Gender and Justice Commission

January 11, 2008

Washington State Supreme Court Gender and Justice Commission

January 11, 2008 Meeting Minutes

 

Members in Attendance:   Justice Barbara A. Madsen, Jeri Costa, Judge Sara Derr, Judge Joan DuBuque, Grace Huang, Judge Cynthia Jordan, Mike Killian, Professor Natasha Martin, Judge Craig Matheson, Leslie Owen, Yvonne Pettus, Judge James Riehl, Bernie Ryan, Judge Linda Tompkins and Myra Downing, Commission Coordinator.

 

Guests:  Ross Farr, Tom George, Dexter Mejia and LeAnne Moss

 

Members Absent:  Barbara Carr, Lisa Hays, Justice Smith, Judge Schultheis, Daniel Thieme, and Judge Wickham

 

 

COMMISSION BUSINESS

 

The November 2, 2007 meeting minutes were approved.

 

Gender and Justice Commission Budget Report.

The buy-out of the staff person who retired and the increase in benefit costs left the Commission short about $15,000.  Myra approached Dirk Marler, AOC Judicial Services Director, and requested a reallocation and it was granted.  This means that $15,000 from the Judicial Services Division funds were redirected into the Commission budget.

 

She also offered Commission members three levels of budget detail they would like to receive at their meeting.  Members preferred the overview of the budget status and a “flag” if or when there may be a problem or an appearance of a problem.

 

STOP Grants to the Courts (FFY 05, 06, and 07).

 

FFY 05:  Closed. 

 

FFY 06:  Grant program is supposed to be closed at the end of April.  There is a chance it can be extended but this won’t be known until the end of March.  Each grant recipient is being contacted to review their expected expenditures so the Commission can consider other possibilities for those funds.

 

FFY 07:  there were nine STOP grant applicants, for a total request of $175,940. 

 

ACTION:  Justice Madsen, Judge DuBuque, Grace Huang, Judge Jordan, Leslie Owen, Yvonne Pettus and Bernie Ryan, the Commission subcommittee, will review the applications and return their ratings to Myra.  She will prepare a sheet that is comprised of an average of each of the scores.  They will have a conference call on Monday, January 28 to have a discussion and make their decisions. 

 

PRESENTATION AND DISCUSSION

 

A Closer Look

 

LeAnne Moss, Executive Director for the Women’s Funding Alliance (WFA), was present.  She explained that the WFA is the leading public foundation in the Puget Sound region dedicated to improving the lives of the most socially and economically vulnerable women and girls.  WFA offers funding to organizations addressing poverty, leadership, education, domestic violence, discrimination, and reproductive freedom.

 

Ms Moss presented some of the findings from a study they conducted titled “A Closer Look:  A Landmark Study of Women and Girls in Four Counties in the Puget Sound Region”.  Some of those findings were:

  • Washington State hosts more than 3000 refugees, the sixth largest number of refugees in the United States.
  • Population growth among women of color will continue to outpace growth in the white women population.
  • By 2030, women over the age of 65 will almost double.
  • 180,000 women and girls live in poverty in the region.
  • Women and girls enroll and graduate from college at greater rates than men.
  • Women in the region are in fields that lead to lower-paying jobs.
  • Growth in women elected officials has reached a plateau.

 

She expressed an interest in working with the Gender and Justice Commission in addressing these issues and enhancing the lives of women and girls.

 

Sexual Orientation:  Issues for the Courts

 

Ross Farr, Washington State Bar Association representative, provided a review of the session given at the 2007 Presiding Judges’ Conference.  He explained that he had updated the Sexual Orientation Bench Guide and updates were provided during the conference.  Language and possible scenarios that could appear in courts were also discussed explaining that language is one of the indicators for the GLBT community in regards to access to justice. 

 

Mr. Farr also talked about some of the issues that could arise from the same-sex legislation that is being introduced this session such as what happens if a couple is not registered and there is a community property situation and how is intestate succession handled? 

 

Commissioners and Mr. Farr talked about challenges facing GLBT youth and for GLBT people who are arrested and need to be housed or transported.

