Gender and Justice Commission

October 9, 2009

Washington State Supreme Court

Gender and Justice Commission

October 9, 2009

Meeting Minutes

Members present:  Justice Barbara Madsen, Chair, Ms. Barbara Carr, Judge Vickie Churchill, Ms. Mirta Laura Contreras, Ms. Jeri Costa, Judge Sara Derr, Judge Joan DuBuque, Ms. Ruth Gordon, Ms. Grace Huang, Ms. Judith Lonnquist, Professor Natasha Martin, Judge Alicia Nakata, Ms. Leslie Owen,
Ms. Yvonne Pettus, Mr. Bernie Ryan, Judge Ann Schindler, and Ms. Myra Downing, Executive Director

Members absent:  Ms. Lisa Hayes, Judge Cynthia Jordan, Judge Craig Matheson and Judge Chris Wickham.

Guests:  Ms. Catherine Carroll

COMMISSION BUSINESS

• Justice Madsen introduced the Commission members who were recently appointed by Chief Justice Alexander:  Ms. Mirta Laura Contreras,
  Ms. Ruth Gordon, Ms. Judith Lonnquist, Judge Alicia Nakata, and Judge Ann Schindler.
• Commission member Ms. Lisa Hayes recently gave birth to a baby girl and was unable to attend the meeting.
• March and July 2009 minutes were approved.

STAFF REPORT

The Gender and Justice Commission budget has not been finalized because statewide reduction efforts were not completed.  The Commission provided $500 to Gonzaga Law School to conduct the “Color of Justice” program.  The Commission sponsored a webcast titled “Cyberspace:  A Stalkers New Playground” on Thursday, September 10, and received very good feedback.  The Commission has submitted a proposal for a follow-up session at the spring judicial conferences.

STOP Grants

• The STOP Grant recipients are progressing as planned and within their budgets.  The unexpended funds will partly be used to fund some data gathering for the conflicting order project being undertaken by the Commission’s Domestic Violence Committee. 

• Judge Dubuque reported that Children’s Administration (CA) has adopted a statewide policy on domestic violence (included in the materials); Judge Dubuque reports the policy is not being implemented on a statewide basis since some of the regions said they do not have the local resources to do it.  She mentioned that it was the practice guide that is most important as that is the document from which caseworkers will be trained and it hasn’t been released yet by the CA.  If it is not released by the end of October, the committee working on this project will be seeking to find out why.

• Judge Dubuque also reported that they have developed a protocol for Law Enforcement Response to shelters as the DV shelters, CPS, and Law Enforcement had confusion about how and who is to respond to circumstances requiring removal of a child from the shelter and/or interviewing of a child.

• Site visits are required for jurisdictions that received funding under the American Recovery and Reinvestment Act program.  Myra will be conducting two by the end of October 2009. 

District and Municipal Court Judges’ Association (DMCJA) Diversity Committee

Ms. Downing staffs the DMCJA Diversity Committee.  She announced that they were developing a pro tem training that will be offered by the Washington State Bar Association.  While the training will be available for everyone, the intent of the program is to encourage the success of people of color and women who serve as a pro tem judge. 

General News

The Administrative Office of the Courts (AOC) has purchased a program called Adobe Connect.  The brand for AOC is eCCL.  eCCL will allow for virtual meetings and training and will be available for the court community next spring.

PROJECTS AND PROGRAMS REPORT

Developing Sexual Assault Bench Guide

Ms. Carroll reported on the project she is conducting with funds from the STOP grant program.  Judicial officers were solicited and participated in a day-long meeting in late August to define the scope of judicial officer’s needs in regards to sexual assault cases.  Judge Cozza, Judge Schapira, Judge Serko, Judge Shaffer, and Ms. Downing attended the meeting.  The group recommended a stand-alone bench guide (separate from any other judicial bench books) that would be divided into sections based on which court the case is in; e.g., criminal, civil, dependency, etc., and would also include respective procedural flow charts.  Text will also include practice tips and/or notes to the court, highlighting challenging issues and corresponding considerations/commentary.  

Ms. Carroll prepared a questionnaire that was available at the Commissions resource table at Annual Conference.  The purpose of the questionnaire was to gather more input from judicial officers to ensure that the final product would meet their needs.

