6th Annual Advanced Appellate Program (Civil) (WA) (Recorded Package)

What You Will Learn

Part 1 Topics

Staying Judgments and Orders

• Stays before appellate review is accepted (CR 62 & RAP 8.3)
• Stays of money judgments/decisions affecting property
  • Amount of security – establishing amount of the loss that prevailing party will incur if enforcement is stayed
  • Bonds: cash vs. commercial
  • Alternatives to posting a bond
• Stays of orders granting equitable relief
  • The merits of the appeal
  • Comparing the injury to the parties if stay granted or stay denied
• Stays of judgments providing for “periodic payments”
  • The court’s discretion to grant a stay with or without bond.
• Objecting to amount of bond
• Review or modification of stay decisions

Judicial Notice

• How much outside the record can a judge/justice can do?
• Interplay between adversarial system and the way appellate courts really work
• Ability of courts to take requested judicial notice
• Courts initiating their own judicial notice

Appealability

• Final Judgments
• Other appealable orders
• Appealability under Rule 54(b)
• Voluntary Dismissal in Trial to Facilitate an Appeal
• A Review of Recent Appealability Case Law
• Missing appellate deadlines-RAP 18.8(b)

Interlocutory and Discretionary Appellate Process

• Motions for discretionary review and petitions for review
• Strategies
• What kind of cases are appropriate for interlocutory/Supreme Court review
• Direct review of Superior Court decisions by the Supreme Court
• How this advocacy is different from advocacy in an appeal on the merits

Part 2 Topics

How to Best Argue Statutory Interpretation

• Focus! Understanding where to start
• Applying Washington’s kinda, sorta, “plain meaning” rule
• So many maxims! Make the best use of available tools
• Don’t forget the suspenders—legislative history and where to find it

Oral Advocacy and the Future of Online Oral Arguments

• The expected future of online oral arguments at the appellate and Supreme Court level
• If given the choice, what type of cases are better for online arguments and why?

Hidden Bias in the Appellate Process

• Case law update
• Institutional racism and bias examples
• How to handle potential hidden bias that can impact your appeal
• Litigating race equality issues in appellate court
• Court plans to address the issues

Amicus Briefs

• Who do you ask to file an Amicus Brief on behalf of your case?
• Why ask?
• Why do it?
• How do you become an amicus and support someone else’s case?
• Picking the right case
• Pitfalls
• Where can you find resources?
• Can you argue?
• Importance of Amicus to the discretionary appeal
• Getting your case into the WA supreme court
• The institutional Amicus attorney

Sponsored by: Foster Garvey

Testimonials

“Excellent blend of experienced appellate advocates and judicial decision-makers. Makes the rules come alive and is truly informative.” – Gregory Miller, Esq.

“Very useful, well-presented, excellent content. Very relevant. I used to work in appeals and now am a public defender. I love Pincus CLEs…Your CLEs are always well-organized, filled with useful and relevant content. I have attended others and really enjoyed them. Thank you.” – Anna Samuel, Esq.

“Very good seminar. High-level information provided.” – Scott Samuelson, Esq.

“This was the best CLE I’ve attended in recent memory. It ticked every box I wanted.” – Sharon Blackford, Esq.

“High-level appellate practice seminars with this level of trainers is hard to find.” – Michael Lynch, Esq.

“The program was great. Very good general advice for argument, and the panelists did a good job of wrapping in issues concerning Zoom arguments, etc.” – John P. Kinsey, Esq.

“I really liked the oral argument presentations. They were practical and applicable regardless of jurisdiction.” – Brooke L. Bove, Esq.

“Valuable insight from the Court.” – Joseph Jackson, Esq.

“Very good. Excellent content and judicial perspective – very helpful and clear.” – Gregory Miller, Esq.

“My expectations were satisfied/exceeded. I really found this seminar to be enjoyable and useful.” – Tim Higgs, Esq.

“All the Pincus events I’ve attended have been excellent. It’s very good. Excellent CLE.” – Anna Samuel, Esq.

“Very Satisfied.” – Christopher Graves, Esq.

“Helpful to hear from judges and commissioners.” – Jennifer Freeman, Esq.

“Excellent.” – Mark J. Carroll, Esq.

“I enjoyed all three sessions [in today’s part]; they provided good information. The speakers were clear and to the point on their topics.” – William Jeffrey Davis, Esq.

