Gender and Justice Commission

November 12, 2004

PRESENT

Commission Members: Justice Barbara A. Madsen, Judge Marlin Appelwick, Eileen M. Concannon, Jeralita Costa, Helen Donigan, Tom Fallquist, Lourdes Fuentes, Jennefer Henson, Grace Huang, Michael Killian, Sandy Matheson, Mary Pontarolo, Judge Jim Riehl, Judge Ruth Reukauf, Dan Thieme, Lindsay Thompson, Judge Linda Tompkins

Guests: Merrie Gough, Ami Tsai, Judith H. Ramseyer, Tracy Hoctor, Ronda Neilsen, and Patty Cooper

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 September 10, 2004 meeting minutes. Motion carried.

Annual Report

The 2003-2004 annual report has been distributed to the Supreme Court, the Governor, the Board for Judicial Administration, presiding judges, county clerks, and court administrators. Copies will be sent to select legislative committees and women in leadership in January.

Budget Report

The Commission reviewed the budget report and memo from Janet McLane confirming that there will be a 5.02% reduction, $8,493, to our current budget allocation. It was also noted, the $40,961 in unexpended FY02 STOP Grant funds must be expended by Dec. 31, 2004.

Funding Requests

The Northwest Immigrants Rights Project will not be submitting a revised funding proposal until they can hire additional staff to work on their proposed court education/training project.

Action was taken on these funding requests:

 

1. It was moved and seconded to approve the allocation of $1,000 to copy and distribute the Law Firm Hiring, Retention, and Productivity Resource Manual and resource materials to the twenty-two Initiative for Diversity Governing Council members, other specialty BAR associations, and Commission members who request a copy. Motion carried.

    

2. It was moved and seconded not to authorize funds for scholarship assistance to pay the incidental fees (which cover meal overages and coffee breaks) for the King County Superior Court judges attending the 12/13-16 training Domestic Violence: Enhancing Judicial Skills Around Supervised Visitation. Motion carried.

    

3. It was moved and seconded to offer 1 scholarship to each county (via the superior court administrator) for the $40 registration fee and travel to send a Court Appointed Special Advocate (CASA) or Guardian Ad Litem (GAL) volunteer to the ½ day Peter Jaffe domestic violence training on 12/1/04 in Tacoma. Motion carried.

Grace Huang also suggested grant funds might be used to purchase copies of the Washington State Coalition Against Domestic Violence fatality review report. It was suggested someone from the Coalition come to the January meeting to talk about the recommendations in the report.

EDUCATION PROJECTS/PROGRAMS/ACTIVITIES

Sexual Orientation and the Law, 47^th Washington Judicial Conference

The Commission reviewed the program evaluations and positive comments from members who participated in the premier presentation of From Gay Marriage to Domestic Violence to Hate Crimes: What You Need to Know About the Cases Coming to Your Court, the judicial education program on 9/21/04 in Spokane. Faculty and attendees noted the program was an exceptional success and historic event. More than 150 judicial officers attended the program.

After the program, the WSBA and Northwest Women' s Law Center requested permission to distribute the Judicial Benchguide on Sexual Orientation and the Law at continuing education programs.

The Commission welcomes suggestions for getting the information to other groups.

Genome Justice Education Proposal for the 48^th Washington Judicial Conference

The Commission approved submitting an education proposal for a 3 hour Genome Justice session at the 48^th Washington Judicial Conference, 9/18-21/05 in Tacoma. The program would be adapted from the National Association of Women Judges model curriculum Genome Justice: The Disparate Impact of Genetic Testing on Women and Vulnerable Populations.

Copies of the Bloodlines video shown at the pilot program in Seattle and study guides are available for Commission review.

Color of Justice Program in Eastern WA

Judge Tompkins and Helen Donigan are working to identify a school contact in Spokane. We need a liaison to recruit students. Justice Madsen reported WSBA President Ron Ward offered to participate as a panel member in our next program.

Initiative for Diversity Governing Council - WSBA

Judith Ramseyer reported the Initiative for Diversity Governing Council (IDGC) had its first meeting in October. A broad base of legal representatives, including Microsoft, Starbucks, and law schools, attended. After the successful Initiative for Diversity Summit last spring, there were some set-backs in convening the group. The number of permanent seats on the IDGC was expanded and more education has been required to inform the group of the resources available and work already accomplished by the Glass Ceiling Task Force.

She noted the original vision for the Commitment to Diversity may not be the final one. The IDGC is operating strictly with volunteers now. As committees are drafted, contributions will be encouraged and a funding source will be necessary for administrative help and materials. The WSBA will provide in-kind support but determined staff for the project should be an independent contractor.

DOMESTIC VIOLENCE PROJECTS

Domestic Violence Summits

Goldendale, Kittitas County

Tracy Hoctor, Ronda Neilsen, and Patty Cooper, members of the Goldendale Domestic Violence Task Force, thanked the Commission for funding the Goldendale DV Summit on 10/2 and providing a major opportunity to bring education to Klickitat County. Fifty people attended. Speakers included Nan Stoops, Washington State Coalition Against Domestic Violence Executive Director, and Judge Susan Arb, Moxee City Municipal Court. They had support from the city council, judges, and local merchants. Action plans are being implemented and they are working with the Family Resource Center in the West End of the county. A 2^nd annual summit is being planned.

Mason County

The Commission reviewed a written report on the Mason County DV Summit on 10/25 from Turning Pointe Domestic Violence Services. Matt Adams, Northwest Immigration Rights Project, spoke on immigration issues. Commission funding provided 16 registration scholarships in addition to general program support.

