Gender and Justice Commission

May 10, 2002

PRESENT

Commission Members: Justice Barbara A. Madsen, Judge Marlin Appelwick, Eileen M. Concannon, Professor Helen Donigan, Mary E. Fairhurst, Thomas R. Fallquist, Judie E. Fortier, Mary Pontarolo, Judge Ruth Reukauf, Judge Jim Riehl, Judge Ann Schindler, Lindsay T. Thompson, Judge Linda G. Tompkins

Guests:  Judith Ramseyer, Glass Ceiling Task Force, Lisa Stone, Northwest Women’s Law Center, L’Nayim Shuman-Austin, Washington Women Lawyers, Suzanne Brown, Elizabeth Naccarato, and Katherine Carroll, Washington Coalition of Sexual Assault Programs.

Staff:  Gloria Hemmen, Administrative Office of the Courts

CALL TO ORDER

Justice Madsen called the meeting to order at 9:35 a.m. and asked Commission members and guests to introduce themselves.

COMMISSION BUSINESS

Approval of Minutes

The minutes of the November 9, 2001 meeting, January 11, 2002 retreat, and March 8, 2002 meeting were approved as corrected.

Budget Report

A written budget report was reviewed.  

Membership

Judge Gina Hale has tendered her resignation from the Commission.  Judge Reukauf, Judge Tompkins, Mary Pontarolo, and Helen Donigan have agreed to serve one more term. 

[Since action was not taken at this meeting, Commission members voted electronically to forward the names of these four members to Chief Justice Alexander for consideration and reappointment.  The motion was approved by a majority of the Commission.]

LIAISON WITH OTHER ORGANIZATIONS

Justice Madsen welcomed Suzanne Brown, Executive Director, Elizabeth Naccarato, and Katherine Carroll of the Washington Coalition of Sexual Assault Programs (WCSAP). 

Ms. Brown provided handouts and an overview of the work of WCSAP.   The mission of the Washington Coalition of Sexual Assault Programs is to unite agencies engaged in the elimination of sexual violence through education, advocacy, victim services, and social change.  They provide technical assistance and training.   She noted 41 groups were members and last year they saw 10,000 sexual assault and secondary victims.  Of those, 1,500 reports went into the criminal justice system. 

She noted the experience of victims in the criminal justice system is better than it was 10 years ago but work still needs to be done.  A recent study sponsored by the Office of Crime Victims Advocacy and conducted by the Harborview Center for Sexual Assault revealed a higher percentage of Washington State women report being raped or sexually assaulted than the national statistics.  [For a copy of the report, go to http://www.ocva.wa.gov/SAsurvey_pg1.htm]   The report highlights the need for systems to come together to assist victims.

Ms. Brown noted she has been faculty for the National District Attorney Association and the Prosecutor’s Research Institute.  She commented Washington State is more progressive in understanding the issues relating to sexual violence.

Katharine Carroll, an attorney, is now on staff.  She is developing a legal advocate program and provides technical assistance to civil attorneys and prosecutors.  WCSAP partners with the NWWLC and Washington Association of Prosecuting Attorneys (WIPE) to provide training. 

WCSAP has developed multi-disciplinary protocols and brought teams of prosecutors, law enforcement, and advocates together for training.  They need to add corrections and the judiciary and are very interested in partnering with the Commission.

WCSAP is working on policy issues including:

-         How do victims access services: Department of Corrections (DOC) and DSHS on behalf of children

-         Sexual predator law (civil processes can learn from the criminal process re victims’ rights)

-         Supervision of offenders

-         Restitution collections.  $25-30 million uncollected.  From a victim’s perspective, there is some benefit to having a state collection system through the DOC.  They are looking at the Support Enforcement model and restitution deducted from deductions from prison wages. 

Justice Madsen indicated the judiciary would be interested in finding out the impact of restitution on offenders and victims.  Tom Fallquist noted inmate collections were a County Clerk bill.  He suggested victims deal directly with the Clerks.

Justice Madsen noted the National Association of Women Judges (NAWJ) has a curriculum for judges titled Understanding Sexual Violence.  

CURRENT PROGRAMS AND PROJECTS

Glass Ceiling Survey Project

Judith Ramseyer reported since the release of the Glass Ceiling Report at the CityClub lunch forum in March, Task Force members have made follow-up presentations to various groups (WWL, WSTLA, WSBA) and the video has played on TVW.  The Glass Ceiling Task Force has met to discuss next steps to implement the recommendation of the report.  They presented a proposal for funding to hire a part-time facilitator who would work with the Task Force to:  (1) design publicity and promotion to maintain a public dialog on glass ceiling issues; (2) network with other organizations that have resources to address issues of concern; and (3) develop concrete tools that can be offered to individuals or legal employers to eliminate bias in their own organizations.  The Washington State Bar Association has offered work space.  

Lisa Stone noted the Northwest Women’s Law Center (NWWLC) would act as fiscal agent for the contract and hire the project person.

Eileen Concannon thanked Judith Ramseyer for her work as chair of the Glass Ceiling Task Force for the past four years.  In the fall, Eileen will be taking over leadership of the Task Force.

