Minority and Justice Commission
Evaluation and Implementation Sub-Committee Meeting
Friday, June 22, 2001, 10:30 a.m.
@ The Office of the Public Defender
810 Third Avenue, Eighth Floor, Seattle
Members present: Judge James M. Murphy, Chair, Robert C. Boruchowitz,
Ms. Erica S. Chung, and, by conference call, Judge Deborah D. Fleck
Members not present: Judge Kato and Leana Lamb
Guests: Ms. Kay-C Lee, Lisa Duggard, and Leo Hamaji with the Office of the Public Defender, Maureen ?, Wendel Jones, Kelly Scott, Paul Margaret, and ? , interns for the Office of the Public Defenders.
Meeting was called to order by Mr. Boruchowitz at 10:30 a.m.
- Review of Rule 3.2 Changes
Judge Murphy gave an update on the current status of the Superior Court Criminal Rule (CrR) 3.2. The Supreme Court Rules Committee Chaired by Justice Johnson submitted the proposed changes to Superior Court Rules Committee (SRC) where it received a lot of comments. Judge Murphy suggests meeting with Sam Coza, Chair of SRC, to resolve differences or concerns, then meeting with Justice Johnson to discuss if further review and comments are needed before CrR 3.2 can be adopted. Judge Murphy is optimistic that it will be resolved by fall.
- Possible training on 3.2 for new judges through Minority and Justice Commission
Mr. Boruchowitz and Judge Murphy both agree that it is important for new judges to understand his/her responsibilities in regards to 3.2 and bond in the criminal justice system. Believe Judge Mamiya was invited by the Judicial College to provide an informational presentation on 3.2 in addition to the regularly allocated time slot for Minority and Justice Commission Diversity training. Proposes setting up a meeting between Judge Mamiya, ? , Judge Benton, Chair of Education Sub-committee, and Evaluation and Implementation Sub-committee to discuss possible program.
- Review of Kennedy School Report, recent Commission-sponsored reports on disparity in sentencing, consideration of implications of these reports for Commission work
Lisa Duggard gave an analysis of the Kennedy School Report, which is based on the Commission-sponsored qualitative report from 1999. Discussed its recommendations and its shortcomings. The members present discussed some of the areas that need further follow up and potential projects for the Research Sub-committee.
- Arrest profiles: Review arrest records of specific narcotics versus general offender population by race. Review user rate by race and who delivers drugs by race. The arrest rate of Seattle Police Department's (SPD) narcotics have stayed the same for the past 10 years while arrest rate in general has decreased in the same time. Citizen complaint rates have also decreased in the last 8 years, yet bust/arrest has stayed the same. SPD state bust operation based on complaint. Based on statistical information, complaints do not adequately explain bust operation. Another issue is whom do the SPD listen to more in terms of complaint location.
- Cost analysis: review cost of police busts/raids vs. community policing. Review cost of using drugs on users and public.
- Pilot project: community policing instead of coordinated drug busts. If quality of life is the issue then deterrence makes more sense than police busts/arrests. Community policing would also thwart or preclude other crimes.
- Discuss Leviner and other cases involving exceptional sentences related to racial disparity, discuss possible proposed amendments to SRA.
Ms. Kay-C Lee gave an overview of Leviner and Clary cases in the federal courts, which addresses statutorily mitigating factors in sentencing. Although this was in the federal courts, it is relevant in the sense that the state has multiple offense language, which is problematic. Members present decided to develop some language to submit to the Sentencing Guideline Commission. The language will not limit or replace the current language but amended to provide enough latitude for broader discretion. Leo and Lisa have been assigned to draft the initial language in consultation with Judge Fleck. After the amendment have been drafted; will share with Racial Disparity Project in mid July for input. Changes will be made based on input. Once approved by all, it will be submitted to the Minority and Justice Commission for review and comments. Once changes have been incorporated and endorsed by Executive Committee or Commission, it will be forwarded to the Sentencing Guideline Commission. Judge Murphy recommends seeking input from Dave Brener with the Sentencing Guideline before it is submitted to the Sentencing Guideline.
Lisa Duggard and Leo Hamaji
Draft amendment to multiple offense guideline?
Judge James M. Murphy
- Set up a meeting between Sam Coza and Bob Boruchowitz and Judge Murphy regarding CrR 3.2.
Erica S. Chung
- Set up a meeting between Evaluation and Implementation Sub-committee and Judge Monica J. Benton, Education Sub-committee Chairperson, and Judge Ron A. Mamiya regarding CrR 3.2 training.
- Set up a meeting between Evaluation and Implementation Sub-committee and Judge Kenneth H. Kato, Research Sub-committee Chairperson, to discuss potential Commission-sponsored projects.
Next Evaluation and Implementation Sub-committee meeting
Friday, August 31, @ 12:30 p.m @ Bob Boruchowitz's Office (same location).
Invite Judge Kenneth H. Kato and Brian A. Tsuchida (or Tom Hillard) to discuss SRA project.