Her husband, Stephen Hayne, was one of CJE's founding members, a fact that has fueled speculation that something scandalous is afoot. Her choice of races is also raising eyebrows. Judge Ketu Shah, whom she's challenging, is respected, well liked, and well rated by local bar associations all of them described Judge Shah as "exceptionally well qualified".
But retired personal injury attorney Franklin Shoichet said someone with Hayne's inexperience would normally be laughed out of the room. Other sources just laughed when I asked about Hayne's experience. The talk of bigotry stems from comments made by Stephen Hayne to a Seattle Times reporter in Hayne said Shah's foreign-sounding last name might render him "unelectable" absent CJE's support.
Some CJE attorneys seem to agree with the concerns about Hayne's candidacy. Founding members Bill Kirk and Geoff Burg left the group citing philosophical reasons after Hayne's endorsement was announced. But Havens, again, dismisses any concerns. He said campaigning definitely wasn't Disneyland, but he did take some positives from the experience. Well, aside from the mailers the group can afford to send out, uninformed voters are CJE's most potent weapon.
So study up on the judicial candidates in a way that allows you to make a decision independent of whatever the latest PAC-funded mailers are telling you to do, and then vote for the local judge candidate you'd like to see rapping his or her gavel if you're ever forced to show up in court. Dear Stranger readers, is finally behind us, but our recovery is just beginning. We're so grateful for your support.
Thank you. News Oct 29, Mark Kaufman. Think WEED be good together? So do we! Support The Stranger More than ever, we depend on your support to help fund our coverage. Support local, independent media with a one-time or recurring contribution. Thank you! The Stranger depends on your continuing support to provide articles like this one.
In return, we pledge our ongoing commitment to truthful, progressive journalism and serving our community. Thank you—you are appreciated! Case details that can effectively describe the legal situation while also staying concise generally receive the best responses from lawyers. Dawn is a local girl, having grown up in Renton. Dawn traveled to Michigan and attended Thomas Cooley Law and graduated with a specialization in Litigation.
Back at home in the Pacific Northwest, Dawn worked for the King County Prosecutor's office for a year and a half and then left to work as a Public Defender for the City of Auburn for three years. Dawn practices Criminal Defense and can be contacted at ; faxed at or you can click here to send an email. View Photo. Watch Video. Lawyers with longer memberships tend to have more experience so we use the Membership date to help prioritize lawyer listings on search pages. Lawyer Badges.
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Now we're imploring you to help us survive another year. Ensure that we're here to ring in our upcoming 30th anniversary by making a one-time or recurring contribution today. D on't care about the municipal and district court elections?
You're not alone. Relatively few people vote in these down-ballot races, and even fewer do so with knowledge of who they're voting for or what the judicial candidates stand for. Someday you might care, though. Unless you're a professional criminal, if you ever end up in court odds are it'll be of the municipal or district variety.
Perhaps you'll be contesting an illegitimate parking ticket. Perhaps it'll be something more serious and potentially life altering. Whatever it is, your day before a judge won't be something you planned, you won't want to be there, and you'll sure as hell hope the person in the black robe listens to your side of things and makes a fair decision. Which is all a political action committee called "Citizens for Judicial Excellence" says it wants—solid judges who follow the law and are respectful and fair.
In , this group of 40 to 50 citizens—well, attorneys, actually—got sick of jaded judges who basically have seats for life because it's so difficult and expensive to mount an electoral challenge to them, and decided to do something about it. They formed a political action committee that now counts among its members hundreds of defense attorneys who specialize in lower court issues like domestic violence and driving under the influence.
And then there's also the matter of Hayne being married to a founding member of CJE, an issue that caused a number of the group's members to resign earlier this year. As Havens suggests, this isn't CJE's first rodeo: they were heavily involved in the judicial elections in , too, backing some candidates with excellent qualifications in races against unpopular incumbents. What's different about CJE's picks this year? Well, Hayne and Bettinger's refusal to submit materials to any of the local bar associations, for one.