 

 

 

 

PROJECTS/PROGRAMS STATUS REPORTS

 

Human Trafficking Task Force Model Law Report

Grace Huang provided an update to Commissioners on the work of the Task Force.  She explained that the purpose behind the initial proposal for changing the law was that it was not clear if prostitution would be viewed as labor.  The question asked was “Would it be labor if a person was induced through force, fraud, or coercion to perform sex?”    

 

She indicated that, at this point, the Human Trafficking Task Force was not moving forward with proposed changes to existing laws.  There was no anyone on the Task Force that was invested enough in the idea to proceed. 

 

Myra will draft a letter for Justice Madsen’s signature expressing the Commission’s interest in the resolution of this issue.

 

 

Internet Publication of Information Report

 

Yvonne Pettus reported on the outcome of a conference call with fellow Commissioners Judge Sara Derr, Ms. Grace Huang, Mr. Mike Killian, and Commission staff Myra Downing.  This subcommittee was asked to propose a course of action regarding the publication of information on the internet and to ensure compliance with Federal law regarding domestic violence information on the internet.

 

Ms. Pettus reported that the subcommittee proposed the following:

  • Remove the information from the public index on the Washington Courts website
  • Amend GR 31 or draft a new court rule
  • Change pattern instructions to advise victims that they can work with an advocate to initiate getting a case sealed and how to petition the court to prevent the information from being available on the internet. 

 

Yvonne noted that Merrie Gough, Senior Court Analyst, was contacted regarding reflecting the proposed changes in existing forms.  One of the major changes was allowing for a choice of information being available only at the court house, at the courthouse or on the internet, or not available at the courthouse or on the internet. 

 

During the discussion, it was proposed that all past and present information be removed from the index and that GR 31 be amended or a new court rule be drafted to prohibit publication of domestic violence information on the internet.  Making changes to the pattern forms and instructions was not seen as necessary at this time depending on the action taken by the BJA. 

 

Mike Killian reported that he had sent out an email to all the clerks and there was one response and one objection. 

 

Justice Madsen reported that this information would be given to the Board for Judicial Administration (BJA) to be used in their work on this subject. 

 

There was agreement from members present that the information be removed from the internet.

 

Myra will arrange a meeting with Justice Fairhurst, JISC Chair, to discuss this further. 

 

 

Concealed License Permits (CPL) Report

 

Bernie Ryan reported on his meetings with the Department of Licensing and the Washington State Patrol regarding the process for notifying and revoking concealed pistol licenses.  He reported that he was seeking answers to the following questions:

 

1.    How are the data of concealed Pistol licenses stored?  Electronically?  Hard Copy?

2.    Is the Department of Licensing the only place where the data is stored and maintained?

3.    Does the Department forward its concealed pistol license data with any other state or local agency?  If so, please identify the agency(s).

4.    If forwarding occurs, is it done automatically or upon request?  Is it done electronically or manually?  Please respond to both questions on an agency by agency basis.

5.    If the forwarding is done electronically, are there charges associated with the sharing and, if so, how much?  Please respond on an agency by agency basis.

6.    Does the department automatically receive notice of criminal convictions?  Does the Department update its data if a criminal conviction of a license holder is reported to it? 

7.    Does the Department update its data if a restoration of civil rights of a felon is reported to it?

8.    Are there federal or state statutory restrictions on the sharing of information?  If so, please cite the statutes and any relevant WAC provisions.

9.    Can the data be viewed online by the public?  Can the data be obtained by the public?

 

Bernie reported that he first met with the Department of Licensing (DOL) which is the central repository for the CPL’s.  He found out that some of the courts can make an inquiry and find out if the person in their court has a CPL.   The DOL representative did not know if the information in their system was delineated by type of court.  Bernie noted that DOL said they do not revoke licenses, but do forward conviction data to the issuing authority (law enforcement) for revocation.  The DOL representative said if the system is working correctly then once the license is revoked, the CPL should be off the system.

 

Bernie also met with the Washington State Patrol (WSP).  He learned that WSP offers training for the courts on accessing the system.  This training certifies participants.  The certification is valid for three years. 

 

Bernie pointed at the issue regarding how quickly the revocation becomes effective.  He also noted that the current system only works if everyone works together to ensure all the information is entered, updated, and accessed.  Bernie suggested that the Commission invite representatives from DOL and the WSP attend the next meeting. 

