February 21, 2002

February 21, 2002
Washington State Bar Association

Present: ATJ Board members Chair Michele Jones, Pam Feinstein, Hon. Rebecca Baker, Pete Dewell, Dwight Williams, Hon. Greg Tripp; ATJ Board committee chairs and members Erin Hyppa, Mark Kim, Leonard Schroeter, Jim Bamberger, Pat McIntyre, Donald Horowitz, Wayne Blair, Larry Kenney, Ada Shen-Jaffe, Hon. Paul Bastine; Guests WSBA President Dale Carlisle; ATJ Board staff Joan Fairbanks, Sharlene Steele, James Kim.

January 11, 2002 Minutes

The Minutes were approved as written, except to correct the spelling of ATJ Board member Rich Kuhling's last name.

EJC report: Loss of $2.4 million: what now?

EJC Chair Wayne Blair, EJC Coordinator Erin Hyppa and CLS Statewide Coordinator Jim Bamberger led an in-depth discussion about the implications of the February 15, 2002 decision by Governor Locke to terminate the TANF contract with Columbia Legal Services for $2.4 million, which is effective immediately, and the current legislative strategy to seek "backfill" of those funds from the general fund. These state funds underwrite portions of every program in the civil equal justice delivery system. The $2.4 million reduction is calculated as follows: $400,000 loss of funding as a result of immediate termination of this fiscal year contract and the elimination of the full $2 million for the next fiscal year, which is an annualized $2 million loss of funds. This does not represent a policy change by the Governor in his support of civil equal justice. The current grassroots strategy is to generate large numbers of messages to every member of the state legislature by stakeholder groups and individual constituents, in particular to members of the Senate Ways and Means Committee. An EJC "alert" has been sent out advising hundreds of civil equal justice supports of the cut and asking them to contact their legislators to ask that the money be restored. The media strategy includes placing an op-ed from Chief Justice Alexander in major newspapers, and generating letters to the editor. A special message from Michele Jones and Wayne Blair will be e-mailed to all the ATJ Board Committee listservs asking them to participate in the grassroots effort and explaining how to do so. Erin also prepared a list of groups for each ATJ Board member to contact. These contacts must be made by March 1 if not sooner.

Civil Gideon

Len Schroeter encouraged the Board to consider litigation strategies as alternatives to a legislative approach. While impractical to address the current budget cuts, it was suggested that the Civil Gideon Work Group being coordinated by the Access to Justice Institute approach its task with a greater sense of urgency, and that it reach out to experts, including the Brennan Center and the Trial Lawyers for Public Justice, to begin to develop the jurisprudential arguments necessary to pursue a Civil Gideon strategy.

Discussion of proposed agenda for March 7, 2002 meeting with the Supreme Court

The annual ATJ Board/Supreme Court meeting is on March 7 from noon - 2:00 at the Temple of Justice. The Board will meet on its own from 10-noon to address ATJ Board business. The Court and the Board will receive copies of the annual ATJ Board Report to the Court and BOG prior to the meeting. The Board approved the proposed agenda with minor suggestions. The ATJ Board will receive written directions and a copy of the agenda via e-mail during the next week.

ATJ Board/Washington Young Lawyers Division GAAP Pilot Project

Mark Kim, Chair of the ATJ Board/WYLD GAAP (Greater Access and Assistance Program) Committee and a member of the Spokane County Young Lawyers, gave a presentation on the status of this project, which is to establish a panel of attorneys to handle cases on a reduced fee basis for moderate income people in Spokane County. The project officially kicked off on January 22. To date 13 clients are being represented by members of a panel of 88 attorneys who have signed up for the GAAP panel. The attorneys have been utilizing the model fee agreement prepared by the committee, which sets an hourly $50.00 fee. The project has great support from the bench and the bar. Both Judge Bastine and Judge Tripp have actively been promoting it, and the Spokane County Bar Association is housing the project at no cost. Currently CLEAR is screening clients for income eligibility and is making the referrals to the project; volunteer young lawyers in turn make the referrals to the panel attorneys. One of the volunteer attorneys is now working to develop a data base for tracking attorneys and clients. Pat McIntyre recognized Mark for his significant efforts in getting the project off the ground, noting that the goal is to get similar projects operating in other areas of the state. Mark is working closely with the Spokane Volunteer Lawyers Project to make sure that the GAAP project is not diluting its efforts in any way, and that there is maximum collaboration between the two programs. The ATJ Board thanked Mark for his vision and his leadership.