Havens explained that CJE isn't concerned because it believes the matrix used by the bar associations favors incumbents. Hayne might still get to go before the King County Bar Association, though. While writing this story I received word that a code of judicial conduct complaint is being filed against her for sending out her own mailers touting herself as "exceptionally well qualified"—a rating normally given out by the bar associations she's been avoiding.
Hayne has kept an extremely low profile for much of her year legal career. Her husband, Stephen Hayne, was one of CJE's founding members, a fact that has fueled speculation that something scandalous is afoot. Her choice of races is also raising eyebrows. Judge Ketu Shah, whom she's challenging, is respected, well liked, and well rated by local bar associations all of them described Judge Shah as "exceptionally well qualified".
But retired personal injury attorney Franklin Shoichet said someone with Hayne's inexperience would normally be laughed out of the room. Other sources just laughed when I asked about Hayne's experience. If you are a practicing lawyer without a LawyerID prominently displayed on your Lawyer. Contact Us. Briefly Describe Your Case:. Your Contact Info:. Your Case Location:.
Joshua R. Erik P. Kent US. Paul W. John I. Minh T. Helens Ave Tacoma US. Leslie R. Position Organization Location Duration. School Degree Major Graduation. Office Hours. Verified Credentials. Learn More. Legal Articles. Peer Endorsements. Additional Info. Want a Premium Customized Photo Badge? Call Toll Free: Contact Lawyer. Image Link 1. Image Link 2.
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She said she decided to run now because it was a good time in her life to pursue her longtime dream of becoming a judge. Hayne and her supporters have played up her personal biography, saying it gives her a unique perspective on the legal system. She is the youngest of 11 children; her eldest sister was murdered, and another suffered from mental illness and was in and out of prison. Sarah Hayne refused to participate in any of the bar group ratings, pointing to past criticism of the King County Bar Association for assigning low scores to some female candidates.
While CJE has not yet disclosed any independent expenditures, Havens said she anticipates the group will spend in the Shah-Hayne race. After the meeting, some CJE members — upset with the endorsement — resigned from the group.
Patricia Fulton, a former CJE spokeswoman and board member, confirmed her law firm quit the organization following the vote. She would not comment further. Stephen Hayne dismissed the CJE defections, saying there will always be discontent within organizations. He rejected any implication the endorsement vote was rigged, saying he quit the CJE board before the endorsement vote. King County District Court Judge Susan Mahoney, who was backed by CJE in , said she believes the group has mostly been sincere about supporting qualified candidates.
His donors include many from the local South Asian-American community. In a judicial primary, Shah placed third despite outspending the second-place finisher 5-to Material from The Seattle Times archives was included in this report. Jim Brunner: or jbrunner seattletimes. Share story. By Jim Brunner. Havens explained that CJE isn't concerned because it believes the matrix used by the bar associations favors incumbents.
Hayne might still get to go before the King County Bar Association, though. While writing this story I received word that a code of judicial conduct complaint is being filed against her for sending out her own mailers touting herself as "exceptionally well qualified"—a rating normally given out by the bar associations she's been avoiding. Hayne has kept an extremely low profile for much of her year legal career.
Her husband, Stephen Hayne, was one of CJE's founding members, a fact that has fueled speculation that something scandalous is afoot. Her choice of races is also raising eyebrows. Judge Ketu Shah, whom she's challenging, is respected, well liked, and well rated by local bar associations all of them described Judge Shah as "exceptionally well qualified". But retired personal injury attorney Franklin Shoichet said someone with Hayne's inexperience would normally be laughed out of the room. Other sources just laughed when I asked about Hayne's experience.
The talk of bigotry stems from comments made by Stephen Hayne to a Seattle Times reporter in Hayne said Shah's foreign-sounding last name might render him "unelectable" absent CJE's support. Some CJE attorneys seem to agree with the concerns about Hayne's candidacy.
Founding members Bill Kirk and Geoff Burg left the group citing philosophical reasons after Hayne's endorsement was announced. But Havens, again, dismisses any concerns. He said campaigning definitely wasn't Disneyland, but he did take some positives from the experience.