She also met with Mr. Tom McBride, Ms. Lisa Johnson, Mr. Randy Flick and
Mr. Andy Miller of the Special Assault Committee of the Washington Association of Prosecuting Attorney’s to get their input on the project.  They recommended a section on privacy and encouraged the bench guide to be grounded in the courts obligation to protect victim rights because the prosecutor may have conflicting obligations and cannot assert victim privacy interests.  

Ms. Carroll will be meeting with the DMCJA Rural Court Committee, the Superior Court Judges’ Association Family and Juvenile Law Committee, and the Public Defense Bar Committee to get their input on the project.  She is already scheduled to talk with the Access to Justice Committee in November 2009. 

Ms. Costa suggested that Ms. Carroll speak with Ms. Illeen Gertsenberger (AOC) who is staffing a group working on a Victims Rights Bench Card. 

She emphasized that she continually reminds everyone that it must be relevant to judicial officers because it is a bench guide for them.

PARTNERSHIPS

Commission Chair Report

Justice Madsen began her report by stating she was able to attend the confirmation hearing for Justice Sotomayor while in Washington, D.C.  She mentioned that she became interested in serving on the bench during the Clarence Thomas hearings because of the way Ms. Anita Hill was treated—as the offender instead of the victim—and how different the Sotomayor hearing was from the Thomas hearing. 

Justice Madsen was part of a National Association of Women Judges’ delegation that met with women of Congress.  The meeting focused on the issue of women in prison who give birth while in shackles.  The Conference of Chief Justices passed a resolution opposing this behavior.  She also pointed out that Secretary of State Hillary Clinton has created a committee on global women issues. 

Initiative for Diversity Governing Committee (IDGC)

IDGC was created as a result of the 2001 Glass Ceiling Study funded by the Gender & Justice Commission.  One of the outcomes of that study was the offering of a Continuing Legal Education (CLE) session for employers of lawyers.  The session offered a toolbox for employers of information that could assist them in hiring and retaining a diverse workforce such as mentoring programs and flexible work hours.  It was clear from this work that stronger links with the Washington State Bar Association minority bar associations and additional resources were needed.  This gave birth to the IDGC.

The IDGC created a document consisting of eight commitments.  IDGC’s goal is to get all legal employers to sign this document.  Starbucks has signed this document.  IDGC will be focusing on legal departments of large companies (Microsoft and Boeing) for the next signatories. 

IDGC had three launches around the state – Olympia, Seattle, and Spokane.  In addition, they have created four committees that provide more focused attention on specific areas:  outreach, membership services, education, and an executive committee that allows for streamlined decision making. 

The IDGC has also been in contact with the Minority Report Card Committee.  This committee was initiated by the Minority Bar Associations.  The Minority Report Card Committee surveys the top fifty firms in Washington State regarding their practices associated with retaining a diverse workforce.  IDGC has asked that an item be added to the survey asking if they had signed the commitments.  The Minority Report Card Committee agreed to consider this for next year. 

The Washington State Bar Association (WSBA) Diversity Committee Proposals

Currently the WSBA has three committees associated with diversity.  There has been concern that coordination could be improved between the groups.  To address this, there are at least two proposals being discussed.  One of the proposals recommends keeping the current committee structure but expanding the role of the WSBA Diversity Coordinator so she/he ensures collaboration between the entities.  The second proposal proposes creating a board that consists of representatives from each of the diversity associations.  This body would review the work being conducted by the three groups to ensure coordination and collaboration when appropriate.  This entity would meet at least quarterly. 

Justice Madsen and Ms. Downing attended a meeting on behalf of the Commission and IDGC that discussed the proposals and are now on the mailing list for future updates.

Gonzaga Law School - Color of Justice Program

Gonzaga Law School offered the Color of Justice Program as part of hosting the American Bar Association Advisory Council on Diversity in the Profession meeting.  They expected up to 100 students to participate in the Program.  The Commission provided financial support.  Commission members were unable to attend because the Program occurred on the same day as the Commission meeting.

