Members present:Chief Justice Gerry Alexander, chair; Judge James M.
Riehl, member-chair; Mr. Dale Carlisle; Judge Vickie Churchill; Judge Chris Culp; Judge Deborah Fleck; Judge James Gavin; Judge Robert Harris; Judge Stephen Holman; Judge Ronald Kessler; Judge Frank Kurtz; Justice Barbara Madsen; Judge Dirk Marler; Ms. Mary McQueen; Judge Robert McSeveney; Mr. Jan Eric Peterson; and Judge Karen Seinfeld

Members absent: Judge William Baker; Judge Christine Cary; Mr. Richard Eymann; and Judge Vicki Hogan

Guests present: Mr. James Bamberger; Ms. Jan Michels; and Judge Gregory Tripp

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

Chief Justice Gerry Alexander called the meeting to order.

Judge Marler made an amendment under "Municipal Court Judges Salary Issue," adding "some" to …He advised that some municipal court judges…. Judge Harris indicated "Access to Justice," in the first paragraph the conference location was incorrectly written as Chelan, it was changed to Wenatchee.

Ms. Ferrell present the new Washington Courts' logo. The logo has been simplified and modernized in an effort to be more representative of the state's courts. The image will be available for use by all committees, boards and commissions. Ms. Ferrell continued, the use of the new logo will begin the first part of September.

In response to an inquiry regarding the cost of redesigning the logo, Ms. McQueen advised the cost was approximately $2,300.

Chief Justice Alexander reported the Bar's Portability Committee, chaired by Kirk Johns of Seattle, created the draft statement in support of the portability bill. The Committee is scheduled to meet on July 24 to review the draft statement. The deadline for the final version of the statement is July 31.

Ms. Michels informed the Board of the creation of a political action committee (PAC), "Committee for Cost Effective Justice." The PAC has been soliciting local organizations in an attempt to raise funds in support of the portability effort. The PAC is chaired by Kirk Johns; Jan Michels is the treasurer and Gail Stone is staff. Ms. Michels inquired whether BJA would be willing to make a contribution to the PAC. The Board briefly discussed the use of BJA moneys in support of the PAC.

Mr. Moore reported the subcommittee members are:

Judge Mary Kay Becker, Court of Appeals

Judge Robert Harris, Superior Court

Judge John McCarthy, Superior Court

Judge Daniel Phillips, District Court

He indicated a conference call would take place to outline issues for the subcommittee's consideration.

Judge Harris inquired if a representative from the Bar should be added to the subcommittee. Mr. Peterson indicated the Bar will select their representative and that information forwarded to Mr. Moore.

Ms. McLane reported approximately 95 judges and court managers attended the second Presiding Judges Conference held in Olympia. Ms. McLane briefly reviewed suggestions for future programs received from attendees. She also provided feedback regarding information, techniques, tools that will be used upon return to attendee's courts.

BJA members made several suggestions for next year's conference, including:

Ms. McLane reported a number of comments had been received regarding the presiding judges' rule. Judge O'Connor and Judge Derr will revised the proposed rule. The rule will then be submitted to the Board for consideration.

Small Claims

Judge Culp reported the DMCJA rules committee was requesting the consideration of changes for small claims appeals (CRLJ 72, 75, new & 76A and RALJ 1.1). These rule changes are necessary because of legislation passed this session resulting from Project 2001 recommendations.

Suggested rule changes include:

• Small claims matters would no longer be reviewed on appeal by trial de novo to the superior court, but appeals would be afforded a new trial.

• Appeals of small claims are to be reviewed de novo by the superior court, but on the record made in district court.

Judge Culp requested that the rules be transmitted to the Supreme Court with the request for expedited consideration pursuant to GR 9.

The Board briefly discussed the proposed changes to the small claims rules. It was suggested that in lines 24 and 25 of CRLJ 75, "said" be changed to "the." The amended lines will read:

SaidThe electronic recording shall be made and certified by saidthe district court to be correct upon the payment of the fees allowed by law therefor.

Mr. Peterson reported the Supreme Court had recently adopted rules pertaining to the definition of the practice of law and the creation of the law practice board. The law practice board will include oversight of the Limited Practice Board currently administered by the Office of the Administrator for the Courts.

Mr. Peterson advised of a project with the broadcast media. KING television will have lawyers actually appear on camera discussing legal issues. This is schedule for the 6:30 p.m. time slot. In addition, the transcript will also appear on KING's web page.

Mr. Peterson advised the Board that Mr. Carlisle will become the Bar's President in September and Mr. Richard Manning is the President-elect.

Mr. Peterson reported the review of the rules for lawyer discipline is completed and the rules will be before the BOG for review the end of July.

In addition, the Bar is reviewing a tri-state agreement between Washington, Oregon and Idaho for practicing law. The reciprocity rule will allow those lawyers meeting the established requirements to practice in the three states.

