effect with no expiration date.

While amended a number of times in an attempt to keep pace with legal developments, by 1990, time and advances in the law had left

THE LAWYER SUMMER 2004 – 33

LAW BRIEFS the SSCRA with ineffective and outdated protections.

To illustrate, Sect. 530’s protection against eviction of military members, without court order, from their leased premises only applied to cases where the rents did not exceed $150. By 1990, virtually all dwelling rent exceeded that eligibility threshold, resulting in the elimination of this protection. The SSCRA’s rusted armor was in need of rapid repair. Saddam Hussein did the SSCRA a favor in a sense with his August 2 adventure into Kuwait, and the massing of his forces on the Saudi Arabian border. With mobilization of hundreds of thousands of citizen-soldiers, Congressman Sonny Montgomery, Chair of the U.S. House of Representatives Committee on Veterans’ Affairs (the congressional committee with legislative jurisdiction over the SSCRA), asked the Dept. of Defense (DoD) for emergency legislative drafting assistance.

A DoD SSCRA Task Force, commissioned by the DoD General Counsel with one representative from each of the Armed Services’ JAG Corps, drafted amendments updating the most outdated sections, such as the rent-eviction protection, raising the $150 rent threshold to $1200, and Sect. 520’s stay protection, authorizing an automatic stay upon request by a military member, expiring not later than June 30, 1991. Congress subsequently enacted the emergency amendments and President Bush signed them into law in February 1991. Realizing the SSCRA of 1918 needed a more complete review and a thorough update, Congressman Montgomery asked DoD to retain and commission the DoD SSCRA Task Force to conduct a complete analysis and propose recommendations for a comprehensive update.

The Task Force completed its exhaustive work, and its legislative drafting product became embodied in H.R. 4763 in 1992. With Operation Desert Storm over and because it was an election year, the SSCRA update never made it to either house’s floor for a vote.

While reintroduced in succeeding congresses, it remained for 9/11 to open another window of opportunity. Introduced as H.R. 100, it became law on December 19, 2003, when President George W. Bush, signed a twelve-year legislative pilgrimage into law.

For What Purpose?

Enacted as Public Law 108-189, 117 Stat. 2835, The Servicemen’s Civil Relief Act (SCRA) supercedes the SSCRA, updating its protections in key ways. Sect. 502’s purpose captures the public policy in two straightforward statements. The SCRA “(1) is to provide for, strengthen, and expedite the national defense through protection extended by this Act to servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the nation, and (2) to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service.”

What is New? First, the definition of “military service” incorporates the changes Congress made in 2002 to the former SSCRA. Expanding the term, the SCRA extends coverage to members of the National Guard

serving more than 30 consecutive days under title 32 for purposes of responding to a national emergency declared by the President and supported by federal funds. Previously, National Guard members had to be serving in a title 10 status (federalized) in order to obtain SSCRA protections.

Second, the new SCRA expands the definition of “court” to include an administrative agency of the United States or of any state.

This is new, as the prior SSCRA did not apply to administrative proceedings. This will have a major impact, especially in the field of domestic relations law.

Third, the SCRA adds a new provision concerning a legal representative of the servicemember. It authorizes an attorney acting on behalf of the servicemember, or an individual possessing a power of attorney, to take the same actions as a servicemember. In addition, the SCRA defined the term “dependent” for the first time.

Fourth, the default protection procedures are clarified. There is a new provision that defines the procedure for a court to grant a stay when the defendant is a servicemember and has not received notice of the proceedings, rather than entering a default judgment. The court must grant a stay of at least 90 days when requested by a court appointed attorney if there may be a defense that cannot be presented in the absence of the military member, or if the attorney has been unable to contact the servicemember to determine the existence of a defense.

Fifth, the stay protection has been revised to mandate an initial stay of 90 days upon request by the servicemember. The previously discussed application of the SCRA to administrative proceedings includes this 90 day stay protection as well. While mandating the stay, this new section requires the military member (or his legal representative) to make a request explaining why current military duty materially affects the member’s ability to appear. This request must provide a date when the member can appear, and include a letter from the member’s unit commander stating that the member’s military duties preclude his appearance, and that he is not authorized leave at the time of the hearing.

To remedy past case law problems where such stay requests constituted an appearance in some courts, the new protection states that such a request does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense. Those servicemembers unable to appear at the end of 90 days may request additional stays utilizing the same procedures. In the event that a request for a further stay is denied, the court must appoint counsel, if he does not already have one, to represent the servicemember before the court can proceed.

