Minority and Justice Commission
Meeting Minutes

Washington State Minority and Justice Commission

June 23, 2000

Call to Order

The meeting was called to order at 2:00 PM by Justices Charles Z. Smith and Charles W. Johnson, co-chairpersons, presiding. Television coverage was provided by TVW (Rob Demo and Aaron Qualls).

Attendance by Hosts

Attending as our Seattle University School of Law hosts were Associate Dean Donna Claxton Deming (also a member of our Commission), Professor Margaret Chon and Professor Carmen Gonzalez.

Attendance by Commission Members

In addition to Justices Smith and Johnson and Dean Deming, the following members of the Commission were present: José J. Quintana, Jeffrey C. Sullivan, Robert C. Boruchowitz, Ms. Mary Alice Theiler, Ms. Denise C. Marti, Ms. Lorraine Lee, Lonnie Davis, Judge Sergio Armijo, Judge Philip L. Thompson, Judge Douglas W. Luna, Judge Mary I. Yu, Judge Richard F. McDermott, Jr., Judge Ronald E. Cox, Judge Monica J. Benton, Judge Deborah D. Fleck, Ms. P. Diane Schneider, Ms. Ada Ko and Tony Orange. Also in attendance was Leo J. Hamaji (Office of the Public Defender).

Special Acknowledgements

Justice Smith expressed special congratulations to members of the Commission who had recently become judges: Judge Mary I. Yu and Judge Richard F. McDermott, Jr., King County Superior Court; and Judge Monica J. Benton (Formerly of the King County District Court), United States Magistrate, Western District of Washington.

On behalf of the Commission, Justice Smith expressed appreciation to Commission members José J. Quintana and Kenneth E. Payson for sponsoring our last Commission meeting at their law firm, Heller Ehrman White and McAuliffe, in Seattle.

Approval of Minutes

The minutes of the Executive Committee meeting of June 2, 2000 were approved subject to necessary editorial revisions.

Executive Director

Justice Johnson announced that the Executive Director, Ms. Donna V. McConnell, was not present at this meeting and is on sick leave because of surgery.

Commission Budget

Information concerning the 1999-2001 Biennium Budget for the Commission was presented for the period ended May 31, 2000, reflecting expenditures to date of $177,230 and an unexpended balance of $136,931, for the budget total of $314,161. A footnote indicated the original budget of $308,000 was increased by $6,161 for a cost of living adjustment (COLA) from the Legislature for the Executive Director's salary (added to Administration).

Justice Johnson, who is the Finance Chairperson of the Commission, called attention to the fact we are spending at a faster rate than anticipated: over half of the budget has been spent even though we are one month from midpoint. He indicated it is essential for us to get our expenditures under control in Administration. He advised the sub-committees we may have to reallocate sub-committee appropriations. He will be in communication with sub-committee chairpersons concerning this.

National Consortium

Justice Smith reported on the Twelfth Annual Meeting of the National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts in Teaneck, New Jersey on May 11, 12, and 13, 2000.

Justice Smith commented that the host New Jersey Supreme Court and its Standing Committee on Minority Concerns, principally Dr. Yolande P. Marlow, did an outstanding job in locating the conference at the Marriott at Glen Pointe and in presenting a meaningful program for the conference. The Supreme Court appropriated $35,000 to cover expenses. The moderator elected at the 1999 meeting in Honolulu, Judge Veronica Simmons McBeth, Los Angeles Superior Court, was similarly outstanding in her presiding role.

Justice Smith observed with some humor that his 73^rd birthday was celebrated with a large candle-lit cake, a musical program, and a service award at the luncheon meeting on May 12, even though his actual birthday was February 23. As immediate past moderator, he attended the meeting only as a supporter and observer, and not as an active participant. As is his choice, he attends Consortium meetings at his own expense and not at State expense.

Representing our Commission at the Consortium meeting was our Executive Director, Ms. Donna V. McConnell.

The 2001 site for the Consortium meeting has not been determined, but possible locations are Los Angeles, California and Orlando, Florida.

Condolence

Justice Smith announced that Ms. Lourdes Fuentes, Commission member and liaison to the Gender and Justice Commission, was absent from this meeting because of the recent death of her beloved father, René Fuentes, formerly a lawyer in Havana, Cuba who brought his wife and children to the United States when Ms. (Lourdes) Fuentes was five years old. She is presently an immigration lawyer with MacDonald, Hoague and Bayless in Seattle.

Central Washington University Law and Justice Awards Banquet

Justice Smith expressed appreciation to Commission member Ms. Mary Alice Theiler for representing us as the keynote speaker for the Central Washington University Law and Justice Awards Banquet on May 13, 2000. Ms. Theiler reported the event honored outstanding graduate students and alumni. A copy of her speech will be made available through our usual publication process.

When Bias Compounds: Insuring Equal Justice for Women of Color in the Courts

Justice Smith advised that Ms. Lourdes Fuentes has taken an active role in presenting the program When Bias Compounds: Insuring Equal Justice for Women of Color sponsored by the Gender and Justice Commission and the Minority and Justice Commission.

A pilot program, partially funded by the State Justice Institute, was conducted at the Seattle-Tacoma Airport Auditorium on February 26, 2000 with Ms. Benita R. Horn and Ms. Peggy A. Nagae as presenters. The program will be presented in its final revised form at CELEBRATION 2000 in Spokane, Washington on Friday morning, September 15, 2000, from 8:15 to 11:00 o'clock.

