WSBA Board approves three statements after heated debate over executive-session secrecy

The Washington State Bar Association Board of Governors on Oct. 12 approved three related measures after an extended public-session debate about whether motions based on material discussed in executive session should be voted on before the full membership can see the text.

Board member Jordan Couch moved to approve Recommendation 1(a), the statement titled "Lawful and Necessary: Affirming the WSBA's Work to Promote the Rule of Law and Diversity in the Profession." After that passed, the board approved Recommendation 1(b) of the WSBA guiding principles and a motion to sign on to the American Bar Association's Rule of Law statement.

The votes followed sustained objections from other board members and public commenters who said approving motions derived from confidential materials undermined transparency. "I think it is not appropriate form to adopt motions based on confidential material that the membership isn't seeing," said Nancy Hawkins. "If that's what you're gonna do, there's you can't have executive session because these meetings are supposed to be public and transparent."

Laurie (role not specified in the record) and other speakers explained the timing constraints. "We are not able to publish the statement that the board is deciding that they're gonna do before they've had a chance to talk about and receive legal advice," one speaker said, describing the sequence: draft in executive session, legal advice, then public approval and release.

Tara (role not specified in the record) urged the board to treat members' concerns as a governance issue. "I think we should take these comments under advisement. I think we should review our bylaws again," Tara said, suggesting the governance committee examine the organization's processes.

Chief Disciplinary Counsel Ende told the board that continued debate was unlikely to be productive and recommended adjournment; the chair instead proceeded to a roll-call vote. Executive Director Nevitt was cited by others during the discussion as having urged a reexamination of transparency practices.

Roll-call responses recorded multiple "aye" votes after the motions were put to the board. The record shows the following governors voted "yes" on Recommendation 1(a): Tom Ahern, Todd Bloom, Christina Leary, Chris Bang, Matthew Dresden, Jordan Couch, Emily Arneson, Kari Petrasic and Nam Nguyen. Kevin Feig and Allison Whitney were recorded as not present for the roll call. The subsequent motions (Recommendation 1(b) and the ABA sign-on) carried on similar roll-call outcomes; the sign-on motion was recorded as passing unanimously among those present.

Board members who objected said the organization should not approve specific statements in public session if the membership cannot see the text before voting. Supporters said legal advice and internal discussion must precede publication to ensure the text is accurate and legally vetted.

The board recorded that the statements and any accompanying explanatory materials would be released after the board's legal review and the public vote. Several board members and staff committed to reviewing WSBA policies related to executive sessions and the timing of releasing materials to membership.

Votes at a glance

- Recommendation 1(a) — "Lawful and Necessary: Affirming the WSBA's Work to Promote the Rule of Law and Diversity in the Profession." Motion moved by Governor Jordan Couch; second not specified in the record. Roll call recorded votes in favor from Tom Ahern, Todd Bloom, Christina Leary, Chris Bang, Matthew Dresden, Jordan Couch, Emily Arneson, Kari Petrasic and Nam Nguyen; Kevin Feig and Allison Whitney recorded absent. Outcome: approved.

- Recommendation 1(b) — Approve language in the WSBA guiding principles. Motion moved by Governor Jordan Couch; second not specified in the record. Outcome: approved (roll-call votes recorded in the meeting transcript as affirmative by the same set of governors who voted on 1(a)).

- Sign on to the American Bar Association Rule of Law statement. Motion moved by Governor Jordan Couch; second not specified in the record. Outcome: approved (recorded as passing unanimously among members present).

Why it matters

The votes finalize the WSBA's public alignment with stated priorities on the rule of law and diversity and add the association's name to an ABA rule-of-law statement. The immediate procedural dispute highlighted recurring tensions in membership associations about how much material may be discussed confidentially in executive session and when the membership should be given access to draft language before the board adopts it.

What happens next

Board members and staff said they will review bylaws and processes for executive sessions and publication of materials; the transcript records an intention to take members' comments "under advisement" and have governance follow up. The approved statements will be released after the board's legal review, according to the record.

(End of coverage.)