Gender and Justice Commission

January 9, 2004

9:00 a.m. -12:30 p.m.
Two Union Square, Suite 1606, Seattle

PRESENT

Commission Members: Justice Barbara A. Madsen, Judge Marlin Appelwick, Eileen M. Concannon, Judie Fortier, Lourdes Fuentes, Jennefer Henson, Mary Pontarolo, Judge James M. Riehl, Judge Ann Schindler, Daniel Thieme, Judge Linda Tompkins, Lindsay Thompson

Guests: Dr. Anne Ganley, Merrie Gough, Gloria Hong, Deborah Maranville, Dawn Noel

Staff: Gloria Hemmen, Administrative Office of the Courts

CALL TO ORDER

Justice Madsen called the meeting to order at 9:15 a.m.

COMMISSION BUSINESS

Approval of Minutes

It was moved and seconded to approve the November 14, 2003 meeting minutes. Motion carried.

Budget Report

The Commission reviewed and approved the budget report.

PROJECTS/PROGRAMS/ACTIVITIES

Prospective Education Projects

(1) 2004 Fall Judicial Conference

Because of our successful past programs, the Commission has been asked to submit an education proposal for fall conference. It was agreed to propose an education program addressing domestic violence issues. Suggestions for content included:

 

• a case study based on the Brame case

   

   

• law enforcement-related domestic violence, judicial response to new legislation

   

   

• risk assessment and lethality

   

   

• firearms restrictions: judicial responsibility to “check the box;” policies and procedures for surrender of weapons

   

   

• the Court of Appeals decision on property/division/retirement benefits

   

Justice Madsen appointed Judge Appelwick, Judie Fortier, Judge Riehl, and Judge Tompkins to work with Gloria on the education proposal.

(2) NAWJ Genome Justice Program

The National Association of Women Judges (NAWJ) will present the Genome Justice program in Seattle, July 8, 9, and 10 at the University of Washington Law School. Justice Madsen and Gloria will work with the NAWJ planning committee to finalize the program and arrangements. The Commission will provide 10 scholarships of $500 each to Washington State judicial officers.

(2) NAWJ Color of Justice Program

Judie Fortier reported the NAWJ Color of Justice program planning committee, chaired by Maggie Chon, met via conference call. The Committee proposes the Commission sponsor the ½ day program quarterly. The first would be in April at Seattle University School of Law and the second program will be in October. The target audience will be 20-30 minority students in junior and senior high school: Faculty will include judges, law school professors, attorneys, and law school students.

The Committee will work with Chief Leschi School in Tacoma to implement the first program.

It was moved and seconded to allocate up to $2,000 for program implementation through June 30, 2005. Motion carried.

(3) DMCJA, Immigrants in the Courts

The program is scheduled for a four-hour plenary session on June 8, 2004 at the District and Municipal Court Judges’ Association Conference in Chelan. Gloria will work with the DMCJA Diversity Committee to implement the program.

Civil Legal Needs Study

Judges Appelwick and Schindler, Dan Thieme, and Lindsay Thompson reviewed the Civil Legal Needs Study and noted the study provides empirical data that requires us to focus and reaffirms what the Commission has been doing. Of particular interest were the findings regarding the legal needs of women, minorities and other groups and the perceptions of those who provide legal services and the need for those services. Discussion followed on these findings/concerns.

 

• Women and children have more legal problems than the general population, especially on matters relating to family law and domestic violence. (p.29-31)

   

   

• The highest need for legal services, by problem area, is housing. (p.33)

   

   

• Stakeholders identified family law as the major unmet civil legal need of low-income individuals. (p. 79)

   

   

• Nearly half of all low-income people with legal problems did not know there were laws to help them or they could get help. (p.47)

   

Suggestions and comments from Commission members included:

 

• Local Domestic Violence Summits are a way to get information to people about what laws are available to protect them. Follow-up Summits can be held to continue work on these problems and presentation on technology could be made to service organizations for local funding.

   

   

• Improve/provide self-help tools, access, and instruction on the Internet, and phone service. Check on what is involved in the kiosk and Public Legal Education (PLE) forms projects.

   

   

• Support new practice areas for the Limited Practice Board and unbundled legal services.

   

   

• Provide attorneys to assist courthouse facilitators and DV legal advocates.

   

   

• Housing: It was suggested we do a cross correlation on the responses addressing domestic violence and housing. It was noted no one in Tacoma dealing with landlord/tenant issues. Legal representation is critical.

   

   

• Work with the Washington State Coalition Against Domestic Violence to lobby for legal advocacy funding. One source is the Byrne Grant.

   

   

• Work with the law schools to get attorneys into rural areas.

   

  The Committee will meet again via conference call and make recommendations regarding what actions the Commission might take.

Glass Ceiling Projects/Programs

Eileen Concannon and Judith Ramseyer reported the Task Force has presented their materials to the Board of Governors and sent copies of the resource manual to the ABA Committee on Women in the Legal Profession for a symposium in New York. The next steps include taking the education program across the state and focusing on the diversity initiatives commitment launch in March or April.

