July 1998 Report

July 15, 1998

Chief Justice Barbara Durham
Temple of Justice
P.O. Box 40929
Olympia, WA 98504-0929

Mary Fairhurst, President
Washington State Bar Association
P.O. Box 40116
Olympia, WA 98504-0116

RE: Six-Month Report of the Access to Justice Board

Dear Chief Justice Durham and President Fairhurst:

On April 18, 1994, the Supreme Court entered an order establishing the Access to Justice (ATJ) Board for an initial evaluation period of two years. The formal work of the ATJ Board began in November 1994, shortly after its nine members were appointed by the Court. On November 21, 1996, the Court, on the recommendation of the Washington State Bar Association Board of Governors (WSBA BOG), reauthorized the ATJ Board for an additional five years, having found that it had successfully completed its initial evaluation period. The Court ordered the ATJ Board to continue to file evaluative reports every six months with the Court and the BOG. This Report and the attached Exhibits constitute the third six-month report, and the completion of the first one and one-half years under the new Order, and document the ATJ Board's activities since the last formal Report to this Court and the BOG on December 31, 1997.

A. Meetings: The ATJ Board now meets approximately eight times per year, rather than monthly. This change recognizes that a significant amount of the substantive work is being handled by the ATJ Board's ten committees, on which ATJ Board members are heavily involved. I have attached the Agendas from the January 23, March 12, April 3, May 15 and June 26 meetings (Exhibit 1). The April meeting was held in conjunction with the Access to Justice Conference in Chelan. A portion of the March meeting was held with members of the Supreme Court for the purpose of discussing access issues of interest to the Court and to obtain the Justices feedback on the ATJ Board's efforts to date. All participants agreed to institutionalize this annual meeting. At Chief Justice Durham's suggestion, liaisons from the Court, the ATJ Board and the BOG will meet as needed. The ATJ Board appointed Hon. Marlin Appelwick as its liaison.

B. ATJ Board Mission, Structure and Staffing: I have attached the ATJ Board's Priorities and Activities chart, which is updated monthly, to track the activities undertaken within each of the ATJ Board's priority areas (Exhibit 2). I also have attached a list of current ATJ Board Committee Chairs and Members (Exhibit 3). The ATJ Board currently has nine active working committees (see specific ATJ Board Activities, below, for descriptions), and coordinates closely with the activities of the WSBA Pro Bono and Legal Aid Committee on efforts to support the state's Volunteer Attorney Legal Services Network and to explore funding options for legal services.

The ATJ Board has two new members: Scott Smith, Short Cressman & Burgess, has replaced Mary Alice Theiler as an at-large member. Michele Jones, University of Washington Clinical Law Professor, has replaced Nancy Isserlis as a representative of the State and/or Federally-funded legal services programs. Paul Stritmatter completed his term as Chair. Ken Davidson was elected Chair; Hon. T.W. Small is chair-elect. At its June meeting, the ATJ Board established an Executive Committee, composed of Ken Davidson, Hon. T.W. Small and Isabel Safora.

New WSBA Executive Director Jan Michels has announced that she will move the Access to Justice Program (ATJ Board, Pro Bono and Legal Aid Committee, other access to justice-related functions and activities) from the WSBA Communications Department to the WSBA Office of the Executive Director, effective on or about August 1, 1998. WSBA has hired an Access to Justice Communications and Technology Coordinator, Joyce Raby, bringing the number of Access to Justice Program staff to three.

A. Overview: With much of the substantive work now in the hands of its committees, the ATJ Board is reexamining its role and the roles of its members. It will have its second annual retreat in September 1998 to discuss these topics as well as the ATJ Board's long-range goals. The ATJ Board also is looking for ways to strengthen relationships with other members of the Access to Justice Network and to institutionalize its presence within the state and indeed, nationally.

At the national level, the ATJ Board and many of its activities continue to be showcased as national models. Recognizing this, the Open Society Institute has made a provisional promise to give the ATJ Board $65,000 to develop and distribute a Washington State Equal Justice Model Training Manual that can be used by the national legal services network to assist other states in developing similar models. This training manual also will provide relief to the ATJ Board staff and many others in the access to justice community who spend a great deal of their time responding to inquiries and requests for information from around the country. Significantly, the ATJ Board's state planning process was featured at a workshop at the April 1998 ABA Pro Bono Conference in Asheville, North Carolina.

