Minority and Justice Commission
Meeting Minutes

WASHINGTON STATE MINORITY AND JUSTICE COMMISSION

MINUTES OF COMMISSION MEETING

Seattle Justice Center

600 Fifth Avenue, Seattle, Washington

Friday, April 30, 2004, 10:30 a.m.

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 10:30 a.m.

Present at the meeting were Justice Charles W. Johnson, Justice Charles Z. Smith (Retired), Ms. Myrna I. Contreras, Judge Ronald E. Cox, Lonnie Davis, Larry M. Fehr, Judge Deborah D. Fleck, Ms. Bonnie Glenn, Ms. Yemi Fleming Jackson, Judge Richard A. Jones, Judge Douglas W. Luna, Judge Ron A. Mamiya, Judge LeRoy McCullough, Judge James M. Murphy (Retired), Ms. P. Diane Schneider, J.D. Smith, Judge Greg D. Sypolt, Judge Vicki J. Toyohara, Judge Dennis D. Yule, and Ms. Erica S. Chung.

Persons not in attendance with excused absences were Jeffrey A. Beaver, Judge Monica J. Benton, Robert C. Boruchowitz, Dean George S. Bridges, Ph.D., Dean Donna Claxton Deming, Ms. Lourdes Fuentes, Judge Donald J. Horowitz (Retired), Charles A. Jardine, Judge Kenneth H. Kato, Ms. Amalia Maestas, Ms. Denise C. Marti, Judge Ricardo S. Martinez, Judge Richard F. McDermott, Jr., Ms. Mary Campbell McQueen, Ms. Rosa M. Melendez, Judge Maryann C. Moreno, Tony Orange, Kenneth E. Payson, Jeffrey C. Sullivan, Judge Mary Alice Theiler, Judge Philip J. Thompson (Retired), and Brian A. Tsuchida.

Acknowledgement

Justice Charles Z. Smith thanked Judge Ron A. Mamiya for hosting the Commission meeting at the new Seattle Municipal Court Building (Seattle Justice Center).

Minutes

Justice Smith reported that the minutes of the January 30, 2004 Executive Committee and Commission meetings, held in the Northwest Justice Project (NJP) conference room at 401 Second Avenue South in Seattle, were approved during the Executive Committee meeting subject to necessary editorial revisions.

January 30, 2004 Community Forum

Justice Charles Z. Smith stated that the transcripts from the January 30, 2004 Community Forum are provided in the Commission packet.

The National Consortium on Racial and Ethnic Fairness in the Courts

Justice Smith reported that the2004National Consortium meetingwas held April 14-18, 2004 at the Washington Court Hotel, Washington, D.C. He statedthat the Washington State Minority and Justice Commission is one of three (New York, New Jersey, and Washington State) original Commissions that established the National Consortium on Racial and Ethnic Fairness in the Courts. There are approximately 37 Commissions active in the nation. Justice Smith asked Ms. Myrna Contreras, Justice Johnson, and Ms. Erica Chung, who attended the National Consortium, to give a brief report of their experiences at the conference.

Justice Johnson stated that the first day of the conference was devoted primarily to discussions and the sharing of ideas on issues at the national level related to legal representation for people of color both in the civil and criminal arena. Justice Johnson felt that the panels were put together with a great deal of thought. He reported that the second day was devoted to Brown vs. Board of Education and its historic significance. He announced that the Washington State Supreme Court will be participating in an edited reenactment of Brown at the University of Washington in Seattle on May 17, 2004 at 4:00 pm in Kane Hall, in which he will be participating.

Justice Smith stated that Chief Justice Ronald T.Y. Moon from Hawaii fell off some stairs and was not able to participate in the Chief Justice’s Vision Panel. Fortunately, Chief Justice Moon only suffered minor injuries and Justice Johnson was conscripted to substitute for him on the panel.

Ms. Contreras stated that the theme Brown vs. Board of Education was touched upon in several areas. All of the sessions that she participated in were well done, particularly one moderated by Professor Angela Davis, which focused on how people of color may receive equal representation in criminal and civil courts. She stated that the luncheon speaker was Kurt L. Schmoke, Dean of Howard University School of Law, and he spoke about Brown vs. Board of Education and how it affected him and his family.

Ms. Contreras reported that Justice Smith was presented with a silver plate as the 2004 Distinguished Service Award recipient from the National Center for State Courts. The award is presented annually to a state appellate court judge who has made long standing contributions to the improvement of the justice system and who has supported the mission of the National Center. The award was presented by Judge Roger Warren, President of the National Center for State Courts.

