Minority and Justice Commission
Meeting Minutes

WASHINGTON STATE MINORITY AND JUSTICE COMMISSION

MINUTES OF COMMISSION MEETING

Mezza Café Banquet Room
Pioneer Human Services
(Starbucks Corporate Building)
2401 Utah Avenue South (First and Lander), Seattle
March 14, 2003

Justice Charles W. Johnson and Justice Charles Z. Smith, Co-Chairpersons, Presiding

Call to order

The meeting was called to order by Justice Charles Z. Smith at 10:20 A.M.

Present at the meeting were Justice Charles W. Johnson, Justice Charles Z. Smith (Retired), Judge Monica J. Benton, Robert C. Boruchowitz, Ms. Myrna I. Contreras, Judge Ronald E. Cox, Judge Anne L. Ellington, Judge Deborah D. Fleck, Judge Kenneth H. Kato, Judge Douglas W. Luna, Ms. Amalia Maestas, Judge LeRoy McCullough, Judge James M. Murphy (Retired) , Tony Orange, Ms. P. Diane Schneider, Judge Philip J. Thompson (Retired), Brian A. Tsuchida, and Judge Dennis D. Yule.

Persons not in attendance with excused absences were Judge William W. Baker, Jeffrey A. Beaver, Ms. Madelyn Botta, Dean George S. Bridges, Ph.D., Judge Patricia Hall Clark, Lonnie Davis, Dean Donna Claxton Deming, Larry M. Fehr, Ms. Lourdes Fuentes, José E. Gaitán, Guadalupe Gamboa, Charles A. Jardine, Judge Richard A. Jones, Michael J. Killian, Ms. Ada Ko, Judge Ron A. Mamiya, Ms. Denise C. Marti, Judge Ricardo S. Martinez, Judge Richard F. McDermott, Jr., Ms. Mary Campbell McQueen, Ms. Rosa Melendez, Ms. Esther L. Patrick, Kenneth E. Payson, José J. Quintana, Judge Albert M. Raines, Judge Greg D. Sypolt, Judge Vicki J. Toyohara, Jeffrey C. Sullivan, and Ms. Mary Alice Theiler.

Acknowledgement

Justice Charles Z. Smith thanked Larry Fehr, Vice President of Pioneer Human Services for hosting the Commission at the Mezza Café Banquet Room.

Mr. Fehr gave a brief overview of Pioneer Human Services. It is a non-profit organization that serves about eight thousand clients per year especially people transitioning from prison and chemical dependency. Services are divided into three major divisions: social services; housing and real-estate division; and retail businesses teaching job skills.

Minutes

Justice Smith reported that the meeting minutes of October 15, 2002 Executive Committee and Commission meetings, held at the Seattle University School of Law, were approved during the Executive Committee meeting subject to any necessary editorial revisions.

Report of Co-Chairperson

Annual Report Update

Justice Smith reported that the artwork is complete and sub-committee reports have been revised. The next step is the layout and design of the report.

Justice Smith asked new appointees to the technical support group to submit their photograph for inclusion in future Annual Reports.

The National Consortium of Task Forces and Commissions on Racial and Ethnic Fairness in the Courts

Justice Smith reported that the National Consortium is scheduled for April 9—12, 2003 and will be held in Detroit, Michigan. Ms. Chung, Justice Johnson and Justice Smith will be attending the Consortium. Time and funding allowing, chairpersons of each sub-committee may send one representative to the conference.

Commission Reappointment and Appointment

Commission Members

Justice Smith stated that terms of appointment for Judge Ricardo S. Martinez, Judge LeRoy McCullough and Ms. Mary Campbell McQueen had expired in 2000. They have been serving the Commission while out of compliance with the Order of Renewal. Justice Smith also, since retiring from the Supreme Court, needed to be appointed to the Commission. In addition, Judge William W. Baker’s term had expired in December 2002. Justice Smith reported that action was taken at the Executive Committee meeting to recommend to the Supreme Court for reappointment retroactively, reappointment, and appointment of the following persons:

Reappointment Retroactively (January 1, 2000 to December 31, 2004)

Judge Ricardo S. Martinez

Judge LeRoy McCullough

Ms. Mary Campbell McQueen

Reappointment (January 1, 2003 to December 31, 2006)

