Gender and Justice Commission

September 13, 2002

PRESENT

Commission Members: Justice Barbara A. Madsen, Judge Marlin Appelwick, Eileen M. Concannon, Professor Helen Donigan, Mary E. Fairhurst, Kathy Cooper Franklin, Thomas R. Fallquist, Sandra Matheson, Judge Ruth Reukauf,, Judge Ann Schindler.

Guests: Brian Backus, Nashra Rahman, Pamela Loginsky, Judge Lawrence Numkena, Judge Teresa Pouley,

Staff: Gloria Hemmen, Administrative Office of the Courts

CALL TO ORDER

Justice Madsen called the meeting to order and asked Commission members and guests to introduce themselves.

COMMISSION BUSINESS

Approval of Minutes

The minutes of the May 10, 2002 meeting were approved.

Budget Report

A written budget report was reviewed.

Membership

Justice Madsen confirmed that Judge Ann Schindler will chair the Nominating Committee.

CURRENT PROGRAMS AND PROJECTS

Glass Ceiling Task Force Facilitator

Eileen Concannon thanked the Commission for its support of the Glass Ceiling Survey and the Task Force Facilitator. She noted progress had been made during the summer on the implementation goals: (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.

Nashra Rahman provided a written Glass Ceiling Task Force Facilitator Report and a Report on the American Bar Association Conference, 2002.

The Facilitator report includes an update on goals and objectives accomplished regarding women and minorities in the profession. A new broad based Minority Advisory Council was created to expand the diversity of the Glass Ceiling Task Force. Attachments to the report include information on the San Francisco Bar Association' s No Glass Ceiling Task Force and " Breaking the Glass Ceiling 2002 Commitments."

She highlighted ABA events sponsored by the Women in the Profession and the Ethnic and Racial Minority Bar Committees and the Summit " Keeping Her in Her Place." Keynote speakers and a panel highlighted recent studies on women in the law and discussed how to make change. Catalyst, a non-profit research and advisory organization, distributed a brochure entitled: Making Change: Advancing Women in Law Firms.

Since the ABA mid-year meeting is scheduled for Seattle in February, a suggestion was to capitalize on the event by holding Glass Ceiling program/event at the same time.

Discussion followed on making an economic case for law firms to retain women lawyers; helping women understand how to create business; and educating law firms on the illegality of practices through harassment training,

Nashra pointed out the first draft of a Resource Manual has been written and the remainder of her contract will be used to complete that project.

Justice Madsen indicated the Commission will continue to be involved with the project.

Full Faith and Credit - Current Activities

Justice Madsen welcomed members of the Full Faith and Credit Team to the meeting and asked about progress made to implement the recommendations from the Northwest Regional Meeting on Implementing Full Faith and Credit in February 2000. She noted the project is losing a great supporter since Senator Costa was not seeking reelection but affirmed the Commission will continue to work on these issues.

(1) Facilitating entry of tribal court orders into the Judicial Information System (JIS) and WACIC and NCIC, the law enforcement data bases.

Pam Daniels is continuing work on the pilot project. Copy of the Snohomish County Clerk' s Office Tullalip & Stillaguamish Tribal Courts Foreign Protection Order Filing Protocols/Procedures and Forms was distributed. Pam was unable to attend this meeting because she was presenting at the Northwest Tribal Court Judges' Association Regional Full Faith and Credit Conference in Spokane. She has made presentations at all five of the regional conferences.

Commission members, Judges Riehl, Reukauf, and Tompkins, have also participated in the regional conferences. Judge Reukauf reported wonderful interaction between state and tribal court judges at the recent conference in Yakima. Judge Tompkins is speaking at the Spokane Conference today and Judge Riehl participated in the April program in Pierce County. Judge Reukauf and Judge Teresa Pouley are serving on the planning committee for the state conference, October 24-25 at SeaTac.

(2) Education/training on gun issues.

Pam Loginsky reported increased awareness of the issues and continuing progress. Tribal Court prosecutors again were invited to the Washington Association of Prosecuting Attorneys (WAPA) training. Prosecutors are having success prosecuting full faith and credit cases. She has received questions regarding what documents people who are leaving the state need to take with them. Still to do is adding selected RCWs, 26.52 for example, to the Law Enforcement Information sheet.

(3) Providing tribal court judges access to the state court judicial information system (JIS).

Brian Backus, AOC Information Services Division, provided an update on progress to make part of the database accessible to tribal courts. He noted Senator Costa introduced a Senate Joint Memorial [SJM8034 - Requesting that the Supreme Court enter into compacts with the Tribal Nations concerning criminal justice information] but it didn' t pass. The Board for Judicial Administration did endorse the proposal.

