Full Cour Press A bi-monthly publication of the Administrative Office of the Courts June 2013 Celebrating Law Day Inside Reaching out to community Improving public defense: Continuing the journey ... Page 2 doesn’t have to cost a lot oing to court can be Reenacting history ... 3 Gintimidating, even frightening, for the average person Justice Vernon R. Pearson —something easy to forget for welcomed tribal courts ... 6 those who work in courts every day. CLJ records in JIS, bringing That fact prompted SeaTac back the old ... 8 Municipal Court Judge Elizabeth Bejarano and Court Administrator SeaTac Municipal Court Judge Elizabeth Bejarano (far Temple of Justice, when Paulette Revoir to establish a new AGs roamed the halls ... right) joins local high school students for a mock trial event 10 Law Day celebration for their during the court’s Law Day celebration in early May. community, one they intend to keep News briefs ... 11 growing year after year. communities throughout the U.S. in late “It’s a great way to reach out to the April or during the month of May; the People in the news ... 12 community, to demystify the courts,” official Law Day is May 1, though many Bejarano said. “My goal in all this is just to communities celebrate Law Week or Law educate the community and remind people Month. It was established in 1958 by Of Interest of the important role our courts play in President Dwight D. Eisenhower to honor the nation’s commitment to the rule of law, Significant changes proposed the community and to show that the court then was codified into law by Congress the for General Rule (GR) 31.1, is not a scary place.” next year. Access to Administrative Law Day is celebrated by legal (Continued on page 4) Records, have been published for comment through August 26, 2013. Proposed New online self-service log helping changes and clarifications in GR 31.1 involve documents used at judges’ meetings, courts track security incidents chamber records, records on bomb threat against two municipal as a tool for courts to share details of threats court employees’ personal A courts, a suspicious man waiting in and security incidents in easy-to-read formats electronic devices, records of a courthouse parking lot asking about a and printable tables. visiting judges, and more. To judge, several agitated litigants making angry In another step taken this spring, state read the proposed changes statements in courthouse hallways… lawmakers approved enhanced penalties for and/or to comment, visit These incidents recently posed security anyone committing assault in or around a www.courts.wa.gov and concerns in courts and were courtroom. click on “Court Rules,” then recorded into a new online incident log The two moves are aimed at helping “Proposed rules published for comment,” then the “May hosted by the Administrative Office of the courts deal with security issues in the wake Courts (AOC). The log launched in March 2013” link. (Continued on page 5) www.courts.wa.gov http://inside.courts.wa.gov Full Court Press June 2013 As ‘Gideon’ turns 50, Washington courts take new steps toward effective representation for all

elebrating the 50th anniversary Sept. 1, 2012. Guidelines on jurisdictions planned to adopt Cof the U.S. Supreme Court’s limiting caseloads of public case-weighting standards for “Gideon v. Wainwright” decision defense attorneys were to calculating caseloads. That report this year encompasses more than take effect in September 2013. can be found at www.opd. honoring the past—the celebration The standards were authored wa.gov/TrialDefense/0094-2013_ also provides an opportunity to by the Washington State Bar Standards-Report.pdf. look closely at the state of public Association’s Council on Public ƒƒ Based on that report, the defense services in Washington and Defense to address concerns Supreme Court adopted a new how they can be strengthened. about the quality of indigent effective date for caseload Efforts have been building for defense services. The Court order standards —Jan. 1, 2015 — years (see Times guest and text of the new standards to give court leaders time editorial below by Chief Justice can be found at www.courts. to complete case-weighting ) toward recent wa.gov/content/publicUpload/ studies, and ordered the OPD to actions to help improve public Press%20Releases/25700-A-1004. conduct a statewide attorney defense services across the state. pdf time study and to develop a These include: ƒƒ In March 2013, the Washington model misdemeanor case- ƒƒOn June 15, 2012 the State Office of Public Defense weighting policy. The order can (OPD) submitted a report to be found at www.opd.wa.gov/ adopted new standards for the Supreme Court reviewing TrialDefense/Standards/0096- indigent defense services, most implementation of the new 2013_SupremeCourtOrder.pdf. of which became effective standards and explaining many

(Continued next page) http://inside.courts.wa.gov Page 2 Full Court Press June 2013

‘Gideon v. Wainwright’ reenactment: Honoring the past to help guide the future

Current and retired justices of the Washington Supreme Court and members of the state legal community reenacted the historic 1963 U.S. Supreme Court ‘Gideon v. Wainwright’ oral arguments at UW School of Law on April 30, 2013. Here, attorney Jeffery Robinson portrays ‘Gideon’ attorney Abe Fortas in addressing the 1963 U.S. Supreme Court, portrayed by (left to right) retired Justice Gerry Alexander, current Justices Debra Stephens, Mary Fairhurst, Charles Johnson, Barbara Madsen, Sheryl Gordon McCloud, , Charlie Wiggins and retired Justice Tom Chambers.