Ms. Contreras stated she attended several sessions during the conference. She was surprised to find out there were cases preceding Brown vs. Board of Education that involved Hispanic children. A particular case in Orange County, California involved a Hispanic child who was denied access to an all white school. The case took place five years before Brown.

Another session she attended discussed the provisions of dispute resolution and how to make sure it is more diverse within the court system. Ms. Contreras stated that this is a fairly new area in most court systems. In Yakima County, the family courts are talking about making mediation mandatory which is already mandatory in King County. Ms. Contreras felt that there are not enough qualified bilingual individuals to make that a viable option in Yakima County and that the discussion during that conference session gave her better insight to other possible problems and solutions.

Ms. Chung reported that she found the conference very educational. She felt that this conference was more focused on the National Consortium than past conferences, which have been held in conjunction with state conferences. This conference had more judges in attendance. She found that many of the topics discussed coincided with the issues being addressed here in Washington State, for example the Civil Legal Needs Study and workforce diversity. She stated that one session that was particularly interesting dealt with collateral consequences of incarceration and arrest. She was surprised to find that there are many barriers people encountered upon release.

Justice Smith reported that the next National Consortium Conference will be in April 2005, in Atlanta, Georgia.

Highlights

Justice Smith directed the Commission members to the “highlights” section of their Commission packets. He congratulated Judge McCullough for receiving the William Nevins Award at the Fall 2003 Judicial Conference in Tacoma for his work in youth education programs over the years, specifically for his role as founder of the Seattle’s Youth and the Law Forum in 1990 and its continuation to date. Larry M. Fehr received the Norman F. Chamberlain Leadership Award in 2003 from Pioneer Human Services where he holds the position of Senior Vice President of Community Corrections. The award recognizes his leadership and significant contributions he has made in 2003 to the attainment of Pioneer Human Services’ goals and mission.

2003 Annual Report

Justice Smith asked that sub-committee chairpersons submit reports for the 2003 Annual Report if they have not done so already. He reported that artwork for the 2003 Annual Report has been obtained. A mural at El Centro de La Raza will be used and permission from Roberto Maestas, founder and executive director ofEl Centrode La Raza, has been given to use the Alejandro Canales-inspired mural. The mural conveys clearly and colorfully the concept of inclusiveness and diversity. Justice Smith stated that members of the Commission may submit artworks for future projects such as the 2004 Annual Report.

Commission and Technical Support Membership

Justice Smith reported that Ms. Mary Campbell McQueen has accepted a position as President of the National Center for State Courts and will be leaving the Commission. He hopes the vacancy in the Commission will be filled by her successor.

Ms. Yemi Fleming Jackson has accepted membership to the Technical Support Group. Her father, Senator George Fleming, was one of the legislators that instigated the original Minority and Justice Task Force in 1987. J.D. Smith has also agreed to join the Technical Support Group. He recently assumed the position of President of the Young Lawyers Division of the Washington State Bar Association.

Justice Smith stated that he has asked the executive directors of the ethnic commissions to join the Technical Support Group. Their membership will not be based on their position, so they may continue as Technical Support Members even after they leave their position as executive director. Letters of invitation were sent to:

Ms. Regina J. Jones — Washington Commission on African American Affairs

Ms. Ellen Abellera — Washington Commission on Asian Pacific American Affairs

Antonio M. Ginatta — Washington Commission on Hispanic Affairs

Ms. Kyle Taylor Lucus — Governor’s Office of Indian Affairs

Judge Fleck stated that she has submitted a letter recommending Ms. Brenda Williams to the Technical Support Group.

Justice Smith stated that a recommendation was made to appoint Administrative Law Judge Rhonda Brown, Employment Security Department. He stated that he is following up with her to determine if she is able to participate. He also reported that Judge Frank Cuthbertson, Pierce County Superior Court, has been asked to serve on the Commission.

Report of the Budget

Ms. Erica Chung, Executive Director, reported that the commission is allocated $314,000 per biennium. According to the budget projection and spending by sub-committees and administration, the Commission will, at the end of the biennium June 2005, have a thousand to two thousand dollars unexpended.

Future Commission Meeting Schedule

Ms. Chung announced the Commission meeting schedule is as follows:

July 30, 2004 at the Barbieri Courtroom, located inside the Gonzaga Law School, 721 North Cincinnati, Spokane, Washington. There will be a Community Forum and a reception following the Commission meeting. The Outreach Sub-committee will work with Judges Sypolt and Murphy in planning the reception. The purpose of the reception is for judges to meet with community members and students.

