Access to Justice Board Minutes

ATJ Board members Chair Michele Jones, Scott Smith, Chris Crowell, Judge Greg Tripp, Judge Rebecca Baker, Dwight Williams, Rich Kuhling, Pam Feinstein; ATJ Board committee chairs and members Ada Shen-Jaffe, Barbara Clark, Barrie Althoff, Don Horowitz, Erin Hyppa, Larry Kenney, Len Schroeter, Lisa Stone, Pat McIntyre, Rebecca Mordini; ATJ Board liaisons Denice Patrick (Washington Women Lawyers), Judge Jan Grant (Office of Administrative Hearings), Judge Janet Garrow (District/Municipal Court Judges Association); Zulema Hinojos-Fall (Board of Governors); Guests Larry Feinstein, Captain Bruce MacDonald, Ken Luce; Staff Joan Fairbanks, Leslie Johnson, James Kim, Sharlene Steele.

The Minutes of the 11-30-01 meeting were approved as written.

ATJ Board Unbundled Legal Services Committee Chair Barrie Althoff presented revisions to the proposed rules adopted by the ATJ Board on October 26, 2001, and by the Board of Governors. These proposed changes were suggested by the Superior Court Judges Association, the most significant being changes in Civil Rule 11. He reported that he will be re-submitting these proposed changes to the Board of Governors on January 18 and to the District and Municipal Court Judges Association. If approved, he will submit them to the Supreme Court the week following the BOG meeting. The ATJ Board voted unanimously to adopt the amendments and thanked Barrie and his committee (Commissioners Kim Prochnau and Nancy Bradburn-Johnson) for their excellent work.

Judge Janet Garrow, Ada Shen-Jaffe, Scott Smith and Dwight Williams -- the subcommittee charged with proposing revisions -- presented the ATJ Board with a suggested re-draft of the ATJ Board's Principles and Goals. The ATJ Board made a number of suggestions to the subcommittee, including sharing the final version with non-lawyers and the PLE Council to ensure that it makes sense to the general public. The ATJ Board also discussed ways to use the document, including featuring it in Bar News and other publications, using it to assist with recruitment, using it to educate about access to justice, etc. The subcommittee will meet again and will present another draft of the Principles and Goals at the February ATJ Board meeting.

Equal Justice Coalition Coordinator Erin Hyppa thanked the ATJ Board for its resolution supporting continuing the current level of state funding for civil legal services. The resolution was submitted to the Governor by Chief Justice Gerry Alexander, along with resolutions from the Board of Governors and the Board for Judicial Administration. The potential state funding cut for legal services is $500,000. The EJC will be participating in Legislative Leadership Week, which is January 28-February 1. The EJC is identifying supporters who can meet with key legislators during that week.

Lisa Stone noted that February 4 is Women's Lobby Day - she suggested that the EJC distribute information to those participating in that day so that they can call legislators' attention to the importance of supporting funding. Lisa will contact ATJ Board Family Law Committee chair Paul Bastine to alert him about proposed amendments to the Uniform Parentage Act.

Barbara Clark thanked people for attending the reception at Davis Wright Tremaine for pro bono counsel Dave Burman, Nicholas Gellert and Kathleen O'Sullivan. Nicholas Gellert will participate in a presentation on the litigation at the National Association of IOLTA Programs/ABA IOLTA Commission meeting in Philadelphia. She also reported that the National Association of IOLTA Programs is asking state bar association to sign on to an amicus brief. WSBA General Counsel Bob Welden has indicated WSBA won't sign on because it won't have an opportunity to read the brief before it's submitted -- although WSBA will be given an opportunity to sign on after the brief is written.

WSTLA member Denice Patrick provided additional information about its proposal to increase filing fees by $120 to be earmarked to support the mandatory arbitration program. The ATJ Board members voiced their concerns about the potential adverse impact of this approach on the ability of low and moderate income people to access the justice system, and agreed to write a letter to WSTLA inviting a dialogue about the proposal.

Both Denice Patrick and ABA Bankruptcy Committee Chair Larry Feinstein provided the ATJ Board with an overview of current legislative proposals to amend the federal bankruptcy laws, which will have the force and effect of discouraging attorney from representing clients in Chapter 7 bankruptcy proceedings. These proposals are opposed by the ABA and many other organizations. Larry has prepared a three-page analysis of the proposed legislation, which he has provided to the Board of Governors, the ATJ Board and others. The ATJ Board had a wide-ranging discussion about appropriate action, if any, it can take, including whether and under what circumstances the ATJ Board should involve itself in substantive legislation. Rich Kuhling volunteered to draft a resolution opposing the legislation and will make recommendations about how to distribute it.

