2013: OSB Diversity & Inclusion Department Year in Review
Happy new year, everyone! As we reflect over the past year, D&I is pleased to share two historic milestones that ring in good news for 2014 and beyond. First, at the November 2013 House of Delegates annual meeting, members passed a resolution increasing funding for diversity and inclusion for the first time in 23 years! We are very appreciative of the support and commitment to strengthen our efforts to advance the bar’s diversity and inclusion mission. In addition, the Board of Governors adopted the bar’s first Diversity Action Plan during its last meeting of the year. This plan, which is in the process of being finalized for publication, contains eight key goals and strategies. We will share more information about the plan in our next issue.
February’s member spotlight focuses on Judge Angel Lopez, the 2013 OSB President’s Affirmative Action Award recipient. Our recommended reading, Far From the Tree, by Andrew Solomon, comes from Duane Bosworth, a partner at Davis Wright Termaine LLP. In addition to our regular updates and features, we are delighted to share an insightful fact analysis of the bar’s 2012 Economic Survey by Sidney Moore, a human resources professional with the State of Oregon.
Finally, the OSB is pleased to present the exhibit, “Native American Art Created Behind the Iron Doors,” at the bar center through February. Sales will benefit the Red Lodge Legal Services Program. We invite you to visit the bar center to see this beautiful and compelling exhibit, or link to the website for more about this important program.
by Toni Kelich
Bar Exam Grants
Our Bar Exam Grant program was one of the programs that lost funding during the D&I budget cutbacks last year. Two bar exam applicants received grants for the February 2013 bar exam cycle, and two bar exam applicants received grants for the July 2013 bar exam cycle (normally we award three and six grants, respectively). Of the four grant recipients, three passed the exam for a 75% passage rate. We would also like to acknowledge the Oregon Minority Lawyers Association (OMLA) for stepping in to help cover during our budget challenges, and awarding an additional 13 bar exam grants for the July exam cycle. Thank you, OMLA, for increasing the number of diverse applicants who could sit for the Oregon Bar Exam in 2013!
Summer Employment Initiatives
Six law students were awarded Public Honors Fellowships during the summer of 2013. Public Honors Fellows must work a summer position in public interest, or with a public employer in Oregon. The students receive $4,800 and cannot work into the school year. Employers this year who hired OSB Public Honors Fellows were: the Public Defender of Marion County, the Public Law Section of Leahy VanVactor, the Office of the Governor, the U.S. Attorney’s Office – Civil Rights Division, and the Western Environmental Law Center.
Eight law students took advantage of Clerkship Stipend awards in 2013. Clerkship Stipend recipients may accept any position in Oregon so long as they are being supervised by an Oregon attorney. The employer agrees to pay the student at least $14 per hour, and the OSB will reimburse the employer $7 per hour for actual hours worked. The maximum award is $3,360 per summer. Oregon employers who hired Clerkship Stipend awardees this year were: Brindle, McCaslin & Lee, Collier Law, Creighton & Rose, the Hansen Law Firm, the Hillsboro Law Group, the Law Office of Kevin Gage, the Portland Office of the City Attorney and PSU Student Legal Services.
If any employer is interested in participating or knowing more about our summer employment initiatives, please contact Toni Kelich at firstname.lastname@example.org.
Opportunities for Law in Oregon (OLIO)
The OLIO summer orientation took place in beautiful Hood River on the weekend of August 9-11. This year, we had 45 law student and 2 undergraduate student participants come to be introduced to the Oregon legal community and learn skills that will help them on their journeys as law students. They were joined by 39 attorneys, 15 judges and 2 other members of the community who shared their experiences and expertise with the students. The dates for the 2014 orientation will be August 8-10; we will be returning to Hood River Inn again in 2014. We are revising the first year law student eligibility criteria in 2014 to include more historically underrepresented students.