Additionally, the American Bar Association's Section on Individual Rights and Responsibilities (IRR) will ask the ABA House of Delegates to pass a resolution calling for the establishment of ATJ Board-type entities in every state. The IRR Section will use the ATJ Board and its activities as the model to be presented to the House of Delegates.

Within the State of Washington, there continues to be a growing recognition that the ATJ Board is a mechanism for "coordinating, improving and advancing civil access to justice for low and moderate income state residents," as contemplated by this Court's Order establishing the ATJ Board. Increasingly, organizations, committees and individuals are contacting the ATJ Board and its committees for assistance, counsel and input on a wide variety of topics and issues. Examples of these (since December 31, 1997) include the following:

• ATJ Conference participants asked the ATJ Board to facilitate a process to work toward the resolution of the issues raised with respect to the Courthouse Facilitator Program.
• ATJ Conference participants asked the ATJ Board to convene a work group to identify the issues related to unbundled legal services; to monitor implementation of the recommendations from the previous ATJ Conferences related to unbundling; and develop a proposed action plan and practical guidelines for discussion at the 1999 ATJ Conference.
• The WSBA Pro Bono and Legal Aid Committee asked the ATJ Board to consider and endorse its Report to the Board of Governors on Civil Equal Justice Funding Options.
• The "No on Initiative 200" Campaign addressed the ATJ Board about its proposed action plan.
• The WSBA Board of Governors invited the ATJ Board to give input to its committee on the Unauthorized Practice of Law regarding access to justice implications.
• The ATJ Board endorsed the Pro Bono and Legal Aid Committee's proposal to award CLE credit for pro bono work and mentoring of pro bono attorneys.
• The WSBA Court Rules Committee solicited ATJ Board opinions on two rules that arise out of the Americans with Disabilities Act.
• Seattle University Law School solicited input from the ATJ Board on its proposed Access to Justice Institute.
• Chair Paul Stritmatter addressed the State Attorney Generals Conference on access to justice issues.

Additionally, the ATJ Board has been working to institutionalize a variety of methods to increase awareness of, and appreciation for, the important work being done in the state to improve our justice system:

• Regular six month written reports and an annual presentation to the Board of Governors;
• ATJ Board presence at all BOG meetings;
• Annual meeting with the Supreme Court;
• Establishment of a Supreme Court/ATJ Board/BOG committee to increase communication about access to justice-related issues;
• Letters to every new WSBA member about the role of the legal profession in preserving and protecting access to justice (Exhibit 4);
• Use of WSBA Bar News and other media (Exhibit 5);
• Nomination/support of key people/organizations for awards;
• Annual briefing on access to justice for candidates for WSBA President;
• Annual briefing on access to justice for new BOG members;
• Continuing to reach out beyond the "usual suspects" to involve new people and organizations in the ATJ Board committees and as liaisons at the ATJ Board meetings.

B. ATJ-Coordinated State Planning Process: The ATJ Board's first significant project was the development in 1995 of its Plan for the Delivery of Civil Legal Services to Low Income Persons in Washington State (State Plan). Using the guidelines set out in the Hallmarks of an Effective Statewide Civil Legal Services Delivery System, the ATJ Board developed 18 recommendations for reconfiguring Washington's delivery system so as to preserve access for low income clients to a full range of advocacy. Although the Legal Services Delivery Network has been responsible for much of the State Plan's actual implementation, the ATJ Board and its committees continue to perform critical coordination and oversight functions (see below) as contemplated by this Court's Order, and in accord with the vision of a statewide legal services delivery system articulated in the Hallmarks. Additionally, the ATJ Board, through its annual Access to Justice Conference (see below), has created a mechanism for institutionalizing an ongoing statewide planning process that involves the entire Access to Justice Network.