Well, aside from the mailers the group can afford to send out, uninformed voters are CJE's most potent weapon. So study up on the judicial candidates in a way that allows you to make a decision independent of whatever the latest PAC-funded mailers are telling you to do, and then vote for the local judge candidate you'd like to see rapping his or her gavel if you're ever forced to show up in court. Dear Stranger readers, is finally behind us, but our recovery is just beginning. We're so grateful for your support.
Thank you. News Oct 29, Mark Kaufman. Think WEED be good together? So do we! Support The Stranger More than ever, we depend on your support to help fund our coverage. Support local, independent media with a one-time or recurring contribution.
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|Dawn bettinger attorney||Material from The Seattle Times archives was included in this report. Briefly Describe Your Case:. He rejected any implication the endorsement vote was rigged, saying he quit the CJE board before the endorsement vote. Dawn is a local girl, having grown up in Renton. Leslie R. Create Lead.|
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Accellion confirmed that an unauthorized person gained access to SAO files. Some of the SAO data files contained personal information of Washington state residents who filed unemployment insurance claims in View the dashboard for the Employment Security Department cases. This dashboard shows the average processing time for appeals, including:.
Coronavirus Impact on Hearings. In order to protect public health and OAH staff, these temporary changes to our normal procedures are in effect:. Filing case documents by secure email is allowed. Until further notice, OAH is not holding in-person hearings. All hearings will be held by telephone or video conference, if possible. If you prefer an in-person hearing, you can request that your hearing be rescheduled until after in-person hearings resume.
The administrative law judge will decide if your hearing can be rescheduled. OAH staff will contact you to change or reschedule your hearing, if needed. What is How do I What if I Manage My Case. Swahili - Kiswahili. How long will my unemployment appeal take? The term "SOLA" means the "standard of living adjustment. Under the child support formula, there are two calculations for child support. The first calculation is to determine the primary child support, which essentially covers the basic needs of the children.
The SOLA calculation is then made based on defined percentages for the number of children. We do not read this section to mandate an absolute bar to use of the formula. We note initially that the language is "the court or master may not apply the percentages set forth in this section.
Whyte, W. Second, the reference is to the SOLA part of the formula since this is the area where percentages are used. Under 6 W. As we have earlier noted, the child support formula first calculates the primary support obligation based on the actual needs of the children. Nothing in 6 W. Indeed, the use of the term "discretionary income" in this section clearly indicates that the primary support obligation has been calculated.
The term "discretionary income" under 6 W. It seems clear that 6 W. A decision not to follow the SOLA percentages must be undertaken in light of the legislative preference in W. Code, 48A b , which is that child support should be keyed to "the level of living which such children would enjoy if they were living in a household with both parents present. As we have earlier pointed out, the primary child support obligation amount must be calculated first. In view of the absence of an appropriate factual record on the child support calculation, we remand for an appropriate calculation under the principles set out herein.
First, she believes it is inadequate in view of her husband's income. Second, she also asserts that an award for only five years is akin to an award of rehabilitative alimony and that there was no showing that she met the criteria of Molnar v. Again, we are faced with a record that fails to set out the reasons that alimony was granted in this amount and in this form. Code, b , the legislature set forth a number of factors that should be considered in making an award of alimony.
Molnar, supra, that a broad inquiry must be made:. See also Queen v. We find no detailed inquiry in the record with regard to Mrs. Bettinger's ability to engage in remunerative work. She was forty-five years of age at the time of the divorce proceedings and had not worked for ten years at her former profession as an occupational therapist. Moreover, as we pointed out in Molnar, some courts are reluctant to give rehabilitative alimony where "there are minor children.
Citations omitted. While rehabilitative alimony may be ideally suited to a young spouse, it is less suited to an older person who may find his or her age a limitation in a skilled job market. In summary, we find the record inadequate to justify the alimony award and remand this matter for reconsideration under the foregoing guidelines.
We are not advised as to the amount of additional attorney's fees sought. However, it is clear that a considerable amount of legal work was done after November 4, The circuit judge had, on August 5, , reversed the original recommended decision of the family law master. This required additional discovery and hearings, culminating in a new recommended decision on June 16, This decision was subsequently appealed to the circuit court and confirmed on August 12, Code, a 4 , enables a court, which would include a family law master, to "compel either party to pay attorney's fees and court costs reasonably necessary It would appear from Mrs.