The sixth major change involves the most frequently used section of the SCRA and its predecessor—the six-percent interest cap. The new provision clarifies the ambiguity regarding whether interest in excess of six percent is forgiven, deferred, or subject to other treatment. It states the excess must be forgiven. The provision also specifies the process the military member must undertake to obtain the reduction to six percent on all indebtedness incurred before entry into active duty. The member must make a written request to the creditor requesting the interest rate reduction in accordance with this authority, and he must attach a copy of his military active-duty

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LAW BRIEFS orders. Provided with this information, creditors can easily program their computerized billings to calculate the new rate of reduced interest, while issuing a new account or card number at the agreed rate for all new debt incurred after entry into active duty.

The seventh significant change involves eviction of a servicemember or dependents from a residential lease. The new provision increases the eligibility rent ceiling from $1200 to $2400 for 2003, and includes a formula for calculating future increases.

Using this formula, the 2004 rent ceiling is $2465.

The eighth change authorizes a servicemember to terminate not only a pre-service dwelling, professional, business, agricultural, or similar lease, but also extends coverage to leases entered into while on active duty when subsequent orders are received for a permanent change of station or a deployment for a period of ninety days.

In addition, this section includes an entirely new protection authorizing termination of automobile leases, for either personal or business purposes, or for use by their dependents, while on active duty providing the servicemember receives permanent change of station orders to a location outside the continental U.S., or deployment orders for a period of 180 days or more. This also includes pre-service automobile leases provided the member receives orders for active duty for 180 days.

A ninth change in the SCRA allows a servicemember to request deferments of certain commercial life insurance policy premiums and other payments for the period of military service and two years thereafter. Such payments can be guaranteed by the Veterans’ Administration Department (VA) upon request and approval. In this case, the member has up to two years after release from active duty to repay the VA. Coverage has been increased from $10,000 under the SSCRA to $250,000 under the SCRA, and will increase in accordance with any changes made in the Servicemens’ Group Life Insurance.

The tenth significant change involves taxation. While the SSCRA protected servicemembers’ military income and personal property from taxation by states in which their presence is pursuant to military orders, some states included the military income of the servicemember when calculating the tax bracket of the member’s spouse, thus placing him or her in a higher bracket. The new provision precludes states from using the member’s military pay to increase the state income tax of the spouse.

The eleventh and final major change is of special interest to reserve military lawyers. A 1991 emergency amendment to the SSCRA provided a new protection. It allowed an individual with a pre-service professional liability insurance policy to suspend premiums and coverage during active military service. The protection required suspension of all claims brought during the period of military service. It also mandated reinstatement of the insurance at the conclusion of military service, at the premium rate that would have existed had the member not entered military service. Unfortunately, this protection was limited to members of the health care services and others as the Secretary of Defense may designate. The new change covers legal services providers as well.

Postscript In 1917, when military members most needed support for the enactment of the SSCRA, the ABA was there in the presence of President Walter George Smith. When successors-in-arms needed an update of their civil legal protections, the ABA’s House of Delegates approved a resolution in February 1991, sponsored by the General Practice Section, urging amendment of the SSCRA to clarify and update provisions of the Act to strengthen the protections originally provided by the Act to men and women called to service in this nation’s armed forces.

The ABA’s Governmental Affairs staff headed by Mr. Bob Evans and ably assisted by Mr. Ken Goldsmith, Assistant Legislative Counsel, lobbied faithfully, persuasively, and persistently these past 12 years for the SCRA’s enactment. They prepared testimony of ABA presidents, and relentlessly contacted House and Senate Committee staff seeking support for this important legislation down through the years, never losing faith that it could be accomplished. The echoing entreaty of a World War I soldier has been heard by the country and Congress he served. The SCRA’s ultimate pilgrimage into law in 2003 is in no small measure the result of the ABA, and its legislative forces. Perhaps the best sign of appreciation has already been stated—“So I’m here, proudly serving as part of Operation Desert Shield. I train for war, I ask God for peace and I hope America will remain behind me.” Yes, she is. * The author is a 1974 alumnus of Gonzaga Law School and an Associate Professor of Business Law at the University of South Dakota School of Business. In an earlier 27 year career, he served as the Chair of the DoD SSCRA Task Force in 1990-1992.

IPub. L. No. 108-89 section 101(2)(A)(ii) (2003).

IIId. section 101 (5).