Rural DV and Child Victimization Grant

The Rural DV Grant is making slow progress. The faculty members are meeting monthly by conference call. Teams have been recruited from Grays Harbor, Jefferson, Kitsap, and Mason counties dependency courts for the February 25 training in Shelton.

A tribal court team still has to be recruited.

The education proposal for a 3-hour session on Best Practices in Dependency and Domestic Violence Cases at the Superior Court Judges' Association Conference at Skamania Lodge was accepted. We are on the agenda for Tuesday, April 19, 2005.

STOP Grants to the Courts

(1) FY02 Grant Status

$40,961 of unexpended grant funds has been rolled over. However these funds must be spent by 12/31/04.

(2) FY03 Grant Status

Grant projects in Douglas and Walla Walla are active. Pierce County expects to have their domestic violence video completed in December. Stevens County has had staffing issues that delayed their project and Asotin County has just started. Project status reports are due in December. This grant ends 3/31/05.

(2) FY04 Grant and Request for Proposal (RFP)

The Request for Proposal (RFP) for new court-related projects was presented for review. It will be sent out to Presiding Judges and Court Administrators and posted on the Court' s Website on 11/16. $104,985 is available for projects through March 31, 2006. Responses are due 1/12/04. Judge Tompkins agreed to remind Presiding Judges at the December conference that these grant funds are available to the courts.

Commission members Costa, Huang, Killian, Madsen, Matheson, Pontarolo, and Reukauf volunteered to serve on the RFP Evaluating Committee.

Domestic Violence Manual for Judges Update

Judge Helen Halpert is supervising a contract with an attorney beginning the legal updates to the Domestic Violence Manual for Judges. A contract will be developed with Dr. Anne Ganley to re-write her sections.

Consensus was the revised manual should include a chapter on immigration issues. Grace Huang volunteered to assist with this section.

Model Workplace Domestic Violence Policy

Dan Thieme reported the Workplace Domestic Violence Policy Committee met via conference call on 11/9 and recommends submitting the policy to the Supreme Court for review and adoption. The goal is to start with the Supreme Court and then recommend local courts adopt it.

He noted the draft was circulated to the courts for comment and the committee considered issues including employee unions, court neutrality, and county clerk/executive branch authority. The Policy distributed at the meeting includes new drafter' s comments clarifying points of committee discussion.

It was moved and seconded to recommend the adoption of the policy by the Supreme Court. Vote was deferred until all members of the Commission could review the drafter' s comments. The policy will be sent out via e-mail for comment and vote.

If the Commission approves the policy by November 18, 2004, it may be presented to the Supreme Court at their December 2, 2004 En Banc.

Incorporating Domestic Violence into Law School Curricula and The Impact of Domestic Violence on Your Legal Practice

No further action has been taken on these American Bar Association (ABA) publications.

Extending Project Passport Regional Meeting, 10/28-29

The National Center for State Courts invited the Administrative Office of the Courts to send a team to a regional meeting on Extending Project Passport. This is a Full Faith and Credit project to improve recognition and enforcement of orders of protection within and between states and tribes by adopting a recognizable first page for civil orders of protection (i.e., to include common data elements). The model first page was included in the meeting materials.

Team members included: Judge Riehl (judicial representative), Grace Huang (Washington State Coalition Against Domestic Violence), Merrie Gough (Washington Pattern Forms Committee), James Senescu (Clark County Prosecuting Attorney' s Office, Washington Association of Prosecuting Attorneys), Susan Klontz (King County Judicial Administration, reporting to the County Clerk), Diane Harrison (Washington State Patrol Auditor) and Gloria Hemmen (Gender and Justice Commission). Judge Theresa Pouley (Lummi Tribal Court) was both faculty and a team member.

Consensus was to accept the team' s recommendation to create and adopt a new first page for the Washington State protection order mandatory forms. Merrie Gough will work with Judge Riehl and the Domestic Violence Protection Order and Domestic Violence Pattern Forms Committees to prepare a draft to review at the January meeting.

It was moved and seconded to use $3,500 in STOP Grant funds to call together the Washington State and Tribal team who attended the Full Faith and Credit meeting in 2001 to get support for the project. Motion carried.

There was also consensus that work needs to be done to ensure the new form is used. Suggestions include asking the Supreme Court support use of the forms; having teams of 2-3 judicial officers speak at the judges' conferences this spring; and offering financial assistance to courts to print the new forms.

Revising Protection Order Forms - Domestic Violence and Family Law

On behalf of the Domestic Violence Protection Order Committee, Merrie Gough presented the following materials:

 

1. Recommended Form Modifications Relating to Federal Firearm Restrictions and Relating to Domestic Violence Protection Orders. (An explanatory memo and two no-contact order forms.)

    

2. Recommended Form Modifications Relating to Federal Firearm Restrictions. (An explanatory memo and restraining order provisions in dissolution and parentage forms that would qualify for federal firearm restrictions.)

    

3. Proposed Modifications to Family Forms Relating to Domestic Violence Protection Orders. (An explanatory memo and drafting changes allowing a final order of protection be entered in a family law case.)

The forms included with memo 1 have already been approved by the Commission. Merrie requested the Commission review and send comments to her on the others.

Action will be taken proposed changes at the January meeting.

OTHER BUSINESS

Visit to the Washington Correction Center for Women

Commission members interested in visiting the Washington Correction Center for Women after the March 3, 2005 meeting should complete the security form and send it to Gloria Hemmen.

ADJOURNMENT

The meeting adjourned at 12:40 p.m.