Oregon State Bar Judicial Voters Guide 2010 1) Your full name: Kathleen M. Dailey 2) Office Address and Phone Number: Multnomah County Circuit Court 1021 SW Fourth Avenue, Room 714 Portland, OR 97204 (503) 988-3062 3) Web site (if applicable): http://www.ojd.state.or.us/mul/index.html 4) List high school, college and law school attended, including dates of attendance, degrees awarded and your reasons for leaving each school if no degree from that institution was awarded. University Entrance Certificate, Suva Grammar School; Suva, Fiji; 1973-1976 B.A. (History), University of Oregon; Eugene, Oregon; 1977-1981 J.D., Northwestern School of Law of Lewis & Clark College; Portland, Oregon; 1981-1984 5) List employment since graduation from law school, including dates employed, your position and the nature of the practice or activity. Circuit Court Judge, Multnomah County (2004-present) Partner and shareholder, Williams Dailey O’Leary Craine & Love, PC, Portland, Oregon (2001-2004)(personal injury) Partner and shareholder, Williams Dailey & O’Leary, PC, Portland, Oregon (1999-2001)(personal injury) Associate Attorney, Williams & Troutwine, PC, Portland, Oregon (1992- 1999) (personal injury) Trial Attorney, Metropolitan Public Defenders, Inc., Portland, Oregon (1988- 1992) (criminal defense) Legal Clerk, Bennett, Hartman, Tauman & Reynolds, Portland, Oregon (1987-1988) Director, Family Services Program, Army Community Services, Bad Kreuznach, Germany (1986-1987) (social work) Outreach Coordinator, Army Community Services, Dexheim, Germany (1985-1986) (social work) Substitute Teacher K-12, Department of Defense Schools, Bad Kreuznach, Germany (1984-1985) 6a) List state and federal bars, courts and administrative bodies to which you are presently admitted and the date of admission. Oregon State Bar (since 1988) 6b) List any previous admissions, including dates, and the reason why you are no longer admitted. Oregon U.S. District Court (1992-2004); Ninth Circuit (1993-2004); Washington State (2001-2004); U.S. Court of Claims (2003-2004) 7) List publications and/or articles you have authored. “Recommended Practices For Civil Jury Trials in Multnomah County Circuit Court,” 2008, Co-author 8) List community, teaching (Continuing Legal Education or otherwise) or civic activities. February 17, 2010: Northwestern School of Law of Lewis & Clark College, “Trial Practices” January 11, 2010: Multnomah Bar Association, “Persuasive Oral and Written Advocacy” May 14, 2009: Multnomah Bar Association Young Lawyers Section, “Voir Dire” April 25, 2009: Oregon Trial Lawyers Association Women’s Caucus Judicial Panel February 25, 2009: Guest Lecturer, Trial Advocacy, Northwestern School of Law of Lewis & Clark College February 20, 2009: Evaluator, Opening Statements, Trial Advocacy College, Oregon State Bar June 19, 2008: Girls State, “Women In the Law” May 15, 2008: Multnomah Bar Association, “Trial Practices” April 29, 2008: Multnomah County Circuit Court Clerks, Managing Jury Trials, “How to Avoid Juror Contamination” March 7, 2008: Oregon State Bar, Litigation Seminar, “Lessons From The Courtroom: Judicial Perspectives” December 7, 2007: Oregon Women Lawyers Mentoring Series, “Voir Dire” May 9, 2007: Multnomah Bar Association, “Trial Practices” April 3 & 17, 2007: Judge, Northwestern School of Law of Lewis & Clark College, Mock Trial April 19, 2007: Metropolitan Public Defenders Brown Bag, “Trial Skills” April 20, 2007: Oregon Legal Institute, “Courtroom Practices Behind the Scenes” March 9, 2007: Evaluator, Voir Dire Techniques, Oregon Trial Advocacy College, Oregon State Bar March 6, 2007: Guest Lecturer, Criminal Justice, Portland Community College February 14, 2007: Products Liability Brown Bag, Oregon Association of Defense Counsel January 30, 2007: Guest Lecturer, Trial Advocacy, Northwestern School of Law of Lewis & Clark College October 19, 2006: Northwestern School of Law of Lewis & Clark College, “How a New Lawyer Becomes a Professional Lawyer - Building Your Professional Reputation” April 6, 2006: Oregon Trial Lawyers Association, “Mock Trial” April 5, 2006: Multnomah