Bettinger's exceptions to the family law master's decision of December 14, , that there had been no formal order for the payment of temporary alimony pendente lite. Despite assertions in Mr. Bettinger's brief that his wife had prolonged the litigation and made onerous discovery motions, we do not find the record to bear this out.
It is true that Mrs. Bettinger's attorney felt that the original recommended decision of the family law master was erroneous and was successful in having it reversed. Equally true is the fact that he complained about the final recommended decision which was approved by the trial court.
We have, by this opinion, found his appeal to be substantially justified. The purpose of W. Code, a 4 , is to enable a spouse who does not have financial resources to obtain reimbursement for costs and attorney's fees during the course of the litigation. It is unreasonable to expect an attorney to shoulder not only the cost of the litigation, but to conduct the litigation on a no-fee basis unless the client can pay or until it is ended and some fee is awarded.
Here, Mrs. Bettinger was not working, and Mr. Bettinger was earning a sizeable income. The request by Mrs. Bettinger's attorney for additional fees should have been granted. Moreover, since Mrs. Bettinger has prevailed on this appeal, her attorney is entitled to fees and costs for his appellate work. Moreover, as we pointed out in Nagy v. We also observe that in this case the basis for the divorce was one of no fault, i. There is included within W.
Code, a 4 , the right to modify attorney's fees already ordered, which modification may "require full or partial repayment of fees and costs" previously ordered. Ordinarily, before such a modification is appropriate, the court should look to the income of the spouses at the time of the final decree. Other courts have arrived at much the same conclusion. See Weiman v. Weiman, Conn.
Tydings, A. Peak, So. Lavene, N. Bettinger's claim for reimbursement of a reasonable fee for her expert witness was rejected. This was error. There is little doubt that in valuing interest in pension and profit sharing plans or the value of a business or property which have been found to be marital assets, expert witnesses are needed.
We have noted their presence in the following cases. Tankersley, supra; Shank v. Where one spouse has an adequate income and the other spouse has no adequate income to retain an expert witness to assist in valuing property subject to equitable distribution, it is apparent that the impecunious spouse is at a substantial disadvantage.
We believe that the analogy to awarding attorney's fees is appropriate. Consequently, we find that reimbursement for reasonable expert witness fees is permissible under similar financial considerations as those used in awarding attorney's fees.
See In re Marriage of Munguia, Cal. Bagan, N. For the foregoing reasons, the judgment of the Circuit Court of Monongalia County is reversed, and this case is remanded for further proceedings consistent with the principles outlined herein. Bettinger's accountant, in arriving at the net tangible assets, deducted the corporate liabilities and deferred income tax on the accounts receivable, thus, comporting with the net value concept in W.
Code, , et seq. See Tankersley v. Code, , requires a full disclosure of one spouse's financial assets to the other spouse at the time of divorce, and contemplates a meaningful hearing on the subject of equitable distribution of property at which the spouse submitting financial data may be cross-examined concerning the nature, origin and amount of assets.
Code, 48A c :. The circuit court shall not follow the recommendation, findings, and conclusions of a master found to be:. Appellee, if he is of the opinion that there is error in the record to his prejudice, may assign such error in a separate portion of his brief and set out authority and argument in support thereof. Such cross assignment may be made notwithstanding the fact that appellee did not file a separate petition for an appeal within the statutory period for taking an appeal.
Appellant may answer the cross assignment of error in his reply brief. Bettinger also argues that the goodwill factor in valuing the corporate stock was not proper, but again no cross-assignment of error is made. As a consequence, we decline to discuss this issue except to point out that courts have recognized that there may be a goodwill factor in a professional corporation if based on competent expert testimony. See Annot.
No gain or loss shall be recognized on a transfer of property from an individual to or in trust for the benefit of. Subsequent amendments to the statement in and did not substantially alter this provision. If property was not sold, but was simply transferred from one spouse to another pursuant to divorce, the spouse who made the transfer was deemed in United States v. Davis [ U. If this is done, however, the trial court is required to give its reasons. See Johnson v. Bettinger's pension fund was not matured.