“Excellent. Content covered matters hard to learn in written materials.” – Dan Young, Esq.

“Very satisfied.” – Jonathan Tebbs, Esq.

“Speakers were all well prepared.” – Jason B. Saunders, Esq.

“Justice Gordon McCloud was excellent. She was engaging and very forthcoming with information regarding the inner workings of the court.” – Emily F. Dahl, Esq.

“Good job!” – Stephen K. Eugster, Esq.

“Excellent seminar. Great content.” – Christopher Kerley, Esq.

“Very satisfied…great program…Ken Masters taught good, masterful guru stuff. Highly relevant.” – Michael E. Johnston, Esq.

“My personal objectives were well satisfied because I have done a lot of appeal work.” – Jerome C. Scowcroft, Esq.

“Great program. I especially enjoyed the first panel because it was a little more boisterous, thanks to the amusing moderations by Mike King.” – Emily F. Dahl, Esq.

“The practice pointers and insights were more than worth the day’s investment.”

“Great course. I’ve been to several day-long courses. This was the first where I wasn’t bored…Excellent course! The contrasting views of the ethics discussion was really great. It was an excellent way to address the topic.”

“Very qualified and knowledgeable pool of speakers!”

“Lived up to the ‘Advanced’ title of the CLE. Very satisfied.”

“The seminar is excellent. All topics were useful.”

“Even having handled a number of appeals, I still learned a lot of new, excellent information.”

“The writing section in the morning was incredibly helpful.”

“Great conference. Fantastic content. Everything was relevant.”

“Good speakers, and good selection of them.”

“Learned new concepts for addressing issues.”

“The writing section in the morning was incredibly helpful. There are so few appellate trainings that apply to criminal practice. I was particularly excited this one addressed brief writing and oral argument. It was helpful to have Judge Stephens’ perspective – good information on how to present written argument to the court. Sidney Tribe offered concise and helpful information. Good information from the commissioners.”

“I really appreciated Judge Stephens’ input and perspective.”

“Great! Judge Stephens was the best speaker of the day with the most practical advice.”

“I’m always amazed by the clarity and helpfulness of Judge Stephens’ comments. Michael King was a great speaker for the afternoon. I’ve never been at a training where this specific topic (raising issues on appeal and issue selection) was addressed so specifically. Very helpful. I appreciated the depths that the presenters went into on these topics.”

“Very helpful CLE. I’m very thankful for the nuts and bolts comments describing what is helpful to judges.”

“Excellent course! Extremely useful insight from Judge Stephens. Michael King is an excellent speaker.”

“Judge Stephens’ insight was illuminating.”

“I loved this seminar and learned a lot.”

“Michael King is a great speaker.”

“Satisfied general knowledge and ‘behind the curtain’ information. Practice tips from the current justice were very useful. Very useful information on Critical Appellate Cases.”

“The seminar is excellent.”

“I wanted to learn more specifics and I did. Judge Stephens’ insights on practical matters were great. Phil Talmadge’s style was really good.”

“Very good appellate CLE.”

“Enjoyed the writing and oral argument sessions – very practical and useful.”

“Commissioner Bearse offered great input and practical information. I enjoyed her presentations. Commissioner Schmidt is informative and knowledgeable. Talmadge presents boring rules in an interesting, informative manner.”

“Lots of useful information and top quality speakers.”

“It was a very good CLE. Thank you.”

“This was a solid CLE that I enjoyed.”

“I received a lot of useful information. Judge Stephens and the Commissioners were very helpful. Solid advice from Ken Masters. Well-prepared.”

“Enjoyed the speakers and the content.”

“Today was excellent.”

“Interesting and mostly helpful topics.”

“I was impressed by the speakers I heard.”

“Excellent.”

“Very useful.”

“Very knowledgeable speaker.”

“Dynamic presentation.”

“Very helpful insights.”

“Very helpful.”

“Very practical and useful information.”

“Great ‘behind-the-scenes’ insight.”

“Judge Stephens’ portion of the CLE was the most insightful.”

“Michael King did a nice job moderating. Informative presentation.”

“John Strait gave very helpful, incisive comments regarding ethical aspects of non-record citation.”