Seattle University School of Law – Women’s Law Caucus

Justice Madsen attended the October 8 meeting to discuss similar areas of interest between the Commission and the Women’s Law Caucus.  Areas of interest were:

• The Story Book Program – volunteers work with women prisoners in recording books for their children.
• Job shadowing a judicial officer.
• Meeting with women lawyers who can mentor new lawyers who are seeking legal positions.  It was suggested that Ms. Ellen Dial, Ms. Eileen Concannon and Ms. MaryAnn O’Bara be contacted to assist in this area.
• Working on eliminating the practice of shackling women who are in labor.

The women students were very appreciative that Justice Madsen took time to meet with them.  They indicated that they would like to sponsor a reception for women judges in November ‘09. 

Seattle University School of Law is currently offering a Domestic Violence seminar.  The class is full with 60 students registered.  A clinic follows the seminar.  Right now three-to-twelve students can participate.  The clinic works on issues such as housing, employment, and health. 

It was mentioned that the National Judicial College also offers a clinic that focuses on domestic violence issues.

Attorney General’s Domestic Violence Committee

Justice Madsen, along with Judge Jasprica and Judge Halpert, made a presentation to the Committee on August 11.  The purpose of the presentation was to explain the work of the Commission, the training received by judicial officers, and to identify ways that we could collaborate with them in addressing domestic violence issues. 

Representative Goodman’s Domestic Violence Committee

Judge Dubuque, Ms. Gordon, and Mr. Ryan reported on the legislative issues that have been discussed as a result of the meetings arranged by Representative Goodman.  The Commission discussed some of the issues. 

Does batterer’s intervention treatment work?  At the Annual Conference, a handout was passed out during a session on Best Practices that stated batterer’s intervention treatment programs do not work.  There was interest in providing context for the study results. 

It was pointed out that a holistic approach works – the program coupled with holding the person accountable and responsible. It was also pointed out that the Commission addresses gender issues which mean that since more men go to batterer’s intervention treatment, it would be incumbent on the Commission to ask the questions: Does the Washington DV Batterer’s Intervention Program work?  What does change behavior?

Stipulated Orders of Agreement (SOA) were also mentioned.  Ms. Pettus explained that in some jurisdictions prosecutors agree to dismiss the original charge if the abuser completes the conditions imposed by the court and there are no other incidents during a specified period of time.  The issue with SOC is the lack of a record of prior DV charges. 

EDUCATIONAL PROGRAM REPORTS

The Commission submitted three proposals to the SCJA and the DMCJA:

1. Cyberspace:  A Stalkers New Playground.
2. The Face of Justice:  Diversity, Culture, Gender, and Race in the Court System (co-sponsored with SCJA Diversity Committee).
3. Effective Judicial Decision Making in DV Cases involving LGBT People (co-sponsored with the Williams Institute).

The Commission submitted an additional session to the SCJA titled, Navigating Russian, Vietnamese, and Deaf Culture Dynamics (co-sponsored with the Interpreters Commission).

The Commission is offering a session for the Washington State Coalition for Language Access on October 17 titled, Language Access in Domestic Violence Cases.  Presenters will be Judge Derr, a lawyer, and an interpreter.  Judge Derr will give a brief overview of the dynamics of domestic violence.  Scenarios will be presented and participants will have the opportunity to discuss best practices.

NEW BUSINESS

Washington Girl’s Group:  Promoting Gender Responsive Services for Washington Females since 2007.

Ms. Carr talked about a group she has been working with that is looking at promoting gender responsive services for girls.  They engaged a University of Washington researcher to take a closer look at girls in the juvenile justice system.  Ms. Carr pointed at the number of girls being arrested is increasing and the crimes they are committing are more assaultive.  She pointed out that girls have what is referred to as “maladaptive coping systems” that need to be challenged.  She said they know that using relationships assist in the healing process.  She talked about some of the programs that seem to be effective – Girl’s Circle, for example.  The program is offered in Island, King, Pierce, and Walla Walla Counties. 

She pointed out that the Washington Girls Group reviewed the study conducted by the Washington State Institute for Public Policy and believe it was not weighted appropriately.  It was not gender responsive when it established its risk level.

The group is hoping that counties will join in this work by setting aside funds for research in order to identify those programs that are most effective in reaching girls and changing their behavior. 

Shackling Incarcerated Women During Labor and Delivery

The Commission is going to look into the practice of shackling incarcerated women during labor and delivery.  Ms. Gordon has submitted a public records request requesting the dates and location of all births of women who have been incarcerated since January 2005.