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. I, JEFFREY T. EVEN, declare as follows: 1. I am over eighteen years of age and competent to testify. I DECLARATION OF JEFFREY T. EVEN DETAILING REQUEST FOR ATTORNEYS' FEES

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.

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 Respondents Motion For Attorneys 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 Respondents Motion for Attorneys 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. Respondents Motion for Attorneys 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 Courts order simply granted reasonable attorney fees. Order (Dec. 5, 2012).

5.

I also devoted an additional 1.4 hours related to

Ms. Jordans 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. Jordans pleading sua sponte. These hours are also detailed on Exhibit A. 6. My hours compensable pursuant to this Courts 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 attorneys 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,

based on the fee schedule I have calculated this fee request based upon my hourly rate of $250 per hour. 9. The reasonable attorneys 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 attorneys fee for Ms. Zipps 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

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

BILLING DETAIL Exhibit A DATE Sept. 7, 2012 Sept. 19, 2012 Sept. 20, 2012 HOURS DESCRIPTION 0.5 Review of scheduling letter from court; communication with client 0.5 Reviewing incoming pleadings 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 6.5 Drafting answer to motion accelerate; drafting answer to motion to accept new evidence 2.5 Drafting answer to motion to accept new evidence and finishing answer to motion to accelerate 0.5 Drafting answer to motion to accept new evidence; reading reply re motion to accelerate and ruling thereon; communicating with client 2.0 Drafting response to motion to accept new evidence 0.3 Drafting response to motion to accept new evidence 0.5 Completing and filing response to motion to accept new evidence 1.3 Drafting answer to statement of grounds for direct review 4.0 Drafting answer to statement of grounds for direct review; preparation of appeal decision memo 1.3 Completing and filing answer to statement of grounds for direct review; reviewing reply to response to motion to accept new evidence .1 Review of pleadings 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

Sept. 23, 2012 Sept. 24, 2012

Sept. 25, 2012

Sept. 26, 2012 Sept. 27, 2012 Sept. 28, 2012 Sept. 29, 2012 Oct. 2, 2012

Oct. 3, 2012

Oct. 9, 2012 Oct. 15, 2012

EXHIBIT A

Oct. 16, 2012

1.3

Oct. 23, 2012 Oct. 24, 2012 Oct. 25, 2012 Nov. 2, 2012

8.5 3.5 0.9 0.7

Nov. 4, 2012 Nov. 5, 2012 Nov. 17, 2012 Nov. 19, 2012 Total

0.5 0.2 2.7 1.8 45.8

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 Drafting Respondents Motion for Attorneys Fees and compiling supporting data Continuing to draft Respondents Motion for Attorneys Fees Completing and filing Respondents Motion for Attorneys Fees Reviewing Ms. Jordans requests for admissions and drafting motion to strike them (motion was not filed) Continuing work on motion to strike requests for admissions Review of letter from court striking requests for admissions; communication with client Reading Ms. Jordans response to motion for attorneys fees and beginning to draft reply Completing and filing reply in support of motion for attorneys fees

EXHIBIT A

EXHIBIT B

EXHIBIT B

EXHIBIT C