MINUTES
Access to Justice Board Retreat
May 16 – 17, 2002
Campbell’s Resort, Chelan
Present: ATJ Board members Chair Michele Jones, Scott Smith, Rich Kuhling, Chris Crowell, Judge Rebecca Baker, Pete Dewell, Dwight Williams, Pam Feinstein; Committee chairs and members Judge Paul Bastine, Jim Bamberger, Michele Radosevich, Judge Marlin Appelwick, Len Schroeter, Barbara Clark, Debi Perluss, Rebecca Mordini, Howard Graham, Dan Ford; Staff Joan Fairbanks, Sharlene Steele, Pam Inglesby, Leslie Johnson, Rebecca Elder, James Kim.
Overview: The ATJ Board retreat was designed both as an opportunity for people to get to know one another better, but also to engage in discussions on topics that require more time than typically is available at regular meetings. These Minutes, therefore, only capture those decisions that were made at the retreat – not the extensive and very thoughtful discourse that led up to them.
Adoption/discussion of ATJ Board Principles and Goals
The Board considered and approved a final draft version of the ATJ Board Principles and Goals. The Board deemed it critical that the document be readily understood by a wide cross section of the Network, and that it be something that all partners should be able to use. Given those considerations, the Board decided not to formally adopt this document until it had been widely circulated in the Access to Justice Network for comment. Next steps: Staff will compile a list of ATJ Network partners and circulate that list via e-mail to ATJ Board members for review. Staff will then send it out to the Network partners with the request for comment, and will include language to the effect that that the Board has “approved the draft for circulation.” Once comments have been received and the Board formally adopts the Principles and Goals, it will consider asking other Network partners to do likewise.
Development of proposed “Access to Justice Protocols”
The ATJ Board increasingly is being asked to take positions on proposed legislation, court rules, pending cases (amicus briefs), etc.; make judgments/give guidance to the public on web sites; and participate in state and national initiatives to improve the justice system. Judges Paul Bastine and Marlin Appelwick led a discussion to determine whether the ATJ Board should develop a set of “protocols” to guide it in assessing whether these requests fall with its mission and can e accomplished with existing resources. After a fascinating and extremely useful process, the Board developed a set of “guidelines” (aka “Helpful Stuff”) that ATJ Board members and others can utilize informally when addressing these questions. These guidelines will be distributed at every meeting:
Access to Justice Guidelines (“HELPFUL STUFF”)
Rationale:
1. To protect the Board
2. Efficiency/good use of resources
3. Consistency
4. Force action
5. Informing tool
1. Relevant Considerations:
Can We? [The following give the bases for action]
Order (Supreme Court, authorizing the ALJ Board)
Principles
Goals
Should We?
Pending litigation
Commercial endorsements
Too political
Can’t respond timely
Ethical issues
Inadequate information
Others could do it better
Low priority/resources [considerations]
Relationship considerations [potential conflicts, etc.]
Time factors
2. Decision Making:
Delegate:
To Whom
How
When
Weighing – Decision itself:
Primary information
Pro-Cons/Decisions
Identify stakeholders
Review prior positions
Consistency [Consistency is the hobgoblin of mediocre minds – or something close]
Awareness of relationships
Consequences – apparent – unintended
Priority (Against) –Resources
Decision
Voting requirements
Decision with Direction
To whom
By whom
How
[Decision: Should be considerations, not protocols. Merely guidelines]
ATJ Board Leadership
This item, which is to select a chair-elect, will be placed on the June 7, 2002 ATJ Board agenda.
