Washington State Gender and Justice Commission

Washington State Gender and Justice Commission

Friday, November 14, 2008

Meeting Minutes

Members in Attendance: Justice Barbara Madsen, Ms. Barbara Carr, Ms. Jeri Costa, Judge Sara Derr, Judge Joan Dubuque, Ms. Lisa Hayes, Ms. Grace Huang, Judge Cynthia Jordan, Professor Natasha Martin, Judge Craig Matheson, Ms. Leslie Owen, Ms. Yvonne Pettus, Judge James Riehl, Mr. Bernie Ryan, Judge Chris Wickham, and Ms. Myra Downing, Commission Coordinator

Members Absent: Mr. Mike Killian and Judge John Schultheis

Guests: Dr. Tom George, Dr. John Martin, and Mr. Chris Ruhl

COMMISSION BUSINESS

September 12, 2008 meeting minutes were approved.

Gender and Justice Commission Budget Report

Commission spending has not exceeded expected expenditures. A reminder was given that there are no carry-over funds in this budget due to a statewide legislative change.

2006 and 2007 STOP Grant Reports

Reports from grantees were reviewed. Lower Kittitas County Commissioner Jim Hurson, King County Superior Court Commissioner Jacqueline Jeske, and Federal Way Judge David Larson were granted scholarships to attend the “Enhancing Judicial Skills in Managing Domestic Violence Cases” held September 2008 in Rhode Island. Commissioner Hurson and Judge Larson sent letters of appreciation to the Commission. Cowlitz County District Court Judge David Koss and Spokane County Judge Gregory Tripp received scholarships to attend Continuing Judicial Skills in Managing Domestic Violence Cases held directly following the Enhancing Judicial Skills class.

Judge Sara Derr provided an overview of the Spokane Mental Health Therapeutic Court (MHTC) that is funded by the STOP grant. A team comprised of the MHTC judge, prosecuting attorney, public defender, mental health evaluator, mental health case manager, probation officer, and the MHTC manager makes the decisions regarding placement and actions for those defendants who meet the criteria to be involved in this court. The case manager does a profile for the court and recommends defendants appropriate for this. The value of the MHTC is that those served have greater access to professional services and more contact with the judge. Court personnel are reviewing the feasibility of shifting cases filed in superior court to district court, if appropriate.

Judge Derr explained that the STOP funding pays for the domestic violence advocate who works to develop a safety plan and ensure protection orders are prepared properly.

Commissioners were provided with a copy of the manual that was designed for lay people to understand the mental health court and the issues facing people who are affected by mental illness and domestic violence.

Domestic Violence and Sexual Assault Conference Report

A conference was held in October that provided sessions addressing violence associated with computers and other technologies. The Commission is interested in using some of the conference materials to develop and offer a session for judicial officers highlighting the problem and possible ways to increase the safety for victims of technology generated domestic violence.

NEW BUSINESS

Domestic Violence Education Proposal for District and Municipal Court Judges’ Association (DMCJA)

The DMCJA approached the Commission about offering a domestic violence program at its annual conference. Justice Madsen and Judge Derr proposed a session entitled “Domestic Violence through a Cultural Lens.” Topics would include issues associated immigration, interpreters, and trafficking and working with ICE. Commissioners discussed challenges for women who were not raised in the United States and who face language and cultural barriers associated with criminal justice systems and community expectations. They also talked about the importance of including information on how culture influences the definition of family.

Sudha Shetty, Sujata Warrier, and Laticia with Legal Services may be potential faculty.

ACTION: Justice Madsen, Judge Derr, Lisa Hayes, Grace Huang, Judge Matheson, Yvonne Pettus and Myra Downing agreed to work on the development of this session.

American Judges’ Association (AJA) Education Request

AJA approached the Commission about offering a session at their conference. It was decided that this may be beyond the scope of the work of the Commission.

EDUCATIONAL PROGRAM REPORTS

Domestic Violence in the Workplace

Ms. Yvonne Pettus reported on the “Domestic Violence in the Workplace” session she offered for Pierce County Superior Court on September 25, 2008. There were 30–40 people in attendance for the training.

Some curriculum changes were suggested. It was recommended that the course be built around the policies of the courts attending the class. The model Domestic Violence in the Workplace policy developed by the Commission should be included in the material. In addition, exercises need to be added that will afford participants the opportunity to work through complexities associated with the topic.

Annual Conference

Justice Madsen reported that the “Sexual Orientation: Issues for the Courts” session received the highest overall ratings of all sessions offered at the Annual Conference in October. The faculty did an excellent job of creating an environment for the judges to apply the information to situations that can arise in their courts. Most of the work was done in small groups with the faculty available to assist and answer questions. It was suggested that the Washington State Bar Association may be interested in this session.

Commissioners discussed possible topics to propose for the 2009 fall conference. The Commission will propose a session addressing women in the military focusing on the intersectionality of rape trauma and post traumatic stress disorder. Research says that 40% of the women in the military have been a victim of domestic violence or sexual assault prior to entering service.