Audience members learned the history of the ‘Gideon’ case, watched the reenactment, learned about Washington’s current public defense services from experts such as Washington Defender Association Founding President Bob Boruchowitz (right), and visited with justices.

The “Father of Law Related Education,” Isidore Starr, (right) was an honored guest.

http://inside.courts.wa.gov Page 3 Full Court Press June 2013 Celebrating Law Day, continued from Page 1

Since then, every U.S. President has issued a Law Day proclamation on May 1, and starting in 1969, the American Bar Association developed an annual theme for that year’s celebration. The ABA has also created a comprehensive Web site with resources and planning guides for any court, bar association or other justice partner wanting to celebrate. SeaTac Municipal Court hosted its first Law Day celebration in 2012 Judge Elizabeth Bejarano (center) with SeaTac city officials and the winner of the after learning how many resources city’s Law Day art contest, Marina, a sixth were available on the ABA Web grade student whose art piece (right) was page. “It’s a great place to get ideas. titled “Gender Rights.” They have every resource you could want,” said Revoir. “So we just kind symposium, which offered 2.75 celebration, which cost less than of jumped in feet first and started CLE credits (this also cost a $1,000. “It doesn’t take a whole lot,” throwing ideas out.” small amount); said Revoir, who also distributes • The court focused on working Speakers from the U.S. a quarterly community newsletter with local students for its first Attorney’s office, the SeaTac written by Bejarano, which they used celebration in 2012, hosting mock Police Department, a local to help publicize the event. trials and conducting K-9, DUI and refugee alliance and more; Bejarano said the court will • drug recognition presentations. A presentation at a local senior continue to celebrate Law Day, th Because 2013 marks the 150 center; providing community members • anniversary of the Emancipation An elementary school art an opportunity to come into court Proclamation signed by Abraham contest focused on the theme of to see how courts serve their Lincoln, the 2013 Law Day theme equality. community and to make courts more was “Realizing the Dream: Equality The court received a small approachable for those that need for All.” The theme provided many budget from the city to fund the court services. opportunities to show that the role courts play in guarding human rights Plan a Law Day celebration “is still really relevant today,” Bejarano said. The American Bar Association provides comprehensive assistance Using the ABA’s planning tips for any court, law school or justice group interested in hosting a Law and resources, SeaTac Municipal Day celebration. The ABA Web site includes a Planning Guide, a dialog Court’s celebration included: guide to help judges or attorneys start conversations about Law Day • A presentation to and themes, templates of press releases and other media materials, a proclamation from the SeaTac list of events around the U.S., artwork that can be used in flyers and City Council; posters, historic information and more. Visit www.lawday.org to learn • Screenings of civil rights more. documentaries that are available In addition, Judge Bejarano and SeaTac Municipal Court from PBS; Administrator Paulette Revoir would be happy to talk with anyone about their experiences planning Law Day events the past two years. • local high Mock trials with They can be reached at [email protected], or at prevoir@ school students; ci.seatac.wa.us. • A human trafficking http://inside.courts.wa.gov Page 4 Full Court Press June 2013

