Session Descriptions

Worse Than Murder: Effectively Deselecting Jurors in Sex Cases | Presenter: Rachel Forde
Most jurors have stronger feelings about sex offenses than almost any other type of case.  The key to winning a sex trial is identifying potential jurors who have beliefs that are inconsistent with your theory of innocence and removing them. Effective de-selection requires engaging jurors to share their thoughts and opinions on this sensitive topic, embracing the impairment, and inoculating them from rehabilitation.  This session will provide a step-by-step framework for finding and getting rid of the worst jurors for your case. 
Part I will address an attorney’s duty to take care of themselves to satisfy RPC 1.1’s standard of competent representation. Part II will focus on competent file management. We will review the 2024 WSBA advisory opinion on client file requests and focus on balancing legal requirements and practicality, including what to do with your jury notes!

A Guide to Child Hearsay and Cross-Examining Children | Presenter: Brian Flaherty 
This session will provide an introduction to RCW 9A.44.120, commonly known as the “child hearsay” statute. Notwithstanding the ordinary hearsay rules, the statute allows introduction of some child complainants’ prior description of “any act…[or] attempted act of sexual contact” and some “act[s] of physical abuse.” This CLE will discuss the rule’s elements, the caselaw applying the statute, and potential challenges to make when the prosecution seeks to introduce “child hearsay” evidence. The CLE will also include considerations and strategies for cross-examining child complainants. 

Is There a Duty to Advise Our Clients of the Sex Offender Civil Commitment Consequence under RPC 1.1,  State v. A.N.J., Padilla v. Kentucky, and  State v. Sandoval? | Presenter: Ken Chang
Sex Offender Civil Commitment is only for sex offenders, right? Right? And the possibility of sex offender civil commitment is a collateral consequence, and not a direct consequence, so we don’t need to advise our clients of that possibility, right? Right? RPC 1.1. does not impose any additional duty other than those covered under the Sixth Amendment Right to Counsel, right? Right? Well, these are the questions that we will discuss and what we as criminal defense lawyers SHOULD do under RPC 1.1 with respect to the “civil” sex offender commitment statute.

The Ghosts of Psychosexual Evaluations Past, Present, and Future: How to Prep Your 
Client for an Evaluation, Use It, and Prepare for Its Future Use​ | Presenter: Amy Muth   
Psychosexual evaluations are almost always the cornerstone of a mitigation package in a sex offense case, whether simply seeking a reduction in charges or requesting the Special Sex Offender Sentencing Alternative. Amy will tell you how to prepare a client for these evaluations, including navigating the thorny issue of unadjudicated victims, how to incorporate the evaluation into your negotiations package, and things to keep in mind for how the evaluation may be used in the future, including for registration leveling decisions, ISRB release decisions, ISRB/DOC supervision conditions, and eventually, if your client is eligible, in a petition to remove registration. She will also discuss situations where you may not want your client evaluated at all. The lifespan of these evaluations, once they are turned over, is long, and preparing your client and working with the evaluator to make certain you’ve laid the groundwork for future use is critical in ensuring the best outcome for your client now and for years to come.    

Life After Sex Offense Sentencing: The Indeterminate Sentence Review Board (ISRB), Lifetime Supervision, and the Sex Offender Policy Board (SOPB) | Presenter: Sonja Hardenbrook 
Often the defense focuses on what happens to our clients up through sentencing. What happens after sentencing – including review by the Indeterminate Review Sentencing Board (ISRB) and if released, lifetime supervision – are incredibly important considerations for our clients.  This talk will address the process at the ISRB, how clients can posture themselves well for board consideration, the realities of lifetime supervision, as well as policy work in these areas (and more!) by the Sex Offender Policy Board. 

Direct and Collateral Consequences of Being Accused, Charged or Convicted of a Sex Offense | Presenter: Brad Meryhew 
A person accused, charged or convicted of a sex offense faces a myriad of consequences that can be life changing and lifelong. Brad will review direct and indirect consequences with some strategies for preparing for and minimizing the effect of those consequences where possible. The discussion will cover a wide variety of topics from housing and employment, to domestic and international travel, to accessing health care later in life.