IIIId. section 109(b).

IVId. section 101(4).

VId .section 201(d).

VIId. section 202(b).

VIIId. section 202(c).

VIIIId. section 202(d)(2).

IXId. section 207.

XId. section 301(a).

XIId. section 305(b).

XII Id. section 305(b)(2).

XIIIId. section 305(b)(2)(A).

XIVId. section 402.

XVId. section 511.

XVIId. section 703.

XVIIAsarey, Soldiers’ Morale in Saudi Remains High, Army Times, Dec. 3, 1990. at 22.

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LAW BRIEFS diverse range of cases, including family, consumer, environmental, criminal, and Native American law issues.

Myra Bradwell Award Presented to Carlin Jude

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his year the Women’s Law Caucus presented the 12th annual Myra Bradwell Award to Spokane County Senior Deputy Prosecutor Carlin Jude. Carlin, who graduated from Gonzaga Law School in 1986, spent 10 years as a crime prevention practitioner for the Spokane Police Department. She educated the public through lectures and articles about home security, personal safety, and child safety issues. She was also president of the Washington State Crime Prevention Association from 1987-1989. She cares deeply about keeping people—especially women and children—safe.

Carlin Jude

The Myra Bradwell award is presented annually to an outstanding alumna of Gonzaga Law School in honor of Myra Bradwell who, in 1872, was denied the right to practice law on the basis of her gender.

Innocence Project Dinner Benefits GonzagaR17;s Legal Clinic

P

eter Neufeld, co-founder of The Innocence Project and professor at Benjamin N. Cardozo School of Law, spoke at a benefit dinner on May 6 for Gonzaga’s University Legal Assistance clinic on the University campus. Proceeds from the dinner will be used to establish an endowment for the clinic.

Neufeld is an internationally recognized expert on forensic evidence. He is the co-founder, along with Barry Scheck, and codirector of The Innocence Project, which has helped clear more than 80 men through post-conviction DNA testing. Currently, The Innocence Project represents hundreds of inmates seeking post-conviction Peter Neufeld release through DNA testing.

Neufeld is a partner in the law firm Cochran Neufeld & Scheck.

He and his partners, Johnny Cochran and Barry Scheck, specialize in civil rights and constitutional litigation.

Prof. Emeritus Mark Wilson and Jeff Hartje started the clinic program at University Legal Assistance in 1975. Its mission is to serve low-income and elderly clients while providing learning opportunities for second- and third-year law students. In its nearly 30 years, the clinic has served thousands of clients who otherwise could not have afforded legal assistance. Clinic students handle a

Daniel Morrissey resigns as Dean

D

aniel J. Morrissey announced his resignation as dean of the Gonzaga University School of Law, effective June 30.

Morrissey, who replaced Dean John Clute on June 1, 2001, delivered the news to a meeting of the Law School faculty and staff, on April 25.

Morrissey said he was stepping down in order to pursue other opportunities in academic administration. “ My tenure at the helm has been a wonderful experience and I would like to thank President Father Robert Spitzer and Academic Vice President Stephen Freedman for their full support for the Law School and my work,” Morrissey said. “Our Law School is a great institution with its strong faculty, dedicated staff, and marvelous students.”

Freedman credited Morrissey with securing an improved pass rate on the Washington State Bar examination, Dan Morrissey developing a more selective admission policy, and working toward a long-range financial plan.

Morrissey graduated from Georgetown University in 1971 with degrees in international affairs and economics. Morrissey received his law degree from Georgetown in 1974. A Chicagoan, he worked as a U.S. District Court law clerk in Illinois, and as a supervising attorney for the Prison Legal Aid Clinic at the Southern Illinois University School of Law, before serving as professor of law at Pepperdine, Seton Hall, Denver and Tulsa universities. He became dean and professor of law at St. Thomas in 1995, stepping down as dean in 1999 to remain as a professor.

George Critchlow appointed Interim Dean of the School of Law

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eorge Critchlow, Associate Professor at the Gonzaga School of Law, has been appointed Interim Dean of the School of Law. Professor Critchlow graduated from Gonzaga University School of Law in 1977. Until his appointment began he George Critchlow was the director of the Law School’s Clinical Law Program and is a board member of Gonzaga University’s Institute for Action Against Hate.