The program is based upon the only known publication (model judicial education curriculum) on the subject authorized by Ms. Lynn Hecht Schafran, National Judicial Education Fund, the NOW Legal Defense and Education Fund, under a grant from the State Justice Institute. The curriculum most recently was used by the California Judicial Counsel in its conference The New Millennium: Women of Color as Court Leaders and Managers on May 1 and 2, 2000.

Reports of Sub-Committees

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Education Sub-Committee

Judge Ronald E. Cox reported that the revised improved version of the videotape Cultural Competency: Rising to the Challenge is now available. Completed under contract with Chandler and Associates, the 90-minute videotape may be obtained from the Commission by special order at $20 plus handling and mailing. It will be available for viewing during the fall conference in Spokane.

Our Commission contracted with Dr. Dretha M. Phillips, Ph.D., and Ms. Lisa R. Carley-Baxter, MA, at Washington State University to conduct a study: Diversity Education in the Washington Court System: Where Shall We Go From Here? The study/survey, conducted among persons attending our education sessions, had about a 50% response. It is now completed and will be used to evaluate our program. The final report is due June 30, 2000. The total contract cost for the study is $31,688.

Evaluation and Implementation Sub-committee

Judge James M. Murphy, chairperson of the sub-committee, was unable to be present, but asked Commission member Robert C. Boruchowitz and Robert J. Hamaji to report on the current status of the project for revision of Criminal Rule (CrR) 3.2, Release of Accused. The project was stimulated by a recommendation from Dr. George S. Bridges in his study concerning pre-trial release in the King County Superior Court.

There was active discussion concerning possible changes in the rule, including comments by Judge Yu, Mr. Sullivan, Judge Thompson, Mr. Orange, Judge Fleck and Judge Luna. Justice Johnson observed that no proposed change to CrR 3.2 has come to the Supreme Court. Mr. Boruchowitz indicated the proposal will work its way up to the Supreme Court, but first judges should be encouraged to consider other factors in order to reduce disparity in bail decision. Justice Johnson stated it would be good to get a consensus on any proposed revision. In the meantime, comments may be addressed to Mr. Hamaji, Mr. Boruchowitz or Judge Fleck. Ideally, a recommendation to the Supreme Court Rules Committee should come as a recommendation from the Minority and Justice Commission.

Robert C. Boruchowitz: Friend of the Legal Profession Award

Justice Smith noted that Commission member Robert C. Boruchowitz last night received the Friend of the Legal Profession Award at the annual meeting of the King County Bar Association in Seattle.

Workforce Diversity Sub-Committee

Judge Fleck, chairperson, expressed appreciation to Justice Smith for obtaining Chief Justice Robert Benham, Supreme Court of Georgia, as keynote speaker for the judicial luncheon for CELEBRATION 2000 in Spokane on Thursday, September 14, 2000. His appearance is sponsored by our Commission and its Workforce Diversity Sub-committee.

The Workforce Diversity Sub-committee has now completed installation of its Work Force Resource Directory on line. The sub-committee is negotiating a sole source contract with Ms. Sheryl J. Willert for a manual/notebook on recruitment and retention as a "cookbook" for judges in pursuing equity and inclusiveness in employment. Ms. Willert, an acknowledged expert on employment law, has made a number of highly acclaimed presentations for our Commission gratis.

The Workforce Diversity Sub-committee, in cooperation with Commission members Judge Richard A. Jones and Judge LeRoy McCullough, is participating in a conference on employment opportunities for youth at CELEBRATION 2000 in Spokane on Wednesday morning, September 13, 2000, from 9:30 to 12:00 o'clock. About 300 students are expected to attend. The program (with assistance from the University of Washington Law School, Seattle University Law School and Gonzaga Law School) is expected to be presented later in the Tri-Cities.

Judge Fleck also reported on a project for public education and use of the media which she pursued as a representative of the Board for Judicial Administration. Large public service advertisements were donated by nine newspapers entitled "We Are Jurors, Join Us," which commended employers who pay wages or salaries of employees while they serve on jury duty.

Robert C. Boruchowitz: Friend of the Legal Profession Award

Justice Smith noted that Commission member Robert C. Boruchowitz last night received the Friend of the Legal Profession Award at the annual meeting of the King County Bar Association in Seattle.

Voters Pamphlet

Justice Johnson reported that Secretary of State Ralph Munro has agreed to use the recommended Supreme Court format for judicial candidates in the official Voters Pamphlet which will be distributed prior to the primary (September 19, 2000).

Request for Contribution to Costs for CELEBRATION 2000

Justice Smith reported a request from the Chief Justice for contribution from the Minority and Justice Commission of $1,000 towards the costs for CELEBRATION 2000. The Commission voted approval of this request.

Comments from Seattle University Hosts

Professor Margaret Chon indicated the pleasure of Seattle University School of Law in hosting the meeting of our Commission. She expressed the hope we could make this an annual event.

Dean Donna Claxton Deming agreed with Professor Chon, but indicated the month of June is not the best time for a meeting. She expressed the hope the meeting could be scheduled on a date when students are regularly attending classes and would be able to observe our meeting in process.

Adjournment

The meeting was adjourned at 3:20 PM. Our members proceeded to a reception hosted by Dean James Bond and other members of the Seattle University Law School faculty.