News & Highlights

On October 1, 2018 Salvador A. Mungia became Chair of the Access to Justice Board. Sal was appointed to the ATJ Board by the Washington State Supreme Court in 2016. He devotes a large portion of his time to promote access to the civil justice system for those who cannot afford to hire an attorney by representing individuals and groups in state and federal courts without charging them a fee. The Washington State Supreme Court created the Access to Justice Board in 1994 and charged the Board with the responsibility to achieve equal access to the civil justice system for those facing economic and other significant barriers.

To learn more about Access to Justice visit https://www.justice.gov/atj

 

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Employees in Washington enjoy some of the strongest wage and hour protections in the country. An employer that willfully fails to pay agreed or required (e.g., minimum wage) compensation is liable to its employee for double the unpaid amount. The same rule applies to improper payroll deductions.

In Hill v. Garda CL Northwest, Inc., the Washington Supreme Court held that employees who establish a wage violation are also entitled to interest on the unpaid wages. In its August 23, 2018 opinion, the Court rejected the employer’s argument that an award of both double damages and prejudgment interest is an impermissible double recovery. The Court explained that the statute allowing for two times the wages withheld, and the statute allowing interest, serve different purposes. The former is meant to “punish and deter” employers who underpay their workers. The latter is designed to repay the employee for the “use value” of the money he or she did not receive. Thus, both forms of relief are recoverable.

A new state law on Notarial Acts becomes effective on July 1, 2018. This article summarizes the effects for Notaries Public:

1. Journals. RCW 42.45.180 requires all notary publics to maintain a journal, except for lawyers, for whom it is optional if they keep the same information in their professional practice. Each entry must contain the following information:

a) date and time of act;

b) brief description of the document/act being notarized;

c) name and address of the signing parties;

d) description of method of identifying signing party (i.e. driver’s license, passport, etc.); and

e) the signing party’s signature; i.e. the signing party must sign the document and the journal.

An entry in a journal must be made contemporaneously with the performance of the notarial act and contain the information listed above.

The journal and notary seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public. Failure to secure the journal may be cause for the director to take administrative action against the commission held by the notary public. If a notary public’s journal is lost or stolen, the notary public shall promptly notify the department on discovery the journal is lost or stolen.

The journal must be kept for 10 years after the date of the last dated entry. After ten years have passed, the journal must be destroyed by secure shredding.

A notary may maintain an electronic journal in a permanent, tamper-evident electronic format complying with the rules of the director, but they must also keep a tangible journal.

2. Resignation/Revocation/Suspension. If a notary public resigns, is suspended or their commission is revoked, the notary public shall retain the notary public’s journal and inform the department where the journal is located.

3. Additional Changes:

• New notary stamps must include commission number. This new requirement does not take effect until the notary’s renewal date.

• Notaries may accept identification that is less than three years expired.

• Notaries may not notarize any document that gives them or their spouse a beneficial interest; they also cannot notarize their own signature.

• Notarial certificates must be in English, or in two languages so long as one is in English.

• Non-attorney notaries are specifically barred from giving legal advice, for example, regarding whether there is an issue with the notarial certificate.

4. Electronic Notarizations. Notaries will, in the future, be allowed to perform notarizations on electronic documents with an Electronic Records Notary Public endorsement. There is a $15 application fee, separate from the commission application fee, to become an E-Records Notary Public. Approval standards are a work in progress. The endorsement lasts for the duration of the notary’s commission. Tamper-evident technology is required that allows the notary’s signature and seal to be digitally affixed to the document. Full legal requirements for e-notarizations are not yet complete.

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The Clover Park School District is set to pay a settlement of $1.2 million to client Moureen David, an ex-administrator who lost her job for opposing the system of sexual offender transfers between schools.  Ms. David provided almost two decades of dedicated service to the school district, making sure that students’ safety and education was paramount. Children aren’t going to be in a safe environment if employees don’t feel free to speak out about situations in which students may be at risk of sexual assault, sexual harassment or policies breaking down in that regard. For further information, please click on The News Tribune story below:

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The Washington State Attorney General’s Office recently recognized the importance of bilingual notices of employment rights. The new flyers, released April 17, 2018, were designed to be posted in Washington workplaces to educate workers about their rights surrounding sexual harassment at work. Having the flyers in both English and Spanish reaches a broader group of employees and recognizes the language diversity of our workforce. Attorney General Ferguson notes that “sexual harassment in the workplace is an illegal form of discrimination,” and that “every Washingtonian deserves to be treated with respect in the workplace.” Click to see the flyer in both English and Spanish. If you experience sexual harassment or discrimination in the workplace, call to speak with our English and Spanish speaking employment attorneys.