October 29, 2004 in Seattle hosted by Kathleen Mary Thompson (Judge Thompson‘s daughter) at Gardner, Bond, Trabolsi, St. Louis & Clement, 2200 Sixth Avenue, Suite 600, Seattle, Washington.

Report of the Sub-committees

Education Sub-committee

Judge LeRoy McCullough, Chairperson of the Education Sub-committee, reported that the sub-committee is proposing a session on the foster care system and the impact on children of color for the Fall 2004 Judicial Conference which is to be held September 19 to 22, 2004 in lieu of the movie proposal, Antwone Fisher, which deals with the foster care system.

He reported that the cultural diversity presentation at the 2004 Judicial College received high marks on the evaluations from the judges. The presentation was led by Achievement Architects North consultants Ms. Peggy Nagae and Ms. Benita Horn, and Judges Kenneth H. Kato and Frank Cuthbertson. The sub-committee discussed the need to get additional judges of color to participate as presenters at the Judicial College program — relief should be provided for those who have already participated. He stated that any new presenters will be required to go through the faculty training program at the Judicial College.

The sub-committee discussed the topic of collateral consequences of incarceration. This endeavor will be led by Judge Richard A. Jones and Lonnie Davis. The sub-committee will examine negative impact on future employment, voting, and immigration status for persons of color who have been incarcerated and to what extent are these impacts adversely affecting persons of color at a disproportionate rate.

Evaluation and Implementation Sub-committee

Judge James M. Murphy, Chairperson of the Evaluation and Implementation Sub-committee, reported that the sub-committee presented an educational session regarding changes to Criminal Court Rule 3.2 on April 26, 2004 at the Spring 2004 Superior Court Judges Conference. Judge Murphy, Judge Fleck, Jeffrey A. Sullivan and Robert C. Boruchowitz participated as presenters. Ms. Chung prepared their PowerPoint presentation.

Judge Murphy reported that proposed changes to Criminal Court Rule 2.2(b)(2) have been made and submitted to the Washington State Supreme Court Rule Committee in March 2004. This will encourage the use of summonses rather than warrants to notify defendants to appear in court.

Judge Murphy stated that the sub-committee will work with the Research Sub-committee on a field study of Criminal Court Rule 3.2. The study will evaluate the changes made and help to develop more useful educational tools.

Outreach Sub-committee

Ms. Myrna I. Contreras, Co-chairperson of the Outreach Sub-committee, reported that the next newsletter will focus on the National Consortium Conference and the subject of Brown vs. Board of Education. The tentative release date for the newsletter will be in August. The Sub-committee has decided to publish only two newsletters per year due to time and budget constraints. The following issue will cover the community forums held this year and include the Youth and Justice Forum activities.

Ms. Contreras reported on outreach activities. She stated that she along with many Commission members attended the Washington State Bar Association Board of Governor’s Listening Session. Next the Sub-committee is planning a reception in conjunction with the July 30th Commission meeting.

Research Sub-committee

Larry Fehr, substituting for Judge Kenneth Kato, Chairperson for the Research Sub-committee, reported that Judge Kato and Ms. Chung attended the Judicial Detention Alternative Initiative (JDAI) stakeholder meeting on Friday, March 19, 2004 in Seattle. The meeting was attended by five counties that are or are interested in implementing JDAI. The purpose of attending the meeting was to determine how the sub-committee may collaborate on a statewide research project. It was determined that JDAI may not be an appropriate project at this time.

The Research Sub-committee has decided to develop a Request for Proposal (RFP) to conduct a field study of Criminal Court Rule 3.2. Because this is a large project, the costs may exceed the $5000 allotted in the Research Sub-committee’s budget, so some financial help from the Evaluation and Implementation Sub-committee might be necessary.

Mr. Fehr also reported that the Sub-committee will produce a RFP on the research topic of collateral consequences of incarceration.

Workforce Diversity Sub-committee

Judge Deborah D. Fleck, Chairperson of the Workforce Diversity Sub-committee, reported that the Native American Youth and Justice Forum is scheduled for October 15, 2004. She suggested that to ease the burden for Judges Jones and McCullough, who have spear-headed the Youth and Justice Forums, a manual should be developed, a “how to” book or a blueprint on how to organize a Forum. J.D. Smith and Ms. Bonnie Glenn have volunteered to develop such a manual. The time frame for this project is 2 to 3 months with the deadline for completion projected for the end of 2004. The manual could possibly be in CD or Video format.

