Board for Judicial Administration
Members present:Chief Justice Gerry Alexander, chair; Judge James M.
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
Call to order
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.
It was moved and seconded to approve the minutes of the June 10, 2001 meeting as amended. The motion passed unanimously.
Washington Court Image Project
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.
It was moved and seconded to adopt the new logo for use by the Board for Judicial Administration. The motion passed unanimously.
Portability Status Report
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.
It was moved by Judge Harris and seconded by Judge Churchill to authorize up to $5,000 of BJA money to promote the portability initiative. The motion passed unanimously.
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.
Presiding Judges Conference
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:
More nuts and bolts sessions;
Separate tracks for small/large courts; and
Possible regional meetings
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.
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:
The appeals would follow the Rules for Appeals of Decisions in the Courts of Limited Jurisdiction, which allows for a review for errors of law.
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
It was moved and seconded to approve the court rule changes for small claims appeals (CRLJ 72, 75, new rule 76A and RALJ 1.1) as amended. Further, the Board is to transmit the court rule changes to the Supreme Court with a request for expedited consideration pursuant to GR 9. The motion carried.
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:
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.
It was moved and seconded to propose to the Supreme Court the adoption of GR 26, sections (a), (b), (c), (d) and (f). Section (e) would be eliminated.
The Board briefly discussed amending section (e).
A friendly amendment was made and accepted to remove "not," so section (e) would read:
(e) Delinquency. Failure to comply with the requirements of this rule shall
The amendment failed by a tie vote.
A friendly amendment was made and accepted to replace "shall not" with "may," section (e) would read:
(e) Delinquency. Failure to comply with the requirements of this rule
The amendment passed with a vote of 7 for and 5 against.
A friendly amendment was made and accepted to add "do not" to section (d), which will read:
. . .OAC shall publish a report with the names of all judicial officers who do not fulfill the requirements of sections (a) and (b) of this rule. . . .
It was moved and seconded to adopt rule as amended. The motion passed.
Best Practices Committee
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.
Grant Guidelines Committee
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.
It was moved and seconded to place the issue of general grant guidelines with the Long-range Planning Committee. The motion unanimously passed.
Court of Appeals
District and Municipal Court Judges' Association
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.
Superior Court Judges Association
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.
Access to Justice
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 30th. This will be a joint meeting with Court Management Council.
There being no further business, the meeting was adjourned.
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