Judge William W. Baker

Appointment

Justice Charles Z. Smith, Retired

Technical Support Members

Justice Smith stated that according to the Order of Renewal of the Commission, Technical Support members serve a one-year term which may be renewed by the Commission. After inquiring with the Technical Support members, the following have expressed a desire to continue and action was taken at the Executive Committee meeting to reappoint the following persons:

Reappointment (January 1, 2003 to December 31, 2004)

Jeffrey A. Beaver	Robert C. Boruchowitz	Ms. Madelyn Botta
Dean George S. Bridges, Ph.D.	Lonnie Davis	Larry M. Fehr
José E. Gaitán	Charles A. Jardine	Michael J. Killian
Judge Douglas W. Luna	Ms. Denise C. Marti	Judge Richard F. McDermott
Ms. Rosa M. Melendez	Tony Orange	Ms. Esther L. Patrick
Kenneth E. Payson	Judge Albert M. Raines	Ms. P. Diane Schneider
Judge Philip J. Thompson	Judge Vicki J. Toyohara	Judge Dennis D. Yule

Justice Smith also reported that action was taken to appoint three people to the Technical Support group. One was appointed after receiving a recommendation from a former Technical Support member and two were appointed after expressing to Ms. Chung a desire to be appointed to the Technical Support Group.

Appointment (March 31, 2003 to December 31, 2003)

Ms. Bonnie J. Glenn

Ms. Amalia Maestas

Judge Greg D. Sypolt

Budget Status Report

Ms. Chung stated that the budget summary included in the packet is based on expenditures through February 28, 2003 and projected expenditures by sub-committees through June 30, 2003. Ms. Chung reported that the Commission may anticipate an under-expenditure of $35,820 by June 30, 2003. The under-expenditure is the result of no research reports during the 2001-2003 biennium and two less education trainings by the Education Sub-committee. She reported that action was taken at the Executive Committee meeting, to the extent possible, to set aside limited funds for travel for five delegates, one from each sub-committee selected by the chairperson to the National Consortium in Detroit, Michigan in April 2003.

Ms. Chung also stated that the Workforce Diversity Sub-committee has spent more than what was originally allocated at the beginning of the 2001-2003 biennium. She reported that action was taken at the Executive Commission meeting to transfer $10,000 from the Research to Workforce Diversity sub-committee budget to offset the deficit.

Next Commission Meeting

The next Commission meeting has been tentatively scheduled for June 20, 2003.

Report of Sub-committees

Education

Judge Benton was unable to report on her sub-committee due to her early departure. Hence, her report from the Executive Committee is added for continuity.

Judge Monica J. Benton, Chairperson of the sub-committee, reported that the Judicial College presentations in January 2003 went very well with Judge Frank Cuthbertson and Judge Ken Kato presenting the “Impact of Diversity on the Courts” followed by “Cultural Competency in the Courtroom” presented by Ms. Benita Horn and Ms. Peggy Nagae.

The sub-committee is sponsoring a training titled, “Addressing Racial Disproportionality in the Juvenile Justice System,” with Judge Greg Sypolt taking the lead from Spokane County Juvenile Court. This is the second training in two years addressing cultural diversity issues that is being presented to Spokane County Juvenile Court.

The sub-committee is continuing to work on the annotated bibliography with Judge Anne L. Ellington, who has taken the lead on the project.

Evaluation and Implementation

Judge James M. Murphy, chairperson of the sub-committee, reported that the sub-committee discussed the scope of the “Pre-trial Release Guidelines” project related to Criminal Rule 3.2. The sub-committee proposed the following:

Phase one: retain a retired judge to develop a preliminary draft of “pre-trial release guidelines” for property and drugs.

Phase two: expand the release guidelines to all criminal charges.

Phase three: field test the release guidelines to determine its effectiveness.

Judge Murphy moved to retain Judge George Finkle, retired from King County Superior Court, in conducting the Pre-Trial Release Guideline study. Ms. Myrna Contreras seconded the motion. The motion passed unanimously.

Judge Murphy stated that the sub-committee reviewed and proposed changes to Criminal Rule 2.2, to consider issuance of summons in lieu of warrants. The sub-committee believes the use of warrants creates an undeserved criminal history generally precluding consideration of least restrictive treatment at the time of bail because warrant sends a message that the person is a flight risk and danger to society.

