Gender and Justice Commission

1999-2000 Annual Report

Highlights of a Decade of Work

MEMBERSHIP
The Washington State Supreme Court appoints the Commission chair and members. Membership was recently changed from 15 to up to 21 representatives from among the following: Supreme Court, Court of Appeals, Trial Court Judges, Bar Associations, Administrator for the Courts, Clerk of Courts, Attorneys, Trial Court Administrators, College or University Professors, and Citizens.

FUNDING AND STAFFING
The Commission is funded by the Legislature through the Administrative Office Of The Courts' (OAC) budget and federal grants. The Commission has .5 FTE staff and secretarial support from the OAC.

Annual Report
December 31, 2000

The Washington State Gender and Justice Commission is pleased to provide this report on our continuing efforts to achieve and maintain gender fairness in the state court system. We are proud to be one of the few states in the country that has had continuous Supreme Court sponsorship for more than 10 years of research, education, and collaboration to ensure equal justice for men and women in the courts.

Since the Task Force on Gender and Justice in the Courts concluded in 1989 that gender bias does exists in our culture and is reflected in the Washington State Courts, we have been working to change attitudes and behaviors. Through education; establishment of gender fairness, diversity, and equality committees in judicial and legal associations; and Commission on Judicial Conduct actions; our cultural norm has changed in the past decade. Blatant gender bias is not as visible as it was in the past. However, subtle bias still exists. Those who attended When Bias Compounds: Insuring Equal Justice for Women of Color in the Courts, our plenary program at Celebration 2000 in September of this year, learned about the demeaning bias experienced by women of color in Washington State.

In my first year as chair of the Gender and Justice Commission, I was invited to attend the Gender Fairness Strategies Conference in Georgia. Along with representatives of a dozen other states with active gender fairness implementation efforts, we discussed the progress that has been made, backlash, and work still to be done. Much has been done in Washington State, as you will see in this overview, and by the 45 states and several federal circuit courts who conducted gender bias studies and implemented a wide range of court reforms. A compilation of these programs, products, legislation, and case law can be found in the Gender Fairness Strategies Implementation Resources Directory (December 1998) published by the National Judicial Education Program to Promote Equality for Women and Men in the Courts.

There has been progress in the legal system. However, since there will always be new judges on the bench, new attorneys in court, new court personnel working with the public, and new laws passed in the Legislature, the Gender and Justice Commission needs to continue its work. Our mission is to promote gender equality in the system of law and justice and we will continue to promote education programs and projects to achieve our goals.

Overview of Gender and Justice Work in Washington State
1987- 1989
Washington State Task Force on Gender and Justice in the Courts.

The Hon. H. Joseph Coleman, chair, and thirty-three members of the Gender and Justice Task Force conducted almost two years of study including: seven public hearings; five surveys of judges, attorneys, domestic violence and sexual assault service providers; analysis of dissolution, wrongful death, loss of consortium, and attorney fees in discrimination cases; and a review of court affirmative action, equal opportunity, and sexual harassment policies.

The Task Force concluded gender bias does exist in the Washington State court system and described the extent of that bias in their final report. Gender bias exists when decisions are made or actions are taken based on preconceived notions about the nature, roles, and abilities of men and women rather than upon evaluation of each individual situation. Gender bias can be reflected in individual actions as well as in cultural traditions and institutional practices. The Task Force report included 75 recommendations for action and education.

Products and Programs

Produced Gender and Justice in the Courts, Washington State, 1989. The final report of the Task Force was distributed to the state judiciary, legislature, and the public. The findings and recommendations were presented to the judiciary at the 32nd Annual State Judicial Conference. More than 2,000 copies of the report were distributed to judges, legislators, attorneys, and the general public.

1989- 1991
Gender and Justice Implementation Committee

The Supreme Court appointed the Hon. Rosanne Buckner and 26 members to implement the Task Force recommendations. The Committee focused on presenting the report, particularly to those groups at which recommendations were directed. With limited staff and budget, the Committee also implemented the Legislative funded Domestic Violence Task Force study, domestic violence education for judges and court personnel, and the Joint Study of Spousal Maintenance by the Superior Court Judges and the Legislature. In 1990, the Washington Council on Crime and Delinquency presented the Gender and Justice Task Force with an award for outstanding achievement by a public organization.

Products and Programs

Produced the Spousal Maintenance & Property Division Study, the Domestic Violence Task Force Report, and the Domestic Violence Curriculum Manual.

Conducted superior court judicial education programs on spousal maintenance and domestic violence education programs at all judicial and court administrators’ spring conferences.