Tracking court security incidents online, continued from Page 1 of budget cuts that have affected AOC Web Integrator Brian court officials. Those penalties now court security resources both at the Stoll assured Marler it was possible pertain to assaults involving anyone state and county level. The steps also as long as court officials could visiting Washington courts. follow a serious courthouse assault in identify which data needed to be Courts will be required to post Grays Harbor County Superior Court gathered. Tukwila Municipal Court signs warning courthouse visitors of last year, a wave of bomb threats on Administrator LaTricia Kinlow (then the enhanced penalties; the signs are courthouses in Washington and around President of the District and Municipal being developed by AOC. The bill was the country, and other court security Court Management Association) suggested by Attorney General Bob incidents. and Marysville Municipal Court Ferguson and widely supported by law The self-reported Court Security Administrator Suzanne Elsner worked enforcement officers, prosecutors and Incident Log was developed after with AOC staff members to define victims’ advocates. The new penalties members of the Board for Judicial the details needed—type of security will become effective on July 28, 2013. Administration (BJA) in August 2012 incident, location, any weapons used, began discussing the need to pay type of victim, and so on—and greater attention to court security Stoll designed a program that nearly issues. Several members expressed a operates itself. desire for more data on security issues Details of security incidents are happening in the courts. input into information fields and two types of reports are automatically 2013-5-28 Date of submission: generated—a detailed log with Court: MAD Location: Courthouse property narratives of each incident, and an Incident type: Bomb threat Excel spreadsheet that informs users Narrative: County Operator of the common types, times, locations Britta, received a phone call and other details of security issues. Attorney General Bob Ferguson and BJA at approximately 10:12 at the “I think we’ve now produced Associate Director Mellani McAleenan talk with Gov. after the switchboard. He said “I am just something that is light years better letting you know that there is governor signed SB 5484 into law. going to be an explosion at the than the log we used to create courthouse, between now and three manually,” Marler said. “It was a great To read the history and language p.m.” and hung up.. collaborative effort between our staff of the bill, go to http://apps.leg. and our court customers to address an wa.gov/billinfo and type “5484” into Excerpt from a security incident recently expressed need.” the “Search by Bill Number” box near entered into the log. The log can be the top of the page. found at http://inside.courts.wa.gov by clicking “Court Resources” in the upper Stronger penalties for assaults “All citizens should feel safe left corner, then clicking on “Security.” in and around courtrooms and have equal protections when Another court security measure they access our courts—victims and However, severe budget cuts was adopted this spring by state defendants, witnesses and jurors alike,” to AOC in the past several years had lawmakers hoping to increase safety in said Washington Attorney General Bob eliminated funding to staff the BJA’s state courthouses. Ferguson. Court Security Committee and its Senate Bill 5484 increases the “I’d like to thank the reporting of security incidents in state penalty for misdemeanor assault in Administrative Office of the Courts courts. The committee was temporarily or around a courtroom to a felony, for their support as well as all the suspended in March, 2011. and makes committing a felony in or legislators who voted to add new “I wondered whether it would be around a courtroom an aggravating protections for the thousands of possible to use a little automation on factor for a judge to consider during jurors, crime victims, defendants the front end so we could gather data sentencing—both regardless of victim. and family members who access and produce a security log without Previous laws often enhanced Washington courts,” he said. “People labor-intensive staffing,” said AOC’s penalties only for assaults committed should feel safe when they access the Judicial Services Director Dirk Marler. against law enforcement officers or courts no matter who they are.” http://inside.courts.wa.gov Page 5 Full Court Press June 2013 Justice Vernon R. Pearson: A short tenure with a tall impact f the lasting impacts Washington Supreme Court college after the war and was accepted to the University OJustice Vernon R. Pearson had on the Court and the of Michigan School of Law. state’s judicial system, his most significant might have He and his family came to Washington when come after he left the bench. the Law School dean was It was after he retired from the looking for someone to design and teach Court in October, 1989 that Pearson a law school class on legal writing and submitted a court rule—Civil Rule 82.5 research. Pearson’s professor—whom —which provided full faith and credit he had helped write a book about legal to tribal court orders and judgments. remedies—recommended him for the The Supreme Court adopted the rule job. with minor modifications in 1995. After a short time teaching Relations with tribal courts at UW, Pearson joined his brother’s had long been an interest of Pearson, Tacoma law firm (Pearson Davies) who served on state and national Colville Tribal Justice Anita Dupris for 17 years before Gov. Dan Evans committees addressing the issue, shares memories of working with appointed him to the newly established as well as working directly with Justice Vernon Pearson during his Court of Appeals (Division II) in 1969. Washington tribal leaders. memorial service in May. He was appointed to the state Supreme “He was a wonderful man. We Court in 1982 when Justice Floyd Hicks, would always look forward to his visits,” said Colville suffering from ailing eyesight, chose to step down. Tribal Court of Appeals Chief Justice Anita Dupris, Though a Republican, Pearson often voted with who spoke at Pearson’s memorial service at the Temple the more liberal-leaning justices and often provided of Justice in Olympia on May 2. Pearson died Feb. 4, a critical swing vote, which made him a leader on the 2013 at age 89 of complications from surgery and heart Court. He was supportive of privacy rights, concerned disease. about the costs of litigation and the status of the state’s Pearson’s son, Steve, said he believes his tribal courts. father’s concern for tribes Pearson served as developed during Justice Chief Justice of the court Pearson’s youth in North from January 1987 to Dakota, where he was born January 1989 and during in 1923 to a Methodist that time, instituted a minister father in a family travelling Court program that travelled extensively (prompted by earthquake throughout the state’s rural restoration of the Temple areas. of Justice) that continues Justice Pearson on today and is still developed an interest in popular with communities the law after serving as an visited by the Court each officer in the Navy during year. He also oversaw a World War II, when he was rise in judicial salaries assigned to be a prosecuting and pension plan, and “counsel” for disciplinary formed the Commission hearings. He completed on Washington Courts to (Continued on next page) http://inside.courts.wa.gov Page 6 Full Court Press June 2013