Ken Luce and Captain Bruce MacDonald of the WSBA Legal Services to the Armed Forces Committee asked the ATJ Board for its endorsement of a proposed amendment to Admission to Practice Rule 8 to add a new section (g) to provide a limited license to practice law for lawyers from other jurisdictions serving as Judge Advocates General in Washington. Their practice would be restricted to civil matters for enlisted personnel and their families meeting certain income criteria. Captain Bruce MacDonald, the Commanding Officer of Naval Legal Services Northwest, briefed the ATJ Board on the need for this proposed amendment, and provided background on the structure of military legal services in the state. The ATJ Board endorsed the proposal and will write a letter to that effect to Chief Justice Gerry Alexander.

Scott Smith reported on the public hearing on December 17 called by the WSBA Practice of Law Board Implementation Committee to consider the membership of the Practice of Law Board. After the hearing, the Implementation Committee met to discuss next steps, which include doing more outreach to groups to provide them with information about applying for a position on the Practice of Law Board. The deadline for applications is February 15; applications will be considered by the Committee on February 21. Although the Board of Governors will consider the Implementation Committee's recommendations at its April meeting, applicants can also apply directly to the Supreme Court. The ATJ Board's Law Related Services Committee will meet soon to discuss how to encourage people to apply.

Michele Jones described the process undertaken by the ATJ Board's Executive Committee to assist the appointing entities identified in the Order creating the Task Force to select appropriate members. The list of members was distributed to the ATJ Board. She thanked the Executive Committee and Jim Bamberger for their efforts. Joan Fairbanks reported on the January 3 meeting with Justice Johnson, Vice-Chair Mary Kay Becker, Justice Alexander, Mary McQueen and Rick Coplen regarding the Task Force. There will be an orientation on January 18 to prepare Justice Johnson and Judge Becker for the first Task Force meeting, currently scheduled for late-February. Judge Becker will chair the working group on the civil legal needs study, which will begin its work before the first meeting of the Task Force due to a tight timeline for completing the study. To be determined is whether the Task Force will accept the staff recommendations to contract with Michael Dale and Portland State University, who conducted Oregon's legal needs study. AOC will administer the Task Force. The ATJ Board has raised $95,000, and is expecting additional money from at least one WSBA section.

The ATJ Board's Courthouse Facilitator Committee will meet by conference call to discuss a proposed meeting with representatives of the Washington Association of County Clerks to ensure that there has been adequate and effective dialogue around the wording of the final draft of the proposed courthouse facilitator rule.

Pat McIntyre reported that, in lieu of a self-assessment of its performance under the Washington State Plan, the Legal Services Corporation has selected Washington as one of two states to be the beneficiary of a formal evaluation by a paid consultant. The process likely will include interviews with ATJ Board members and others in the ATJ Network. Pat will keep the Board apprised as he learns more. Pat also reported that he will meet with all statewide LSC-funded directors in February to review the progress on building statewide communities of justice throughout the country.

Ada Shen-Jaffe reported that, as a result of increased focus on teamwork and collaboration (e.g., Resource Development Committee, regional planning initiatives, statewide training, etc.), planning is underway for a leadership development event that will bring together every leader in the client service community for the purpose of forging a culture of collaboration and building a statewide leadership team. A committee is being formed to plan the event.

Pat McIntyre reported that the establishment of this committee is timely and long overdue. Committee members recognize that one of the hardest things to talk about is where the money goes, and who benefits, and that these issues can (and have) lead to in-fighting in the community. The committee is serving the important role of providing a structured way to address these issues, and committee members are working hard to put these issues on the table in a constructive way with the goal of how to make the pot bigger. A key focus is how to ensure that the programs work well together. There is a tremendous amount of learning going on about the partners at the table and their unique challenges and issues. He noted that Chair Greg Dallaire is doing a good job of keeping the committee focused.

Michele Jones reported that the ATJ Board/PLE Council Media Committee has a subcommittee that is working closely with the EJC's Media subcommittee to consider a process to develop a "brand" for the ATJ Network. Michele attended a national training sponsored by NLADA on messages and branding. The committee is utilizing the information gleaned from market research done at the national level. Simply put, a brand is an identifiable symbol/phrase, a la Nike "swoosh." Its benefit to the ATJ Network would be that sometime in the future a brand could take the place of significant educational efforts and would promote increased visibility and understanding of the work of the Network.

