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NO. 87837-4

SUPREME COURT OF THE STATE OF WASHINGTON

LINDA JORDAN,

Appellant,

v.

SAM REED, Secretary of State of the

State of Washington,

Respondent.

DECLARATION OF

JEFFREY T. EVEN

DETAILING REQUEST

FOR ATTORNEYS'

FEES

I, JEFFREY T. EVEN, declare as follows:

1. I am over eighteen years of age and competent to testify. I

am an attorney licensed to practice law in Washington. I am currently

employed by the Attorney General of Washington, and my title is Deputy

Solicitor General. I serve as counsel for Respondent Secretary of State

Sam Reed in this action. I submit this Declaration pursuant to

RAP 18.1(d), and the Order of this Court entered on December 5, 2012,

awarding reasonable attorneys’ fees in favor of the Respondent pursuant to

RAP 18.9.

2. As detailed below, Respondent seeks an order setting

reasonable attorney fees in this matter at $12,675, payable by Ms. Jordan

to the State of Washington.

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3. During the time period of September 7, 2012, through and

including October 16, 2012, I devoted a total of 27 hours to the defense of

this appeal. The time period begins after this appeal commenced, and

ends before I began work on Respondent’s Motion For Attorney’s Fees,

and therefore does not include any time devoted to that motion. Tasks

performed in those 27 hours principally consisted of preparing pleadings

related to the motion practice in this matter, as well as the review of

pleadings and discussions of the case with Deputy Solicitor General

Allyson Zipp and with representatives of the client at the Office of the

Secretary of State. Exhibit A to this Declaration is a table describing the

legal services provided on this appeal in greater detail.

4. After October 16, 2012, I devoted an additional 17.4 hours

to the tasks related to Respondent’s Motion for Attorney’s Fees. These

hours are also detailed in Exhibit A. In requesting fees, respondent

sought fees in the amount incurred up to the date of the motion, plus “such

additional amount as may be incurred before dismissal of this action.”

Respondent’s Motion for Attorney’s Fees at 2. I note that the motion also

alluded to requesting additional fees “other than related to this motion.”

Id. at 10. For this reason, I separately note this block of time. The Court’s

order simply granted “reasonable attorney fees.” Order (Dec. 5, 2012).

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5. I also devoted an additional 1.4 hours related to

Ms. Jordan’s attempt to file requests for admissions, because I drafted a

motion to strike that attempted discovery pleading. I did not file the

motion, because the Court rejected Ms. Jordan’s pleading sua sponte.

These hours are also detailed on Exhibit A.

6. My hours compensable pursuant to this Court’s order of

December 5, 2012, accordingly total 45.8 hours.

7. I was assisted in this matter by my colleague, Deputy

Solicitor General Allyson Zipp, who devoted a total of 7 hours to the

defense of this appeal between the dates of September 7, 2012, through

and including October 16, 2012. A true and correct copy of a declaration

she previously filed in this matter is attached as Exhibit B for ease of

reference. Ms. Zipp has since left the employment of the Office of the

Attorney General.

8. The Office of the Attorney General has developed a

schedule of litigation recovery rates, to be used when seeking the recovery

of attorney’s fees from opposing parties. A true and correct copy of that

schedule is attached as Exhibit C. The fee schedule sets hourly rates

based upon years of experience as an Attorney. I was admitted to the

Washington bar in 1991, after earlier being admitted to the bars of

California and Montana in 1987 and 1988 respectively. Accordingly,

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based on the fee schedule I have calculated this fee request based upon my

hourly rate of $250 per hour.

9. The reasonable attorney’s fee for my work in defense of

this action is $11,450, calculated by multiplying 45.8 hours by the hourly

rate of $250 per hour. The reasonable attorney’s fee for Ms. Zipp’s work

in defense of this action, as detailed in Exhibit B, is $1,225, calculated by

multiplying 7 hours by the hourly rate of $175 per hour. This totals

$12,675.

10. I declare under penalty of perjury under the laws of the

state of Washington that the foregoing is true and correct and of my own

knowledge, and that I executed this declaration at Olympia, Washington,

in the County of Thurston, this 10th day of December, 2012.

s/Jeffrey T. Even

Jeffrey T. Even

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CERTIFICATE OF SERVICE

I certify, under penalty of perjury under the laws of the state of

Washington, that on this date I served a true and correct copy of the

foregoing document, via electronic mail, on the following:

LINDA JORDAN

4419 S DAWSON STREET

SEATTLE, WA 98118

d.lizzy@comcast.net

DATED this 10th day of December, 2012, at Olympia, WA.

s/Kristin D. Jensen

KRISTIN D. JENSEN

Legal Assistant

EXHIBIT A

BILLING DETAIL

Exhibit A

DATE HOURS DESCRIPTION

Sept. 7, 2012 0.5 Review of scheduling letter from court;

communication with client

Sept. 19, 2012 0.5 Reviewing incoming pleadings

Sept. 20, 2012 4.5 Answer to motion to accelerate; consultation

with client and with co-counsel; email

exchange with Ms. Jordan re transcript and

statement of arrangements

Sept. 23, 2012 6.5 Drafting answer to motion accelerate; drafting

answer to motion to accept new evidence

Sept. 24, 2012 2.5 Drafting answer to motion to accept new

evidence and finishing answer to motion to

accelerate

Sept. 25, 2012 0.5 Drafting answer to motion to accept new

evidence; reading reply re motion to

accelerate and ruling thereon; communicating

with client

Sept. 26, 2012 2.0 Drafting response to motion to accept new

evidence

Sept. 27, 2012 0.3 Drafting response to motion to accept new

evidence

Sept. 28, 2012 0.5 Completing and filing response to motion to

accept new evidence

Sept. 29, 2012 1.3 Drafting answer to statement of grounds for

direct review

Oct. 2, 2012 4.0 Drafting answer to statement of grounds for

direct review; preparation of appeal decision

memo

Oct. 3, 2012 1.3 Completing and filing answer to statement of

grounds for direct review; reviewing reply to

response to motion to accept new evidence

Oct. 9, 2012 .1 Review of pleadings

Oct. 15, 2012 1.2 Drafting reply in support of motion (in answer

to statement of grounds) to treat notice of

appeal as motion for discretionary review and

to deny discretionary review

EXHIBIT A

Oct. 16, 2012 1.3 Completing and filing reply in support of

motion (in answer to statement of grounds) to

treat notice of appeal as motion for

discretionary review and to deny discretionary

review

Oct. 23, 2012 8.5 Drafting Respondent’s Motion for Attorney’s

Fees and compiling supporting data

Oct. 24, 2012 3.5 Continuing to draft Respondent’s Motion for

Attorney’s Fees

Oct. 25, 2012 0.9 Completing and filing Respondent’s Motion

for Attorney’s Fees

Nov. 2, 2012 0.7 Reviewing Ms. Jordan’s “requests for

admissions” and drafting motion to strike

them (motion was not filed)

Nov. 4, 2012 0.5 Continuing work on motion to strike “requests

for admissions”

Nov. 5, 2012 0.2 Review of letter from court striking “requests

for admissions”; communication with client

Nov. 17, 2012 2.7 Reading Ms. Jordan’s response to motion for

attorney’s fees and beginning to draft reply

Nov. 19, 2012 1.8 Completing and filing reply in support of

motion for attorney’s fees

Total 45.8

EXHIBIT B

EXHIBIT B

EXHIBIT C