Meeting Schedule
The Board agreed on the following meeting schedule for the coming year (please note new date for ATJ Board retreat):
September 13, 2002: Short, Cressman & Burgess, Seattle
October 21, 2002: Washington State Bar Association, Seattle
December 6, 2002: Washington State Bar Association, Seattle
January 13, 2003: Washington State Bar Association, Seattle
February 28,2003: Washington State Bar Association, Seattle (in conjunction with the Annual Goldmark Awards Luncheon)
March 6, 2003 (tentative): Annual meeting with Supreme Court in Olympia
May 8-9, 2003: ATJ Board Retreat at Sleeping Lady
June 6, 2003: ATJ Conference in Wenatchee
Practice of Law Board
The Supreme Court agreed to delay its consideration of the proposed members of the Practice of Law Board put forward by the Board of Governors until the ATJ Board had had an opportunity to consider the list. The ATJ Board agreed to take no action on the list. The Board agreed to send a letter to the Court thanking it for the opportunity to review the list, reaffirming the goals of the Practice of Law Board, and offering the ATJ Board’s assistance.
Presentation of WACLSP Plan (The Washington Association of Community Legal Services Programs)
Pam Feinstein made a presentation about the plan, which is an effort by pro bono and specialty legal services providers to develop an association that will promote more effective communication among themselves and with the greater ATJ Network and that will address issues/needs specific to these groups. Pam indicating that the document has not been formally adopted – that it is meant in part to promote dialogue about WACLSP’s concerns. She is interested in feedback on the proposal. The proposal will be discussed in more detail at the September ATJ Board meeting.
ATJ Board and ATJ-TboR Web Sites
Rebecca Elder and James Kim gave a brief demonstration of the ATJ-TBOR web site (www.techbillofrights.org) and its use of cutting edge interactive technology. Rebecca then gave a brief tour of the ATJ Board web site (www.waaccesstojustice.org) and encouraged the ATJ Board to think about enhancements they would like to see on the site.
Establish Goals for 2002-03
The ATJ Board reviewed progress on the ATJ Board’s 2001-02 goals. Based in part on that information, it developed the following goals, which will be reviewed/approved at the June 7, 2002 ATJ Board meeting:
Goal #1: Work toward more and stable resources for all partners in the Access to Justice Network Support the work of the Resource Development Committee Support the work of the Task Force on Civil Equal Justice Funding Explore jurisprudential strategies, i.e., Civil Gideon
Goal #2: Continue to develop and strengthen relationships between the ATJ Board and BOG, BJA, Supreme Court, Judicial Associations and AOC
Goal #3: Develop statewide Technology Plan Support the development of PRINCE
Goal #4: Establish criteria for non-attorney positions on the ATJ Board
Goal #5: Conduct evaluation of State Plan Participate in Legal Services Corporation evaluation process Participate in, and stay informed about, regional planning activities Based on information gleaned from LSC and regional planning processes, conduct ATJ Board assessment of the State Plan
Goal #6: Implement Impediments Committee Recommendations Court Access Project Administrative Procedures
Goal #7: Develop a statewide Communications Plan
Goal #8: Implement Family Law Task Force Recommendations
Goal #9: Support leadership development Address WACLSP’s identified leadership needs Conduct leadership training
Goal #10: Define the “ATJ Network” Who is a “member?”
What are the “rules” for using the current “bug” and proposed “brand” Is there a “cult” perception of the Network and how should we address this problem? Maintenance Goals:
Goal #11 Continue to strengthen committee structure and function
Goal #12 Continue to focus on the promotion of Inclusion, Diversity and Multiculturalism and a Justice Imperative
Goal #13 Continue ATJ Board involvement in the evolution of the Practice of Law Board
Goal #14 Continue to consider/develop an ATJ Board role in the addressing the state of the judiciary, including judicial selection and public education
*ACTION ITEMS*
Principles & Goals
(deadline: asap) Staff will circulate to ATJ Board suggested list of ATJ Board Network members to whom the draft will be sent for comment.
Selection of Chair- On June 7, 2002 agenda Elect
Practice of Law Board Michele will send letter to the Court (sent 5-23-02) (deadline: asap)
Future Meetings Please put them in your calendars for the coming year
WACLSP Plan Please contact Pam Feinstein with comments (deadline 9-13-02)
ATJ Web Site Please visit web site (www.waaccesstojustice.org) and contact Rebecca Elder with your comments/suggestions
2002-03 Goals Please review in anticipation for June 7 discussion (deadline: 6-7-02)
Respectfully submitted,
Joan E. Fairbanks
Justice Programs Manager