Faculty

Commissioner Erin Pounds Geske
Commissioner
Washington State Court of Appeals, Division III

Commissioner Erin Geske serves as a court commissioner and staff attorney at Division III of the Washington State Court of appeals.  Commissioner Geske, a native of Spokane, is a graduate of Whitman College and Lewis and Clark Law School.  After law school, she returned to Spokane to work as a law clerk for now-retired Judge Kevin M. Korsmo at Division III, and later practiced general civil litigation at one of the larger firms in the Spokane area.  She returned to Division III as a staff attorney in 2017, and began working part-time as a commissioner in 2019.

Hon. Rebecca Glasgow
Chief Judge
Washington State Court of Appeals, Division II

Chief Judge Rebecca Glasgow

Judge Rebecca Glasgow was elected to Division Two of the Washington State Court of Appeals in 2018. Prior to joining the bench, she served as a Deputy Solicitor General in the Washington Attorney General’s Office. She litigated cases in the areas of elections, immigration, and civil rights. She also served as general counsel to the Washington Secretary of State as well as a legal advisor to the Governor’s Office. Before joining the Attorney General’s Office, she served as a law clerk at the Washington Supreme Court for five years.

Rebecca has a long history of service to her community and was named a Washington State Bar Association “Local Hero” in 2014. She volunteered at her local legal clinic for more than a decade, helping clients who could not afford an attorney. Rebecca has served as the statewide President of Washington Women Lawyers and is now a member of Washington’s Gender and Justice Commission. Rebecca sits on this board of the Judicial Institute, which promotes the election and appointment of people of color, LGBT people, and women to the bench. She has also served on the University of Washington Law School Dean’s Leadership Council.

Rebecca graduated magna cum laude from Wake Forest University and with honors from the University of Washington School of Law, where she was an executive editor of the Washington Law Review.

Rebecca and her husband live with their son, dog, and chickens. 

Commissioner Masako Kanazawa
Commissioner
Washington State Court of Appeals, Division I

Commissioner Masako Kanazawa was appointed by the Court of Appeals Division One in September 2013. Before her appointment, Commissioner Kanazawa worked for the Attorney General’s Office for eleven years. Commissioner Kanazawa was born and grew up in Japan. She graduated from the University of Washington with a Bachelor of Arts degree in political science and a Minor in Spanish. She graduated from Seattle University Law School, Magna Cum Laude, in 2002. She served the Law Review as Executive Editor and worked as an extern for Judge Mary Kay Becker. 

Hon. Jennifer D. Koh
Commissioner
Washington State Court of Appeals, Division I

Commissioner Jennifer D. Koh was appointed by the Court of Appeals Division One, effective March 2, 2020. Before her appointment, Commissioner Koh focused on appellate practice as Of Counsel with Fain Anderson Vanderhoef Rosendahl O’Halloran Spillane PLLC, served as a staff attorney for Division I, practiced as a trial and appellate attorney in municipal public defense and other criminal and civil matters with a small Seattle law firm, and worked as an associate attorney in employment, education, and labor law in the Bellevue office of a large Seattle firm. Commissioner Koh graduated from the Yale Law School and holds a bachelor’s degree in political science from the University of Washington. Commissioner Koh grew up in West Seattle, where she lives with her husband and three children.

Hon. Hailey Landrus
Commissioner
Washington State Court of Appeals, Division III

Commissioner Hailey Landrus serves as a court commissioner at Division III of the Washington State Court of Appeals.  Before she became a judicial officer, Commissioner Landrus practiced general civil litigation, taking on a broad range of cases in areas of law including appellate, family, juvenile dependency, business/partnership, real property, administrative, guardianship, probate, employment, and insurance subrogation, while also doing simple estate planning work.  She recently returned to Division III where she began her legal career as a judicial law clerk for now-retired Judge Dennis J. Sweeney.  Commissioner Landrus is a graduate of Seattle University School of Law and Washington State University. 

Hon. Rebecca L. Pennell
Chief Judge
Washington State Court of Appeals, Division III

 Judge Pennell grew up in Richland, Washington. She earned her law degree from Stanford Law School in 1996, graduating with distinction. After law school, Judge Pennell clerked for U.S. District Court Judge Robert H. Whaley in Spokane. In 1999, Judge Pennell moved to Yakima after being awarded a legal services fellowship from the Skadden Fellowship Foundation. Judge Pennell later joined the Federal Defenders, where she practiced for over 15 years as a trial lawyer and appellate counsel. In addition to her advocacy work, Judge Pennell helped establish re-entry drug court programs in Yakima and the Tri-Cities.