BOWLIO took place on November 2 in Portland. This year, we had a record high attendance, which included 61 law students, 2 undergraduate students, 63 attorneys and 6 judges. We added a raffle to the evening’s festivities this year, and law student Nathan Payne took away the top prize – one night’s lodging in Hood River for two, dinner, breakfast and two passes to Mt. Hood Meadows Ski Resort. Congratulations Nathan! BOWLIO 2014 will take place on November 1, 2014.
The Employment Retreat took place at the OSB Center on January 25th. We had 30 law students, 16 employers and five Specialty Bar Associations participating.
Our annual Spring Social, where we recognize OLIO law student participants who are graduating, is scheduled for April 4, 2014, at the Willamette University College of Law in Salem. Stay tuned for more details!
This year, for the Oregon DOJ Judicial Mentorship Program, 11 judges are volunteering their time to be mentors to 16 law students.
Eight law students were awarded the OSB Diversity & Inclusion Scholarship, which is a total of $2,000 (awarded in two $1,000 increments).
The Explore the Law program, which is a collaborative pipeline program between Portland State University, the Multnomah Bar Association and the Oregon State Bar, has 21 undergraduate students participating. Those students who complete the program will have a celebratory completion ceremony in May 2014. We met with the University of Oregon in December to discuss the possibility of beginning a pipeline program in Eugene modeled after the Explore the Law program.
Diversity Story Wall Update
by Benjamin James
The Oregon State Bar Diversity Story Wall is making steady progress. Chet Orlof of Oregon History Works has been tirelessly reaching out to bar members conducting informational interviews, gathering facts and gaining perspectives of the evolution of the advancement of diversity in the Oregon legal profession. The Story Wall Planning Committee has begun reviewing a draft of Chet’s text for the display. In addition, we are very excited about his efforts and collaboration with graphic designer Linda Wisner of Wisner Creative in acquiring high definition images scored from numerous sources to accompany the historical text. All said it is shaping up to be a very high-end museum quality display.
As always we want to thank all of our current sponsors for helping us meet our initial fundraising goal of $30,000 for the project. However, some unexpected lighting display costs have arisen and we encourage others to support this project and be recognized on the wall by sponsoring at the $1,000 level. Sponsorship levels range from $100 to $2,500 and above. We greatly appreciate any contribution.
As a reminder, the goal of the Project is to identify, reveal and preserve the history of diversity, inclusion and access to justice in Oregon’s legal profession, and to heighten our awareness and appreciation of this history. The end product will be a museum-quality informational and narrative display, housed at the Oregon State Bar Center in Tigard. It will incorporate historical photographs, written descriptions of contributions, important events, and graphical elements of two dual timelines: one highlighting diversity in the legal profession in Oregon, and the other addressing major milestones advancing diversity and access to justice in Oregon and across the United States.
If you are interested in serving as a sponsor or submitting historical information, please contact Benjamin James at email@example.com. To learn more about the Project, including how to become a sponsor, visit our website.
We would like to acknowledge and thank our current sponsors: The US District Court, The Convocation on Equality, Stoel Rives LLP, Schwabe Williamson & Wyatt, Davis Wright Tremaine, The Multnomah Bar Association, Miller Nash, Lewis & Clark Law School, Willamette University, OSB Diversity Section, OSB Business Law Section, OSB Civil Rights Section and OSB Constitutional Law Section.
The 2013 OSB President’s Affirmative Action Award Recipient Judge Angel Lopez
Angel Lopez was born and raised in Compton, California. He attended Occidental College in Los Angeles, California and received his Law degree from the College of Law at Willamette University. He was one of the first program directors for the Oregon State Bar’s Affirmative Action program. In 2009, after 28 years of criminal defense work, he was appointed to the circuit court bench by Governor Ted Kulongoski. His public service includes several tours of duty with the Bar’s Affirmative Action Program, President of the Multnomah County Library Board, Legal Advisor to the Mexican consulate, and legal seminar presenter both at the local and national level. He served as Oregon State Bar President in 2002, the only person of color to have done so. He is the only sitting Multnomah County Judge fluent both in the Spanish language and culture. Judge Lopez is currently a member of the bench/bar professionalism commission, the Oregon Historical Society board, and a committee member for the Oregon Hispanic Bar Association. He is married to his former law partner, Wendy Squires. Together they have three kids, one cat and a great home life.