He was the founding editor of the inaugural issue of the Institute’s interdisciplinary Journal of Hate Studies and is a current member of

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LAW BRIEFS the journal’s editorial board. Professor Critchlow has published in the area of professional responsibility and legal education, and was a Fulbright scholar in Romania. Professor Critchlow has 23 years of classroom and clinical teaching experience at Gonzaga and 27 years of experience as a lawyer in state and federal trial and appellate courts, including the Washington and Idaho Supreme Courts, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

A Diamond in the Rough: A Tribute to Gonzaga University School of Law

by Arthur Rizer (This article appeared in the Spokesman Review newspaper June 12, 2004.)

S

upreme Court Justice Ruth Ginsburg said law school should be a place where students can grow and mature as people.

She said students should have the sense they are participating in a shared adventure with their peers and professors. In the midst of law school it is difficult to evaluate how well your school does this job. Most students are just trying to stay above the mountains of reading, research, and writing. Now, having passed the bar and experienced a year as an attorney I can confidently say Gonzaga Law School does an excellent job of taking care of its students professionally and personally.

When I attended Gonzaga Law, I always felt like I was more than a number. The faculty and staff seemed genuinely concerned with my well-being. As a “non-traditional” student with a wife and child, I benefited from the Student Bar Association’s numerous family-

oriented activities that allowed me to socialize with my fellow law students but not forfeit precious family time (How many law schools sponsor a family Easter egg hunt?)

Also, the Career Arthur Rizer (right) Services Office actively engaged in helping me obtain a Federal Clerkship, not because of the prestige a clerkship brings to the school, but because they wanted the best for me. When I was alerted for mobilization to Iraq through my Army National Guard Unit, each and every professor worked out a plan so I could graduate early in case of deployment. Even when I had financial difficulties, the school did its best to accommodate me by helping me find scholarships.

The question “what makes a good law school” will generate hundreds of subjective responses. What I know is at Gonzaga Law I received great service with a smile. The school not only helped turn my brain of mush into the mind of a lawyer (a famous line from the movie The Paper Chase), but the personal touch of the school also helped me to grow as a person. Dean Bill Bowen of University of Arkansas Law School said, “here we don’t just make you valuable to prospective employers, we make you valuable to society.” Gonzaga is doing just that.

THOSE WHO WILL BE MISSED Owen W. Taggart ’42, Portland, Ore., died Jan. 9 at age 93. He served in the Army during World War II and later was a lawyer for Oregon Title and Transamerica Title Insurance.

Beloved Gonzaga University professor Daniel Brajcich ’45, age 85, passed away March 18. Mr. Brajcich graduated from Gonzaga University and Gonzaga Law School and remained at Gonzaga as an accounting professor for over 50 years. He retired as Professor Emeritus and continued his association with the University until his passing. In addition, he served in the U.S. Navy and was a principle partner in the accounting firm of Brajcich & Loeffler. He enjoyed his family, his faith, his students, his clients, Gonzaga University, Priest Lake and telling a good joke. Memorials may be made to the Dan Brajcich Scholarship Fund at Gonzaga University.

Lee A. Kamp ’58 , age 72, passed away April 7. Mr. Kamp was an attorney for the Internal Revenue Service. He served in the U. S. Army and graduated from Gonzaga University Law School. He enjoyed genealogy and computers.

Robert M. Sweeney ’61, age 73, passed away March 20. He attended St. Augustine’s grade school, and graduated from Gonzaga Preparatory School in 1948 and from Gonzaga University in 1952. After two years in the Army, he returned to Spokane and entered Gonzaga Law School. He was an avid reader and enjoyed cooking and following world politics.

Allen L. Schwenker II ’75, age 47, passed away March 11. After graduating from Gonzaga Law School he practiced law in Spokane until his health led him into early retirement.

Michael J. Murphy ’77, Spokane, died Feb. 1 at age 58. He was an analyst for U.S. Army Intelligence and an initial member of the Seattle human rights department. He enjoyed reading, camping, fishing and back-road exploration.

Jacqueline Newcomb ’90 J.D., Spokane, died Jan. 1 at age 41.

She worked for Paine-Hamblen before opening her own practice in 1993.

