Members absent: Judge Christine Cary and Judge Karen Seinfeld

Guests present: Mr. Jim Bamberger and Mr. Scott Smith

Staff present: Mr. Gil Austin; Mr. Rick Coplen; Ms. Jude Cryderman; Mr. Doug Haake; Mr. Victor Moore; and Ms. Yvonne Pettus

Call to Order

The meeting was called to order by Chief Justice Gerry Alexander, chair.

Introductions

Chief Justice Alexander asked that attendees introduce themselves.

Summary of Last BJA Meeting

It was moved by Judge Kurtz and seconded by Judge Roewe to approve the minutes of the April 20, 2001 meeting as published. The motion passed unanimously.

New Business

Judge Harris advised the Board it has been 10 years since the previous judicial retirement plan was initiated. He indicated the need to review the judges' retirement plans.

It was moved by Judge Harris and seconded by Judge Roewe to create a broad-based judicial retirement task force to address the retirement needs of all judges in the state. The motion passed unanimously.

Ms. McQueen reported she had contacted retired Judge Swayze regarding his participation (chaired prior effort). She continued that Jerry Allard, State Actuary should also be involved in discussions.

Any suggestions for membership should be submitted to Chief Justice Alexander.

Civil Change of Venue

Judge Harris stated that any costs associated with processing a case when a change of venue in civil cases is granted are transferred to the receiving court. He continued, a much more equitable solution would be for the moving court to bear the total cost.

Judge Harris was requested to have the SCJA review and provide more specific recommendations to the BJA.

It was moved by Judge Harris and seconded by Judge Roewe to request the BJA to undertake a study of issues relating to the funding of civil change of venue cases and the impact on judicial resources. The motion passed with a vote of 8 yeas and 4 nos.

The meeting briefly adjourned while a delegation attended the Salary Commission meeting. The meeting was reconvened.

Chief Justice Alexander reported the delegation was well received at the Commission meeting. The Chief briefly recapped the Commission meeting.

BJA Issues Related to BJA Bylaws

Mr. Coplen directed attention to the proposed change to Article III of the Bylaws.

Judge Kessler recommended postponing the election of member-chair until the July meeting. Judge Kessler stated, a two-year term as member-chair. was unnecessary.

It was moved by Judge Kessler and seconded by Judge Kurtz to postpone the election of the member-chair until July.

Judge Harris explained the two-year term originated with the Justice, Efficiency and Accountability (JEA) Commission in a effort to provide continuity to the Board. JEA did not want association presidents to be eligible for the member-chair position, but rather that person be elected from BJA's general membership.

Judge Riehl stated he felt it necessary for the member-chair to have the ability to disassociate him/herself from their association. The perception of the BJA is that it's the creation of the Chief Justice. Further, it is essential for the BJA to continue speaking with one voice.

Judge Roewe also state the President-Judges (PJ) should not serve as the member-chair of the Board. The PJs are the voice of the association, while the other four representatives are not part of the association board, but represent the general membership. He continued, the member-chair should serve a two-year term to provide for the balance of power.

Judge Roof stated, he agreed with Judge Roewe and once staggered terms are completed and refilled, all members will have four year terms. He continued, he'd hate to see modifications made for a specific judge.

The Board continued discussions regarding the member-chair position.

Judge Kessler requested a "straw vote" be conducted before making a motion to go forward with the motion. Vote showed the motion would fail.

Judge McSeveney withdrew his name from the members eligible for election to the member-chair position.

Judge Harris made a motion to nominate Judge James Riehl to the position of member-chair. Judge Hogan moved to close nominations, Judge Baker seconded the motion. Judge Riehl was unanimously elected to the position of member-chair.

Personal Umbrella Insurance

Mr. Coplen reported that Allied Insurance had offered to reinstate Judge Leopold's insurance. Allied Insurance will be reviewing on a case by case basis those insureds who are judges rather than declining them outright.

Executive Committee

Chief Justice Alexander reported the committee has been inactive during the past few weeks.

Best Practices

No report

Legislative Update

Mr. Moore provided a written update on the legislative budget and legislation of interest to the courts. He advised, the legislature will not complete the budget in time, so will have to extend the special session.

Mr. Moore stated the portability legislation will be on the November ballot. The Attorney General's office will write the ballot title.

The Senate is proposing an increase to $25 for jury service, while the House is proposing $15 plus funding juror's parking.

Mr. Moore reported that JIS will receive $5 million of the revised $7.9 million requested. A proposed $2 increase to the current $10 dedicated traffic infraction penalty is expected to general $5 million for JIS.

Long-range Planning

Mr. Coplen reported an organization meeting will be held immediately following the June 10 BJA meeting. Judge Riehl, as member-chair, will assume the role as chair of the Long-range Planning Committee.

Portability Constitutional Amendment

Ms. McQueen said an effort will be made to create a PAC to assist with getting the constitutional amendment passed at November's election.

Mr. Peterson stated the Bar will assist in the effort to get the constitutional amendment passed.

Presiding Judges Conference

Ms. McQueen reported several counties do not have any registrants for the presiding judges conference. Currently, 51 judges and 33 court managers are registered.

Access to Justice

Mr. Smith reminded the board of the ATJ annual conference June 8, 9 and 10 in Wenatchee. All members are invited to attend.

Mr. Smith stated, ATJ will continue in their efforts to obtain stable, permanent, long-term funding for legal services. He continued, although money had not been approved for the legal needs study, it remains the Board's key goal for next year.

Mr. Bamberger stated there is an emerging concensus on the ATJ Board that it is essential to build the relationship between BJA and ATJ.

Judge Roewe pointed out that representatives from the SCJA and DMCJA are separate from Judge Tripp's liaison to BJA. He also expressed that ATJ should work with DMCJA more closely than in the past.

Mr. Smith responded that ATJ holds open meeting. All court levels are encouraged to participate. He said he would take to the Board the creation of permanent liaisons with SCJA and DMCJA.

Public Trust and Confidence Committee

Written report provided.

Jury Implementation Committee

Written report provided.

Washington State Bar Association Report

Mr. Peterson reported two seats have been created on the Board to increase diversity. These positions will be at-large-statewide, with the election being held in September.

Mr. Peterson advised the next president following Dale Carlisle is Dick Manning of Seattle.

Mr. Peterson reported he had recently traveled to Washington, DC with Mr. Carlisle. The delegation visited Washington's congressional members in an effort to secure funding for the Legal Services Corporation. He continued, a solid commitment of support was received from every delegate, except Doc Hastings did not commit.

Mr. Peterson said the Bar is exploring the possibility of conducting another conference, possibly in 2005, in conjunction with the annual judicial conference and the annual ATJ conference. The Bar would require a commitment of 300 judges and 300 ATJ members, along with 1,000 lawyers before going forward with the plans. The Bar is planning to hold this conference in King County.

Other Business

There being no further business, the meeting was adjourned.

Respectfully submitted,

Jude Cryderman