Gender and Justice Commission

September 12, 2003 12:30 - 4:15 p.m. Two Union Square, Suite 1606 Seattle

Minutes

PRESENT

Commission Members: Justice Barbara A. Madsen, Judge Marlin Appelwick, Professor Margaret Chon, Eileen M. Concannon, Helen Donigan, Justice Mary E. Fairhurst, Judie Fortier, Lourdes Fuentes, Jennefer Henson, Sandy Matheson, Mary Pontarolo, Judge James M. Riehl, Judge Ruth Reukauf, Judge Ann Schindler, Daniel Thieme

Guests: Justice Bobbe Bridge, Susan Carroll, Merrie Gough, AOC, Pam Loginsky, WAPA, Marilyn Berger and Natasha Martin, Seattle University School of Law, Donald Horowitz and Jean Holcomb, Access To Justice (ATJ) Technology Bill of Rights Committee, Patricia Lally, Assistant US Attorney General, Judge Marilyn Paja, DMCJA Diversity Committee

Staff: Gloria Hemmen, Administrative Office of the Courts (AOC)

CALL TO ORDER

Justice Madsen called the meeting to order at 1:00 p.m.

COMMISSION BUSINESS

Approval of Minutes

It was moved and seconded to approve the minutes of the May 9 , 2003 meeting with one correction. Motion carried.

Budget Report

The Commission accepted the proposed budget for 2003-2005 and reviewed the Violence Against Women Act (VAWA) grant allocations.

Meeting Schedule

The schedule for 2003-2004 meetings was approved with the qualification that some meetings might be switched from morning to afternoon.

Annual Report

Additional copies of the 2001-2002 annual report are available by contacting Gloria Hemmen at (360) 705-5290 or [email protected].

CURRENT PROGRAMS AND PROJECTS

National Gender Fairness Meeting and NAWJ Conference, Washington, D.C. Justice Madsen and Gloria Hemmen will be attending the national meeting and conference, October 7-12. Justice Madsen noted all five of the women justices will be sworn in at the U.S. Supreme Court.

Nonstranger Rape Program at 46th Annual Judicial Conference, Tacoma, September 23

The Commission is sponsoring Judges' Tools: Nonstranger Rape and the Neurobiology of Trauma, a 3-hour education session at the 46th Annual Judicial Conference on September 23, 2003 from 8:30 a.m. -12:00 noon. Justice Madsen and Judge Orlando will co-facilitate the program. Dr. David Lisak and Lucy Berliner, Harborview Center for Sexual Assault and Traumatic Research, are confirmed faculty.

Copies of the participant' s manual will be provided to the Commission following the program. The manual includes an excellent section on sexual assault case law written by Susan Carroll, Justice Fairhurst' s extern. We will provide copies of the self-directed video curriculum to all the county law libraries after the program.

Violence Against Women Act (VAWA) Grants

FY02 STOP Grant to the Courts, $125,067 for 2003

Written reports from the six new STOP grants to the courts projects were reviewed.

Justice Bridge thanked the Commission for funding the Statewide Domestic Violence/ Child Protective Services Summit on May 31, 2003. The grant launched an unprecedented effort in the state to resolve the disconnect between child protective service workers, domestic violence advocates, and law enforcement. The project aims to develop a protocol to be used by all of the groups to protect children and their mothers. Workgroups are convening this fall and will come together in March to finalize a statewide protocol.

Judge Reukauf noted many models for coordinated/collaborative domestic violence systems were reviewed in Yakima. The Trial Court Coordinating Council and the tribes are working together on the project.

DV Scholarship Grants for Judicial Education

Six judicial officers attended the Advanced Judicial Education: Expanding Knowledge and Practice in Domestic Violence Cases, workshop, June 29-July 2 in San Francisco. Because the organizers limited the number of attendees from Washington State, we have reserved five scholarships for another advanced program, if one is offered before September 2004. We are making the grant funds available for the three Enhancing Judicial Skills in Domestic Violence Cases workshops that have been scheduled in 2003-2004. Scholarships were offered to judges who are involved in our STOP Grant to the Courts projects and to Pierce County Superior Court.

Because the next program is scheduled for Portland, Gloria Hemmen suggested the Commission might use some of the STOP grant funds to offer additional scholarships.

It was moved and seconded to allocate up to $7,500 for a total of five domestic violence education scholarships. Motion carried.

State and Tribal Court Training Grant

Two additional 1-day training sessions on Domestic Violence and Children are being conducted. The first will be in Whatcom County in October and the second will be in Walla Walla in March. Margaret Fisher will be contacting the Commission for volunteers to read the municipal court resource being developed by the program faculty.

