Gender and Justice CommissionSeptember 12, 2008Washington State Supreme Court Gender and Justice Commission Friday, September 12, 2008 Meeting Minutes Members in Attendance: Justice Barbara Madsen, Ms. Barbara Carr, Ms. Jeri Costa, Judge Sara Derr, Judge Joan Dubuque, Ms. Lisa Hayes, Judge Cynthia Jordan, Professor Natasha Martin, Judge Craig Matheson, Ms. Yvonne Pettus, Judge Chris Wickham, and Ms. Myra Downing, Commission Coordinator. Members Absent: Ms. Grace Huang, Mr. Mike Killian, Ms. Leslie Owen, Judge James Riehl, Mr. Bernie Ryan, and Judge John Schultheis. Guests: Dr. Tom George, Ms. Linda Merelle, and Judge Steve Shelton. COMMISSION BUSINESS Gender and Justice Commission Budget Myra Downing provided the 2007 – 2009 budget and the budget for 2007-2008 and 2008-2009. She pointed out that $500 was added to the 2008-09 budget for a contribution to the Initiative for Diversity Governing Council. She also reiterated the new policy that does not allow carryover from one year to the next in a biennium budget. This means that the Commission begins the 2008-09 budget year with only the money budgeted for this time period. STOP Grants
Scholarship Awards Three judicial officers received scholarships to attend the Enhancing Judicial Skills in Domestic Violence Cases:
National Juvenile and Family Court Judges Association granted scholarships for two judicial officers to attend Continuing Judicial Skills in Domestic Violence Cases:
Annual Conference The Commission is sponsoring a session titled, “Sexual Orientation: Issues for the Courts” at the 2008 Annual Judicial Conference. Interaction is built into the session through the use of scenarios that will provide the judges with an opportunity to explore how biases may impact discussion making as well as gaps in knowledge on issues related to this topic. Commissioners were asked for potential scenario topics. The following list was generated:
· Role of the judicial officer when opposing counsel (or the opposing party) refuses to acknowledge the party's preferred gender or sexual orientation. · Placement in custody of a defendant who is in the process of changing genders. When is an individual a female and when a male?
ACTION: Myra will give these scenarios to the faculty for use in development of scenarios. These will be distributed to Commission members for their comment. A conference call is scheduled for Wednesday, September 24, at 12:15 p.m. to finalize the scenarios. STAFF REPORT Human Trafficking Myra provided an update on the work she was assigned on behalf of the Commission. She is working with the group that is charged with determining why the trafficking law isn’t being used. An article was distributed titled, “State’s human trafficking law fails to snag a conviction.” The group is attempting to determine if it is a training issue – are law enforcement and prosecutors missing the signs of trafficking in their charging decisions, and/or is it that these cases are not showing up in the criminal justice system but surfacing when individuals seek social services. Superior Court Criminal Law Update Myra reported that she had requested Ms. Lynn Alfasso do a review of the Superior Court Criminal Law Update to identify issues of interest for the Commission. Ms. Alfasso reported on State v. McKee, 141 Wn. App. 22 (2007). She stated, “In that case, the defendant, who was convicted of two counts of first-degree rape against two different victims, while armed with a handgun, was given an exceptional sentence downward by the trial court because the two victims were prostitutes and not the “innocent rape victims” envisioned by the Legislature when it enacted severe penalties for the crime of rape. The appellate court held that it was an abuse of the trial court’s discretion to given the defendant a reduced sentence merely because his victims were prostitutes. The appellate court stated that the victims were not “willing participants” in the sex acts perpetrated by the defendant, even though they had been willing to have sex for money with the defendant. This case was discussed at the 2008 Spring Superior Court Judges’ Association Conference. Pattern Forms Committee Letter A letter was sent to the Pattern Forms Committee requesting that they “create a separate form to be used by courts for issuing restraining orders in all dissolution, separation and invalidity cases, including domestic partnership cases.” Use of An article was distributed to the commissioners describing a domestic violence stalker monitoring program using Global Positioning System (GPS) devices. Michigan now has a law that allows judges to “order domestic violence suspects to wear PRESENTATIONS Girls in the Juvenile Justice system and Juvenile Prostitution Justice Madsen shared a letter sent by Senator Jeanne Kohl to the Commission requesting that we consider working with her in addressing juvenile prostitution. Ms. Linda Merelle, staff to the Human Services Committee, pointed out that 60 percent of the girls who enter the Washington juvenile justice system have a history of abuse. She referenced an assessment conducted by Dr. Debra Boyer titled, “Who Pays the Price? Assessment of Youth Involvement in Prostitution in Seattle.” Ms. Merelle highlighted some of the findings: Problem:
The most effective way to ensure youth get out of the prostitution life is by providing safe and secure housing and wrap-around services for employment, education, and mental health. Ms. Merelle explained that the Chair of the House Human Services Committee plans to propose legislation that will create two pilot programs in King and Pierce County. Potential models for the programs being proposed include a modified diversion program, and a model which would provide incentive for girls to choose to participate. Ms. Merelle pointed out that the difficulty of getting a girl out of a prostitution lifestyle is similar to that of women in a domestic violence situation – the control the perpetrator has over them. Also, it may take multiple attempts for the girls to be successful in separating themselves from the men who put them to work. She also pointed out that one reason for not charging the girls would be to treat them as victims of trafficking or abuse which is in accordance with federal law regarding trafficking and United Nations protocols. Ms. Barbara Carr asked if the committee was anticipating these types of cases being treated using the BECCA model which would make it a status offense. She provided an overview of the BECCA Bill. The BECCA Bill was passed in 1995. The primary goal of the Becca Bill is to provide protective and prevention services to children and families before a child is allowed to self-destruct and not have to lock them up in juvenile detention. There are two categories of youth: 1) At-Risk Youth (ARY) defined by statute as a child under the age of 18 who meets at least one of the following three requirements: a. Is absent from home for at least 72-consecutive hours without parental consent; b. Is beyond parental control such that his/her behavior endangers the health, safety, or welfare of the child or any other person; or c. Has a substance abuse problem for which there are no pending criminal charges relating to the substance abuse. 2) Children in Need of Services (CHINS) defined by statute as a child in need of services under the age of 18 who meets at least one of the following three requirements: a. Is beyond parental control such that the child's behavior endangers the health, safety, or welfare of the child or other person; or b. Has been reported to law enforcement as absent without consent for at least 24-consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions; and · Has exhibited a serious substance abuse problem; or · Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or c. Is in need of necessary services, including food, shelter health care, clothing, educational, or services designed to maintain or reunite the family; and lacks access to or has declined to utilize these services; and whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure. The purpose of filing a ARY petition is to obtain assistance and support from the juvenile court in maintaining the care, custody and control of the child. A petition can only be filed by the parent or legal guardian of the child. The entire proceeding is voluntary and a parent may request a dismissal at any time. The purpose of filing a CHINS petition is to obtain a court order mandating placement of the child in a residence other than the home of his/her parent because: a serious conflict exists between the parent and child that cannot be resolved by delivery of services to the family during continued placement of the child in the parental home, and reasonable efforts have been made to prevent the need for removal of the child from the parental home. A child, parent, or DSHS may file a CHINS petition. A "parent" is defined as the person(s) having legal right to custody of the child and includes custodian or guardian. Upon the filing of a CHINS petition, the child may be placed, if not already placed, by DSHS in a crisis residential center, foster family home, licensed group home facility, or any other suitable residence to be determined by DSHS.
Ms. Carr pointed out some of the lessons learned from working with ARY and CHINS cases. She explained that because under BECCA, truancy is a status offense, the system has limited ability to detain the youth long enough to access services. Also, most services are for those who are charged or found guilty of a criminal act. It was noted that even though it violates federal policies, and the state loses 20 percent of their funding, some youth are institutionalized so the juvenile justice system can provide them with services. There are limited services for status offenders. She wanted to ensure these issues were addressed with whatever model is adopted. Housing is an issue for youth under an ARY or CHINS petition. Many of these youth do not live at home and have no place to live. Ms. Carr noted that this will be an issue for girls who engage in prostitution. In addition, if housing is available in cases where there is no family available as a resource, that such housing might need to be in a location distanced from the community in which their involvement in prostitution took place. Ms. Carr stated that the pilot project was a great idea but stressed that funding is essential and that the project should not be undertaken if there was not adequate funding. Juvenile prostitution will be one of the topics at the Commission retreat in November. Courthouse Facilitators Research Findings Dr. Tom George reported on a study he conducted titled, “Washington’s Courthouse Facilitator Programs for Self-Represented Litigants in Family Law Cases.” The Courthouse Facilitator Program began in 1993 at seven pilot sites. Thirty five counties now have programs. The programs provide basic services outlined in GR 27 intended to help litigants select, complete, and file proper paperwork and increase there ability to navigate the system. There has not been an evaluation of the program since 1993. The study sought to answer the following questions:
Data was gathered from facilitators, from site visits that included collecting data from customers and facilitators in Kitsap, Lewis, Thurston, and Yakima counties. From surveys sent to judicial officers and program administrators, and from surveys sent to over 2,000 family law litigants. The researchers analyzed case processing information from the judicial information system. Three groups were compared: 1) Unassisted self-represented litigants 2) Facilitator-assisted self-represented litigants 3) Attorney-represented litigants Results indicated that all programs are based on one-on-one meetings with a facilitator. They vary in the way they are administered, the types of service, and the fees that are charged. There are an estimated number of 108,000 customers receiving services a year. Sixty-nine (69) percent of the clients are women, and over two-thirds of those women have incomes less than $24,000. Sixty (60) percent of the self-represented customers can not afford an attorney. It was pointed out that the average divorce costs between $3000 - $5000 which is about two-to-three months worth of income for 69 percent of the women. There was much satisfaction with the program from the customers, judicial officers, and program administrators. This held true one-to-three months after the case was resolved. Facilitator-assisted litigants reported more positive court experiences than unassisted litigants. The study found that courthouse facilitator programs shorten time from filing to resolution. There was a discussion following the presentation:
The full report and a summary report are available on the Washington Courts Web site at www.courts.wa.gov/wsccr under “Publications.” EDCUATIONAL PROGRAM REPORTS DV in the Workplace Training Myra Downing reported that Pierce County Superior Court requested a one hour Domestic Violence in the Workplace training session. Yvonne Pettus agreed to conduct this training. Myra will develop curriculum so the Commission can provide this class for Pierce County and for future requests. Judge Dubuque is sending a copy of the King County policy to Myra. Success Inside and out/ReEntry Yvonne Pettus provided a synopsis of the work that has been done on preparing a program for women reentering their community after serving a prison sentence. Justice Madsen, Yvonne, and Myra met with the Department of Corrections ( We learned that Yvonne and Myra had a conference call with one of the hearings officers and On Friday, September 5, Yvonne and Myra conducted three focus groups with women who were serving time for violations at the Washington Corrections Center for Women (WCCW). The consistent need voiced by the women was “housing” – a place to live when they are released. Failure to report was the major violation. The majority of women at WCCW were homeless and would be again when they completed their sentence. Homelessness compounds problems for many of the women because they are required to report every day which means they need to constantly look for ways to get to the office. Most stated they did not have the funds for a bus pass. Also, if they had used drugs they were less likely to report, would miss a couple appointments, and then decide it would serve no purpose to go back. Some mentioned that it was taking them six years to complete a two-year sentence. The commissioners discussed possibilities. Myra was asked to look into a program offered by the California Department of Corrections that allowed women to co-locate when they are released. This allows them to get a drug-free home that is felon friendly and affords the opportunity to learn about being a parent. Judge Wickham shared his experience as a criminal presiding judge in Thurston County. He said that 71 percent of offenders return to prison. He said the criminal justice system is fatally broken. He said brokering services for housing and employment is critical and getting small businesses involved is essential. He stated that the he believed the only approach that would work would be a Reentry Court – someone who would check up on those released to catch them before a situation snowballs into something that can’t be stopped. Judge Derr pointed out that the Spokane Mental Health Court uses a similar model to the one mentioned. It was mentioned that a Reentry Court would be expensive because court time is expensive. A comment was made that Probation and Parole Officers now use a more punitive model instead of a rehabilitation model. It was also pointed out that people are required to go back to the original county where they were sentenced even if they are established elsewhere. Judge Dubuque talked about a program in Seattle that houses alcoholics. The county has found that it has reduced the use of the emergency room. A suggestion for Suggestions for the Commission regarding offering services:
It was also recommended that the Pierce County YWCA and Washington Women Lawyers be involved. PROJECTS Dissolution Task Force The Dissolution Task Force Interim Report has been submitted to the Supreme Court, Governor’s Office, and the Legislature. The four main topics the report covers are the Point of First Contact Program (PFCP), domestic violence and sexual assault training curricula, consistent standards for parenting evaluators, and clear and concise dispute resolution procedures: Section 201 of the 2SSB 5470 (codified as RCW 26.12.260) establishes a PFCP for providing services for parties in RCW 26.09 cases. The legislation requires a petitioner to contact the PFCP prior to filing a petition unless there is a need for emergency orders. Although the program is required to assist all parties, a respondent is not required to use the PFCP unless a victim of domestic violence or child abuse requests mediation under RCW 26.12.016. Minimum components of this program must include an individual to serve as an initial point of contact for parties filing petitions for dissolutions or legal separations and screening for referral to services in the areas of domestic violence, child abuse, substance abuse, and mental health. The complete report can be accessed on the Washington Courts Web site at http://www.courts.wa.gov/content/PublicUpload/Supreme%20Court%20Dissolution%20Task%20Force/Dissolution%20Task%20Force%20Interim%20Report.pdf Initiative for Diversity Governing Council Justice Madsen provided an overview of the work of the Initiative for Diversity Governing Council (IDGC). “The IDGC was created to identify and implement strategies resulting in measureable progress to help ensure that the Washington justice system and its attorney population accurately reflects Washington’s population.” The IDGC is inviting law firms, law schools, and other legal employers to become signatories to the Initiative for Diversity. The signatories agree to a standard set of commitment and develop their own diversity plan. The IDGC will make resources and tools available, and publicly acknowledge each signatory’s progress toward their goals. Justice Madsen explained that there are four “kick-off” meetings:
The Commission will be co-sponsoring the Olympia event. Commissioners reviewed the list of agencies that had received an invitation and suggested the following be contacted:
It was mentioned that Starbucks was the first company to select law firms based on whether the firm committed to a diversity plan. ACTION: Myra will send the list of invitees to the IDGC representative organizing the events. Women of Color Reception Justice Madsen informed commissioners that Judge Hightower had contacted her inquiring if the Commission would be interested in co-sponsoring a Women of Color Reception again. The reception is for women of color who are attorneys and judges. Over 100 lawyers and judges attended the last reception. The last reception was held at the Temple of Justice. It was proposed that Seattle University might be a good location for this one. It was also suggested that the District and Muncipal Court Judges’ Association Diversity Committee, the Superior Court Judges’ Association Equality and Fairness Committee, and the Washington State Bar Association Diversity Committee be contacted. Retreat Update The Commission’s retreat is scheduled on Friday, November 14, beginning at There was a discussion among Commissioners and staff about retreat outcomes. There was general agreement that the mission statement and guiding principles needs to be reviewed. Justice Madsen pointed out the goals of the Task Force that was the genesis for the Commission and the Commission mission are not completely in sync. Commissioners did ask for an historical overview of the evolution of the Commission. Other topics suggested include creating an organizational structure that can enhance Commission operations and a discussion of roles and responsibilities of the commissioners. An interest in strengthening partnerships with other entities was also mentioned. SUPPLEMENTAL MATERIALS Education, Gender and Race: A Review of Current Public Opinion Ms. Jeri Costa directed commissioners to the article, “Education, Gender and Race: A review of Current Public Opinion. She wanted to inform commissioners of the FrameWorks Institute. Their Web site provided the following description of their mission and work: The mission of the FrameWorks Institute is to advance the nonprofit sector's communications capacity by identifying, translating, and modeling relevant scholarly research for framing the public discourse about social problems. FrameWorks designs, commissions, manages and publishes communications research to prepare nonprofit organizations to expand their constituency base, to build public will, and to further public understanding of specific social issues. In addition to working closely with social policy experts familiar with the specific issue, its work is informed by a team of communications scholars and practitioners who are convened to discuss the research problem, and to work together in outlining potential strategies for advancing remedial policies. FrameWorks also critiques, designs, conducts and evaluates communications campaigns on social issues. Its work is based on an approach called "strategic frame analysis," which has been developed in partnership with UCLA's Center for Communications and Community.
District and Municipal Court Judges’ Association Diversity Committee Judge Stephen R. Shelton, District and Municipal Court Judges’ Association (DMCJA) Diversity Committee Chair, attended the meeting to express his interest in finding out more about the work of the Commission and to inform the Commission of his Committee’s hope to work with the Commission on joint projects.
As background, Judge Shelton explained that the DMCJA Board of Governor’s has good diversity of judges according to level of court, full or part-time positions, gender, and geographical location. However, the cultural, ethnic, racial diversity on the DMCJA Board of Governor’s has diminished in the past several years. He pointed out that the DMCJA was having difficulty filling positions because most of the people representative of diversity had already served, had other interests in serving on other Commissions, or had moved to the superior and federal courts. In reviewing the DMCJA Bylaws, the Board has noted that the goal of diversity was limited to governance of the Association. This led to a broader discussion that a proper diversity policy of should include a goal of a judiciary that reflects the community. One of the primary projects that the DMCJA is exploring is the development of a pro tem training program. The Committee is currently working with the
The DMCJA Diversity Committee and the SCJA Equality and Fairness Committee have a joint meeting planned at the 2008 Annual Conference to become more informed of the work of both committees and to explore the possibility of joint projects. Professor Natasha Martin Justice Madsen informed commissioners that Professor Martin was up for tenure and encouraged letters of support. National Association of Women Judges Justice Madsen reported that two of the programs that surfaced as priority issues at the National Association of Women Judges meeting with the senate this summer are already in place in Washington State—allowing pregnant women to be with their children while they are in prison and an initiative to promote diversity in the legal field.
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