Judge Fleck reported that Judge Patricia Clark and Kathy Cooper Franklin presented “A Smart Court is a Diverse Court” at the Spring 2004 Presiding Judge’s Conference. For the upcoming Administrative Law Judges training on September 9, 2004, Judge Fleck stated that Ms. Sheryl Willert will be asked to present if available.

Judge Fleck announced that the sub-committee has secured Dennis Archer, President of the American Bar Association, as the keynote speaker for the Fall 2004 Judicial Conference.

She reported that Kenneth E. Payson, Vice Chairperson of the sub-committee, and some of the newer members on the sub-committee will work on the externship program.

Judge Fleck stated that the sub-committee will produce a manual to assist attorneys of color to become judges. The purpose is to increase diversity on the bench. Ms. Bonnie Glenn and Ms. Yemi Fleming Jackson have volunteered for the project.

A request was received from the WSBA Bar Leaders to participate in a choice session regarding workforce diversity at the Access to Justice Bar Leaders Conference on June 12, 2004 in Yakima, Washington. The Sub-committee accepted the request and will work with the planners.

Other Business

Judge Douglas W. Luna, Associate Judge for Central Council Tlingit and Haida Indian Tribes of Alaska, announced that the Federal rules for the tribes doing child support cases from the state have been published. Tlingit and Haida have asked for a quarter of a million dollars. Some tribes doing child support cases from the state from referrals are very concerned about the quality of the decisions that are coming out relating to the service of process especially relating to default divorces. Notwithstanding the Federal requirements for full faith and credit there are some attorneys that are not willing to argue full faith and credit because the notice for default divorce was never served by a Federal officer or a Tribal officer.

Ms. P. Diane Schneider, Conciliation Specialist for the Community Relations Service, stated that her agency contracted with a training agency from the east coast to provide training on Middle Eastern cultures. Community Relations Service will be presenting a pilot morning session at the Criminal Justice Center on June 3, 2004 and then in the afternoon the agency will be training the trainers, some of the local Arab, Muslin and Sikh people to be able to present this program. Ms. Schneider asked if the Commission members would like to send someone to this training; she would be happy to forward their information on to the correct people.

Ms. Bonnie Glenn, Deputy Prosecuting Attorney for King County, announced that the Loren Miller Bar Association will be celebrating Brown vs. Board of Education throughout the month of May. There will be a presentation on May 10, 2004 which Judge Jones will be participating in and on May 17, 2004 is a re-enactment of the Brown vs. Board of Education at Kane Hall Room 130, University of Washington, starting at 4:00 p.m. and ending at 6:00 p.m. The entire Supreme Court of Washington will be playing the Warren Court. Attorney Lembhard Howell will play Thurgood Marshall and Judge John Coughenour will be playing Attorney Davis. Judge Monica Benton will be part of the program. Ms. Constance L. Proctor will be the M.C. and Dave Burman will give the historical perspective.

Adjournment

The meeting was adjourned by Justice Charles Z. Smith at 1:00 p.m.

CORRECTION

to

WASHINGTON STATE MINORITY AND JUSTICE COMMISSION

MINUTES OF COMMISSION MEETING

April 30, 2004

Mr. Larry Fehr made a report of the sub-committee’s activities to the Commission. The minutes inaccurately captured the report stating that “the Research sub-committee has decided to develop a Request for Proposal to conduct a field study of Criminal Court Rule 3.2 and… the sub-committee will produce a RFP on the research topic of collateral consequences of incarceration.” It should be noted that the issue of collateral consequences of incarceration is a project being pursued by the Education sub-committee and is reflected in the minutes of the April 30, 2004 meeting. Furthermore, it should be clarified that Mr. Fehr reported that the Evaluation and Implementation sub-committee suggested a “field study” of Criminal Court Rules 3.2.

The correct language should read as follows:

Research Sub-committee

Larry Fehr, substituting for Judge Kenneth Kato, Chairperson for the Research Sub-committee, reported that Judge Kato and Ms. Chung attended the Judicial Detention Alternative Initiative (JDAI) stakeholder meeting on Friday, March 19, 2004 in Seattle. The meeting was attended by five counties that are or are interested in implementing JDAI. The purpose of attending the meeting was to determine how the sub-committee may collaborate on a statewide research project. It was determined that JDAI may not be an appropriate project for the Research sub-committee at this time.

Mr. Fehr reported that the Evaluation and Implementation sub-committee has suggested a collaborative endeavor with the Research sub-committee to conduct a field study of Criminal Court Rules 3.2 to see if judges are following the new rule as intended. He further reported that the Evaluation and Implementation sub-committee projects the cost to exceed $5,000 necessitating a Request for Proposal (RFP) if the Research sub-committee accepts the project.