A significant project for the remainder of 1998 is to develop and implement a process for evaluating its State Plan. At the request of the Legal Services Corporation (LSC), all LSC recipients in the country are to examine, from a statewide perspective, the steps to be taken to further develop a comprehensive, integrated statewide delivery system. The ATJ Board not only will respond directly to this request, but will take the process a step further to engage in an extensive evaluation process of our State Plan to date. This process will solicit input from a broad spectrum of "stakeholders," both within and outside of the legal community who have an interest in a comprehensive, integrated statewide delivery system. The Report of this process will be provided to the Court and to the BOG by the end of 1998.

Following is the status of the implementation of the State Plan's key recommendations since the December 31, 1997 Report to this Court and the BOG:

• Two statewide legal services programs have now been in operation for nearly two and one-half years (Exhibit 6):
• Columbia Legal Services (CLS) is a full-service, statewide legal services program dedicated to ensuring that a full range of legal services is available to all of Washington's low income population, in particular, vulnerable and hard to serve special needs populations that face unique barriers to the justice system. CLS operates out of seven regional offices around the state. Its primary funding sources include the State of Washington, the Legal Foundation of Washington and LAW Fund donations.
• The Northwest Justice Project (NJP) is the federal partner in the statewide Access to Justice Network. NJP's goal is to assist as many eligible low income clients as possible, either directly or through efficient and effective referrals. NJP operates out of ten regional offices around the state. Principal funding is from Congress through the Legal Services Corporation, which regulates the types of cases that may be handled and the types of representation that may be provided.
• A key component of the State Plan is to utilize, wherever possible, available and emerging technologies to establish intake and referral systems. This is being accomplished through NJP's CLEAR Project (Coordinated Legal Education, Advice and Referral), which now serves as the primary point of access for low income clients to speak with an attorney in much of the state. Indeed, the CLEAR system will be operating statewide by the end of 1998. NJP has produced a 12-minute videotape on the CLEAR system, which is being widely distributed for educational, recruitment and other purposes. Additionally, NJP currently is developing a Web Site that will contain all of the publications currently available for clients, as well as court forms and other assistance for pro se litigants.
• Another key component of the State Plan is to utilize existing and emerging technologies to provide expansive geographic coverage and maximize local legal services delivery capacity and presence in areas outside of principal urban centers. In addition to the services provided through CLEAR, the ATJ Board's Communications and Technology and Committee, in cooperation with CLS, NJP, the Office of the Administrator for the Courts, and others, are moving forward on a number of fronts to implement Washington State's Equal Justice Communications and Technology Vision (Exhibit 7) (see ComTech Committee, below).
• The state' Volunteer Attorney Legal Services Network (Exhibit 6) continues to enjoy stable financial support from NJP and the Legal Foundation of Washington. The ATJ Board and the Washington State Bar Association are devoting significant resources to providing support for these programs. ATJ Board staff has begun to visit all these programs to conduct assessments of their technological and pro bono needs and resources. This information will be used in three ways: (1) to assist the WSBA's Pro Bono and Legal Aid Committee and ATJ Board in prioritizing their activities for the coming year; (2) to determine the resources and training needed to bring these programs to a reasonable level of technological functioning (e.g., computers, uniform software, Internet access, E-mail); (3) and to obtain information to assist in the State Plan evaluation process.
• The State Plan encourages the coordination of scarce resources to provide technical assistance and training for staff and volunteer attorneys. In addition to the highly successful Access to Justice Conferences (see below), the first Southwest Regional Access to Justice Conference was held in Kelso in March 1998. This gathering provided a unique opportunity for legal services providers, social services providers, and others to develop strategies about cooperating more effectively in serving clients. At least two other regions are planning similar conferences in 1998.

C. ATJ Board Committees: The ATJ Board now has nine active working committees that are addressing the priorities established by the Supreme Court's Order. Nearly 200 people are members of these committees. The ATJ Board continues to work to seek the active involvement of individuals and entities not currently participating in access to justice-related activities in Washington State.