Oregon State Bar Gender Salary Equity Editorial
By: Sid Moore
As of November 2013, over 144 million Americans were employed. As of 2010, 46.8% of employees were women. As of 2011, women earned almost 52% of college degrees, but still women brought home only 77% of what their male counterparts did. Of course, much has been made of this statistic; nearly every salary equity article (including this one) mentions it. Many state the statistic and leave it there, as though “77 cents on the dollar” tells the whole story. In reality, that statistic tells only part of the story, and in the legal profession, it takes the place of exactly one phrase: “Once upon a time. . .”
The general “77 cents on the dollar” statistic applies to the difference between men’s and women’s pay for equivalent work, and is largely because the average new, male employee negotiates much more often than does the average new, female employee. When Sue and Reed are both offered positions at Slate Rock and Quarry, Sue will be much more likely to accept Slate’s first salary offer than Jim, giving Sue a lower starting salary. Sue starts out behind and loses ground each time she and Reed both get a raise based on a percentage of their salaries, since her raise will always be smaller than Jim’s and will be added to a smaller base. This one aspect of pay is responsible for nearly all of that famous 23 cent deficit.
When Sue leaves Slate R & Q and goes to law school, what happens? After three blissful years, she goes through commencement, passes the bar exam, and is hired, along with Johnny, as a first year associate at Parker, Wayne, Kent, & Stark in her favorite state, Oregon. Depending on the type of law Sue chooses to practice, she’s likely to make more money than Reed does at the quarry. After reading the Oregon State Bar’s 2012 Economic Survey results, however, she will realize that she makes 66.68 cents for every dollar Johnny brings home. By comparison to the average man doing the same or similar work, Sue is worse off than she was at Slate. If Sue’s and Johnny’s skill levels are both a bit above those of the average Oregon attorney and they are paid commensurate with that skill level (at the 75th percentile), Sue can expect to earn $116,720 per year: more than twice the salary of the average family of four. Even at this pay rate, however, the difference between Sue’s and Johnny’s salaries would match the average Oregon family’s salary and give each person in that family an additional $2250 cash bonus.
Sue’s friend Diana works at Trevor and Blankenship, a firm across town, where she is paid at the 95th percentile of female employees. At this rate, Diana makes more than Johnny’s $175,000 Parker Wayne salary . . . by $35,000. According to the Salary Survey, however, men in the 95th percentile average $185,000 more in annual salary than Diana does. Diana, who earns a higher salary than all but five percent of her female colleagues in Oregon, has fallen much farther behind men in positions comparable to hers: 53.14 cents on the dollar.
Of course, Sue’s and Diana’s salaries are based on the average Oregon attorney in their respective strata. Their pay would likely change depending on where in Oregon they choose to call home. Each can make more than average by working in Portland or in the southern Willamette valley (and Sue, in the 75th percentile, would also do better than average on the coast, though slightly). If their male counterparts followed them, and Sue and Diana were concerned most about equity, how would they fare? In Portland, not well. Diana would have to earn an additional $172,000 per year to equal the salary of the average male attorney in Portland’s 95th percentile. Sue, at the 75th percentile, would not need to find quite as much money to equal Johnny’s Portland salary, but that $100,500 difference is significant nonetheless. In the lower valley (containing Linn, Benton, and Lane counties) salaries are not quite equal, but they are more equitable than average (and far more equitable than in Portland). Diana could move to the lower valley and earn 91.37 cents for every dollar Johnny makes ($119,250 to $130,500). Diana’s 93.81 cents per dollar is even a bit better than Sue’s comparison. In fact, Diana’s female colleagues on the Oregon coast are making about $9500 more on average than do their male counterparts.
