November 2012 Bar Bulletin
Profile of
Mark Johnson
You Gotta Have Heart By Sal Mungia
He has the usual accolades you expect to find at the top of our profession: member of the American College of TrialLawyers; listed in every edition of the Best Lawyers in America since 1995; named in 2011 as Seattle Plaintiffs'Legal Malpractice Lawyer of the Year; AV rated by Martindale Hubbell. He has served as president of the Washington State Bar Association, was the treasurer for the association when he served on the Board of Governors, and will be president of Legal Aid for Washington starting in January.
But the quality that sets him apart from others who are similarly smart, talented and devoted to their profession: the size of his heart.
Yes, Mark Johnson's heart, as was the Grinch's post-epiphany, is three sizes larger. As WSBA Executive DirectorPaula Littlewood says: "Mark is wicked smart and leads with the heart." I'll second that description.
He does lead with his heart. It was his heart that moved him to use, not just a little of his time, but, in legal parlance,gobs of his time to change the way the WSBA approaches funding for civil legal aid. In 2009, with funding for civil legal aid dropping faster than turkeys in November, Mark went on the road, literally, and traveled across the state to talk to whomever was willing to listen to him, and even some who weren't, to spread the news that we, as lawyers, as a legal association, had to act and act now.
It was only because of Mark, his leadership, his courage, and his tenacity that in 2009 the Board of Governors considered, debated, and then decided to transfer $1.5 million from reserve funds to literally save civil legal aidthroughout our state. Because of Mark's leadership, the WSBA changed its procedures so that lawyers throughout thestate can contribute to The Campaign for Equal Justice through their WSBA annual bar dues renewal. As Caitlin Davis Carlson, the Legal Foundation of Washington executive director has said, "Mark Johnson will always have the access to justice community's enduring gratitude."
When I talked to a number of Mark's colleagues and friends about the piece that I would be writing about Mark, I askedthem to use three adjectives to describe Mark. I heard the same ones being used repeatedly: "creative," "courageous," "generous," "loyal," "persuasive," "ethical," "compassionate," "tireless," "smart," "competitive," and "a global thinker" (okay, "global thinker" was only used once - sorry to burst your bubble about that one Mark). I know that Mark, as he is reading this now, is thinking, "Wait a second, no one said 'funny?'"
Well, I'll admit that one person did give that as an adjective, but qualified it with "even if he doesn't intend to be." Personally, I think Mark's chance of being described as "funny" took a hit a few years ago when Mark told what hethinks is the funniest joke in the world at an Access to Justice Conference. It has to do with a snowman and carrots. Whatever you do, don't ask him about it because he will, with a gleam in his eyes, tell you the "joke." If by chance you find yourself the recipient of that joke, then do your best to, if not laugh out loud (whichwill nigh be impossible), at least give a smile because if you don't, he'll merely repeat the joke waiting for that expectantlaugh.
But I'm being too harsh. As told by Justice Steven Gonzalez, when he was Judge Gonzalez of the King County Superior Court, he was riding his motorcycle early one morning to the King County Courthouse, when a silver Porsche, the driver of which was doing something other than looking out for motorcycles, cut him off, causing the judgeto swerve and take some pretty severe evasive maneuvering. Judge Gonzalez looked up and saw a license plate:"08Cubs" and quickly caught a glimpse of the driver: Mark Johnson. Justice Gonzalez sent an email to Mark thatmorning saying some guy in a silver Porsche with license plate "08Cubs" cut him off in the Magnolia neighborhood.Within minutes Justice Gonzalez received an email from Mark: "I'm going to have a talk with the jerk who was driving mycar."
A sense of humor, or the degree to which he possesses one, may be subject to debate. His heart, compassion, generosity are not.
Here's a guy who never forgets to bring back from Paris a box of chocolates to the staff at the Legal Foundation of Washington each holiday season. Yes, a little act, but it's the little acts that count the most.