Kitsap County Grant

Judge Riehl reported Kitsap County was awarded a $125,000 VAWA grant to implement a domestic violence protection order coordination project. The problem is district and municipal courts have no authority over civil matters and children. The model is to have a superior court commissioner within two weeks of learning there is a conflicting matter, be able to issue a " unified restraining order." The project will be operational in 30-45 days, and within two- three months, there ought not to be any conflicting orders.

The goal is to create a model that can be implemented in other counties. Kitsap County District Court will implement the project under the auspices of the Trial Court Coordinating Council. Judge Riehl indicated that he, most likely, would be the judicial officer assigned to the project.

Model Domestic/Family Violence Policy

Dan Thieme is chairing the subcommittee working on a revised model family violence policy. It was agreed to focus the policy on domestic rather than family violence and use the definitions in RCWs 10.99 and 26.50. Issues that still need to be addressed are recommendations for time off from work for victims and perpetrators, for example, who are participating in a state approved domestic violence treatment program. If the policy is adopted by the Supreme Court and the Administrative Office of the Courts, it could be sent to all the courts. It was noted GR 291 , the Presiding Judge Rule, would apply.

A key issue is providing training to employees along with anti-harassment training. It was suggested we contact Dayle Crane, Kitsap County probation, and send a request on the court listservs for any employee training that deals with domestic violence in the workplace. It was suggested the Gender and Justice Commission might look at developing a CD-ROM or DVD resource or regional training model.

Judie Fortier, Jennefer Henson, Mary Pontarolo, Judge Reukauf and Judge Schindler will work with Dan and provide a status report at the November 14 meeting.

New DV Legislation, Survey, Crystal Brame Committee, Tacoma

Justice Madsen reported she has offered the Commission' s assistance to implement changes resulting from the Committee' s work.

The Committee is working on a model policy for law enforcement and legislation to mandate a policy re screening for domestic violence perpetrators in law enforcement. The goal is to have a policy for Tacoma this fall and legislation this session. There has been discussion regarding establishment of a state ombudsman office to take complaints about police perpetrator violence but legislators have stated there is no money for a new office.

Judie Fortier commented law enforcement has been meeting statewide. One problematic issue is cities cannot change union contracts regarding discipline of officers.

Pam Loginsky distributed a memo on Domestic Violence Forms and Federal Firearms Laws and Service of Family Law Orders. Both problems could be addressed by changes to the pattern forms, changes in court rules, and/or education. She noted some forms have been amended but not all meet the federal requirements regarding firearms. Federal law requires specific language. She requested we encourage the Pattern Forms Committee to make changes so the Brady disqualifier is clear and to clarify the service issue. There is a need for judicial education regarding firearms involving prosecutors, family law attorneys, DV advocates, and the U.S. attorney' s office. Since prosecutors have to prove the restrained person knew the contents of the order, a clarification regarding service would increase their ability to enforce the orders.

The Commission reviewed a survey drafted by Merrie Gough, AOC Legal Services, which is designed to find out what the courts' practices are when processing domestic violence protection orders entered in family law cases.

Justice Madsen requested a subcommittee work with Merrie Gough to address problems in the domestic violence and family law forms. Proposed members would be Judge Riehl, Pam Loginsky, a representative from the Family Law Section of the Bar, Grace Huang, WSCADV, Susan Roe, U.S. Attorney' s Office, and Patty Shellady from the King County Sheriff' s Department.

Law School Liaisons/Projects Maggie Chon, Marilyn Berger, and Natasha Martin, Seattle University School of Law, requested input from the Commission regarding a focus for the Gender Equality Committee. Suggestions for law school projects included:

 Identify what challenges women are facing in each law school;  Examine the intersectionality issues of women of color;  Research the experience of young women in job interviews and later in the "real" world.

Justice Madsen offered the Commission' s help with funding and speakers.

Follow-up on Glass Ceiling CLE

Helen Donigan reported the Gonzaga Women' s Law Caucus is sponsoring a follow-up to the glass ceiling continuing legal education program held last spring. Justice Fairhurst, Eileen Concannon, and Cara Nord will speak at the Symposium on How To Succeed in the Legal World on October 3. She noted Cara Nord' s memo in the meeting materials. Her research is being published in the Journal of Cardoza Law School. She also noted Gonzaga has changed its broadcast e-mail policy. Faculty was shocked at what was being sent out to all students.