Translated the videotape How to Get Your Own Protection Order into Spanish.

Received a State Justice Institute (SJI) grant to adapt the national model judicial education program: Domestic Violence: The Crucial Role of the Judge in Criminal Court Cases.

Coordinated with Washington Women Lawyers on changes to the Code of Professional Conduct and the development of continuing legal education programs.

1991- 1993
Gender and Justice Implementation Committee

The Hon. Faith Enyeart Ireland and 20 members were appointed by the Supreme Court to the continuing Implementation Committee. Work continued on gender bias awareness and domestic violence educational efforts. Through Judge Ireland’s efforts the Committee became a Supreme Court Commission in 1994.

Products and Programs

Worked with Washington Women Lawyers to present Gender Bias in the Legal Profession: Breaking the Glass Ceiling, workshops for attorneys in the public sector and private law firms.

Presented Overcoming Gender Bias in the Courts to the National Association for Court Management and the Washington Association of State Court Administrators.

Produced Domestic Violence: the Crucial Role of the Judge in Criminal Court Cases, the six hour SJI grant funded workshop, as a pilot and then at the 35th Annual State Judicial Conference.

Produced and distributed the Domestic Violence Manual for Judges, Vol. I – Criminal and Vol. II – Civil to all state judges and commissioners.

Participated on the national advisory committee, pilot tested, and conducted the model judicial education program, Domestic Violence Cases in the Civil Court.

1994- 1998
Gender and Justice Commission

Justice Richard P. Guy was appointed to chair the Supreme Court created 15 member Commission in 1994. In its first two years of operation, the Commission defined its mission; developed operating by-laws; evaluated the 75 Gender and Justice Task Force recommendations; and established priorities for action.

Products and Programs

Conducted two State and Federal Judiciary Seminars on Gender Bias in the Courts.

Presented Avoiding Sexual Harassment Liability: Respect, That’s What It’s All About at the Court Management Council Conference and the 39th Annual State Judicial Conference.

Implemented the 1st Washington State Domestic Violence Summit at the request of Chief Justice Barbara Durham and Attorney General Christine Gregoire.

Produced the videotape Domestic Violence: Challenges and Solutions in Washington State.

Worked with the Offices of the Governor and the Attorney General to implement the second Washington State Domestic Violence Summit.

Developed a model for a local community domestic violence summit in Benton/Franklin Counties. Refined the model and conducted local domestic violence summits in Kitsap and South King Counties.

Produced the manual: Planning for a Local Domestic Violence Summit.

Received a $110,603 Federal Violence Against Women Act (VAWA) Rural Domestic Violence and Child Victimization grant and conducted six workshops for state and tribal court judges in rural counties.

Updated and distributed the Domestic Violence Manual for Judges; 1997.

Assisted the YMCA High School Mock Trial Competition develop scripts addressing domestic violence and unlawful harassment.

Conducted the one-year Washington State Parenting Act Study in collaboration with the Domestic Relations Commission.

1994- 1998
Gender and Justice Commission

Justice Barbara A. Madsen was appointed Commission chair in 1999. After participating in the National Gender Fairness Strategies Conference as one of a dozen states with active, continuing gender fairness implementation efforts, she initiated a review of the original Task Force recommendations and implementation efforts. The Commission affirmed its mission and goals and renewed efforts to liaison with other organizations and the law schools. In 2000, the Supreme Court extended the Order establishing the Commission for an additional five years and increased membership from 15 to 21 persons.

Products and Programs

Distributed the Washington State Parenting Act Study. Worked with the Family Law Bar and the judiciary to conduct education programs based on the report’s findings and recommendations.

Received Federal VAWA funding for second and third phases of the Rural Domestic Violence and Child Victimization Grants. Conducted workshops at three state and tribal court association conferences. Created new chapters for the Domestic Violence Manual for Judges addressing rural and tribal court issues. Audio-taped the Domestic Violence Manual for Judges.

Distributed domestic violence educational materials to the courts.

Facilitated local domestic violence summits/education programs in Lewis, Grant/Adams, Snohomish, Thurston, and San Juan Counties. Conducted a three-hour workshop, Public Trust and Confidence: Preventing Unlawful Harassment at the 42nd State Judicial Conference.

Established liaisons with and presented gender bias and domestic violence educational materials to the three law schools in the state.

Established a website. http://www.courts.wa.gov/commission/genderandjustice/.

Adapted the national model curriculum When Bias Compounds: Insuring Equal Justice for Women of Color in the Courts. With Minority and Justice Commission and SJI assistance, piloted the revised program and then presented a plenary session at the 43rd Annual State Judicial Conference– Celebration 2000.

