Washington Chapter Newsletter
January 2026

PRESIDENT'S MESSAGE
 

Greetings from sunny Newport Beach! A strong delegation representing the Washington chapter is down here attending the 2026 National ABOTA Annual Meeting and Leadership Conference this week. I’m excited about this slate of keynote speakers, including Hall of Fame running back Eric Dickerson and world renowned humanitarian Dr. Rick Hodes—founder of the Ethiopia Spine and Heart Project.

On a less cheerful note, last month Attorneys General representing 43 states (plus three territories and the District of Columbia) co-signed a letter to Congress urging more financial support for judicial security in the face of threats against judges, which they described as having “reach[ed] all-time highs.” Citing a three-fold increase in documented hostile threats to judges over the past decade, their letter continued:

While the undersigned hold differing views on many legal issues, we all agree that the legal system cannot function if judges are unsafe in their homes and courthouses. We ask that Congress address the Judiciary’s concerns and provide the resources that are necessary to protect the safety of federal courts and federal judges. 

The disturbing truth is that, in 2025 alone, more than 100 judges across the country (including one in the Western District of Washington) were “doxxed” with unsolicited pizza deliveries to their homes—many in the name of Daniel Anderl, the son of a federal judge who was shot dead by a gunman posing as a deliveryman in 2020. 

This is intolerable. We must do more to stand up for judicial independence, and to advocate for enhanced safety for our judicial officers, at both the state and federal levels. Our chapter will remain a strong voice on this issue, through our rapid response program and other work. Our chapter also joins the AGs in calling for increased funding for the Judiciary’s Vulnerability Management Program (VMP)—a multi-faceted initiative that, among other provisions, would allow judges to scrub their personal information from online databases.

-Dave 

CIVIL TRIAL TIP

Hon. Andrew B. Van Winkle
Spokane County Superior Court Judge

Surviving an Ambush

You are 4 days into a 3-week trial and the other side wants to call multiple previously undisclosed witnesses as part of its case-in-chief. What do you do? You work up your righteous indignation and immediately move to exclude the witnesses. Right? Wrong.

The correct answer is you ask for a recess so you and the judge can re-read Jones v. City of Seattle, 179 Wn.2d 322, 314 P.3d 380 (2013), as well as Green v. Kootenai Heart Clincs, LLC, 34 Wn. App. 2d 216, 567 P.3d 645 (2025).

In law school, we all learned the discovery rules were created to do away with trial by ambush and so that cases would be tried based on the facts and not based on who could obfuscate the best. When ambushed mid-trial, it is okay to feel offended and to be a bit indignant. After all, the other side is flaunting the rules and basic fairness. This wrongdoing should result in sanctions. However, the proper sanction is likely to be monetary, and not exclusionary. If you seek an exclusionary remedy, without creating the proper record for exclusion, you risk the jury’s verdict being overturned on appeal.

Ever since Burnet v. Spokane Ambulance, exclusion has been a discovery sanction of last resort in Washington’s state courts. 131 Wn.2d 484, 933 P.2d 1036 (1997). Since Jones, exclusion has been a sanction of last resort even when ambushed midtrial. There is actually a presumption that “late-disclosed testimony will be admitted absent a willful violation, substantial prejudice to the nonviolating party, and the insufficiency of sanctions less drastic than exclusion.” Jones, at 343.

In Jones, the defense midtrial sought to admit the testimony of 3 previously undisclosed witnesses, the plaintiff’s father, sister, and a private investigator. The judge excluded the witnesses as a discovery violation. On appeal, the Supreme Court ruled that exclusion had been an abuse of discretion because the judge and the party seeking exclusion failed to make an adequate record under Burnet.

In almost all instances of midtrial ambush, the violation is willful. But, willful misconduct is not itself sufficient to justify exclusion. There must also be substantial prejudice and consideration of less drastic sanctions. Substantial prejudice will rarely be present if the surprise can be adequately dealt with through a longer recess to interview or depose the new witness or by recalling some of your witnesses. The fact that the new evidence hurts your case is not the type of prejudice courts look for under Burnet. Prejudice is more likely to require exclusion if the witness/evidence introduces a new theory or would require retaining a new expert. You often will not know whether that is the case until you first take the time to interview or depose the new witness/review the new evidence. Only after you take a recess, maybe a day-long recess, will you be able to adequately argue why monetary sanctions are insufficient.

