Board for Judicial Administration
November 17, 2006
Kilroy Tower, SeaTac
Members Present: Judge Robert McSeveney, co-chair; Judge Marlin Appelwick; Mr. Stanley Bastian; Judge Stephen M. Brown; Judge Vickie Churchill; Judge Michael Cooper; Judge Richard Fitterer; Judge Deborah Fleck; Justice Barbara Madsen; Ms. Jan Michels; Judge Linda Portnoy; Judge James Riehl; Judge Stephen Shelton; Mr. Butch Stussy; and Judge Dennis Sweeney
Guests Present: Mr. M. Wayne Blair; Ms. Pam Daniels; Ms. Fawn Opp; Mr. Paul Sherfey; Ms. Siri Woods; and Ms. Margaret Yetter
Staff Present: Ms. Jude Cryderman; Ms. Meagan Eliot; Ms. Beth Flynn; Mr. Doug Haake; Mr. Jeff Hall; Mr. Dirk Marler; Ms. Regina McDougall; Mr. Rick Neidhardt; and Ms. Ann Sweeney
Call to Order
Judge Robert McSeveney, Co-chair, called the meeting to order.
Introductions
Introductions were made around the room.
Minutes
It was moved by Judge Michael Cooper and seconded by Judge Vickie Churchill to approve the minutes of the October 20, 2006 meeting as published. The motion carried.
Administrative Office of the Courts
Mr. Butch Stussy gave an update of changes taking place at the Administrative Office of the Courts (AOC).
He announced the retirement of the Court Services Manager, Mr. Gil Austin, who will be replaced by Mr. Dirk Marler until Mr. Austin's replacement is hired.
Ms. Ann Sweeney will take on a new role related to risk management. Her new duties will include public records requests, with the goal of making this more of an outreach service, offering assistance to the courts; planning for pandemic situations and/or natural disasters for both AOC and local courts; as well as any other issues that arise related to risk management. Once a new Court Services Manager is appointed, Mr. Marler will assume the position of Interim Judicial Services Division Director.
After 30 years of state service, Ms. Jude Cryderman is retiring at the end of the year and Ms. Beth Flynn will temporarily step into her position until a new Court Administrator is hired. Judge Deborah Fleck stated how much she's appreciated working with Jude over the years and how responsive she's been.
All of the changes described are subject to approval by the incoming Court Administrator. Mr. Stussy explained the process in place to recruit for a new AOC Administrator. The National Center for State Courts (NCSC) has re-recruited for the position and will forward applications to the Supreme Court. All applications will be reviewed as they are received and Mr. Stussy is hoping to be back in retirement by April.
Judicial Retirement Account Plan
Mr. Jeff Hall stated that the current plan to administer the Judicial Retirement Account (JRA) has been revised. Board members had previously expressed some concern regarding a provision that establishes all of the BJA members as trustees. Because of this issue, contact was made with the Attorney General's Office for clarification about adding statutory language for the protection of the BJA members. The Attorney General's Office found that RCW 4.92 provides general liability protection. If new language were created to protect BJA members from liability, the new language could end up being narrower than the existing language. During the BJA Executive Committee conference call on Monday, members felt comfortable with the analysis and recommendation of the Attorney General's Office. The plan presented for approval excludes the section regarding disbursement of funds pursuant to a divorce decree. That section will not be added until legislation authorizing it is passed by the Legislature.
It was moved by Judge Marlin Appelwick and seconded by Judge Richard Fitterer to approve the Amended Judicial Retirement Plan. The motion carried.
2007 BJA Request Legislation
The Executive Committee recommends to the Board that the following legislation be introduced at the request of the Board for Judicial Administration in the 2007 legislative session:
- District Court Judge Position Request – Benton County District Court
Increase the number of statutorily authorized district court judge positions from three to four.
- Judicial Retirement Account – Decree of Dissolution
Re-introduction of BJA request legislation (HB 2927/SB 6655) from the 2006 session providing authorization of distribution from a member's judicial retirement to a former spouse pursuant to a decree of dissolution and making technical amendments to section numbers.
Mr. Hall stated there is one caveat. After talking with DRS, Mr. Hall may chose not to include Section 1 of the legislation. If necessary, Mr. Hall will advise the Executive Committee and request dropping Section 1.
- Photo Enforcement of Toll Violations
Re-introduction of BJA request legislation (HB 2926/SB 6654) from the 2006 session conforming provisions for adjudication of photo enforced toll bridge violations to those of traffic safety camera violations and establishing a statewide penalty amount of forty dollars ($40.00).