It was recommended that we include the gender minority issue in this work and consider collaboration with other groups on future programs such as Equal Pay Day which is celebrated in other states. 

After the Commission considered the proposal, it was moved and seconded to appropriate up to $14,500 for a facilitator to further the work of the Glass Ceiling Survey:  $12,000 would be for salary and up to $2,500 for travel.  Motion carried.

It was moved and seconded to authorize the purchase of two copies of the TVW Women in Leadership video.  Motion carried.

Task Force on Civil Equal Justice

Justice Madsen, Judge Schindler, and Mary Fairhurst drafted questions that might be incorporated into Civil Equal Justice Task Force statewide survey and attended their meeting on March 20.   The Task Force was receptive.  Half the funding for the anticipated $100,000 project will come from the Board for Judicial Administration.  The task force requested $10,000 from the Gender and Justice Commission with the qualification that that amount would be reduced if it was not needed.

Judge Appelwick noted this project has been in the works for more than two years and is an attempt to respond to the Legislature’s questions regarding the need for civil legal services for low-income people.  There will be both written and phone surveys.  Clear demographic data and violence issues will be included.  He urged the Commission to support the project.  

Judge Tompkins spoke in favor noting that providing more civil legal services would have a direct benefit on women.

It was moved and seconded to appropriate up to $10,000 for the Civil Equal Justice Task Force Survey of Unmet Civil Needs with confirmation that our questions are included and we are able to get cross tabs on gender.  Motion carried.

  VAWA Grants/Judicial Education

The Commission reviewed the notice from the Office of Crime Victims Advocacy that training funds were available.  It was suggested we contact OCVA for a group grant to provide funds for court commissioners to attend the Unintended Consequences: Removing Obstacles to Justice for Immigrants program at Fall Conference. 

Justice Madsen reported the Supreme Court En Banc passed the mandatory judicial education requirement.  Appellate Court Judges are required to attend the State Judicial College and all judges are required to report 15 hours of continuing judicial education every three years including 2 Ethics credits.  Judge Riehl indicated this is a significant change in the way we look at the judiciary.  It will help part-time judges

Full Faith and Credit – Current Activities

Judge Riehl reported the Northwest Tribal Court Judges Association held a 2-day Full Faith and Credit Meeting in April 25 at the Emerald Queen Casino.   The first day focused on tribal court issues, the second day included non-Indian issues and coordination.   He talked about the Kitsap experience since the 1997 DV Summit and relations with the tribes.  Pam Daniels presented the Snohomish County protocol and how to get tribal court orders into the state system.

Following a series of regional meetings, a state conference is planned.  It was suggested we contact Judge Warwick.

Mary Pontarolo suggested contacting the Washington State Coalition against Domestic Violence (WSCADV) for information regarding their Native American Legal Advocate project.

Tom Fallquist and Judge Tompkins noted Spokane County is working with Judge Mary Pearson and the Colville Tribe to develop a protocol. 

Domestic Violence Summits

The Thurston County Domestic Violence Summit is now scheduled for January 31, 2003. All of the Commission grant will be used for the Summit.  A separate DV Education Conference is still scheduled for October 4.

Justice Madsen said the Clark County YWCA is interested in a holding a DV Summit.

[A request was received from Mason County for funding to support heir local domestic violence summit scheduled for October 28, 2002.   Commission members voted electronically to provide $1,500 towards the Mason County DV Summit.  The request was approved by a majority of the Commission.]

American Bar Association (ABA) Commission on Domestic Violence

Judge Riehl reported the ABA Commission on Domestic Violence received a request from the US Virgin Islands to send a team to address civil domestic violence issues identified by advocates, mediators, and prosecutors.  These included a mandatory mediation requirement in dissolution regardless of DV and the judges’ belief there should be no communication with the community regarding DV, and it was inappropriate for them to attend a domestic violence conference.  Judge Riehl and Betty Barlow, DV Commission Executive Director, met with the judges, showed them our DV video on the judges’ role in a local DV summit, and convinced them to attend the training.  The presiding judge of the court requested a copy of our Domestic Violence Manual for Judges for each of their nine judges.  The ABA Commission agreed to pay shipping costs.

It was moved and seconded to send 9 copies of the Domestic Violence Manual for Judges to the US Virgin Islands.  Motion carried.

Judge Riehl has been nominated to a position on the ABA Commission and will follow through with efforts to partner our Commission with the ABA on future projects.

OTHER BUSINESS

Washington Women Lawyers Vanguard Award

Eileen Concannon announced that Justice Madsen will be receiving the Washington Women Lawyers Vanguard Award on June 12 in Seattle.

Gender Equality Commission/Equal Treatment Under the Law

Judie Fortier reported she participated in the delegation to visit the Tacoma Sister City visit to South Africa and the program Equal Treatment Under the Law.   She noted the Gender Equality Commission and the US Embassy are spearheading efforts on domestic violence and sexual assault.  A delegation from South Africa will be visiting Washington State. They are very interested in issues relating to the courts.

NEXT MEETING AND ADJOURNMENT

The next meeting is scheduled for September 13, 2002.   The meeting adjourned at 12:30 p.m.