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FACULTY AND STAFF NOTES Teaching the Law School Curriculum

by Gerry Hess

A

new book on teaching law by Gerry Hess (with Steve Friedland from Nova Southeastern) will be published by Carolina Academic Press this summer. It draws Gerry Hess upon the wisdom of hundreds of legal educators to provide ideas, materials, and alternatives for teaching a variety of law school courses. The book offers guidance for both new and experienced law teachers to plan and deliver effective courses. Each chapter addresses one of the fifteen courses most students take during their legal education: • • • • • • • • • • • • • • •

Business Associations Civil Procedure Clinic and Externship Constitutional Law Contracts Criminal Law Criminal Procedure Evidence Family Law Federal Income Taxation Legal Research & Writing Professional Responsibility Property Sales & Secured Transactions Torts

and coverage. For example: • is the course best taught through the problem method, the case method, with a practicum, or otherwise; • the main principles or skills that students should take away from the course; or • the key topics and the order in which they should be covered.

Materials. What kinds of materials enhance the course?

• Textbooks – the merits of different types of basic course materials.

• Handouts – specific handouts that teachers have created and ways to use them.

• Other Resources – legal and nonlegal materials (print, audio, video, Internet sites).

Class Exercises. What teaching and learning activities work well in this course? This section provides suggestions for in- and out-ofclass projects that promote learning, such as: • simulations and role playing projects; • drafting assignments; or • collaborative problem solving.

Brief Gems – In this section, teachers share devices and ideas that have proven effective in their classes, including: • useful analogies; • humor (cartoons to illustrate concepts); • ways to treat a particular case; or • means to incorporate humanism, ethics, and professionalism into the course.

Each chapter has five sections: (1) Approach, (2) Materials, (3) Class Exercises, (4) Brief Gems, and (5) Evaluation of Students.

Approach. This section addressed the global aspects of a course, such as goals, organizational scheme, general philosophy, syllabi,

Evaluation of Students. When and how should students be evaluated? This section includes teachers’ thoughts on feedback and assessment both during and at the end of the course: • helping students to perform self-evaluation; • providing students with feedback before the end of the semester; or • the variety of evaluation mechanisms (e.g., essay exam, objective exam, paper, journal, drafting exercise) most appropriate to the subject matter.

CLERKSHIPS A complete list of clerkships can be found in our Web site on the Career Services page at www.law.gonzaga.edu. If there are any errors or omissions, please bring it to the attention of the editor, Karin Olsen at kolsen@lawschool.gonzaga.edu.

Henry Gabriel ’80 clerked for the late Chief Judge Henry Politz, United States Court of Appeals, Fifth Circuit, 1983-84.

Julianne (Folsom) Hirsch ’85 clerked for Judge L. Warden Hanel, Judge John M. Klobucher, and Judge Patricia C. Williams, Bankruptcy Court for the Eastern District of Washington, 1988 – present.

Houston Lowry ’80 clerked for Judge William M. Acker Jr., United States District Court, Northern District of Alabama, 1982 - 83.

James P. Murphy ‘88 clerked for Judge Walter E. Webster, Jr.,

Washington State Court of Appeals Division I, 1988 - 90.

Susan (Sockwell) Bendlin ’80 clerked for the late Judge Albert Henderson Jr., United States Court of Appeals, Eleventh Circuit, Atlanta, GA., 1982 - 83.

David G. Stebing ’81 clerked for Chief Judge James A. von der Heydt, United States District Court for Alaska, Anchorage, 19811983.

Charles E. Siljeg ‘60 clerked for Judge Richard B. Ott, Washington Supreme Court, 1960 - 61.

Jason M. Whalen ‘92 clerked for Justice Richard P. Guy, Washington State Supreme Court, 1992 - 93.

THE LAWYER SUMMER 2004 – 38

CAREER SERVICES Career Services Just the facts….

The following is information on Gonzaga Law School’s class of 2003: Career Services gathers this information annually with much support from students, faculty, staff, parents and friends. The data is collected at 9 months post graduation. For the class of 2003, 142 of 143 graduates’ employment status information was obtained. We are still seeking to contact that missing individual.

The number of graduates in the 2002 – 2003 academic year: Total Employed: Type of employer: Law Firms Business/Corporate Public Interest Academic Government: Military Judicial Clerkship Prosecutor/Defender Not specified Job status: Full time Part time

143 110 46 22 4 2 37 3 13 11 10 101 9

Job placement: Before graduation 48 After graduation 37 After bar results 23 Not specified 2 Employed by gender: Females 45 Males 66 Enrolled In Full Time LL.M Program: 12 Studying for the bar full time 8 Not Seeking work 6 Seeking work 6 Status unknown 1 Total percentage of graduates employed, enrolled in LL.M and not seeking: 95% Salary range: from $15,000* to $72,000+ Note: 55 of 110 employed students shared earnings data. * $15,000 is an exception - entry level in sports/ entertainment law.