1. Access to Justice Conference Planning Committee: (Colleen Kinerk, Chair) Nearly 300 people attended the third annual Access to Justice Conference in Chelan on April 3-5, 1998 (Exhibit 8). The Conference, "Justice at Work," was keynoted by Justice Phil Talmadge and Michigan State Bar Foundation Executive Director Linda Rexer. It was held in conjunction with the annual Bar Leaders Conference and meetings of the Board of Governors, the LAW Fund Board, the ATJ Board, Volunteer Attorney Program Coordinators, Specialized Legal Services Program Staff, Courthouse Facilitators, Columbia Legal Services Board, Northwest Justice Project Board, and the ATJ Board's Education and Jurisprudence Committees. The Moderately Talented (Yet Plucky) Repertory Theatre of Justice set the tone for the conference with its performance of "Lawfulpalooza" (Exhibit 9).

The Conference featured an orientation session for new participants, a plenary featuring new "Partnerships for Justice," and nine workshops. During the Conference wrap-up Session, participants adopted a set of recommendations (Exhibit 10), which will be published in an annual conference report and distributed to all participants. The ATJ Board has identified "responsible parties" for each recommendation, and will invite their participation in the implementation of the conference recommendations. Participants' expenses were kept to a minimum thanks to the generous support of an impressive number of sponsors (Exhibit 11).

2. Accountability Standards Committee: (Jim Bamberger, Chair) The ATJ Board established this committee to determine what, if any, role the Board should play in building a statewide institutional accountability system to insure that the promises articulated in the State Plan and Hallmarks are achieved through the performance of all providers in the statewide delivery system. To date, the committee has been engaged in an information collection process, and has been consulting with other states that have these standards in place. The committee will be distilling this information into a set of guidelines during 1998.

3. Communications and Technology (ComTech) Committee: (Hon. T.W. "Chip" Small, Chair) This committee was established in response to the ATJ Board's decision that it could play a significant coordinating role with respect to the myriad of technological-related projects/expertise in the state. Given the importance of this area and the need for technical expertise, the Washington State Bar Association agreed to hire an ATJ Communications and Technology Coordinator to staff this committee and to provide additional state support for access to justice-related efforts through the WSBA. With this additional staff expertise, the ComTech Committee is moving rapidly ahead toward accomplishing the three goals necessary to realize its Equal Justice Communications and Technology Vision (Exhibit 7):

• Facilitating the statewide networking of legal services providers: Rural isolation and lack of technology are barriers to information sharing, communication and meaningful and uniform reporting of case statistics and other data. ComTech's goal for 1999 is to provide all legal services programs in the state with complete hardware and software packages that will provide case management, compilation of statistics, general word processing and spreadsheet capabilities in addition to E-mail and Internet access. The Washington State Bar Association has offered to upgrade and donate its used hardware, and the Seattle Public Library has offered the use of its computer training lab and staff once the uniform software has been developed.
• Access to Justice Web Site: An Access to Justice Web Site is in the final stages of development, and will appear on the WSBA Home Page by fall 1998. It will provide legal resources and links for the public, and information about volunteer and other opportunities for the legal profession in the Access to Justice Network.
• Public Access Terminals: ComTech has applied to Microsoft Corporation for assistance in developing a pilot project to test interactive software for temporary restraining orders, uncontested divorces and child support modifications in Thurston and Chelan Counties (Exhibit 12). This software -- also called "document assembly" -- prompts the pro se litigant with a series of questions that, when answered, result in the production of a form pleading appropriate for court filing. The pilot will be conducted with the assistance of courthouse facilitators in those two counties. This software also will be available over the Internet. The Office of the Administrator for the Courts has made a commitment to assist in a number of significant ways with this project.

4. Education Committee: (Mary Wechsler, Chair) This committee's members include representatives from organizations/entities that are involved either directly or tangentially in access to justice-related activities. The committee functions like the ATJ Board in that it coordinates educational efforts around the state to avoid duplication of effort. It also supports current educational efforts around the state, identifies gaps in education, and identifies ways to fill those gaps. Target groups include lawyers, law schools, the judiciary, the public and elected officials.

Lawyers: The committee published an article in the April 1998 Bar News about volunteer opportunities for attorneys in Washington State (Exhibit 13).