Bar Association, “Trial Practices” March 17, 2006: Oregon Legal Institute, “Litigating Auto Accident Cases” December 6, 2005: Rotary Club, Lake Oswego, “Comparisons in Justice Systems; Fiji and the United States” October 19, 2005: Oregon Judicial Conference, “Legislative Overview: Civil” August 18, 2005: Oregon Trial Lawyers Association, “Tips from the Bench from a Recent Practitioner” July 27, 2005: Rotary Club, Te Kuiti, New Zealand, “U.S. Jurisprudence” May 19, 2005: Oregon Paralegal Association, “Trial Preparation” October 27, 2003: Multnomah Bar Association Young Lawyers Section, “Products Liability” October 24, 2003: Oregon Trial Lawyers Association, “Premises Liability” March 18-19, 2002: Mealeys Vaccine Litigation Conference, Philadelphia, Pennsylvania, “Thimerosal Litigation” Northwestern School of Law of Lewis & Clark College Joyce Ann Harpole Award Recipient (2002) November 15-16, 2001: American Trial Lawyers Association, Vaccine Litigation Group Meeting, Scottsdale, Arizona, “Chelation for Children with Autism” October 1-2, 2001: Mealeys Mold Litigation Conference, Chicago, Illinois, “Selection of Experts: Who You Need On Your Team to Prove Your Case” June 25-26, 2001: Mealeys Mold Litigation Conference, Marina del Rey, California, “Step III: Interpreting The Data To Use In Your Case” October 6, 2000: Oregon State Bar Products Liability Annual CLE, “Toxic Torts” February 1997: Guest Lecturer, Portland State University, Business Ethics November 21, 1997: Oregon Law Institute, Evidence CLE, Co-chair April 12, 1996: Oregon Women Lawyers, Annual Spring CLE, “Direct and Cross-Examination of Material Witness: PTSD” 9) Prior to your becoming a judge, what was the general character of your legal practice? Indicate the nature of your typical clients and mention any legal areas in which you concentrated. Plaintiff’s Personal Injury practice with emphasis in mass tort pharmaceutical, elder abuse, toxic mold litigation. 10) List your judicial experience, including as a pro tem, and/or service on an administrative tribunal, or justice, municipal, tax, circuit, or appellate court. Circuit Court Judge, Multnomah County (2004-Present) 11) Describe the general character of your judicial work over the past five years. Indicate the nature of the cases over which you preside, any specialty courts or court programs, and any legal areas in which you concentrate. Criminal and civil docket and co-supervisor treatment court: DUII Intensive Supervision Program ( DISP) 12) Describe any judicial experience in appellate courts not included above. Not applicable. 13) State the approximate number of trials or contested hearings over which you have presided as the judicial officer during each of the past five years. Indicate roughly how many were jury trials and how many were trials to the court. Ongoing criminal and civil trials, motions, and probation violation hearings since August 2004. 14) Describe any experience serving as an arbitrator or mediator. Judicial Settlement Conferences 15) List all bar association memberships, offices held and committee assignments. Member, Oregon State Bar Professionalism Commission (2009-2011) Member, Oregon Judicial Department Committee to Review the Oregon Code of Judicial Conduct (2008-2010) Member, Multnomah County Presiding Court Task Force on Civil Jury Trial Practices (2007- present) Chair, Jury Orientation Committee, Multnomah County Circuit Court (2007- 2009) (Member since 2005) Co-Chair, Therapeutic Court Committee, Multnomah County Circuit Court (2007-present) Mentor, Northwestern School of Law of Lewis & Clark College Mentor/Mentee Program (2007-present) Member, American Bar Association (1995 - present) Member, Oregon Women Lawyers (1993- present) Member, Multnomah Bar Association (1992 - present) [Membership, offices held and committee assignments] Multnomah Bar Association Continuing Legal Education Committee (2005- 2008) Oregon Judicial Department Judicial Conduct Committee (2004-2008), Vice Chair (2008) Jury Standards Committee, Co-Chair, Multnomah County Circuit Court (2005-2007) Solomon Inns of Court (2005-2006) Oregon