Then there's a story told by Mike Pontarolo, a Spokane attorney and Mark's friend, about how Mike took his parentsand Mark to dinner at a restaurant in Walla Walla. Mike's dad, just recovering from a stroke, started choking duringdinner and Mike had to take him to the restroom. Mike and his dad spent 30 to 40 minutes in the restroom. Duringthis time Mark had to leave. Even though Mike had said he would treat Mark, and even though Mike had invited hisparents, Mark picked up the dinner tab for all of them. (Mark has a slightly different take on this event - he says he was set up. He'll tell you he witnessed Mike and his dad give each other a high-five as they left the restroom when they sawMark had picked up the tab.)
Jan Eric Peterson has known Mark for 30 years plus - back in the day when Mark had a Corvette Stingray. Both Jan and Mark have a passion for baseball. (Reflecting their personalities, Jan is a lifelong Giants fan while Markhas been a loyal Cubs fan, dating back to his Chicago roots. I would have said "loyal, frustrated Cubs fan," but that would be redundant.)
Mark wanted to find a way to thank Jan for a favor that Jan had done for Mark. Mark found himself going to a LouGehrig's Disease fundraiser that featured Jan's childhood idol, Willie Mays. Mark arrived early and saw Willie "justhanging out at the bar alone." Mark seized the opportunity like a fat man seizes a donut and went up and startedchatting with Mays. At the end of their chat, Mark got Mays to sign a baseball for Jan. Jan still has that ball andMark's thank you note that accompanied it. Jan will tell you that he will forever cherish that ball and note.
I have been the recipient of Mark's generosity on many occasions, but will tell you about just one. Mark, in additionto being generous, worries like no other. (If worrying were an Olympic event, Mark would easily medal and probably grabthe gold.) I will say this: I know he worries because he cares.
I had undergone surgery at Swedish and who was the first non-family member there? (Shoot, he may have beenthe first person there period; I'm just trying to make my family not feel so guilty.) That's right. Mark was at mybedside while I was still under anesthesia. When I woke up, Mark was gone. But left right beside me was a stuffed animal: an "ugly" doll - "Ox." (I will confess that when "Ox" was the first thing I saw when I opened my eyes, I thought, "Shoot, I don't think this is heaven!") And while I'm sure it won't fetch as much as a Willie Mays autographed baseball, I have kept Ox on my bedroom dresser since that day. And I, like Jan, will cherish that gift until, well, you know when.
The final story of Mark Johnson being driven by his heart involves, as with many of the recipients of Mark's compassion, a person whom Mark never knew and, unfortunately, never got the chance to know.
Years ago Mark, while reading the newspaper, learned about a young boy.
I don't recall how old he was, but I got the impression that he was likely around 7 or 8. He had been beaten into a coma by his mom's boyfriend.
Most of us, reading that story, may feel bad and then move on to the next section of the newspaper. Maybe for amoment or two some would reflect on the cruelty that can be imposed upon the innocent, before going on to the nextactivity. Mark is different. His heart does lead him. And it did again.
He had read that the boy ended up in Harborview. Mark went to the store before going to the hospital. He was able to track down the ward in which the boy was being treated and was on his way there when he was stopped cold by a nurse; a nurse who was not in a friendly mood, one who was likely pissed at a world where a little innocent boy could be beaten so savagely and left to die.
She told Mark, in a manner as cold as the Arctic, that he couldn't see the boy. Mark said he simply wanted to let the boy know that there was someone in this world who cared about him. He had something for that little boy. Heopened the box he was carrying and showed the nurse what was in it: a baseball mitt and ball. He gave them to thenurse and left. Mark told me what he would have done if he ever met the guy who beat this little boy. Forgiveness isnot one of Mark's qualities.
I will say this publicly and unabashedly: I love Mark Johnson. He has made me a better person. Taught me, not by words, but by deeds, how to be more compassionate, more giving, more thoughtful. And I know I'm not the only onewho has become a better person because of him.
He has made the lives of people who otherwise wouldn't have access to justice better. He will never know them.They will never know him. But I know if they did, they would look him in the eye and say, "Thank you."
And I can only pray that, even if it was just for one brief moment, a little boy was able to see a baseball mitt and ball, and know that someone on this Earth cared about him.
Sal Mungia, a past president of the Washington State Bar Association, has stood by Mark Johnson's side on many adais and asked lawyers and others to look into their hearts and dig deep for social justice.