Jan Grant reported that the unemployment load is "skyrocketing." The Office of Administrative Hearings is hiring people to address a 30% increase in unemployment claims during the past six months. This year is OAH's Twentieth Anniversary although the observance may be limited.

Len Schroeter suggested that the ATJ Board needs to begin thinking very differently about how it supports equal justice given the events of September 11, the changing world, and the current budget crisis. He noted that access to justice is more critical now than it ever was, and that it usually is the first to experience the budget axe.

Judge Greg Tripp reported on the funding for the civil legal needs study and the en banc meeting on December 6 to ask the Supreme Court for financial assistance. He noted that the legal needs study data also will be useful for approaching private funders. The ATJ Board thanked Greg for his excellent presentation at the en banc hearing, which resulted in a grant of $50,000 from the Supreme Court.

Joan Fairbanks reported that the annual ATJ Board report to the Board of Governors and Supreme Court must be completed by the end of February in time for distribution to the Court prior to the March 7 ATJ Board/Supreme Court meeting. She asked for suggestions to make it more interesting/graphic. Joan Fairbanks reminded everyone of the Goldmark Awards Luncheon on February 21; the ATJ Board will meet the morning before the Goldmark Awards Luncheon.

Michele Jones reported that Sudha Shetty has been hired as the Director of the Access to Justice Institute at Seattle University School of Law, replacing ATJ Board member Chris Crowell. She has been active in the equal justice community, dealing with domestic violence and immigration issues. Michele met with her to share information about outreach and education initiatives. She suggested asking Sudha to make a presentation at the February 21 ATJ Board meeting.

Scott Smith reported that he and Michele are serving on the King County Bar Association's nomination committee to select members for its Board. The committee is receptive to considering "not the usual suspects;" suggestions should be forwarded to Scott or Michele.

Lisa Stone reported that the legislative session begins on January 14. She also invited everyone to attend the Northwest Women's Law Center open house on January 15 from 5:30-7:30. She also suggested that the ATJ Board contact the new Dean at the University of Washington School of Law. This led to a discussion of the need to talk with all three law school deans in state about access to justice issues. Zulema suggested that we provide an orientation similar to that provided to the new members of the Board of Governors.

Chris Crowell reported that newspaper circulation has increased significantly since September 11, and that it's a good time to write letters to the editor. She also reported that she now sits on the Board of the Snohomish County Legal Assistance Program.

Barbara Clark reported that there is a reception on January 17 from 5-7 p.m. in Olympia for John Fattorini on the occasion of his retirement as a lobbyist for WSBA. The ATJ Board agreed to get him a gift and to present it to him at the event.

*ACTION ITEMS*

(includes items carried over from previous meetings)

(deadline: 2-21-02) Dwight Williams chairs a committee to re-draft this document. Committee members are Judge Garrow, Ada Shen-Jaffe and Scott Smith. <

(deadline: asap) The ATJ Board Executive Committee will develop a recruitment strategy to be considered by the Board.

(deadline: asap) Erin Hyppa will provide Lisa Stone with information about civil legal services funding that can be distributed to those participating in Women's Lobby Day

(deadline: asap) Lisa will contact ATJ Board Family Law Committee chair Paul Bastine about proposed amendments to the Uniform Parentage Act.

(deadline: 2-21-02) Rich Kuhling will draft an ATJ Board resolution opposing current bankruptcy reform.

(deadeline: asap) The ATJ Board will write a letter to the Supreme Court supporting proposed amendment to APR 8 (g) to provide a limited license for military lawyers.

(deadline: asap) The ATJ Board's Law Related Services Committee will meet to discuss how to encourage people to apply for the Practice of Law Board.

(deadline: asap) The Courthouse Facilitator Committee will convene a meeting with representatives of the Washington Association of County Clerks

(deadline: 2-10-02) Joan Fairbanks asked people to contact her if have suggestions for the report.

(deadline: 2-9-02) Everyone should register for the Goldmark Awards Luncheon on February 21.

(deadline: asap) Please contact Scott or Michele with suggestions of potential members of the King County Bar Association's Board.

(deadline: 2-17-02) The ATJ Board will get him a small gift of thanks.

Respectfully submitted,

Joan Fairbanks
Justice Programs Manager