Eileen Concannon reported 75 people attended the Glass Ceiling CLE at Seattle University last May. The national speakers and Resource Manual for Legal employers were well received. The manual will be updated annually and is available at cost, about $30.00. The King County Bar Gender Equality in the Legal Profession Committee is working on a one-hour videotape and a proposal to the WSBA to distribute the Resource Manual on a statewide basis.

She reported attending the American Bar Association Annual Meeting in San Francisco and participating in several conferences related to gender and racial equality issues in the legal profession. She shared the Resource Manual and CLE information and discussed the work of the Task Force and Commission with representatives from national groups. Information collected at the conference will be shared during presentations planned for WSBA, Washington Women Lawyers and at Gonzaga. Eileen requested the Commission consider reimbursing part of her expenses.

It was moved and seconded to approve reimbursing $1,000 of Eileen Concannon' s travel expenses to the ABA Conference. Motion carried.

Eileen announced the Washington State Bar Association awarded the Glass Ceiling Task Force the 2003 Excellence in Diversity Award. She also noted Judge Schindler has been actively involved in this work.

The Color of Justice Program

Interest was expressed in replicating the National Association of Women Judges' (NAWJ) Color of Justice Program. Gloria Hemmen will contact NAWJ for more information about the target student audience.

OTHER PROJECTS/PROGRAMS

Access To Justice (ATJ) Technology Bill of Rights Proposal

Commission members were provided in advance, with a brief background, context, and description of the ATJ initiative and the Technology Bill of Rights, with comments, draft of May 6, 2003. Additional information is available on the web site at www.atjtechbillofrights.org.

Don Horowitz, Chair of the ATJ Technology Bill of Rights Committee, requested Commission support and endorsement for the principles as proposed in the Bill of Rights. He noted the proposal has the endorsement of the Board of Governors of the Washington State Bar Association (WSBA), the Judicial Information System (JIS) Committee, and a presentation has been made to the Board for Judicial Administration. The Committee hopes to present bill of rights to the Supreme Court with a court rule re adopting the principles.

It was noted Maggie Chon, Helen Donigan and Judge Ann Schindler have worked with the ATJ Board. Maggie Chon spoke in favor of the Commission supporting the draft principles as proposed. It was moved and seconded the Gender and Justice Commission endorse the principles of the ATJ Technology Bill of Rights principles. Motion carried.

Don Horowitz also called the Commission' s attention to proposed General Rule (GR) 31, Access to Court Records. He indicated the proposed rule focuses on total access to court records without balancing personal privacy issues. For example, health records will become part of the public record. He requested the Commission ask the Supreme Court Rules Committee to defer action until there is more time for comment.

Without having read the rule, the Commission could not take a position at this time. It was suggested that individual members could submit comments to the Supreme Court.

OTHER PROJECTS FOR 2004

Genome Justice Conference

The National Association of Women Judges (NAWJ) is bringing a 2 ½ days training on Genome Justice to Seattle in July 2004. The training will address disparate impacts that new advances in genetic technology will have on populations that are already vulnerable in our justice system, particularly ethnic minorities and women. A National Institute of Health grant will cover costs for putting on the program but not transportation, lodging and some food costs for attendees.

It was agreed that if the agenda for the program fits the Commission' s mission, we might provide some on-site and other assistance such as scholarships for Washington State judges to attend the program.

DMCJA Education

Judge Marilyn Paja, chair of the District and Municipal Court Judges' Association (DMCJA) Diversity Committee, requested Commission support for a proposal to present Unintended Consequences: Removing Obstacles to Justice for Immigrants in the Courts at the 2004 DMCJA Spring Conference.

Gloria Hemmen noted VAWA STOP Grant funds could be used for this program since it includes a strong domestic violence section.

It was moved and seconded to provide up to $2,500 for the program if it is approved for presentation as a plenary session at the conference. Motion carried.

Judge Paja will present the proposal to the DMCJA Education Committee at their October 3 meeting.

NEXT MEETING AND ADJOURNMENT

The next meeting is scheduled for November 14, 2003. This meeting will begin at 1:00 p.m. to accommodate members who will be attending the Board for Judicial Administration meeting that morning.

The meeting adjourned at 4:17 p.m.

1 General Rule (GR) 29 states the Presiding Judge of the court shall (5) Supervise the daily operation of the court including: (a) All personnel assigned to perform court functions; and (b) All personnel employed under the judicial branch of government, including but not limited to working conditions, hiring, discipline, and termination decisions except wages, or benefits directly related to wages. . .