Gender and Justice Commission

May 13, 2005

PRESENT

Commission Members:  Justice Barbara A. Madsen, Maggie Chon, Jeralita Costa, Helen Donigan, Tom Fallquist, Judie Fortier, Jennefer Henson, Grace Huang, Michael Killian, Sandy Matheson, Mary Pontarolo, Judge Jim Riehl, Judge Ann Schindler, Dan Thieme, Lindsay Thompson

Guests:  Sara Ainsworth, Brendan Doncker, Jeffrey Edelson, Merrie Gough, Leigh Hofheimer, Andra Motyka, Tracy Sarich

Staff:  Gloria Hemmen

CALL TO ORDER

Justice Madsen called the meeting to order at 9:05 a.m.

COMMISSION BUSINESS

Approval of Minutes

It was moved and seconded to approve the March 11, 2005 meeting minutes.  Motion carried.

Budget Report

The Commission reviewed the budget status report and took action on funding requests.

1)         It was moved and seconded to allocate $7,569 for the Washington State Coalition Against Domestic Violence project to design and implement a new database for the Washington Domestic Violence Fatality Review Project, providing the work can be completed by June 30, 2005.  Motion carried.  It was suggested that information from the Fatality Review might be included in the Domestic Violence Manual for Judges and a link to the report and the recommendations to the courts might be included on the AOC website.

2)         It was moved and seconded to approve up to $5,000 for the 2^nd Goldendale Domestic Violence Summit.  Motion carried.  The organizers will be asked to include Full Faith and Credit on the program agenda. 

3)         Consensus was to support the Native American Summit on Gender, Family, and Community Violence.  Allocation of $3,000 in funding is dependent on clarification of the organization’s non-profit status and agreement to include Full Faith and Credit in the program.  Final vote will be taken via e-mail.

4)         It was moved and seconded to proceed with hiring a .5 FTE entry-level law clerk to assist with Commission work in 2005-2006.  Motion carried.  It was recommended the job description not be limited to legal research so the clerk could work on a variety of Commission projects.

Membership

Justice Madsen presented service awards to retiring members Mary Pontarolo and Helen Donigan and thanked them for work on behalf of the Commission.  Awards will be mailed to retiring members Judge Ruth Reukauf and Lourdes Fuentes.

Judge A. Schindler, Nominating Committee Chair, requested members review the list of candidates and send comments to her.  The Committee will present a recommendation for new members at the next meeting or via e-mail.

Justice Madsen appointed Grace Huang to serve on the Nominating Committee.

PROJECT STATUS REPORTS

STOP Grants to the Courts

FY03 STOP Grant: The Commission viewed the video How to Get a Protection Order, the Pierce County FY03 STOP Grant funded project.  Andra Motyka, Pierce County Superior Court Administrator, reported 150 English and Spanish versions of the VHS and DVD were distributed to law enforcement, the courts, public libraries, and domestic violence programs/shelters, advocate groups, and local colleges.  Training was provided to the judges and court staff.

A survey was taken after showing the video in the Clerk’s Domestic Violence Unit.  The results were positive – it is easy to understand and not too long.  They are working to make the video available at the clerk’s public information kiosks, remote court locations for domestic violence orders (Gig Harbor, Lakewood, and possibly Puyallup) and on the court’s website.  There is a need to make the video available in other languages.

Interest was expressed in having the Commission produce a generic, state-wide version of the video that could also be web/computer-based. 

The FY03 Grant projects concluded March 31, 2005.  The Office of Crime Victims Advocacy has agreed to roll-over unexpended funds to the FY04 contract but has requested a detailed budget for how the funds will be expended.  It was agreed the grant evaluation committee will determine how the roll-over funds will be allocated.

FY04 STOP Grant:  New contracts continue to be finalized for projects in 2005-2006.

Full Faith and Credit Meeting

Tom Fallquist reported on the Full Faith and Credit Meeting yesterday afternoon.  Twenty-one interested parties, including six tribal court judges and Commission members Jeri Costa, Helen Donigan, Grace Huang, and Judge Jim Riehl attended the meeting.  It was evident that progress has been made to ensure recognition of foreign protection orders but there are still problems to be resolved in serving, recognizing, and enforcing tribal court orders.

Key recommendations were:

·           to have more frequent team meetings;

·           focus on consistency and uniformity in state and tribal protection order forms and procedures, and

·           continue training or summits for judges, court clerks, law enforcement, and prosecutors. 

It was requested that a chart be prepared for the next meeting showing what data is available on Full Faith and Credit protection orders including where foreign protection orders have been filed in state court, numbers of orders issued by tribal courts, and numbers of foreign orders entered into the law enforcement information system.

The group reviewed the revised Washington State protection order form and the model first page was recommended by the Extending Project Passport project.  It was agreed that after the state form is approved, the Commission will send the Washington forms and the Project Passport model to the Northwest Tribal Court Judges’ Association with a request that the members consider revising their tribal protection orders to include the 4-5 important, nationally recommended, data elements on the first page.  Judge Elizabeth Fry agreed to distribute the forms and letter to the organization and the Full Faith and Credit Training scheduled for July 18-19 in Seattle.

Commission members suggested judges, law enforcement, and prosecutors need training on the new forms.  Bullet points highlighting the changes should accompany the forms.  It was also suggested all future domestic violence summits should be required to include Full Faith and Credit on their program agendas.

Revised Protection Order Forms

Merrie Gough presented the last draft of the revised Domestic Violence Protection Order Pattern Form and summarized the comments received from constituent groups who reviewed the draft forms.  Included with the materials was a request from the Washington Association of Criminal Defense Lawyers for the Commission to consider other issues including mandatory arrest and domestic violence advocates.