Continued from previous page

to serve on an American Bar awards during and after his Association task force on reducing tenure on the bench. Immediately the cost and delay of civil litigation, following his death, the Quinault and the Council of Chief Justices’ Indian Nation released a statement committee on jurisdictional disputes honoring their friend and mourning between state courts and tribal his loss “with deep sadness and courts. He was instrumental in great respect.” organizing a landmark national Pearson is survived by his four conference between state court children, Katherine, Robert, Stephen and David (who works for the Court determine “how to maintain and of Appeals Division I). attract a quality judiciary.” “He was just one of those In the summer of 1989, people who got people together Pearson found himself exhausted and got things done,” said attorney and he announced his resignation Bertil Johnson, who was recruited from the Court at age 66. by Pearson to work at the Tacoma He continued, however, law firm. In all of his work, said retired Justice Gerry Alexander, Pearson “was just a class act.”

judges and justices and tribal court judges and officials to discuss tribal court sovereignty. He was chair of the Washington State Forum to Seek Solutions to Jurisdictional Conflicts Colville Tribal Justice Anita Dupris Between Tribal and State Courts in with Justice Vernon Pearson’s son, 1990 when he proposed Civil Rule Steve, at a memorial service in May. 82.5. Pearson received numerous

Justice Vernon R. Pearson (back row, far right) with fellow members of the Supreme Court in 1983, shortly after he was appointed to the Court. The justices include (back row, L to R), Carolyn R. Dimmick, the first woman on Washington’s Supreme Court; James M. Dolliver; Fred H. Dore; Pearson; (front row, L to R) Robert F. Utter, Hugh J. Rosellini; Chief Justice William H. Williams; Charles F. Stafford and Robert F. Brachtenbach.

http://inside.courts.wa.gov Page 7 Full Court Press June 2013 JIS Case Records for CLJ courts: In with the old (for now)

verything old is new again available within the JIS. It’s not by members of the Judicial E– it may be an old song, but burdensome anymore,” said Kate Information System Committee it’s particularly true in the electronic Kruller, a project manager with the (JISC) and its Data Dissemination age. Administrative Office of the Courts Committee. Millions of archived, electronic (AOC) who is leading the team Revisions address technology Judicial Information System (JIS) addressing CLJ electronic records in changes in recent years such as case records for courts of limited JIS. electronic tickets and widespread jurisdiction have been restored to “The good news for judges and public access to electronic court active status as part of a project court staff is, when you select a case data. They also address input by to implement new retention and it is right at your fingertips,” she individual attorneys and attorney destruction rules for these cases. groups, court officials and What this means is, now that members of the public regarding millions of archived cases have situations where the importance been restored, some of them will be of maintaining some records going away again permanently. diminishes over time and can Until now, approximately 7.6 become a disservice. million older case files have been Previously, JIS electronic housed in electronic archives on records retention rules for CLJ tapes. In prior years, maintaining courts were based primarily on many millions of electronic files in overall case types and cause codes. the same database would strain the Future rules will continue to be system, slowing down the response said. based on case types and cause codes when users would try to call up a The project also means courts for civil, small claim and parking case file. downloading data from JIS may cases, but retention of other case Electronically archiving the see an increase in their request files will be based on violation case older files helped speed response. volumes. AOC staff members types and finding/judgment codes However, technology has worked outside normal working for other case types. advanced enough that it no longer hours—early mornings, late nights Some draft rules include: slows down the system to store and weekends—to physically upload • Deleting criminal cases with all the files combined on one more than 1,000 tapes containing non-conviction findings or database and to bring them up when approximately 7 million cases dating judgments 10 years after a case requested. back to the early 1990s to the is closed. What this means for judges active database. The staff members • Adding electronically filed and court officials now is there will worked off-hours to reduce the eTickets and vehicle related be no need to take the extra step to impact of the project on the courts’ violation/parking violations to request older files from the system use of the JIS system. the destruction process. archive when looking at a person’s • Deleting probable cause/ history — the information will all be Retain or destroy? transferred cases three years there in the active database. Also as part of the project, after a case is closed. “You will be able to select business rules about retention • Updating the Destruction a case number and all of the and destruction of CLJ electronic (Continued on next page) information is immediately records in JIS are being updated http://inside.courts.wa.gov Page 8 Full Court Press June 2013

