Minority and Justice Commission
Meeting Minutes

Evaluation and Implementation Sub-committee meeting
September 19, 2001, 4:00 p.m.

Members participating: Judge James M. Murphy, Chairperson, Judge Deborah D. Fleck, Robert C. Boruchowitz, Brian Tsuchida, and Ms. Erica S. Chung

Members not participating: Judge Kato and Leana Lamb

Guests in Attendance: Ms. Kay-C Lee and Ms. Lisa Daugaard with the Office of the Public Defender.

Meeting was called to order by Mr. Boruchowitz at 4:00 p.m.

Status Report of SRA project
There was commitment at the last meeting to draft two versions of proposed amendments--direct and indirect reference to inclusion of race as a factor in mitigating sentencing.  It was reported that no progress has been made.  Ms. Daugaard and Ms. Lee was volunteered to provide two versions for review prior to the next meeting on Friday, September 28.

Judge Murphy met with Judge Donahue, Sentencing Guidelines Commission.  Judge Murphy stated that Judge Donahue is very excited about the project and is looking forward to seeing the proposed amendments when finalized.

Status Report of Court Rule 3.2
Judge Murphy stated that the Board for Judicial Administration (BJA) has received the proposed amendments to Superior Court Criminal Rule (CrR) 3.2.  BJA will review and make a recommendation to the Washington State Supreme Court Rules Committee whether it should be published for comments.  If it receives a favorable recommendation, 3.2 will be placed on the Supreme Court Rules Committee agenda in November 2001.   Then the Supreme Court Rules Committee will decide if 3.2 should be published for comments in January 2002 until April.  If 3.2 is adopted after the public comments period with the changes, it will be published in July and become effective in September 1, 2002.

Possible training on 3.2 at Judicial College
Judge Murphy has a meeting scheduled with Judge Worswick, one of the Deans of the Judicial College.  He hopes to discuss inclusion of a woman judge of color in the program and training of 3.2.  Will report back at the next meeting.

Potential Research Projects
Judge Murphy and Erica Chung both reported that Judge Kato is interested in undertaking a research project.  Next step is to meet with Judge Kato to discuss what projects he would like to engage for the next two years. Possible projects are:
-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.
-Develop a video presentation of proposed changes to Court Rule 3.2 to be used as a training mechanism for the courts. Bail guidelines related to

Action Items
Bob Boruchowitz
Draft letter to submit to Commission
regarding proposing amendments to
RCW 9.94A.390

Lisa Daugaard and Leo Hamaji
Revise the draft proposed amendment to exceptional sentencing (mitigating sentencing) guideline RCW 9.94A.390 under Sentencing Reform Act of 1981.

Judge James M. Murphy
- Meet with Judge Worswick regarding an hour program. Will seek inclusion of a woman judge of color and CrR3.2 training.
- Set up meeting with Judge Hahn regarding inclusion of CrR3.2 under the criminal law training.

Erica S. Chung
-Follow up with Nancy Sullins regarding status of 3.2
- Transmit notes from August 31 and September 19

Next Evaluation and Implementation Sub-committee meeting
Friday, September 28, 1:30 p.m. to 3:00 p.m. (up to 5:00 p.m.). King County Courthouse, 516 Third Avenue, small conference room on the second floor “C2-01” under the name of the Minority and Justice Commission. Invite Judge Kenneth H. Kato and Brian A. Tsuchida to discuss SRA project.