- Election of Municipal Court Judges
Re-introduction of BJA request legislation (SHB 3021/ESB 6342) from the 2006 session requiring that all municipal court judges be elected.
- Courthouse Security – Definition of Weapons
At the request of the BJA Security Committee, develop and draft legislation changing the definition of weapons prohibited in court related areas.
- Water Rights Adjudication Affidavits of Prejudice
Two options have been drafted by the BJA Water Court Subcommittee for introduction as an amendment in the event legislation is introduced by a third party affecting the adjudication of water rights or establishing a water court. The language establishes that a judge may be partially or fully disqualified when the judge's impartiality might reasonably be questioned due to an appearance of, or actual, bias, prejudice, or conflict of interest and establishing procedures.
Mr. Rick Neidhardt explained that this legislation will not be introduced but we'll seek inclusion of this language if similar legislation is introduced.
It was moved by Judge Deborah Fleck and seconded by Judge Cooper to approve the 2007 slate of BJA request legislation. The motion carried.
Board for Judicial Administration Position of “Support”
The Executive Committee recommends that the Board take a position in support of the following legislation to be introduced in the 2007 legislative session:
- Travel Reimbursement for Court of Appeals Judges
Removes the current prohibition against Court of Appeals (COA) judges receiving travel and lodging reimbursement from their home to the COA if the judge resides in a district other than the district in which the COA is located and requires the COA to adopt rules for implementation.
Judge Appelwick described the issue and indicated approximately one-third of the COA judges, approximately 8 of the 22 judges, would be impacted by the legislation.
It was moved by Judge Fleck and seconded by Judge Riehl to support the Travel Reimbursement for Court of Appeals Judges legislation as set forth. The motion carried.
- Office of Public Guardianship
Establishes an Office of Public Guardianship as an independent office within the judicial branch of state government based upon the same model as the Office of Public Defense and the Office of Civil Legal Aid. The WSBA legislative committee has recommended to the WSBA BOG that the WSBA seek introduction of this legislation.
Mr. Hall explained that general funds would fund this new office. The first biennium would be a pilot and would be limited in scope. The legislation would create an independent judicial branch office with two or three employees. The WSBA Board of Governors (BOG) is interested in the BJA's position on this legislation.
It was moved by Judge Fleck and seconded by Judge Cooper to advise the WSBA Board of Governors that the Board for Judicial Administration recognizes the substantial need for guardians for the financially disadvantaged and supports the concept of creating an Office of Public Guardianship to address the need. The Board for Judicial Administration urges the WSBA Board of Governors to sponsor legislation creating an Office of Public Guardianship as an independent office within the state judicial branch with state general funds allocated to support the office and a pilot implementation. The motion carried.
Board for Judicial Administration Position of “Oppose”
The Executive Committee recommends that the Board take a position in opposition of the following legislation to be introduced in the 2007 legislative session:
- Filing Fee Increases to Support Dispute Resolution Centers (DRC)
Increases the maximum local option fee amounts from $10 to $20 and from $15 to $25 for civil and small claims cases respectively filed in the district courts and establishes a local option surcharge to a maximum of $20 on civil cases filed in the superior courts.
In communicating opposition to the above legislation to the DRC Association, the Executive Committee recommends indicating a willingness to consider supporting alternative funding sources (i.e., state general fund appropriations).
It was moved by Judge Fleck and seconded by Judge Fitterer to support the concept of Dispute Resolution Centers but oppose the use of filing fee increases as the funding source. The motion carried.
2007 Salary Commission Position
The Salary Commission schedule is set, beginning in January with a two-day meeting in Olympia to hear from all three branches of government and elected officials. February's meeting will be held in Everett; the March meeting in Port Angeles; the April meeting in Spokane; and the final meeting to adopt the schedule in SeaTac in May.
Mr. Hall reported on the Commission's November 15th meeting relating a report from the Department of Personnel (DOP) Salary and Compensation Director, containing information about the salary and compensation of classified employees. The union contracts which have been negotiated would provide members a 3.2% COLA during the first fiscal year of the next biennium and a 2.0% COLA during the second fiscal year of the biennium. Wages for state employees have fallen behind the private sector considerably. There will be a major catch-up for general state employees. An “L Step” has been added to the salary schedule. In addition, if an employee's salary is 25% or more behind private sector salaries, the employee's salary will be bumped up.
For management employees there are no general increases and the differential between the classified employees and the management employees is shrinking. State government salaries are not competitive and they need to keep up with general wage increases.