 

ACTION:  The Commission agreed to have a DOL/WSP presentation at the next meeting.  Myra will work with Bernie in identifying the people to discuss the issue with Commission members.

 

Victim Conference Report – continued to March meeting

 

Education Programs/Conference

 

a.    Annual Conference Proposals.  Three proposals will be submitted for consideration by the Annual Conference Committee Planning Committee.  They are 1)Sexual Orientation:  Issues for the Courts;     2) Implicit Bias; and 3) War and the Courts

b.    Color of Justice – continued to March meeting

 

 

NEW BUSINESS

 

Exploration of Research Ideas

 

The Commission has been interested in conducting research that will provide information to them on topics related to gender equity issues.  Tom George, AOC Senior Researcher, has offered his expertise to the Commission.  Some of the ideas mentioned were domestic violence data for Washington, revisiting the evaluation of judges conducted by the King County Bar Association, and examining the Parenting Act to see what, if any patterns surface regarding custody associated with gender. 

 

He offered to include questions of interest to the Commission on surveys that he conducts on other topics. 

 

Tom pointed out though that he will collect and analyze data but it is the Commission’s role to make policy recommendations based on the information. 

 

ACTION:  Judge Tompkins, Grace Huang, Jeri Costa, Justice Madsen, and Myra Downing will work with Tom in proposing a research agenda for the Commission.

 

 

 

Annual Report Design and Content Discussion

 

Justice Madsen explained that the Commission had the opportunity to review and possibly change the format of their annual report.  Dexter Mejia, AOC Graphic Designer and Business Process Analyst, offered his services to the Commission.  Dexter explained that annual reports are powerful communication tools and can be used effectively to promote the work of the commission.  He explained that he had reviewed past reports and suggested a re-thinking of the themes and messages to make the annual report more robust and effective.  He emphasized the importance of being very clear about what the Commission wants the reader to take away after reviewing the report and as importantly, wanting to read it.  The report has to be compelling, a call to action. 

 

He said that the core components of a typical annual report are:

  • Cover
  • Overview
    • Mission
    • Letter to stakeholders
    • Management report/financial summaries
  • Year in Review
    • Significant events
    • New Products and/or Services
  • Looking Forward
    • Immediate future plans
    • Long-term plans
    • New Initiatives
  • Financial Statements
    • Income statements, balance sheets, graphs, charts, etc.

 

In order to get the commission members thinking about the contents of the annual report, he asked the following questions:

  • Who is your audience?  Who do you want to target with your report?
  • What are we trying to convey, what is our message?

 

He pointed out that it seems the Commission wants to entice others to get involved so our narrative and imagery needs to be powerful.  Quotes from those served work well in reports. 

ACTION:  Justice Madsen, Judge Riehl, Bernie Ryan, and Myra Downing will work with Dexter Mejia in preparing a report draft for the Commission’s review.

 

DV Summit in Spokane

 

Judge Derr reported she and Judge Tompkins have been working with the YWCA and the Consortium in developing the plans for their summit.  The goal of their summit is increase knowledge within Spokane communities on the issues of Domestic Violence.  They want to create a coordinated community response.  They are using the Kitsap and Pierce County model.  They are planning on holding it on June 18, 2008 at Gonzaga University and are expecting 200 participants.

 

Spokane Mayor Mary Verner, a survivor, will be their opening speaker.  They are planning on using actors for role plays with professionals for educational purposes.  They have arranged for students to take notes at the event.  The YWCA will pay for a coordinator for the event.    Gonzaga University will also provide some services. 

 

Judge Derr and Judge Tompkins said they would be requesting some funding from the Commission.

 

2008 Presentation Request from the Presiding Judges’ Education Committee -   “Issues and Challenges serving Illegal Immigrants in the Court System  - continued to March meeting.

 

Legislation relating to Notification Eligible Offenses and to amend RCW 9.4A.612 and 9.94A614 was distributed.

 

Legislation to provide address confidentiality of victims of trafficking was distributed.

 

The meeting adjourned at 12:50 pm. 

 

 

 

 

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