He noted the statewide trial and appellate judicial information system is a case management system and a data base. It displays criminal history and domestic violence protection orders. Currently we are working on technical issues, contract design, and liability issues, and deciding how to display information. There are 2 display options: (1)JIS Link which is a service to people outside of the court system. It is a legacy based system with a high learning curve or (2) the Judicial Access Browser (JABS), a web-based system designed for limited use. Currently JABS is not available over the Internet but it is easier to use and a better way to display information.

As soon as these issues are resolved, the next step is meeting with the tribes and implementing pilots.

A discussion followed on imaging, training, state/tribal contracting, and implementing pilot projects in counties where full faith and credit protocols have already been developed.

Judge Pouley indicated 10-15 of the tribes with the highest populations and independent courts might be interested in JIS access. She also noted the Lummi Tribal Court hopes to e-mail their DV orders to the Whatcom County Clerk who would then post them on their website. The Internet server would have secure access.

The issue of orders not being entered into WASIC continues. It was noted the/Washington State Patrol has been included in the regional FF& C conferences. Pam Loginsky reported she attended the 3-day NCIC terminal operator training and provided firearms training. Efforts are being made to train terminal operators to return orders to the courts if the required data elements are not provided. NCIC is also working to let us use other data elements, such as victim name.

Tom Fallquist emphasized unique protocols have to be developed in each county. He recommended piloting projects in counties that have imaging. He also noted the benefits of with local domestic violence consortiums or task forces and asked if any tribal court judges were involved.

Neither Judge Pouley nor Judge Numkena is a member of a county DV group.

It was suggested remaining STOP grant funds be used for pilot projects. [Note these funds expire January 31, 2003].

It was agreed the Commission will support a continuing FF&C work committee. Justice Madsen asked Judge Reukauf to coordinate the work group. Judges Numkena and Pouley and Pam Loginsky volunteered to serve. Judge Appelwick will check with Senator Costa regarding her interest in being part of the continuing efforts.

Unintended Consequences: Removing Obstacles to Justice for Immigrants in the Courts

Planning continues for the October 1, 2002 program at the 45^th Annual Judicial Conference in Spokane. The agenda and a draft of the program manual was reviewed.

Task Force on Civil Equal Justice

The Commission reviewed a written status update on the Civil Legal Needs Survey. Judge Appelwick noted the report will be completed near the end of the year. Cross-tabs on our questions will come later.

VAWA Grants

Judicial Education

The Commission was awarded $14,000 to send up to 15 court commissioners to attend Unintended Consequences: Removing Obstacles to Justice for Immigrants program at Fall Conference. Each will be awarded up to $900 to be used for travel, lodging, per diem, and/or pro-tem reimbursement costs.

It was agreed that any remaining funds would be used to make 100 additional copies of the program notebook to send out to judicial officers who did not attend the conference.

STOP Grant to the Courts

2^nd Quarter reports from the 5 project sites were reviewed. Whatcom County has completed its project. Copies of the Whatcom County Judicial Guidelines for Domestics Violence Matters were distributed. The Tacoma Municipal Court pro-tem judicial training is scheduled fro October 4, 2002. A reminder will be sent to each contractor requesting an estimate of funds that will not be expended.

Domestic Violence Summits

The Mason County Domestic Violence Summit is scheduled for October 28, 2002.

The Thurston County Domestic Violence Summit is scheduled for January 31, 2003.

American Bar Association (ABA) Commission on Domestic Violence

Judge Riehl submitted ABA Commission on Domestic Violence background information as well as the August meeting agenda, membership list, and relevant resource materials.

Judge Appelwick noted in the packet were amendments to the Uniform Interstate Enforcement Act. Washington State' s Act preceded adoption of the Uniform Act. He has been contacted by the Commissioners on Uniform State Laws to adopt the Uniform Act. He will work with Judge Riehl on the issue.

OTHER BUSINESS

Eileen Concannon noted there is a conference on international trafficking issues at the University of Washington on October 24. Discussion followed on the Commission' s possible involvement in international gender issues. For example, other countries have passed resolutions condemning the stoning of the woman in Nigeria. Since the Commission is not a political body, it was suggested that individual Commission members might write a guest editorial on the issues rather drafting a resolution and sending out a press release. The Commission must make sure the issues it supports fit within our mission.,

NAWJ CONFERENCE

Justice Madsen and Gloria Hemmen will attend the National Association of Women Judges' conference in Minneapolis, October 16-20. One day of the conference will be dedicated to a meeting of the Gender Fairness Task Forces, Commissions, and Committees.

NEXT MEETING AND ADJOURNMENT

The next meeting is scheduled for November 8, 2002. The meeting adjourned at 12:30 p.m.