La Oficina del Fiscal General del Estado de Washington reconoció recientemente la importancia de los avisos bilingües de los derechos laborales. Los nuevos folletos, publicados el 17 de abril de 2018, fueron diseñados para ser desplegados en todos los lugares de trabajo de Washington para educar a los trabajadores sobre sus derechos en contra del acoso sexual en el trabajo. Al tener los folletos y en inglés y en español llega a un grupo más amplio de empleados y reconoce la diversidad lingüística de nuestra fuerza de trabajo. El Fiscal General Ferguson ha dicho que “el acoso sexual en el lugar de trabajo es una forma ilegal del discrimen” y que “todos los residentes de Washington merecen ser tratados con respeto en el lugar de trabajo.” Haga clic para ver el folleto en inglés y en español. Si ha sufrido el acoso sexual o el discrimen en el trabajo, llame para hablar con nuestros abogados de empleo que hablan inglés y español.

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Salvador Mungia, one of GTH’s most experienced trial attorneys, has spent the past five years working with an ACLU-W sponsored group formulating a proposed rule change to make it more difficult for attorneys to exclude a person from serving on a jury because of their race and ethnicity. On Thursday, April 12, 2018, the Washington State Supreme Court adopted the proposed rule change known as GR 37 and is the first state in the country to do so.

The rule change stems from a 1986 U.S. Supreme Court decision in the case of Batson v. Kentucky that ruled it is unconstitutional to exclude a person from a jury because of their race. The Court established a procedure for enforcing its ruling that became known as the Batson rule. The Batson rule has long been criticized by legal scholars, commentators, and judges from around the country as failing in its goal of preventing attorneys from excluding potential jurors from serving because of their race. The Washington Supreme Court acknowledged in the case of State v. Saintcalle that the Batson rule isn’t working and something should be done to address that deficiency.

The fundamental problem with the Batson rule is that a court must find that an attorney who excludes a person of color from serving on a jury does so because they intend to discriminate based on the juror’s race. GR 37 includes the requirement that the trial court need only ask whether an objective observer could say that race was a factor in the exclusion of the juror.

GTH is proud of this historic step taken by our State Supreme Court and congratulates Sal on being part of this effort.

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Partner, Bill Lynn, was a guest on Crossing Division, a talk show dedicated to news in the 253 area. The episode titled When Cranes Come to Your Neighborhood, discusses the impact of the Growth Management Act, and how it is affecting our local community today. In the interview Bill uses his 39 years of experience to navigate the discourse and contention between residents and developers, and what can be done to improve communication to have productive conversations. You can listen to the full interview at:

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GTH attorneys were recognized for their community service and pro bono work at the 2018 Lincoln Day Banquet, the annual event of the Tacoma-Pierce County Bar Association (TPCBA). Joe Gordon, Jr. was awarded the Individual Pro Bono Award for his advice given on prototype Washington Web Lawyer a website where low-income individuals who have a civil legal problem in Washington State can get free legal advice from volunteer attorneys. Presenter Mark Brady said Joe was responsible for nearly a third of the advice given on the website during its 18-month run. Joe also was recognized for volunteering regularly at the Housing Justice Project (HJP), and “bringing his years of experience and professionalism to help HJP with dignity, respect and impeccable preparation,” according to Laurie Davenport, director of Pierce County’s Volunteer Legal Services. HJP serves low-income clients with housing issues, including landlord-tenant disputes. Janelle Chase-Fazio was recognized for exceptional service provided to underserved populations of Pierce County, earning the Service to Diversity Award. Janelle has used her exceptional legal skills to litigate two pro bono cases with the ACLU protecting the civil rights of inmates and detainees. She also has organized a CLE to help other attorneys assist detainees, written a pamphlet assisting transgender people in advocating for their own health care, co-authored a deskbook chapter on disability discrimination, and volunteered for an immigration raid hotline. Janelle also frequently volunteers for TPCBA’s pro bono clinics, where her Spanish language skills help expand the reach of the program.

In an emotional tribute, outgoing TPCBA president, Diane Clarkson-concluded the evening festivities with a personal acknowledgment of Mark Honeywell’s parents, Valen and Sheila, for their incredible support and mentorship when she was a brand-new attorney. Val Honeywell was a longtime partner and leader of GTH, and his name graces our firm.

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Gordon Thomas Honeywell (GTH) is proud to announce that Margaret Archer is our newly elected Managing Partner. Margaret has been with the firm for 27 years and is a preeminent real estate, land use, and trial attorney.  Since 2013, Margaret has been recognized annually as one of the Top Fifty Women Lawyers by Washington Super Lawyers.  Her outstanding work ethic, commitment to her clients and her unwavering professionalism are the foundation for her strong leadership. What separates Margaret is her compassion and consideration for every client, opposing counsel, judge and other person she works with.  Her unanimous election makes her the first woman to serve as GTH’s Managing Partner. 

The excitement for Margaret’s election is shared throughout the firm. Attorneys and staff cite her intelligence, leadership, compassion, and unmatched sense of humor as the key attributes that will make her an exceptional Managing Partner. 

 

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GTH is proud to welcome Travis Mahugh as a partner in the firm. As an associate, Travis has excelled in representing business owners through complex transactions, as well as digging into real estate issues and even some litigation. A Duck, Travis was at the top of his class in law school, and continues rising to the top wherever he goes. We at GTH are lucky to have a front seat to watch all he’s going to accomplish with his career. Congratulations, Travis!

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