Board for Judicial Administration
Temple of Justice
February 22, 2002
Members present: Chief Justice Gerry Alexander, chair; Judge William Baker; Mr. Dale Carlisle; Judge Vickie Churchill; Judge Chris Culp; Judge Deborah Fleck; 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; Judge James Riehl, Member-chair; Judge Karen Seinfeld
Members absent: Judge Christine Cary; Judge James Gavin; Judge Vicki Hogan
Guests present: Judge Greg Tripp, Ms. Betty Gould, Thurston County Clerk; and Ms. Rena Hollis, Skamania County Clerk, Judge Greg Tripp
Staff present: Mr. Gil Austin; Mr. Rick Coplen; Ms. Jude Cryderman; Mr. Doug Haake; Ms. Janet McLane; Mr. Victor Moore; and Ms. Yvonne Pettus
Call to Order
The meeting was called to order by Chief Justice Alexander, chair.
GR 28 - Presiding Judge Rule
Judge Riehl provided a brief history of the presiding judge rule.
It was moved by Judge Harris and seconded by Judge Kurtz to adopt the Presiding Judge Rule with commentary.
The Board discussed the amendments made to the rule by the work group.
Judge Culp made a friendly amendment to (13)(k) changing . . .The personal service contract may not contain provisions. . . to The personal service contract shall not contain provisions. . .. Judge Harris and Judge Kurtz accepted the friendly amendment.
Judge Kessler made a friendly amendment to (13)(k) to add commentary stating "A model judicial services contract should be established by the Board for Judicial Administration." Judge Harris and Judge Kurtz accepted the friendly amendment.
Judge Kessler made a friendly amendment to (13)(k) changing "judicial statutory authority" to "statutory judicial authority". Judge Harris and Judge Kurtz accepted the friendly amendment.
The presiding judge rule with amendments passed unanimously.
Judge Riehl reminded the Board that input regarding BJA dues had been requested from the associations.
Judge Harris reported the Board of Trustees had discussed BJA dues at their last meeting. The Board agreed that it was not appropriate for the BJA dues to be paid with public funds.
Judge Culp reported their his Board, too, discussed the dues issue. The DMCJA Board had several questions to put to BJA:
1) Will the amount of dues remain at $55 or will dues be increased or decreased?
2) Could some portion of the dues be paid by public funds?
3) Why is the assessment charged only to full-time judges?
4) Can dues be collected by BJA?
Ms. McQueen responded to Judge Culp's questions:
1) No response
2) No portion of the dues can be paid with public funds.
3) It's up to the association to include both full-time and part-time judges when invoicing for dues.
4) State employees are not able to invoice or collect funds.
Mr. Moore provided a recap of the most recent activities of the executive committee. He advised most BJA bills are moving.
Supervision of Offenders-this is a budget cutting effort on behalf of the Department of Corrections. The Senate version of the bill is currently in the House.
Infractions (SSB 6343)-provides for time payment for those people who are unable to pay their monetary penalty in full.
Mr. Moore advised the Senate's version of the budget should be out next week, with the House's version a couple of days later. Mr. Moore continued, budget cuts will be a percentage of 2nd year dollars which will then carry forward to subsequent years.
Speedy Trial-time to trial bill will be dealt with through the task force.
Chief Justice Alexander advised that several letters had been sent opposing the proposed cuts to the TANF funding.
Mr. Peterson thanked the Supreme Court and the BJA for their support in the efforts to obtain restoration of the $2.4 million to the TANF funding.
CrR3 Task Force
(Time to Trial)
Chief Justice Alexander reported that Professor David Boerner, Seattle University School of Law, has agreed to chair the task force. The Board briefly reviewed the proposed composition of the task force. Several suggestions were made to task force membership. The Chief indicated the final report should be published prior to September, in advance of the next legislative session and inclusion in the Supreme Court rules cycle.
Chief Justice Alexander reported he had met with Senator Lisa Brown (chair, Senate Ways and Means Committee) on Thursday and will be meeting with Representative Sommers (chair, House Appropriations Committee) today to discuss the courts' budget situation.
Long Range Planning Committee
Mr. Coplen reported, the recommendations will be available before March's meeting.
Trial Court Coordinating Councils
Ms. McLane reported letters had been sent to the presiding judges and e-mailed to the court administrators. An article has also been published in the Judicial News. The committee will be releasing the Request for Proposal for trial court coordination projects in June.
Court Funding Group
Mr. Moore reported the group met following the last BJA meeting. Information is being gathered from five states with state funding. This information will be provided to the group at the next meeting.
Judge Fleck advised the focus of the SCJA long-range planning will be court funding. Judge Harris added that ½ day of the 2003 Spring Conference will be devoted to state versus local funding.
A written report was provided.
Court of Appeals
Judge Baker reported that Judge Ann Shindler was appointed to replace Judge Webster, who retired at the end of 2001 from Division I.
Judge Kurtz reported that Judge Schultheis is on Spokane's portability list.
Judge Seinfeld reported that Division II had sat at Tacoma Community College on Thursday. Judge Armstrong is on Pierce Kitsap County's portability list.
Judge Harris reported:
Judge Culp reported:
Access to Justice
Judge Tripp reported:
Civil Legal Needs Task Force
Chief Justice Alexander added that Justice Johnson is chairing this effort. Judge Mary Kay Becker is the vice-chair and also chair of the survey work group.
Washington State Bar Association
Mr. Carlisle reported:
The next meeting is scheduled for Friday, March 15, 9:30 a.m. at the Temple of Justice.
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