To avoid the biggest salary disparities, the survey suggests that Diana should avoid working in the Tri-County area (defined as those areas of Multnomah, Clackamas, and Washington counties outside downtown Portland), where she would earn a scant 44 cents on the dollar a male attorney would make, amounting to more than a $227,000 difference. Southern Oregon (Douglas, Josephine, Jackson, and Klamath counties) offers a small improvement over the Tri-County area, allowing Diana to earn $124,450 (to $260,363 for a male attorney), about 48 cents on the dollar.
Whether a salary disparity based on sex exists in Oregon’s legal profession is indisputable. What can be done about it? Adding salary negotiation to the job search tools taught by American law schools will likely help, but this is if—and only if—these courses and workshops make women aware of the extent of the disparity and provide opportunities for these students to practice their negotiation techniques before they interview for their first post law-school jobs. We must also acknowledge that very often such training would run counter to at least two-and-a-half decades’ worth of socialization in each woman’s life to accept the salary she is offered. Nevertheless, arming women with a full appreciation for the long-term consequences of accepting low initial offers could motivate them to drive a tougher bargain with their first positions.
While teaching new female attorneys more effective ways to bargain for their initial salaries is a step, law firms must take responsibility for their part in salary disparity. Affinity groups for women provide support and ensure that women’s concerns remain in the minds of managing partners, and increasing the general diversity on compensation committees could broaden firms’ perspectives on the types of candidates to pursue and what to offer those candidates by way of salary as they become employees. Practice managers take note: In a world in which almost half of law school graduates are women, firms that forget gender equity in their compensation packages eventually will find themselves on the outside in the competition for top talent.
Sid Moore works in human resources for the state of Oregon, where he consults on a variety of topics including equity, employee development, the Americans with Disabilities Act, and organizational health. Currently on rotation with the Department of Human Services, Sid’s regular assignment is at the Department of Environmental Quality. Sid came to state service after eight years in higher education at the University of Oregon and Oregon Health and Science University. He is a two-time graduate of the University of Oregon, and has been a member of the Oregon State Bar since 1999.
 At the risk of appearing pessimistic, I should point out that there were 67 respondents to the survey from the coast, compared to 182 in the lower Willamette Valley, for example.
Red Lodge Legal Services Program
By Julia Yoshimoto
In December 2013, Red Lodge Transition Services and I, with the support and assistance of many members of the Oregon legal community, launched the Red Lodge Legal Services Program, an innovative and proactive program that fills the unmet legal needs of Native American women incarcerated and overrepresented in Coffee Creek Correctional Facility (CCCF) in order to reduce barriers to reentry, improve reentry planning, and reduce recidivism. The Legal Services Program supports Red Lodge’s holistic and culturally competent core programs which empower incarcerated and formerly incarcerated Native American women to break out of survival mode so that they can focus on the healing and growth necessary to effectively nurture their families, end the cycle of inter-generational incarceration, and positively contribute to the restoration of Native American communities.
The Legal Services Program is a one-year pilot project providing the following services to Red Lodge clients in minimum security at CCCF:
1. Know-Your-Rights Trainings: Expert guests and formerly incarcerated Red Lodge clients educate incarcerated women about their rights regarding reentry issues, i.e. employment, housing, sealing of criminal records, fines and fees, supervised release, etc.
2. Individual Legal Assistance: I assist women in identifying legal issues that are, or may become, barriers to successful reentry. Together, we work to resolve legal issues and improve reentry planning. When appropriate, I will refer clients to cooperating pro bono attorneys for further advice and/or representation.