of Records Report (DORR) requirement for the courts to No deletion of JIS criminal to identify cases which have destroy any records in concert with cases will happen at this time. been deleted from JIS or which what is applied to electronic records By May, 2014, final rules are meet the criteria for paper in JIS,” Kruller said. scheduled to be implemented and destruction. By November, current and the deletion of some electronic • Retention periods begin after a preliminary case retention rules criminal case files will begin. case is closed, and the retention concerning Electronic Ticket is based on the longest period Processing (ETP), Parking and For more information on this project, for any charge in a case. Vehicle Related Violations (VRV) contact Kate Kruller at Kate.Kruller@ The project does not affect the will apply to the active database of courts.wa.gov, or at (360) 704-5503. physical files maintained by local cases and some quality assurance CLJ courts. “There’s no reviews will be conducted. Mock Trial goes appellate

High school students donned robes and took to the state Supreme Court bench in April when the YMCA Youth and Government program launched an appellate court addition to its annual Youth Legislature event. Hosted by Justice Debra Stephens, more than a dozen students assumed the roles of justices and appellate attorneys and argued a real Supreme Court case from the past while friends and family members watched. The new program will become part of the annual Youth Legislature event where high school students gain hands-on experience with executive, legislative and now judicial roles.

http://inside.courts.wa.gov Page 9 Full Court Press June 2013 Temple of Justice at 100: Welcome back, attorneys general & staff

As part of the year-long centennial celebration for Washington’s Temple of Justice, former and current attorneys general and their staff members were invited to a reception the evening of May 15 to commemorate the days—until the late 1980s Slade Gorton, served as AG — that the Attorney General’s Office was from 1969-1981 located in the Temple. Ken Eikenberry was the last AG to have offices at the Temple. The five living former and current AGs (left) told stories and visited with staff members, many Slade Gorton (center) talks with retired Secretary of State of whom had not seen each other in 15 years. Ralph Munro (right). Below, Rob The event was by invitation, with ticket sales McKenna visits with attendees. covering the cost of the celebration.

Ken Eikenberry, 1981-1993

Chris Gregoire, 1993-2004 Former and current AG staff members enjoy the reception.

Rob McKenna, 2004-2013

Supreme Court Justices Mary Fairhurst and James Johnson served in the AG’s office before joining the Court. Fairhurst served A LOT OF HISTORY: Former Attorneys General as the evening’s emcee. (left to right) Slade Gorton, Ken Eikenberry, Chris Gregoire, Rob McKenna and current AG Bob Bob Ferguson, present AG Ferguson. http://inside.courts.wa.gov Page 10 Full Court Press June 2013

ake Forest Park Municipal Court has Lbeen recognized with the Association of Washington Cities (AWC) 2013 Municipal Excellence Award. The award applauds News achievements and encourages other cities to consider similar innovations. Lake Forest Park Briefs Municipal Court received the honor for its Traffic Electronic Court Hearing (TEC Hearing) program which allows a completely electronic Lake Forest Park Municipal Court Judge Linda Portnoy adjudicates venue for judges to adjudicate traffic infractions. More information can be found in AWC’s through the court’s TEC Hearing Cityvision magazine. traffic infractions submitted