Average starting salary: $44,000 The average law school debt upon graduation: $66,000 Location of jobs: Washington State 7 Idaho 8 California 8 Montana 5 Utah 5 The following states employed 4 or less of our graduates: Arizona, Alaska, Nevada, District of Columbia, Illinois, Hawaii, Oregon, North Carolina, New Mexico, Ohio, Pennsylvania, Florida, Virginia, Colorado.

Location of Bar Exam: Gonzaga’s Registrar provided our graduates bar exam certification for the following states: Note: These are all first time takers in these states, but at least 46 of them are graduates from previous classes applying for additional bar exams as there were 179 certifications reported.

Washington State 75 Idaho 19 Californa 20 Oregon 14 Arizona 8 The following states’ bar exams were taken by 5 or less of our graduates: Alaska, Colorado, District of Columbia, Florida, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia.

Bar pass rate for Washington State (First time takers)

74.3%.

If you have questions about this data or information you’d like to suggest we start to gather for future classes, please contact Joni Driskell at 800-578-2561 or email to jdriskell@lawschool.gonzaga.edu.

THE LAWYER SUMMER 2004 – 39

THE LAWYER SUMMER 2004 – 40

Keep In Touch Gonzaga University School of Law The most avidly read section of The Lawyer is “Class Action.” The Law School’s more than 5,000 alumni want to know what their classmates have been doing — recent moves, cases they have won, family matters, pro bono activities, etc.

To ensure that your news gets published, complete the form below and send it (with a recent photo of yourself) to Karin Olsen, Asst. Dean of Development and Alumni Relations, Gonzaga School of Law, P.O. Box 3528, Spokane WA 99220-3528 or use the postage paid card below. You can also update your information on our website at www.law.gonzaga.edu or e-mail us at lawalum@lawschool.gonzaga.edu.

alumni news Name ________________________________________________ Class Year____________ Employer__________________________________ Title ____________________________ Business Address____________________________Business Phone ___________________ City_______________________________________State____________Zip______________ Home Address______________________________ Home Phone______________________ City_______________________________________State____________Zip_____________ E-mail_____________________________________Business Fax_____________________ News or comments___________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

GAMP (Gonzaga Alumni Mentoring Program) I would like to serve as a Mentor Volunteer.

Name ________________________________________________ Class Year____________ Business Address____________________________Business Phone ___________________ City_______________________________________State____________Zip______________ Home Address______________________________ Home Phone______________________ City_______________________________________State____________Zip_____________ E-mail_____________________________________Business Fax_____________________ Area(s) of Practice___________________________________________________________ Preferred time and manner for contact from student _________________________________

THE LAWYER SUMMER 2004 – 41

JACK: WE NEED THE BUSINESS REPLY MAIL INFO FROM POST OFFICE

JACK: WE NEED THE BUSINESS REPLY MAIL INFO FROM POST OFFICE

JACK: WE NEED THE BUSINESS REPLY MAIL INFO FROM POST OFFICE THE LAWYER SUMMER 2004 – 42

GU LAW

Building the bridge into the next century of excellence . . .

Community outreach

GU LAW Service

Supportive Faculty Respect

Commitment to justice Ethics

Transformational experience Accomplishment Pride

Educational excellence Celebrate these traditions with us GIVE TO THE LAW SCHOOL FUND

THE THE LAWYER LAWYER SUMMER SPRING 2004 2004–– 27 43

NON-PROFIT ORG. U.S. POSTAGE

PAID SPOKANE, WA PERMIT NO. 14

SCHOOL OF LAW P.O. BOX 3528 SPOKANE, WASHINGTON 99220-3528 ADDRESS SERVICE REQUESTED

Calendar of Events September Tuesday, September 21 Red Mass for the Legal Profession St. Aloysius Church 5:00 p.m.

October Friday, October 1 Board of Advisors Meeting 9 a.m. – 5 p.m.

Sunday, October 10 Seahawks Football Event Qwest Field, Seattle 11:00 a.m.

Wednesday, October 27 Luvera Lecture Guest Speaker: Gerry Spence 11:30a.m. – 1:30 p.m.

Karin Olsen Assistant Dean Development, Alumni Relations & Career Services Ph. 509 323-3605 Fax 509 323-5744 Educating People the World Needs Most Check out our Web site at www.law.gonzaga.edu

THE LAWYER SUMMER 2004 – 44