Justice Madsen noted she addressed these issues when the Board of Governors met with the Supreme Court. The Commission will continue to support this project and collaborate on the program.

Law School Liaisons/Projects

Debora Maranville, chair of the Gender Study Committee at the University of Washington Law School, reported on their gender study. They looked at research done by other institutions and chose to conduct methodologically sound research to gather objective data on male and female law school students. Data elements included: demographics, experience with classes; experience of sexual harassment; career goals; and psychological indicators of depression and motivation. Demographic data includes gender, age, race, marital status, and children.

The survey was administered in 2002 at new student orientation, in the spring quarter, and with half of the 2^nd and 3^rd year classes.

Preliminary findings indicate not a great deal of difference between the male and female respondents and relatively low rates of sexual harassment. Anecdotal comments have not yet been reviewed. Both groups reported not receiving much mentoring in seeking jobs. There is some indication women are more depressed but that may because they are more willing to admit it. Students who are the most comfortable with the Socratic Method do worse psychologically.

Analysis of the data began in 2003. Their hope is the final report will result in the report and separate social science pieces being published.

Commission members commented the data is good, now the next step of the glass ceiling efforts is to identify why women and people of color don’t succeed in law firms. How do we develop a “bridge” to create a professional environment that is fair?

It was also suggested the survey be continued another year and the instrument be shared with other law schools to see if the results would be similar. D. Maranville noted there is no funding to continue the student study. No work has been done with staff.

Gloria Hong and Noel Dawn, representative of the Women’s Law Caucus, noted that two members of each class served on the Gender Study Committee. They are working with Prof. Maranville to present the findings at the law school and will help provide informal peer networks. They were interested in Cara Nord’s study and the differences between the public and private law schools.

Justice Madsen, Judge Tompkins, Helen Donigan, Lourdes Fuentes, and Eileen Concannon offered to continue working on these issues. The Commission does have some funds available to continue the work.

Domestic Violence

The Commission is distributing the National Council of Juvenile and Family Court Judges’ updated Full Faith and Credit Bench-cards with a memo from Justice Madsen.

(1) STOP Grants to the Courts (G. Hemmen)

Current STOP grant project reports were included with the meeting materials. Members were welcome to attend any of the upcoming programs:

1. February 20, Pro-tem Training in Tacoma
2. March 7-8, Enhancing Judicial skills in DV, King County
3. March 26, DV/CPS Summit

Requests for new STOP Grant funding are due January 14. The Evaluating Committee, Justice Madsen, Judges Appelwick, Schindler and Tompkins, Mary Pontarolo, and Sandra Matheson, will select those to advance to round two during a conference call on January 22.

(2) Scholarships for Judicial Education

Four judges are scheduled to attend the Enhancing Judicial Skills in Domestic Violence Cases Workshop in Chicago, April 25-28. We have openings for two more. Another reminder will be sent to rural courts regarding this scholarship opportunity. If necessary we can offer pro-tem reimbursement for the rural court judges.

(3) Rural DV and Child Victimization Grant

The new grant, faculty/planning committee meets right after the Commission meeting. Members include Dr. Anne Ganley, Gloria Hemmen, Leigh Hofheimer, Commissioner Bill Knebes, Justice Barbara Madsen, Commissioner Tracey Mitchell, Judge Theresa Pouley, and Indra M. Trujillo. This project will develop new training on domestic violence and child dependency cases. Two trainings will be presented in rural counties and one at a state conference. The group will coordinate with the work being done by the DV/CPS Summit project chaired by Justice Bridge and funded with our STOP Grant.

(5) DV Legislation, Tacoma Committee

Justice Madsen and Judie Fortier provided an update on the task force on law-enforcement involved domestic violence. Legislation has been drafted that would require law enforcement agencies to collaborate with a local domestic violence group to develop a policy or adopt the Washington Association of Sheriffs and Police Chiefs’ model policy on law enforcement related domestic violence. The bill will be e-mailed to Commission members for review.

It was moved and seconded to endorse the concept of the legislation. Motion carried.

(6) Model Workplace Domestic Violence Policy

Dan Thieme reported the Sub-committee is continuing to revise the draft policies. The final draft will be circulated for comment.

Judge Riehl will introduce the draft policy and describe the work being done by the Commission during the opening session at the Presiding Judges’ Conference, February 29. He will have an opportunity to discuss the STOP Grant funded projects and distribute the Whatcom County Domestic Violence Court Guidelines.

(7) Survey on DV Orders in Family Law

Merrie Gough reported she will be meeting with Judge Riehl and the new committee to review the court survey and discuss if changes need to be made to the domestic violence and family law pattern forms. They will look at the restraining language on protection order forms and firearms restrictions. Members include Janet Helson, FLEC, Sara Ainsworth NWWLC, Grace Huang, WSCADV, Susan Klontz, WSACC, Pam Loginsky, WAPA, Muriel Mickel, WSP, Bruce Miyake, USDOJ.GOV, and Patty Shelledy.

Adjournment

The meeting adjourned at 12:20 p.m.