Trafficking was also mentioned as a possible topic.

National Association of Women Judges’ Conference

Justice Madsen reported on the “Hague Convention” session sponsored by the Commission. The session was well received by participants.

Judge Paja was given a scholarship by the Commission to attend the conference. She sent a letter of appreciation to the Commission.

PROJECTS AND PROGRAMS STATUS REPORT

Dissolution Task Force

Leslie Owens provided a review of the Dissolution Task Force Final Report. She began by explaining that the task force was formed because of concerns about the dissolution process, including mandatory joint custody.

The task force was directed to develop:

• Clear and concise dispute resolution procedures.
• Sexual assault training curriculum.
• Consistent standards for parenting evaluators.
• Domestic violence training curriculum for individuals making evaluations in dissolution cases.

They were also charged with studying issues related to:

• Venue for filing and modifying petitions.
• The program established under Section 201 of the Act.

The task force recommendations included:

• Expand the courthouse facilitator program.
• Increase the number of Unified Family Courts.
• Require judicial officers to receive additional domestic violence and sexual assault training.
• Increase funding for dispute resolution services.

A major recommendation coming out of the task force report is to require that anyone conducting parenting evaluations receive domestic violence training. Discussion at meetings surfaced that many guardian ad litems (GAL) had received no training on recognizing signs of abuse. In addition, GAL, Family Court Services, and Independent evaluators have demonstrated that they have not received such training and are not culturally competent. It was noted that there is an educational program offered by the University of Washington Extension Program for professional guardians.

Leslie mentioned that she didn’t know if there will be proposed legislation. One option mentioned during the meeting was sponsoring a court rule to require domestic violence and cultural competency training for GAL and other court evaluators.

Initiative for Diversity Governing Council Reception

Justice Madsen reported on the October 23, 2008 Initiative for Diversity Governing Council (IDGC) Reception held at the Temple of Justice. The purpose of the IDGC is to encourage those agencies and firms that employ lawyers to commit to ensuring diversity in their work force at all levels.

About 40 people were in attendance. Justice Johnson and Justice Madsen were two of the people who welcomed and thanked those in attendance for their interest in supporting the goals of the IDGC. Justice Madsen pointed out that 78% of women and people of color leave law firms within the first five years.

Women’s History Month

Justice Madsen stressed an interest in updating the video “Her Day in Court.” She suggested that the commission work with TVW on this effort and release it as part of Women’s History Month.

SUPPLEMENTAL MATERIALS

The Girls Study Group – Charting the Way to Delinquency Prevention for Girls

Jeri Costa reviewed an article published by the Office of Juvenile Justice Delinquency Prevention that discusses the unique issues for girls in the justice system.

Barbara Carr explained to Commissioners how girls respond to adverse conditions differently than boys and this has not been addressed fully by the system. As mentioned in the article, some of the factors that increase or decrease a girl’s risk of delinquency more than boy’s include:

• Early puberty, particularly if the girl comes from a disadvantaged neighborhood and has a dysfunctional family. This disparity between biological and social maturity can lead to increased conflict with parents or negative associations with older boys or men.
• Sexual abuse or maltreatment. Compared to boys, girls experience more sexual victimization overall, including sexual assaults, rapes, and sexual harassment.
• Depression and anxiety. Girls receive these diagnoses more frequently than boys.
• Romantic partners. For less serious crimes, girls are influenced more by their boyfriends than boys by their girlfriends.

Factors that protect against delinquency for girls are:

• Support from a caring adult.
• Success in school as measured by grade point average.
• School connectedness – a positive perception of the school environment and positive interactions with people at school.
• Religiosity – how important it is to the girl.

She also pointed out that there has been a reduction in the number of programs available for girls. She said that domestic violence often starts in the teen years for girls and follows the girls when they become women.[1][1]

Proposed Legislation – Diversion Program for Sexually Exploited Youth

Representative Dickerson is proposing legislation which would allow diversion for juveniles alleged to have committed the offenses of prostitution or prostitution loitering. The legislation states that children involved in the commercial sex trade are victims, that they are in critical need of comprehensive services, and that a diversion program is an appropriate alternative to prosecution. It also removes the requirement that the prosecutor file an information if the juvenile has more than one prior diversion.

The Commission will continue to follow the progress on the legislation.

Washington State Senate Resolution 8713

Commissioner Jeri Costa was praised by the Senate for her work addressing the issue of human trafficking.

Policy and Practice Reform to Engage Non-Resident Fathers in Child Welfare Proceedings

Commissioners were provided with this information for use in future work.

The meeting was adjourned at 12:00.

[1][1] Girls Study Group – Understanding and Responding to Girls’ Delinquency. Margaret Zahn, Stephanie Hawkins, Janet Chiancone, and Ariel Whitworth. October 2008