program in her chambers. Two new resources have been created for courts by the Administrative Office ASSAULT IN THE of the Courts (AOC) following legislative action this session. One is a pamphlet, COURTHOUSE IS A FELONY “Harmful Effects of Parental Abduction in Child Custody Cases,” and the second WARNING: A person is guilty of assault is signage announcing more serious sentencing standards for courthouse in the third degree if he or she assaults a person located in a courtroom, jury room, judge’s chamber, or any waiting assaults (see article on page 5). The publications can be downloaded and/ area or adjacent corridor that is being used for judicial purposes during court or printed by going to www.courts.wa.gov, clicking on “Resources, Reports proceedings. RCW 9A.36.031. and Publications,” and clicking on the titles of the documents. The signage is available now; the abduction pamphlet will be available in early July.

Pierce County District Court in March launched an online self-scheduling application for infraction hearings. The new program allows persons with infractions to schedule hearings or submit a “Hearing by Mail” statement without needing to call, send letters or go to the court. The online program is expected to substantially reduce phone calls and traffic at the court’s public counter. Of the approximately 58,000 traffic citations filed in Pierce County District Court in 2012, about 16,000 resulted in court hearings and 6,000 resulted in hearings by mail. In addition, court staff fielded more than 81,000 calls from members of the public and attorneys. In January, the district court also launched a “live chat” option for court customers needing to contact the court. In the first three months of its use, more than 1,200 customers chose the chat option for contacting the court.

“The Summary of Selected 2013 Legislation of Interest to the Courts” is now available online at www.courts.wa.gov/newsinfo/content/pdf/2013%20 Legislative%20Summary.pdf. During the 2013 session, the Legislature and Governor enacted 70 bills that affect the courts and are of general interest to the legal community. AOC expects to spend more than 1200 hours implementing the 2013 legislation, which involves updating/creating pattern forms, law table work and making JIS additions/changes. The summary includes brief descriptions of each measure, arranged by court level, with links to the full bills. Unless otherwise noted, the effective date of bills is July 28, 2013. The summary also includes a list of AOC staff members who track the specific bills, and can be contacted for more information. http://inside.courts.wa.gov Page 11 Full Court Press June 2013

he Municipal League Foundation named King County TSuperior Court Judge Mary Yu its “Public Official of the Year” at its annual Civic Awards ceremony in April in Seattle. People The award recogizes an official who, in addition to outstanding routine service, has brought one or more outstanding in the innovations to her or his office. Judge Yu was specifically recognized for outstanding leadership, commitment to News equality and volunteerism. The Municipal League Foundation is a nonprofit, nonpartisan organization that works to ensure government that is open, effective and accountable.

The Legal Foundation of Washington has presented its 2013 Charles A. Goldmark Distinguished Service Award to retired Court of Appeals Division I Judge Anne Ellington. Judge Ellington was recognized for a 40-year law career, including becoming the first woman to serve as the presiding judge of the King County Superior Court, and working for better access to the courts for persons with disabilities. The Goldmark Award honors individuals who have had a positive impact on the vulnerable people of the state, with a particular focus on access to justice.

Des Moines Muncipal Court Judge Veronica Galvan was elected president-elect of the District and Muncipal Court Judges’ Association (DMCJA) at its annual business meeting in June. She will step into the role of president when current president Skagit County District Court Judge David Svaren completes his term next year. Judge Galvan has served on the DMCJA Board of Governors since 2008, and with her election, becomes the fifth municipal court judge to lead the DMCJA since its inception. The DMCJA membership includes all 215 district and municipal court judges in the state; the association’s mission is to study and survey the operations of CLJ courts throughout Washington in order to report on their status and recommend new court rules and other changes to support the functions of the courts.

Seattle Municipal Court Magistrate Adam Eisenberg has helped create an online game with the National Law Enforcement Museum designed to teach middle school students how evidence goes from crime scenes to courtrooms. Eisenberg, who is the author of “A Different Shade of Blue: How Women Changed the Face of Police Work” with true crime author Ann Rule, wrote the story, characters and dialog for the game. Called “Take the Case,” it can be found at http://www.nleomf.org/museum/education/programs-activities/take-the-case/

http://inside.courts.wa.gov Page 12