A pension fund is deemed matured when the employee has an immediate right to receive pension benefits. These benefits are calculated on a percentage of salary plus years of service and represent the annual pension which will be received on retirement. This is a future figure that must be projected over the retirement life and then reduced to present day value.
The advantage to the employee spouse is that the payments awarded to the nonemployee spouse are made directly from the plan to the nonemployee spouse who is taxed on those payments in the same manner as the employee spouse would have been taxed. Since the payouts are made from the plan itself rather than by the employee spouse, this method of division retains the advantage of the present cash value method of division because it eliminates the need for continuing involvement between the two spouses.
It also retains the advantages of the reserved jurisdiction method of making it unnecessary to determine the present value and distributing the risk equally between the parties. Code, 48A a , the statute in effect at the time of the hearing in this case, provided:.
Such guidelines shall be followed by the children's advocate, the family law master and the circuit court unless, in each instance, the advocate, master or judge sets forth, in writing, reasons for not following the guidelines in the particular case involved. Notwithstanding the existence of such guidelines, individual cases will still be considered on their own merits.
A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Moreover, the amendment created additional qualifications that we summarized in note 4 of Holley v. Code, 48A a now states that the guidelines shall not be followed 1 when the parties have knowingly and intelligently waived the child support award amount under the guidelines after disclosure of that amount, and the parties have agreed on another amount, or 2 when the amount of the child support award under the guidelines would be contrary to the best interests of the child ren or of the parties.
This section discusses at some length detailed rules surrounding "attributed income," and its purpose is to recognize that child support is an obligation of both parents. Consequently, certain income can be attributed to a nonworking spouse if the record shows that these guidelines are met. The support obligation of the other spouse may be reduced accordingly under the child support formula. The court or master shall establish the primary support need of each child for whom child support is sought and then total these amounts.
The court or master shall add to the primary support needs of all the children in question the cost of extraordinary medical expenses and the cost of child care needed to allow a custodial parent to work, unless such expenses or costs have been deducted from income. Other expenses incurred because of the special needs of a child may be allowed if found by the court or master to be necessary.
The court or master shall deduct from the primary support needs of a child the unearned income of such child. The standard of living adjustment SOLA is designed to apportion the discretionary income available to a support obligor after he or she has met the obligor's self-support needs and primary support obligation. From the net income available for primary child support, as calculated in accordance with subdivision 2.
Accordingly, guidelines promulgated under the provisions of this section shall not be based upon any schedule of minimum costs for rearing children based upon subsistence level amounts set forth by various agencies of government. The Legislature recognizes that expenditures in families are not made in accordance with subsistence level standards, but are rather made in proportion to household income, and as parental incomes increase or decrease, the actual dollar expenditures for children also increase or decrease correspondingly.
In order to ensure that children properly share in their parents' resources, regardless of family structure, the guidelines shall be structured so as to provide that after a consideration of respective parental incomes, that child support will be related, to the extent practicable, to the level of living which such children would enjoy if they were living in a household with both parents present.
The Law Master recommends that Plaintiff be permitted a deduction for all alimony so paid for federal and state income tax purposes. The question of whether or not a party is entitled to temporary alimony shall not be decisive of that party's right to a reasonable allowance of attorney's fees and court costs. An order for temporary relief awarding attorney fees and court costs may be modified at any time during the pendency of the action, as the exigencies of the case or equity and justice may require, including, but not limited to, a modification which would require full or partial repayment of fees and costs by a party to the action to whom or on whose behalf payment of such fees and costs was previously ordered.
If an appeal be taken or an intention to appeal be stated, the court may further order either party to pay attorney fees and costs on appeal. The reasonableness of attorney's fees is generally based on broader factors such as: 1 the time and labor required; 2 the novelty and difficulty of the questions; 3 the skill requisite to perform the legal service properly; 4 the preclusion of other employment by the attorney due to acceptance of the case; 5 the customary fee; 6 whether the fee is fixed or contingent; 7 time limitations imposed by the client or the circumstances; 8 the amount involved and the results obtained; 9 the experience, reputation, and ability of the attorneys; 10 the undesirability of the case; 11 the nature and length of the professional relationship with the client; and 12 awards in similar cases.