Worked with the National Center for State Courts to host the Northwest Regional Meeting on Implementing Full Faith and Credit for Foreign Protection Orders, scheduled for February 22-23, 2001.

Recommendations:

In 1989, the final report of the Washington State Task Force on Gender and Justice in the Courts stated:

The Task Force believes that eliminating gender bias from the courts must become a priority for the Bench, the Bar, and the Legislature. Change can be implemented through education, attitude awareness training, and a commitment to the highest standards of fairness. To achieve that end, the Task Force has proposed 75 recommendations for education, evaluation, and action. Institutionalizing and implementing these recommendations will be the task of the Gender and Justice Implementation Committee. With the support of the Supreme Court, the Legislature, and the Washington State Bar Association the legal community will be sensitized to the issues of gender bias in the courts and our court system will exemplify the highest standards of fairness for men and for women.

In 1999, the Gender and Justice Commission reviewed the 75 recommendations in the original task force. The Commission concluded that a substantial number had been achieved, either directly by the courts or by groups to whom the recommendations were addressed, and change has occurred. However, we must continue our education programs, attitude awareness training, and commitment to institutionalize the highest standards of fairness in the courts. While blatant gender bias is infrequently observed, subtle bias continues and most insidiously affects women of color. In preparing for Celebration 2000, the Commission was informed of a series of recent examples of this compound gender and racial/ethnic bias experienced by judges, attorneys, and litigants.

In response to the Supreme Court’s call for all court organizations to examine their programs in light of the trial court performance standards and the results of the Public Trust and Confidence survey, the Gender and Justice Commission examined its mission and accomplishments. The Commission is convinced its work advances the Supreme Court’s goals in the areas of Equality, Fairness, Integrity, Courtesy, Responsiveness, and Respect.

The Gender and Justice Commission’s main recommendation is for the continued support of the Supreme Court, the Legislature and the Washington State Bar Association as it moves into the new millennium.

CURRENT COMMISSION MEMBERS, 1999-2000

Hon. Barbara A. Madsen, Chair, Washington State Supreme Court; Hon. Marlin J. Appelwick, Court of Appeals, Division I; Eileen M. Concannon, Graham & James/Riddell William; Helen Donigan,* Gonzaga University Law School; Esther Ervin,* Office of General Counsel, Seattle Public Schools; Hon. Thomas R. Fallquist,* Spokane County Clerk; Katherine Cooper Franklin,* Littler Mendelson; Jennefer Henson, Des Moines Municipal Court; Hon. C. Kimi Kondo,* Seattle Municipal Court; Hon. John Lovick, Washington State House of Representatives; Mary Pontarolo,* Washington State Coalition Against Domestic Violence; Hon. Ruth Reukauf, Yakima County District Court; Hon. J. Wesley Saint Clair,* Northeast Division, King County District Court; Hon. Ann Schindler,* King County Superior Court; Hon. Linda G. Tompkins, Spokane County Superior Court; Lourdes Fuentes, Liaison, Minority and Justice Commission; Gloria C. Hemmen, Staff, Administrative Office Of The Courts (OAC)

FORMER COMMISSION MEMBERS, 1994-1999

Hon. Richard P. Guy, Chair, Washington State Supreme Court; Linda Bell,* Pierce County District Court No. One; Hon. Rosanne Buckner, Pierce County Superior Court; Hon. Patricia H. Clark,* King County Superior Court; Michael Hogan, Office of the Prosecuting Attorney, King County; Hon. Faye C. Kennedy,* Court of Appeals, Division I; Hon. Craig J. Matheson,* Benton/Franklin Counties Superior Court; Clotilde Molina,* Center for Ethical Leadership; Le Sanchez, Aukeen Division, King County District Court; Jeanne M. Verville, Simpson Investment Company; Hon. Carol Wardell, Chelan/Douglas Counties Superior Court; Debora G. Juarez, Liaison, Minority and Justice Commission