Mr. Peterson reported two seats have been created on the BOG to increase diversity. Attorney members of the Bar interested in one of the new position must have their application in by August 1. The two positions will be at-large-statewide, with the election being held in September.

Judge Marler reported the Board for Court Education (BCE) is providing the draft of proposed GR 26-Continuing Judicial Education rule for BJA's consideration. Judge Marler reminded the Board that as a result of Project 2001 recommendations, they had charged BCE with making recommendations for the implementation of mandatory education requirements for judicial officers.

BCE approved proposed GR 26 at it June 20, 2001 meeting. Primary features include:

• All full or part-time appointed or elected judge officers shall complete a minimum of 45 credit hours of judicial education approved by BCE every three years;

• At least six credit hours for each three-year reporting period must be earned by completing programs in judicial ethics;

• Up to 15 excess credit hours (including no more than two judicial ethics credits) may be carried forward to the next reporting period;

• All new trial court judges must attend the Washington Judicial College within 12 months of appointment or election to their judicial office;

• A judicial officer who attends the college must attend again in his or her new capacity if the judge moved from a limited to general jurisdiction court or vice versa;

• Any judicial officer who has served less than four years at the time the rule takes effect must attend the Judicial College within 12 months of the adoption of the rule;

• BCE will establish and publish accreditation standards for CJE programs. Those standards will be based on whether the program enhances the knowledge and skills relevant to the judicial office;

• Each judicial officer will file an annual compliance report with OAC to help track his or her progress toward meeting the three-year requirement. BCE will send a reminder notice to judges who have not reported by April 15.

• OAC will publish and disseminate reports that identify the judges who comply with the CJE rule. These reports may include OAC's website, voter guides, or media releases;

• Failure to comply with the requirements is specifically exempted as a violation of the Code of Judicial Conduct that would subject a judge to a CJC sanction.

The Board discussed the proposed features of GR 26, specifically whether failure to comply should result in a sanction by the Commission on Judicial Conduct. It was pointed out that the issue of mandatory CJE without sanctions for non-compliance has been the topic of discussions for many years. Further, with lawyers sanctioned for non-compliance, how can the judicial explain they have no sanctions for non-compliance.

The Board briefly discussed amending section (e).

Written report provided

Mr. Moore advised the legislature is not inclined to consider any legislation but the transportation budget. There are no anticipated changes in the judiciary's budget.

Judge Riehl briefly reviewed the VAWA grant guidelines. He reminded the Board that $106,000 had been awarded for Washington State, allocated through the BJA. The Gender and Justice Commission will be administering that grant.

Judge Riehl continued, the group (Judge Riehl, Judge Kessler and Rick Coplen) reviewing grant guidelines ran across more issues than anticipated. They propose placing the grant guidelines with the Long-range Planning Committee.

Association Reports

No report

Judge Culp advised that Commissioner Brett Buckley, Thurston County District Court, had been diagnosed with a brain tumor. Commissioner Buckley had undergone surgery and is currently recuperating at Virginia Mason Hospital in Seattle.

Judge Culp continued there is concern about the standards for court appointed counsel in criminal cases. The standards are not applied in a consistent fashion for either of the trial court levels.

Judge Culp advised the Board that the DMCJA liaison to the Access to Justice Board will be appointed in October.

Judge Harris reported that Governor Locke has vetoed part of the "Becca" funding which resulted in approximately $3.3 million being lost for community placement beds.

Judge Harris advised the Board that the some portions of superior court orders requiring supervision, implementing drug treatment, mental health evaluations and other conditions of Judgment and Sentence are not being honored by the Department of Corrections. In an attempt to correct this situation, the SCJA introduced legislation, but the legislation was not given a hearing. Judge Harris emphasized the need for clear supervision of offenders upon release from jail. He advised the SCJA Legislative and Criminal Law Committee will continue to working on this issue in preparation of the 2002 legislative session.

Judge Harris reported he had met with Val Ogden regarding a funding base for courthouse construction. Needs are still being researched.

The SCJA will be designating a permanent liaison to the Access to Justice Board.

Judge Tripp advised the Board of an article in the Washington Journal on access to justice. That article will be included in the Judicial News.

Judge Tripp reminded the Board that one of the Project 2001 recommendations was a legal needs study. Judge Tripp advised the cost of the study is estimated at $100,000. Judge Tripp asked if OAC would be willing to contribute $50,000 toward the study. The Board agreed to set aside time on the next meeting agenda to further discuss this issue.

The Board agreed not to hold a meeting in August. They further agreed that the September meeting be an entire day.

The Board agreed to change November's meeting date to the 30^th. This will be a joint meeting with Court Management Council.

There being no further business, the meeting was adjourned.