I received a one-year Lewis & Clark Law School Graduate Public Interest Fellowship, which provides partial funding, for the development and implementation of the Legal Services Program. Through this innovative program, we hope to further empower women from within, so they can reenter with hope as they work to rebuild their lives and strengthen the community. Stoel Rives, LLP in downtown Portland hosted a reception for the Red Lodge Legal Services Program on Friday, January 31st. To learn more about this program, the need for legal assistance for incarcerated Native women, and ways you can support, please visit our website.
Native American Art Created Behind the Iron Doors
The Native American Prison Art Project was founded in 2007 as a unique opportunity for bridging prison with community. Red Lodge Transition Services asked Native men and women incarcerated in several Oregon prisons to donate a piece of artwork for public display. The primary purpose of holding the art show was to provide public education on incarceration and the barriers to re-entry. The Native American Prison Art shows have been very successful in helping promote public awareness and education by combining the very best art from Oregon inmates participating in the Native American Prison Art Project, and professional artists within our Native American communities. All community artists participating in Friends of Red Lodge, have either been previously incarcerated, or have family who has been incarcerated. Joining these two groups of artists, helps to strengthen Native American communities, encourages community involvement and promotes healing across a continuum.
Art allows people who are otherwise invisible to be seen and heard. Art is a universal language capable of reaching past socio-economic barriers, cultural differences, and geographical restrictions. Art provides Red Lodge Transition Services the ability to provide public education and promoting culturally appropriate programming in a non-threatening venue in and out of Oregon prisons.
Art will be on display and for sale through February at the Oregon State Bar Center. Sales will benefit the Red Lodge Legal Services Program.
By: Duane Bosworth
Andrew Solomon’s last book, Far From the Tree, is an extraordinary journey through difference and diversity, presenting triumphs and challenges regarding rising identities and hide-bound institutions. On its surface, it is the study of “horizontal identities” – sons and daughters who in one or more ways are profoundly different from their parents. Its 10 substantive chapters are titled “Deaf Dwarfs,” “Down Syndrome,” “Autism,” “Schizophrenia,” “Disability,” “Prodigy,” “Rape,” “Crime” and “Transgender.” The chapters are filled with stories from the author’s many hundreds of family interviews. Solomon also discusses the growth of his own identity as a gay man.
The author is open, nonjudgmental, and not in thrall to political correctness for its sake. He reveals his own biases candidly and ponders how they came to be. They live in the shadow of the principle offered by the 90-year-old mother of a transgendered woman: “It is impossible to hate anyone whose story you know.”
This is a masterpiece. It does not tell, but instead shows how difference unites us. This is a book that will “shake up your preconceptions and leave you in a better place.” Do not be daunted by its 700 pages. One chapter per week allows for suitable gestation of its ideas and revelations. In short, this remarkable book presents what I think is the fundamental question for diversity and inclusion: how do we treat each person in the fullness of their humanity?
Duane Bosworth is a partner at Davis Wright Tremaine LLP in Portland and chair of its Media practice. He served two terms as chair of the Board of the Urban League of Portland and as chair of the University of Oregon Law School Board of Visitors. Duane was also the chair of a past Diversity Task Force of the Oregon State Bar, which among other actions conducted interviews of diverse lawyers throughout the State. He was a founder, with Justice Edwin Peterson, of Uniting to Understand Racism, serving as president and now continuing as a board member. He has been conducting six-week “UUR” programs, discussing race, in law firms, businesses, governments, and nonprofits for the past 15 years. Duane has served in the ABA House of Delegates and on the board of the Multnomah Bar Association. He is past chair of the Bar Press Broadcasters Council of the OSB and continues as a director of Open Oregon, a nonprofit dedicated to transparency in Oregon government. Duane chaired the efforts to develop the six-chapter Diversity and Inclusion “Toolkit” for legal employers, which was discussed throughout the last Convocation on Equality. He is now heading the effort to update and publish those chapters and to build additional programs for legal employers from them.
Specialty Bar News
March 14, 5:00 p.m. – 9:00 p.m.