While Jones sets the standard for how to deal with a midtrial ambush, Green is helpful because of its discussion and synthesis of Jones. Jones is a lengthy and complex opinion and Green does a good job of synthesizing the steps you and the judge need to follow to create an adequate record to support exclusion.

The next time you are ambushed in the middle of trial, get mad. The judge is also likely mad. But then take a breath and ask for a recess, so you can regroup and strategize. While exclusion may feel like the appropriate sanction, the legally correct sanction probably involves a short continuance and demanding the other side (possibly their attorney personally) pay a hefty sum of money for the willful inconvenience.

BEST IN THE WEST VOIR DIRE COMPETITION - FEB 12/13

Our 3rd annual voir dire competition will take place on February 12 & 13. This year's program has expanded to include all three law schools in Oregon as well as a Zoom voir dire round. The in-person rounds will take place at the US District Court in Seattle. ABOTA National President-Elect Bill Shapiro will also be in attendance.

We need your help to make this program a success.

  • Attend the Welcome Reception on Thurs, Feb 12th at 5pm at SU

  • Volunteer at the event on Fri, Feb 13th. We need a number of volunteers to help escort jurors, check in jurors and participants, scoring judges, timers, and more. Email nicole@wa-abota.org to sign up. The event runs 8am-5pm, but half-day help is welcome.

  • Sponsors - This is one of the programs that your sponsorship helps support. While the space is free of charge, we do have to pay for jurors, catering, awards, etc. View the 2026 Firm Sponsor Packet and contact nicole@wa-abota.org to confirm your sponsorship.

UPCOMING EVENTS

February 12
2026 Voir Dire Competition Welcome Reception
Join us in welcoming the teams, judges, and volunteers participating in our 3rd annual voir dire competition with a reception at Seattle University. There is no cost to attend. 

March 5
Threats to the Judiciary: A Judicial Perspective from Seattle to Spokane
Hear from Judge Robert Lasnik, US District Court - Western District of Washington, Judge Breean Beggs, Spokane County Superior Court, and Judge Andrea Robertson, King County Superior Court Judge about the impact of threats on the judiciary.

Everett Judicial Reception
Watch your email for information on a judicial reception in Everett recognizing judges from Snohomish, Skagit, Whatcom, Okanogan, Chelan, and Douglas counties. We are finalizing the details for a March or April event.

NOMINATE A NEW MEMBER

Nominees must have a minimum of 7 civil jury trials to verdict or hung jury as lead counsel, and 100 trial points. 

If you know someone who has the required trial experience and has a strong reputation for professionalism and civility, please fill out the Nomination Form and the membership committee will begin the vetting process.

VOLUNTEER OPPORTUNITY

Washington ABOTA is sponsoring Region 13 of the National Trial Competition that will take place at the University of Washington School of Law February 6-8, 2026.  This competition will welcome mock trial teams from 11 law schools across Washington, Oregon, Colorado, Montana, and Utah, and provide an invaluable opportunity for law students to develop and showcase their trial advocacy skills. Volunteer judges will score student performances and provide constructive feedback to help prepare participants for real-world practice. 

While we are still awaiting official confirmation from the WSBA, CLE credit is expected to be available for each hour of judging.  You can sign up to judge one or more rounds HERE.  Thank you for helping with this event!

2026 SPONSOR OPPORTUNITIES

We were able to accomplish a great deal last year thanks to the generous support of our sponsors. The feedback we have received regarding the judicial recognition events, voir dire competition, rapid response team, CLE programs and more have increased the visibility of ABOTA throughout the bench and bar.

We have big plans to continue and expand those efforts in 2026, but we need your support to make it all happen. Please review firm sponsor options below. Reach out to nicole@wa-abota.org with questions or to confirm your sponsorship.

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