Trial Lawyers Association, (Member 1992-2004, President’s Club Member 1994-2004) -President (2003-2004) -Vice President (2002-2003) -Secretary/Treasurer (2001-2002) -Parliamentarian (2000-2001) -Board Member (1996-2004) Oregon Trial Lawyers Association, Membership Committee (1997-2000), Chair (1998) Oregon Trial Lawyers Association, Education Committee (1995-1997), Chair (1996) Oregon State Bar Legislative Highlights (1999, 2001, 2003) Oregon State Bar Procedures and Practice Committee (1998-2002), Chair (2002) Oregon State Bar Product Liability Section (1995-1997) Chair (1997-2001) Multnomah County Bar Association Court Liaison Committee (2002-2004) Multnomah County Bar Association Judicial Screening Committee (1999- 2002) Oregon Law Institute Board, Northwestern School of Law of Lewis & Clark College (1999) Washington State Trial Lawyers Association (2002-2004) Trial Lawyers for Public Justice (2000-2004) Western Trial Lawyers Association (1997-2004) Association of Trial Lawyers of America (1992-2004) Association of Trial Lawyers of America, Washington, D.C. (Women’s Caucus Lobby Day Participant (2001)) Association of Trial Lawyers of America Leadership Summit, Washington, D.C. (Sept 18-19, 2002) 17) Have you ever been convicted of or pleaded guilty to a violation of any federal, state, county or municipal law, regulation or ordinance? If so, please give details. Do not include parking offenses or traffic violations for which a fine of less than $500 was imposed. No. 18) Have you ever been the subject of a formal disciplinary proceeding as an attorney or judge? If so, please give the particulars and the result. Include formal proceedings only. As an attorney, a client filed a complaint regarding a consortium claim, arising from his ex-wife’s (also a client) tort claim. Complaint was dismissed. 19) What attracted you to a judicial career? The Judicial branch of government ensures the rule of law. Judges are entrusted with the responsibility of assuring citizens are guaranteed the freedoms set forth by our Constitution and Bill of Rights. I cannot think of a greater honor for me as a lawyer then to become a judge and honor this obligation to the best of my ability. 20) Briefly describe your philosophy of the judicial role, the qualities that are most important for the role, and the greatest challenges to the role. I am committed to ensuring a fair, impartial, balanced opportunity to be heard. A professional demeanor, efficient case management, an open mind, and common sense are important to a meaningful process. Lack of resources to accomplish meaningful sentencing is one of the biggest obstacles. 21) Briefly describe a case, or a legal issue on which you worked, of which you are particularly proud, or which is reflective of your legal ability, work ethic, judicial philosophy, or temperament. After almost two years of motions MAN AKTIENGESELLSCHAFT, et al. v. DAIMLERCHRYSLER AG, et al. Multnomah County Circuit Court case no. 041213050 went to trial for six weeks. Given the duration of the case it represents many if not all aspects of the work we do as judges. There were many complicated legal issues with a great deal at stake for the parties. The case required diligence, organization, many hearings for the parties to be thoroughly heard, and a commitment to fairness and impartiality. It was a privilege to work with the many attorneys on this case. 22) Briefly describe an issue, related to Oregon's justice system, that is of particular interest or concern to you, or that you have interest in working toward improving. I am very engaged in the treatment court process. I believe it is vital to attend to the underlying causes of people’s criminality. Sentencing needs to address issues such as addiction, cognitive restructuring, and employment in meaningful ways. It is imperative that oversight is provided to help the offender move towards positive long term change. 23) Briefly describe a legal figure, personal, fictional or historical, whom you admire and why. Former Justice Betty Roberts – for having the temerity to say she could and would when others doubted.