The Executive Committee suggests that the Board support and request a cost of living increase along with a modest one percent per fiscal year increase to achieve incremental progress for general parity with the federal bench.
It was moved by Judge Cooper and seconded by Judge Churchill to support the request of a cost of living increase and continue a one percent per year improvement for a degree of parity with the federal bench. The motion carried.
Financial Audit Performance Audit Measurement
Ms. Meagan Eliot and Mr. Hall presented a summary of the Board's history and prior actions in setting direction for the Best Practices Committee's development of performance audits. Ms. Eliot presented information regarding performance audit development and Measure 8. The measure's objective is to determine if courts implement financial audit recommendations, if any, in a timely and satisfactory manner.
It was moved by Judge Churchill and seconded by Judge Cooper to approve Measure 8. The motion carried.
Court Funding Implementation Committee
Mr. Hall reported on the most recent Court Funding Implementation Committee meeting. The Committee decided that under RCW Chapter 2.42 and 2.43 the state should pay for half the cost of court interpreters.
The Committee would like to create a Justice In Jeopardy budget policy highlights document that mirrors what the Governor does. It would show what the priorities are and why they benefit the citizens of Washington. The Committee approved it in concept, but the document still needs a fair amount of work.
The Committee hopes to have a one-page document describing all the Justice In Jeopardy issues to distribute to legislators. The document would highlight the needed changes, contain human-interest examples of why the changes are necessary, describe what needs to be done to improve the situations, and describe how proper resources could have improved the outcome for the people in the examples.
Access to Justice
Mr. Wayne Blair gave a brief summary of what the Access to Justice Board will be requesting in their 2007 legislative packet. Two of the items are $3.66 million to increase Access to Justice in rural areas of the state and $1.1 million to expand the CLEAR line in King County.
Mr. Blair stated that he has taken Judge Tripp's place as a representative of the Board for Judicial Administration on the Access to Justice Board.
Washington State Bar Association
Mr. Stan Bastian reported that the Bar's legislative agenda will be considered at the December BOG meeting. The BOG previously voted to support the Justice In Jeopardy legislative issues.
Mr. Bastian stated that the WSBA's Committee for Public Defense is working on their final report which may include some court rule and legislative proposals.
Ms. Jan Michels stated the WSBA is recruiting for the WSBA Executive Director position.
Reports from the Courts
Supreme Court
- The Supreme Court is working with the National Center for State Courts (NCSC) to recruit and hire a new State Court Administrator. The NCSC will advertise broadly to line up applicants who applied before or who have not previously applied. They do have a committee consisting of representatives from all court levels and they will meet by phone every two weeks and work closely with the NCSC to expand the recruitment and continue the search.
- Court Clerk Jerry Merritt is leaving in December and they are working to fill his position.
- Mr. Steve Goff is the new Supreme Court Commissioner.
Court of Appeals
- Working on the request for travel reimbursement for Court of Appeals judges.
Superior Courts
- The SCJA supports the proposed juvenile court rule change for foster parents.
- The SCJA supports the proposal for travel reimbursement for Court of Appeals judges.
- The SCJA deferred action on the American Judicature Society's suggestion of campaign contributions and judicial selection. The SCJA has its own workgroup for this issue and the scope keeps enlarging.
- The retirement proposal will be the SCJA's main push during the legislative session.
Courts of Limited Jurisdiction
- The District and Municipal Court Judges' Association (DMCJA) is concerned that the proposed General Rule (GR) 33, Judicial Performance Evaluations, proposed by the American Judicature Society (AJS) for election evaluations overlaps with and will be confused with proposed GR 34, Judicial Performance Audits, being developed by the Board for Judicial Administration (BJA) Best Practices Committee for financial audits.
- The Washington State Bar Association (WSBA) Judicial Selection Task Force as presently constituted is to focus on the issue of merit selection of judges—they have been advised of the DMCJA position requiring election of all judges.
- The DMCJA appealed a position taken by the Interstate Compact for Adult Offender Supervision (ICAOS) that Washington's (unique) deferred prosecution was a conviction. After two years, the appeal was denied—meaning that the deferred prosecution is a conviction for those defendants wishing to transfer supervision to another state.
Other Business
Judicial campaign contribution and selection – Chief Justice Gerry Alexander wants to have this discussion with the BJA, so this topic will be on the December meeting agenda. It was suggested that the Executive Committee talk about this issue prior to the Board's December meeting.
There being no other business, the meeting was adjourned.
Respectfully submitted,
Beth Flynn
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