Judiciary: The committee continues to develop its core curriculum for the judiciary on access to justice. To date, two core courses have been fully developed and presented:

1. Dealing with Pro Ses: This course was first presented at the 1997 Judicial College. It was so well received that it was again presented at the 1998 Judicial College and has been made a permanent part of that curriculum. The course consists of a panel presentation and small group discussions of hypothetical situations. Each judge receives a county-specific packet of resource materials.

2. Judicial Responsibility: Communication in the Courtroom: This course was presented at the District/Municipal Court Judges Association Conference in April 1998. It focuses on effective speaking and listening, communicating on the appropriate level with litigants, attorneys and pro se litigants, speaking in plain English, and how communication affects control of the courtroom.

This committee also has begun the process of looking at judicial screening issues, including developing and suggesting appropriate questions for candidates for judicial office to determine their demonstrated commitment to access to justice.

Public: As a result of the highly successful 1998 Access to Justice Conference workshop on "Educating the Public," the ATJ Conference participants strongly recommended the establishment of a statewide Work Group to look at the possibility of developing a state plan for law-related education. The Education Committee, in cooperation with the Board of Governors, has set October 30, 1998 for a meeting of a Public Legal Education Work Group to implement this recommendation.

5. Equal Justice Coalition: (Lucy Isaki and Diane Tibelius, Co-Chairs) The Equal Justice Coalition (EJC) was established by the ATJ Board in January 1995 at the request of the WSBA, legal services providers, and members of the private bar, to respond to threats by Congress and the Washington State Legislature to cut legal services funding. The EJC has been phenomenally successful in developing a broad-based nonpartisan network of equal justice supporters around the state who understand and support the need for permanent and stable funding for legal services. The EJC has received much national recognition, and former EJC Chair John McKay currently serves as President of the Legal Services Corporation.

Since the December 31, 1997 Report, the EJC has continued to build its base of support for legal services. It has focused the past six months on meeting with key legislators and the Governor's staff in anticipation of the next legislative session. The EJC developed and distributed a candidate questionnaire which was mailed to all those running for state legislative positions soliciting their views on legal services.

The EJC published the second issue of its Legal Services Effectiveness Report (Exhibit 14), which is designed to put a face on legal services, thereby helping to demonstrate the value of a continuing investment in our Nation's promise of equal justice under law. It continues to publish its newsletter, Justice at Work (Exhibit 15) which is sent to more than 3,200 supporters. The EJC now has its own Web Site (www.ejc.org), which will facilitate communication with the EJC's Team Captains throughout the state, particularly during the legislative session. The EJC also has been instrumental in educating others about how to communicate effectively. It has developed sophisticated materials on message development and communications campaigns, which have been presented at national conferences as well as the 1998 Access to Justice Conference.

Theresa Harrington and Barbara Clark of the Legal Foundation of Washington staff the EJC.

6. Jurisprudence of Access to Justice Committee: (Leonard Schroeter, Chair) The purpose of this committee is multifaceted: to compile a data base on the jurisprudence of access to justice; to publish significant law review and other articles; to assist the courts in identifying significant access to justice issues; to convene forums to discuss these issues; and to provide assistance to other ATJ Board committees/other groups in identifying constitutional bases for their proposals/activities.

The committee presented a very lively and provocative workshop at the 1998 Access to Justice Conference, A Role of the Judiciary: Judicial Independence/Separation of Powers. Significant materials were prepared by the committee, including an article written by Chair Leonard Schroeter, Judicial Independence - A Sine Qua Non for Rule of Law and Constitutionalism (Exhibit 16). The University of Washington cable television station TVW videotaped the workshop and aired it over a one-week period.

The committee has abandoned the adoption of a proposed amicus curiae policy after concluding that the filing of these briefs by the ATJ Board may compromise the independence of members of the judiciary who serve on the Board and its committees. The committee will continue to identify key access to justice issues and work to encourage other groups and individuals to participate as amici.