Judge Pennell lives in Yakima with her husband and daughter. She is committed to community service, including participation in Rotary, the Washington State Civil Legal Aid Oversight Committee, and past service on the boards of the YWCA of Yakima and the Yakima Area Arboretum

Hon. Anne Egeler
Judge
Thurston County Superior Court

Judge Anne Egeler was appointed to the Thurston County Superior Court bench by Governor Jay Inslee and began serving in January 2023. She currently presides over civil and criminal jury and bench trials and hears civil motions.

Prior to her appointment, Judge Egeler served the people of the State of Washington as a deputy prosecuting attorney for three years. In addition, for nearly 3 decades, Judge Egeler practiced law at the Attorney General’s Office. She represented the State in a variety of cases, including actions to prohibit discrimination based on sexual orientation and gender, environmental issues, taxation, education, ballot and voting issues, and criminal law. Judge Egeler’s legal career included superior court trials and appeals at every level of the state and federal courts. Judge Egeler also taught appellate advocacy at the University of Oregon School of Law.

Judge Egeler raised her family in Thurston County and is an active member of the community. She volunteered in the public schools and is a past board member of the Olympia Education Foundation. Judge Egeler received the Legacy Award for her many years of service with Thurston County Volunteer Legal Services. She is an active member (and past board member) of the Capital Chapter of Washington Women Lawyers. In recognition of her community involvement, Judge Egeler received the "Local Hero" award from the Washington State Bar Association. 

Howard M. Goodfriend, Esq.
Shareholder
Smith Goodfriend, P.S.

HOWARD M. GOODFRIEND is a principal in the Seattle firm of Smith Goodfriend, P.S., Seattle’s oldest appellate boutique. Howard has argued hundreds of civil appeals in almost every substantive area of the law, representing publicly traded companies, small family businesses, professionals, state and local government, hospitals, and individuals. He is co-editor-in-chief of the Washington State Bar Association’s Appellate Practice Deskbook and author of the Appellate Practice chapter of the King County Bar Association’s Washington Lawyers Practice Manual. Howard is a past president of the American Academy of Appellate Lawyers, is a founding member and past president of the Washington Appellate Lawyers Association, and has been repeatedly recognized by his peers as one of Washington’s top ten appellate lawyers and top 100 lawyers.

Cynthia B. Jones, Esq.
Founder
Jones Legal Group, LLC

Jones Legal Group, LLC is headed by Cynthia B. Jones, a dedicated legal professional well-versed in appellate practice and litigation. Cynthia concentrates her practice on civil and criminal appeals and civil litigation, including constitutional and criminal cases in federal and state courts.

Ms. Jones was appointed by the Western District of Washington United States District Court to serve a three-year term as Lawyer Representative to the Ninth Circuit. Lawyer Representatives are chosen to serve three-year terms representing attorneys practicing in each of the Ninth Circuit’s 15 districts in nine western states and two Pacific Island jurisdictions. In 2022, she was elected Vice Chair of the Ninth Circuit Lawyer Representative Coordinating Committee (LRCC) 2022-2025 and will serve on the Judicial Conference Executive Committee (CEC) during her term as Vice Chair of the LRCC.

Michael B. King, Esq.
Principal
Carney Badley Spellman, P.S.

Michael B. King, a principal, came to the firm in 2008 with Greg Miller to join Jim Lobsenz and Jason Anderson in forming the firm’s uniquely experienced appellate group. Mr. King has focused exclusively on appellate litigation for over twenty years, and his practice is national in scope. He has represented clients before the Alaska, California, Illinois, Mississippi, Tennessee and Washington Supreme Courts, the Second, Ninth and Eleventh Circuits, and the United States Supreme Court, as well as all divisions of the Washington Court of Appeals and has presented over 140 arguments to full merits panels. He is a former partner in the firm of Lane Powell, where for ten years he co-chaired the firm’s appellate practice group.

Mr. King is a fellow of the American Academy of Appellate Lawyers. He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state in the area of appellate law for every year since 2001. He has been selected by Best Lawyers in America as one of the best appellate lawyers in Washington State every year since the inaugural listing in 2007. He has held an "AV" Preeminent rating by Martindale-Hubbell since 1998. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.