Judge Murphy moved to adopt the proposed changes to the CrR 2.2 and CrRLJ 2.2 submitted by the Evaluation and Implementation sub-committee and to submit the proposed changes to the Washington State Supreme Court for consideration. Ms. Myrna I. Contreras seconded the motion. The motion passed unanimously.

Research

Judge Kenneth Kato, Chairperson of the sub-committee, stated that he is working closely with Judge Murphy and Judge Fleck on the “Pre-Release Guidelines” project and moving closer to a new research project.

Outreach

Mr. Brian Tsuchida, Co-chairperson of the sub-committee, stated that the sub-committee is producing at least three newsletters a year. The next issue scheduled for distribution “Legal Education,” focusing on Washington State Law Schools and their diversity programs. it will contain articles from faculty and students.

Mr. Tsuchida reported that future themes considered for the newsletter are National Consortium/National perspective on diversity efforts; Juvenile in the Courts; and Immigrants in the Courts. Also, discussion ensued to recruit a graphic design student to enhance the visual appearance of the newsletter.

Workforce Diversity

Judge Deborah D. Fleck, Chairperson of the Workforce Diversity sub-committee stated that a limited printing of the Recruitment and Retention Manual was distributed at the 2003 Fall Conference and will be republished in a more professional format for distribution at the upcoming 2003 Joint Manager’s Conference and 2004 Presiding Judges Conference.

At the request of Judge Fleck, Judge LeRoy McCullough and Judge Dennis Yule conveyed their impressions on the Youth and the Law Forum held in Tri-Cities and sponsored by the Commission. They both agreed that the forum was enthusiastically received by both students and professional volunteers. Over 100 students attended and over forty professional volunteers consisting of judges, attorneys, police, probation, bailiff, court interpreter and reporter, and more, participated. Organizers of the forum all agreed that the goals of the forum were met: to build trust between students and those in the legal system; to share employment opportunities in the justice system; and to teach legal consequences of their actions; and has committed to hosting a Forum in 2004. The only drawback was the minimal number of students of color. All agreed that it is important to reach out to students traditionally underrepresented in the justice profession for the next forum.

Judge McCullough stated that Social Action Committee of AME is hosting a Youth and Law Forum in Seattle on April 26, 2003 and would like the Commission to be a co-sponsor of the event. Discussion ensued regarding co-sponsorship based on Social Action Committee’s mission: to build trust among students and the legal community and to teach legal consequences of their actions; and whether the Social Action Committee is willing to incorporate employment opportunities in the justice system consistent with Workforce Diversity Sub-committee forum goals. Judge McCullough moved to co-sponsor the Youth and Law Forum sponsored by the Social Action Commission by contributing up to $1000 towards the forum materials with the condition that the Social Action Committee incorporates employment opportunities in the justice system as one of its goals. Judge Murphy seconded the motion. The motion passed unanimously.

Judge Fleck asked Commission members to please submit suggestions for an opening speaker for the 2004 Judicial Conference. The sub-committee is committed to promoting diversity in the courts and believes it is important to sponsor a national speaker at the Fall Conference if at all possible every other year. Justice Xavier Rodriguez, Texas Supreme Court, was the opening speaker at the 2002 Fall Conference.

Judge Fleck stated that the King County Bar Association Glass Ceiling Task Force is hosting a CLE forum and providing a Resource Manual for Legal Employers at the Seattle University in Seattle on May 21, 2003 and is seeking co-sponsorship from the Commission. Co-sponsorship would entail endorsement of the event, use of the Commission’s name in their printed materials and contribution of $2,500 towards their resource materials. After much discussion, it was decided that the Commission would support the event but not contribute funds. Judge Doug Luna moved to send a letter stating the Commission’s support for the Glass Ceiling Task Force’s CLE forum and permit the Task Force to list the Commission as one of the co-sponsors. Judge Fleck made a friendly amendment to send a copy of the Commission’s guide “Building a Diverse Court: A Guide to Recruitment and Retention” and permit the Task Force to reproduce the guide if desired. Judge McCullough seconded the motion with the friendly amendment. The motion passed unanimously.

Adjournment

The meeting adjourned at 1:30 p.m.