- Two tables reserved for OAPABA at the OWLS Roberts Diez Awards Dinner.
March 20, 7:00 p.m. – 10:00 p.m.
- OAPABAOKE (our annual karaoke event) at Voicebox NW, 2112 NW Hoyt St.
To RSVP for any of these events, or for more details, contact Dan Simon at daniel.a.simon@Ojd.state.or.us.
Celebrate with OHBA on February 21, 2014, for its 8th Annual Dinner event.
The Oregon Hispanic Bar Association invites you to a night of food, drink and celebration as it hosts its 8th annual dinner at The Nines Hotel on February 21, 2014 at 5:30 p.m. The OHBA will be presenting the Honorable Marco A. Hernandez with the Paul J. De Muniz Professionalism Award, in recognition of his many years of service to the legal community in Oregon. Dolores Atencio, former president of the Hispanic National Bar Association, will be the keynote speaker and will be discussing the history of Latina women in the legal profession, nationally and here in Oregon.
Tickets are on sale now and can be purchased here: http://ohbadinner2014.eventbrite.com/
The Oregon Minority Lawyers Association is looking forward to another great year in 2014!
2013 was a year marked with several significant successes for our organization. Through our 14th Annual Summer Social and Fundraising Auction and numerous events generously sponsored by members of the Oregon legal community, OMLA was able to award 13 Bar Exam Grants for diverse applicants for the July bar exam, which cover the cost of the exam and a bar preparatory course for each applicant. 2013 also marked the inaugural year for OMLA’s “Inspiring Minority Attorneys Toward Growth and Excellence” (IMAGE) program, organized by many of its long-standing members, including but not limited to Liani Reeves, Kim Sugawa-Fujinaga, and Derily Bechthold. IMAGE is designed as a retention program for racial and ethnic minority attorneys helping them build their professional skill set as they begin their legal careers in Oregon. This first year’s programming featured panels focusing on professional development; remarks from Oregon Attorney General Ellen Rosenblum and the Honorable Mustafa Kasubhai; and an evening reception with professionals from the Oregon legal community.
On behalf of its membership, OMLA would also like to thank Ari Okano Lee, Janice Kim, and Todd Struble for their many years of service on its Board of Directors. They are stepping down to pursue other wonderful opportunities in the legal profession, and their guidance, dedication, and contributions to the organization and its mission will be missed. OMLA’s 2014 Board of Directors now include Christopher Ling (Co-Chair), Chase Morinaka (Co-Chair), Adam Gamboa (Treasurer), Daniel Simon (Secretary), Sujata Patel, Samantha Copeland, Toni Kelich, Suzanne Trujillo, Vamshi Reddy, and Louise Hansen (Members at Large). The 2014 Board hopes to continue OMLA’s long-standing mission to promote diversity in our legal profession.
Join OWLS on Friday, March 14, 2014 at The Nines Hotel in Portland for the Roberts-Deiz Awards Dinner.
The 22nd Judge Mercedes Deiz award recipient is Lissa Kaufman, Director of Student Legal Services, Portland State University. The 22nd Justice Betty Roberts award recipient is the Honorable Elizabeth Perris, United States Bankruptcy Court. Tickets are $90. Tables for 10 are $900. Tickets for those with incomes are $65 and will be on sale until February 6. RSVPs with names and meal choices are due Tuesday, March 4. Raffle tickets (soccer packages) supporting the OWLS Foundation, and tickets to the Roberts-Deiz dinner are on sale at www.oregonwomenlawyers.org. The OWLS Foundation Silent Auction and pre-dinner social is at 5 p.m., and the awards dinner is from 7:00 to 9:00 p.m. Typical dress for this dinner is business attire. The dinner will sell-out well before the RSVP date. Secure your ticket today!
For more information about the other specialty bars and events, please visit their web sites.
Oregon Chapter – National Bar Association (OC-NBA). Please contact Tyler Anderson.