IMPLEMENTATION COMMITTEE, 1991-1993

Hon. Faith Enyeart Ireland, Chair, King County Superior Court; Hon. Kay D. Anderson, Snohomish County Clerk; Linda Bell, Pierce County District Court No. One; Hon. Mary Wicks Brucker, King County Superior Court; Hon. Rosanne Buckner, Pierce County Superior Court; Hon. George Wynn Colby, Yakima District Court; Merril Cousins, Center for Battered Women; Hon. Michael E. Donohue, Spokane County Superior Court; Tim W. Dore, Oles, Morrison & Rinker; Hon. Joan DuBuque, King County Superior Court; Professor Jane Ellis, University of Washington School of Law; Katherine Cooper Franklin, Washington Women Lawyers; Sheryl Garland, Washington Women Lawyers; Hon. Helen L. Halpert, Seattle Municipal Court; Hon. Norma Smith Huggins, King County Superior Court; Hon. Laura Inveen, King County Superior Court; Hon. Faye Kennedy, Court of Appeals, Division I; Hon. Jeanne Kohl, Washington State House of Representatives; Hon. J. Kathleen Learned, King County Superior Court; Hon. James D. McCutcheon, King County Superior Court; Linda Moran, Washington Women Lawyers; Hon. Gary Nelson, Washington State Senate; Michael D. Planet, King County Superior Court; Dolores Sibonga, Washington Women Lawyers; Hon. Harriet Spanel, Washington State House of Representatives; Paul Stritmatter, Stritmatter, Kessler & McCauley; Joan Sullivan, Attorney at Law; Gloria C. Hemmen, Staff, AOC

IMPLEMENTATION COMMITTEE, 1989-1991

Hon. Rosanne Buckner, Chair, Pierce County Superior Court; Judith A. Bendor, Shoreline Hearings Board; Dean James E. Bond, University of Puget Sound School of Law; Hon. George Wynn Colby, Yakima District Court; Hon. H. Joseph Coleman, Court of Appeals, Division I; Merril Cousins, Center for Battered Women; Professor Jane Ellis, University of Washington School of Law; Eleanor Fine, Washington State Bar Association Civil Rights Committee; Katherine Cooper Franklin, Washington Women Lawyers; Sheryl Garland, Washington Women Lawyers; Hon. Dale M. Green, Court of Appeals, Division III; Hon. Norma Smith Huggins, King County Superior Court; Hon. Faith Enyeart, King County Superior Court; Chief S. R. Johnston, Shelton Police Department; Hon. J. Kathleen Learned, King County Superior Court; Judith A. Lonnquist, Law Office of Judith A. Lonnquist; Alicia H. Nakata, Chelan County Office of the Prosecuting Attorney; Hon. Gary Nelson, Washington State Senate; Hon. Harriet Spanel, Washington State House of Representatives; Commissioner Lester H. Stewart, Snohomish County Superior Court; Paul Stritmatter, Stritmatter, Kessler & McCauley; Gloria C. Hemmen, Staff, OAC

GENDER AND JUSTICE TASK FORCE, 1987-1989

Honorable H. Joseph Coleman, Chair, Court of Appeals, Division I; Hon. Susan R. Agid, King County Superior Court; Hon. W. Edward Allan, Grant County District Court; William W. Baker, Anderson, Hunter, Dewell, Baker & Collins, P.S.; Mary Kay Barbieri, Attorney at Law; Mary Kay Becker, Brett & Daugert; Judith A. Bendor, Shoreline Hearings Board; Elizabeth J. Bracelin, Peterson, Bracelin, Young, Putra, Fletcher & Zeder; Hon. Rosanne Buckner, Pierce County Superior Court; Hon. Christine Cary, Spokane County District Court; Hon. Michael E. Donohue, Spokane County Superior Court; Commissioner Joan DuBuque, King County Superior Court; Professor Jane Ellis, University of Washington School of Law; Janet L. Gaunt, Law Office of Janet L. Gaunt; Hon. Dale M. Green, Court of Appeals, Division III; Hon. Norma Smith Huggins, King County Superior Court; Hon. Faith Enyeart, King County Superior Court; Judith D. Jeffers, Law Offices of Judith D. Jeffers; Hon. Charles V. Johnson, King County Superior Court; Frank H. Johnson, MacGillivray & Jones; Judith A. Lonnquist, Law Office of Judith A. Lonnquist, P.S.; Professor James R. McCurdy, Gonzaga University School of Law; Mary C. McQueen, Administrator for the Courts; Hon. Louise Miller, Washington State House of Representatives; Hon. Gary A. Nelson, Washington State Senate; Hon. Janice Niemi, Washington State Senate; Hon. Barbara J. Rothstein, United States District Court, Western Washington; Hon. Steven G. Scott, King County Superior Court; Hon. Harriet Spanel, Washington State House of Representatives; Paul L. Stritmatter, Stritmatter, Kessler & McCauley; Hon. Duane E. Taber, Benton/Franklin Counties Superior Court; Hon. Philip Talmadge, Washington State Senate; Commissioner Kathryn E. Trumbull, Snohomish County Superior Court; Joanne Tulonen, City of Seattle Family Violence Project; Gloria C. Hemmen, Staff, OAC

*Indicates Commission member served more than one term since 1994.