Justice Madsen thanked Merrie Gough for her work.  M. Gough thanked the committee members who worked on the project,

It was moved and seconded the Commission approve the revised Washington Protection Order as developed and, recommend the Pattern Forms Committee review the comments, address concerns, and adopt the forms.  Motion carried.

Justice Madsen will send a letter to the chair of the Pattern Forms Committee recommending approval of the revised forms at their June 3 meeting.  Chief Justice Alexander will be asked to sign a letter to accompany distribution of the revised forms to the courts.  The letters will emphasize these are mandatory forms. 

Judie Fortier requested we consider the new issue of protection orders on military bases at a future meeting. 

Rural DV and Child Victimization Grant

The Rural Domestic Violence Grant presented the second Promising Judicial Practices in Domestic Violence and Child Dependency Cases training at the Superior Court Judges’ Association Conference at Skamania Lodge on April 18, 2005.  Approximately 100 judicial officers attended the 3 hour session.

The third training is scheduled for October 7, 2005 in Wenatchee for dependency court teams from Chelan, Douglas, Grant and Kittitas counties and the Colville Tribal Court.

American Bar Association (ABA) Commission on Domestic Violence

Judge Riehl reported the ABA Commission on Domestic Violence was very pleased with the success of the Continuing Legal Education (CLE) program Effective Use of Expert Witnesses in Domestic Violence Cases, on April 8, 2005 in Seattle.  This was their first effort to partner with legal organizations in the city where they held a meeting. 

The eighty CLE attendees represented 18 Washington State counties and included the defense bar, prosecutors, legal aid, domestic violence advocates, and the military.  Seven judges participated.  Gender and Justice provided twenty-eight scholarships for travel and/or tuition and produced the materials for the training.

Chief Justice Alexander and Washington State Bar Association (WSBA) President Ron Ward provided welcoming remarks at the reception.  Justice Madsen and Judge Riehl received awards.  The ABA thanked Eileen Concannon, Riddell Williams, and Dan Thieme, Littler Mendelson, for their firms’ support for the reception.

Justice Madsen, Judie Fortier, Grace Huang, and Gloria Hemmen presented an overview of the Gender and Justice Commission’s work at the ABA Commission’s meeting on April 9.  Judge Riehl noted the ABA was impressed with the amount of domestic violence education provided for Washington State judges.

It was agreed the Commission will offer to partner with the WSBA Family Law Committee and the ABA Commission on Domestic Violence to present a domestic violence CLE in 2006.  It was suggested scholarships be included for law school students to attend the sessions.

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

The Genome Justice session at the 48^th Washington Judicial Conference in Tacoma is scheduled for Tuesday, September 20, 2005 from 8:30 a.m. – 12:00 Noon.  The Superior Court Judges’ Association (SCJA) Equality and Fairness Committee is working with the Commission on planning for the program. 

Model Domestic Violence Workplace Policy

Justice Madsen reported the Supreme Court Departments were receptive to and are working on adopting the model workplace violence policy.  Our next goal is to present the model at the presiding judges’ conference in December.

Diversity Commitments Initiatives/

Justice Madsen reported work is continuing on the Initiative for Diversity Governing Council (IDGC).  The goal of the Diversity Commitments is to recruit, retain, and promote diversity efforts based on the Glass Ceiling Survey and report recommendations.  Justices Madsen and Johnson are meeting with minority bar associations regarding the IDGC.

NEW/OTHER BUSINESS

The Hague Convention Project

The Access To Justice Institute (ATJI) at Seattle University Law School invited Justice Madsen to participate in a CLE program on The Hague Convention and Domestic Violence.  The symposium included information and resources for individuals, attorneys, and non-lawyers who litigate or participate in cases involving the Hague Convention on the Civil Aspects of International Child Abduction where domestic violence is an issue.  The goal was to make legal professionals aware of increased resources that are available. The ATJI website has additional information.  www.law.seattleu.edu/accesstojustice/hague

Seattle University Law School students Tracey Sarich and Brendan Doncker and their advisor Professor Jeffrey Edelson volunteered to prepare a chapter for the Domestic Violence Manual for Judges on these issues.  Justice Madsen, Judge Schindler, and Lindsay Thompson will serve as their Advisory Committee.

Law Enforcement Policies on Officer Involved Domestic Violence

Leigh Hofheimer distributed the Washington Association of Sheriffs and Police Chiefs Resolution 03-2 and an outline of actions taken in response to the statutorily required development of training regarding the Officer Involved Domestic Violence Model Policy.  She noted the Coalition is asking advocates if they have been contacted by law enforcement agencies to develop their policies.  Whatcom County Domestic Violence and Sexual Assault Services reported 10 law enforcement agencies have contacted them.  Technical assistance is needed regarding some problems that have arisen, such as the requirement that law enforcement employees who are victims must self-report or face punitive action.  Another problem is the decrease in Byrne Grant funding for domestic violence advocates.

NAWJ Conference 2005

The 2005 National Association of Women Judges Conference is scheduled for October 19-23 in Houston.  Judges Schindler and Thompkins indicted interest in attending.

Access to Justice Technology Principles

The Commission is invited to attend the Access to Justice Technology Bill of Rights Celebration on May 20, 2005 at Seattle University School of Law.

Washington Correctional Center for Women

Commission members Madsen, Huang, Matheson, Tompkins, and Hemmen toured the Washington Correction Center for Women (WCCW) after the March meeting.  WCCW staff provided informative speaking notes for anyone interested in addressing the community about correctional issues.  

ADJOURNMENT

The meeting adjourned at 12:50 p.m.  The next meeting is scheduled for July 8, 2005.  Commission members will be notified via e-mail if that meeting is cancelled.

Gjcom/minutes/2005/051305/Minutes.doc