Research Sub-Committee

Washington State Minority and Justice Commission Research Committee

Monday, February 8, 2010 Teleconference

Minutes

Attendees: Judge Kenneth H. Kato, Chairperson; Judge Vance W. Peterson; Mr. Uriel Iniguez; and Monto Shan Morton as staff.

I. Meeting Schedule – teleconferences are tentatively scheduled for the second Monday of every other month at 12:00 p.m.

 Monday, March 8, 2010 at 12:00 p.m.  Monday, May 10, 2010 at 12:00 p.m.  Monday, September 13, 2010 at 12:00 p.m.  Monday, November 8, 2010 at 12:00 p.m.

II. Project Status Report

A. Disproportionality of Legal Financial Obligation (LFO) assessments for Hispanics/Latinos – Mr. Morton reported that the Evaluation and Implementation Committee recommended based on the findings of the Commission’s report, “The Assessment and Consequences of Legal Financial Obligations in Washington State, August 2008,” that this topic be pursued as a research study. The Committee members directed Mr. Morton to gather information regarding this topic from the Administrative Office of the Courts and the researchers, Dr. Katherine Beckett and Dr. Alexis Harris. Mr. Morton also stated that during the June 2009 Commission meeting Justice Charles W. Johnson stated that he sent a letter and copy of the report to the chairs of the Superior Court Judges’ Association and District and Municipal Judges’ Association for comments; however, responses were not received from either. The only comments that were made regarding this report were from the County Clerks’ Association which stated changes in how financial obligations were collected. The Committee recommends that the content of the new report include cost analysis of financial obligation collection, alternatives to criminalization of DWLS III, and encompass all court levels. The original research study focused on the superior court level. B. Cost analysis of LFO collection – see item “A” above. C. Alternatives to criminalization of DWLS III – see item “A” above. D. Intern/Extern for Demographic Data and Information – The Committee recommends obtaining intern(s) from colleges and universities to carry out research, collecting data, and other useful information for the Commission such as demographic information of the judges and court staff and gathering information on literature for the Annotative Bibliography project. Discussion of the collection of demographic information of court line staff led to the recommendation to work with the Administrative Office of the Court’s Judicial Education Division to survey court staff during their mandatory training sessions.

-1- Washington State Minority and Justice Commission Research Committee

For more information concerning training requirements for courts staff, it was recommended to contact Ms. Virginia Rockwood, court administrator, Spokane District Court (509) 477-4463. E. Access to Justice Board’s Justice Without Barriers Committee – Mr. Morton reported that Professor Ada Shen-Jaffe recommended connecting with the Committee to coordinate and plan future research projects. The Committee is co- chaired by Commission member Judge Gregory D. Sypolt. The Research Committee will rely on Judge Sypolt to supply information regarding collaborative projects. Mr. Morton reported that he will add the Committee to the Commission’s contact list for requesting information for the Outreach Committee’s Equal Justice newsletter and networking. Judge Kato stated that he is a member of the WSBA’s Committee for Diversity and will supply relevant information.

III. Strategic Planning (5-year plan)

A. Annual Report or Report Card on the Judiciary – The Committee recommends developing a report of the judicial system that includes demographic information and turnover rates of judicial officers (40 percent last year), and the same information regarding court interpreters, evaluation reports of Commission educational sessions, etc. Committee members were asked to send additional reportable topics to Mr. Morton. B. Research Projects – The Committee recommends conducting a study of the five topics below: 1. Disproportionality of legal financial obligations for Hispanics and Latinos. 2. Disparity of results between public and private defenders. The Committee acknowledged that both parties may be offended by this possible research but felt the study could create a positive forum for public and private defenders to voice their concerns. 3. Is there selective prosecution of minorities? Is there disproportionality in the way in which prosecutors are prosecuting minorities or the deals being made? 4. Exceptional sentencing of juveniles is a topic that a graduate student had conducted for the Commission (Whitman County), but should be conducted again since it was conducted in the late 90’s; it was the first or second study conducted by the Commission. 5. Effectiveness of the BECCA bill in truancy cases for minority students. Mr. Iniguez reported that a bill was heard last week that would allow schools more options for truancy cases other than what the BECCA bill states.

IV. Other Business