7. Resource Development Committee: (Barbara Clark, Chair) The ATJ Board is administered by the Washington State Bar Association, which provides staff, funding for meetings and other administrative support. Given the exponential growth in ATJ activities, it has become necessary to look for additional sources of funding. The following is the status of funding requests by the ATJ Board since the December 31, 1997 Report:

• Open Society Institute (OSI): The ATJ Board is awaiting confirmation from OSI of a $65,000 grant to develop a Washington State Equal Justice Model Training Manual, which will be used by the national legal services network to assist other states in developing similar models (Exhibit 17).
• Microsoft Corporation: The ATJ Board is awaiting a decision from Microsoft Corporation to provide funding to establish a pilot project to provide document assembly software at public access terminals in courthouses (Exhibit 12).
• State Justice Institute: The ATJ Board submitted a proposal to develop a Washington State Justice Report, which would evaluate and judge the level and quality of civil justice in Washington State. Although the request was denied, the ATJ Board continues to believe it is a sound idea and is looking for other funding sources.

8. Systems Impediments to Access to Justice Committee: (Hon. Cynthia Imbrogno, Chair) This committee is charged with identifying judicial, legislative and administrative systems impediments to access to justice and recommending and implementing, or delegating the implementation of, proposed changes in those systems. In May 1997 the committee completed its initial Report, which identifies 13 impediments and makes 18 separate recommendations for addressing these impediments.

As a result of this Report, Chief Administrative Law Judge Art Wang has met with members of this committee and agreed to implement some of the recommendations, including: developing a pro se handbook; revising notices to explain the hearings process; and designating a hearings contact person. He also is receptive to exploring non-traditional work hours to accommodate claimants who work. He has asked Administrative Law Judge Barbara Boivin to serve as the point person to implement these recommendations.

The committee also is considering a draft legislative proposal for payment of attorneys' fees for successful representation of persons in administrative hearings who are recipients of state services.

Chair Judge Imbrogno wrote an article for the April 1998 Bar News on Non-Attorney Representation in Administrative Hearings (Exhibit 18).

9. Telephone Access Committee: (Susan Daniels, Chair) This committee was established in early 1995 in response to a Board of Governors' request for a recommendation about the advisability of a telephone advice hotline for moderate income people. After three years of work, the committee presented its final Report and Recommendations to the Board of Governors at its January 1998 meeting (Exhibit 19). The Board of Governors adopted Option #3: "WSBA will develop a set of standards for legal advice and referral hotlines in Washington State. Those hotlines that comply with the criteria can receive referrals from lawyer referral services, CLEAR and others." Currently, a small committee is developing a set of standards which will be circulated widely for comment and presented to the Board of Governors for adoption.

After three and one-half years of activity, the ATJ Board continues to successfully fufill its mandate from this Court to provide Aaccess to low and moderate income residents of the State of Washington in civil matters and further provide[s] an effective mechanism to coordinate, improve and advance civil access to justice for low and moderate income residents. The ATJ Board is a nationally-recognized model, and this Court and the WSBA Board of Governors are to be commended for their vision and continuing support.

The ATJ Board will have its second annual retreat in September 1998. With its exponential growth, additional staff, and potential new sources of funds, there is even greater potential for the ATJ Board to meet and, indeed, surpass, the goals it will set for itself.

The ATJ Board continues to welcome your feedback on its activities,and looks forward to continuing to expand its role in access to justice efforts in Washington State.

Very truly yours,
Kenneth H. Davidson Chair
Access to Justice Board

cc: Justice Gerry L. Alexander
Associate Chief Justice James M. Dolliver
Justice Richard P. Guy
Justice Charles W. Johnson
Justice Barbara A. Madsen
Justice Richard B. Sanders
Justice Charles Z. Smith
Justice Philip Talmadge
WSBA President-Elect Wayne Blair
WSBA Governor Steve Crossland
WSBA Governor Richard Eymann
WSBA Governor Walter Krueger
WSBA Governor Dennis J. LaPorte
WSBA Governor Terrence J. Lee
WSBA Governor Richard J. Manning
WSBA Governor Marijean E. Moschetto
WSBA Governor William H. Neilsen
WSBA Governor Donald N. Powell
WSBA Governor Mary Alice Theiler
WSBA Governor Lish Whitson
WSBA Governor-Elect James E. Deno
WSBA Governor-Elect Daryl L. Graves
WSBA Governor-Elect Stephen T. Osborne
WSBA Governor-Elect Lindsay T. Thompson
WSBA Executive Director M. Jan Michels