Bettinger v. Bettinger Annotate this Case. Supreme Court of Appeals of West Virginia. July 17, Accounts Receivable Valuation The family law master refused to accept the net tangible asset figure of Mrs. The hypothetical tax is simply too speculative to permit a reduction in value. In such a circumstance, the ex-spouse is able to demonstrate the present tax consequence.
Further, distribution of the net value in such a circumstance best attains an equitable distribution of the asset. In Cross, we dealt with another type of marital asset, a husband's pension, and expressed a preference for a lump sum payment, but recognized in Syllabus Point 5 that other options were available: "When a court is required to divide vested pension rights that have not yet matured as an incident to the equitable distribution of marital property at divorce, the court should be guided in the selection of a method of division by the desirability of disentangling parties from one another as quickly and cleanly as possible.
Consequently, a court should look to the following methods of dividing pension rights in this descending order of preference unless peculiar facts and circumstances dictate otherwise: 1 lump sum payment through a cash settlement or off-set from other available marital assets; 2 payment over time of the present value of the pension rights at the time of divorce to the non-working spouse; 3 a court order requiring that the non-working spouse share in the benefits on a proportional basis when and if they mature.
In Lien, the South Dakota Supreme Court gave this explanation of the rule: "Each party is entitled to their respective property as of [the judgment] date. Child Support Mrs. Under such circumstances, the court shall equitably determine the SOLA support obligation so as to avoid a windfall to either support obligor or a hardship on either support obligor, and shall be cognizant of the fact that an excessive amount of SOLA support may not be in the best interests of the child or children.
Alimony Award Mrs. Molnar, supra, that a broad inquiry must be made: "There are three broad inquiries that need to be considered in regard to rehabilitative alimony: 1 whether in view of the length of the marriage and the age, health, and skills of the dependent spouse, it should be granted; 2 if it is feasible, then the amount and duration of rehabilitative alimony must be determined; and 3 consideration should be given to continuing jurisdiction to reconsider the amount and duration of rehabilitative alimony.
Reversed and remanded. Code, 48A c : "The circuit court shall examine the recommended decision of the master, along with the findings and conclusions of the master, and may enter an order in conformance with the recommended decision, may recommit the case, with instructions, for further hearing before the master or may, in its discretion, enter an order upon different terms, as the ends of justice may require. The circuit court shall not follow the recommendation, findings, and conclusions of a master found to be: " 1 Arbitrary, capricious, an abuse of discretion, or otherwise not in conformance with the law; " 2 Contrary to constitutional right, power, privilege, or immunity; " 3 In excess of statutory jurisdiction, authority, or limitations, or short of statutory right; " 4 Without observance of procedure required by law; " 5 Unsupported by substantial evidence; or " 6 Unwarranted by the facts.
No gain or loss shall be recognized on a transfer of property from an individual to or in trust for the benefit of " h a spouse, or " 2 a former spouse, but only if the transfer is incident to the divorce. Code, d 7 A through E provide, in part: " To make such equitable distribution, the court may: " A Direct either party to transfer their interest in specific property to the other party; " B Permit either party to purchase from the other party their interest in specific property; " C Direct either party to pay a sum of money to the other party in lieu of transferring specific property or an interest therein, if necessary to adjust the equities and rights of the parties, which sum may be paid in installments or otherwise, as the court may direct; " D Direct a party to transfer his or her property to the other party in substitution for property of the other party of equal value which the transferor is permitted to retain and assume ownership of; " E Order a sale of specific property and an appropriate division of the net proceeds of such sale: Provided, That such sale may be by private sale, or through an agent, or by judicial sale, whichever would facilitate a sale within a reasonable time at a fair price.
Code, e , is: "In order to achieve the equitable distribution of marital property, the court shall, unless the parties otherwise agree, order, when necessary, the transfer of legal title to any property of the parties, giving preference to effecting equitable distribution through periodic or lump sum payments: Provided, That the court may order the transfer of legal title to motor vehicles, household goods and the former marital domicile without regard to such preference where the court determines it to be necessary or convenient.