Lila J. Silverstein, Esq.

Washington Appellate Project

Lila Silverstein is passionate about protecting the constitutional rights of individuals and ensuring equal access to justice for all. An appellate public defender since 2006, Lila represents indigent clients in the Washington Supreme Court, all three divisions of the Washington Court of Appeals, and the United States Court of Appeals for the Ninth Circuit. Her most notable case is State v. Gregory, 427 P.3d 621 (Wash. 2018) (with co-counsel Neil Fox). Lila commissioned a statistical study on race and the death penalty in Washington and argued the death penalty was unconstitutional because it was imposed in an arbitrary and racially biased manner. In 2018, the Washington Supreme Court agreed and invalidated Washington’s capital punishment scheme.     

Outside of case work, Lila volunteers her time presenting CLEs, writing amicus briefs, and serving on bar committees. Lila wrote significant sections of Washington’s General Rule 37, which provides strong protection against race discrimination in jury selection and is being emulated in other jurisdictions. She has served as chair of the King County Bar Association’s appellate practice section, and is an invited member of the Washington Appellate Lawyers Association and the American Academy of Appellate Lawyers. For her work, Lila has received the King County Bar Association’s Outstanding Lawyer of the Year Award, the William O. Douglas Award from the Washington Association of Criminal Defense Lawyers, the Kathleen Taylor Civil Libertarian Award from the ACLU of Washington, the Distinguished Service Award from the Civil Rights Section of the Washington State Bar Association, President’s Awards from both WACDL and the Washington Defender Association, and the Abolitionist of the Year Award from the Washington Coalition to Abolish the Death Penalty.

Sidney C. Tribe, Esq.

Carney Badley Spellman, P.S.

Sidney grew up in Spokane and Seattle, and graduated magna cum laude from Willamette University in 1994 with a B.A. in English Literature. At Willamette she was a G. Herbert Smith Scholar and two-time recipient of the Dona Adams Rothwell Award. She received her J.D. from the University of Washington in 2002, where she was Executive Articles Editor of the Washington Law Review and President of the Moot Court Honor Board. She is also a member of the Order of the Barristers.

Sidney was fortunate to serve as a law clerk for the Honorable William Baker at the Washington State Court of Appeals Division I from 2005 to 2007. Before joining Carney Badley Spellman, she was a partner at Talmadge/Fitzpatrick focusing primarily on appellate practice. 

Sidney is a member of the Washington State Bar Association, the King County Bar Association, the Washington Employment Lawyers Association, and Washington Women Lawyers.  She has done pro bono work for the Unemployment Law Project, the King County Bar Association Newcomer’s Project, and the Ninth Circuit Court of Appeals Pro Bono Program.  She has also been a Director at Facing the Future, a nonprofit that helps teachers integrate global issues into their core curriculum.  Sidney’s incredible husband Mick is a geographer/GIS business analyst, and they have two adorable dogs, Tazzy and Jake.

Valerie A. Villacin, Esq.
Shareholder
Smith Goodfriend, P.S.

Valerie A. Villacin is a principal in the Seattle firm of Smith Goodfriend, P.S.  Valerie has been counsel of record in over 200 appeals.  Valerie is involved in all phases of the appellate process, from consulting with trial attorneys regarding potential appellate issues, to assisting with post-mandate issues in the trial court.  Valerie has contributed to the Washington Appellate Practice Deskbook and the Appellate Review in Family Law Cases chapter of Washington Practice: Family and Community Property Law.  Valerie is co-president of the Washington Appellate Lawyers Association. 

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $425

Audio Only* Recording & Materials Package – CD or Download:  $425

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $475

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device.

For CDs, please add $8.50 shipping and, in CA, sales tax.

*Your discount is automatically applied at check out.

This program will be recorded live on November 16 & 17, 2021.

(Recorded packages are available approximately three weeks after the seminar is held.)

CLE Credit

WA General: This program is approved for 5.5 units of general CLE credit and 1.0 unit of Ethics credit in Washington through 11-16-26.

CA General:  This program is approved for 6.5 units of general CLE in California.

OR General: This program is approved for 6.5 units of general CLE in Oregon.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.