WSTLA proposal to increase filing fees for mandatory arbitration

Michele Jones reported that she, Scott Smith and Joan Fairbanks met with representatives from WSTLA on February 11 to discuss concerns raised at the January 11, 2002 ATJ Board meeting. After significant discussion, the ATJ Board voted to take no formal position on WSTLA's proposed legislation to increase filing fees for mandatory arbitration, which vote should not be construed as taking a position in favor of, or against, mandatory arbitration.

ATJ Board retreat planning: volunteers?

The annual ATJ Board retreat is May 16 and 17, 2002 at Campbell's Resort in Chelan. Dwight volunteered to assist the ATJ Board Executive Committee in planning the agenda for the retreat. Others interested in assisting with the planning should contact Joan.

Civil Equal Justice Funding Task Force/Civil Legal Needs Study

Joan reported that the first meeting of the Task Force is March 20 in Olympia. LSC, the ABA and SPAN (State Planning Assistance Network) representatives are being invited to attend. Judge Mary Kay Becker, Court of Appeals, Division I, is chairing the Legal Needs Study Work Group of the Task Force. This Work Group met in Olympia on February 6 in Olympia to begin the process of defining the scope and structure of the legal needs study. The proposal is to conduct the legal needs study in two phases: Washington State University Department of Social and Economic Sciences Research Center will conduct a telephone survey of low income people; Portland State University and Michael Dale, coordinator of the Oregon civil legal needs study will conduct an in-depth field assessment. The proposal is to borrow heavily from the Oregon legal needs study methodology, including its survey instrument. The goal is to move ahead with the contracting and the hiring of a statewide coordinator prior to the March 20 Task Force meeting.

Practice of Law Board

The ATJ Board reviewed the final list of formal applications for the Practice of Law Board. The Practice of Law Board Implementation Committee meets on February 21 to begin to consider the candidates. WSBA President Dale Carlisle noted that the Implementation Committee will meet again in March and then will submit its proposed list of the Board of Governors to be considered at the BOG's April meeting. He noted that the list does not include last minute nominatees Peter Ehrlichman and Lish Whitson. President Carlisle and Implementation Committee member Larry Kenney encouraged people to submit comments to the committee regarding qualifications of the candidates.

Proposed ATJ Board resolution opposing current bankruptcy reform

Michele noted that Rich Kuhling has been doing research to help the ATJ Board understand to what extent it should be addressing this issue. This item will be considered at the March 7 meeting.

ATJ Board Statement of Principles and Goals

Dwight suggested that the revised draft be considered at the March 7 meeting.

Draft Guidelines on Inclusion, Diversity and Multicultural Competence as a Justice Imperative

Ada Shen-Jaffe reported that a small committee is finalizing a this document, based on input it has received from ATJ Board committees and others. The Impediments Committee is considering becoming the "home" for the guidelines -- for input, implementation, follow-up and possibly a work plan. The first draft has served its useful purpose in mobilizing efforts, raising consciousness, etc. The ATJ Conference will feature a day-long "training of the trainers," run by Dr. Letitia Nieto. Key justice system leaders will be invited, although the training will be open to all interested parties. The goal is to develop a cadre of highly trained justice system leaders who in turn will continue to move these guidelines and issues forward with other groups. She encouraged people to attend and to identify those who may be interested in the training.

*ACTION ITEMS*

(includes items carried over from previous meetings)

State Funding

(deadline: no later than 3-1) Everyone will contact his/her legislators per suggestions in the EJC alerts and will contact the specific groups indicated for each ATJ Board member: Judge Baker: Superior Court Judges in Tri-County area, NE Rural Resources/Pro Bono Program
Chris Crowell: firm lawyers; SU Law School/ATJ Institute
Pete Dewell: firm lawyers, NWATJ Planning Committee members
Pam Feinstein: ELAP Board and volunteer lawyers, East King county Bar Association
Michele Jones: DV community; UW Law School
Rich Kuhling: firm lawyers, Gonzaga Law School
Scott Smith: King county Bar contacts, firm attorneys, Practice of Law Board Implementation Committee
Judge Greg Tripp: Spokane County judges, Gonzaga Law School
Dwight Williams: ComTech Committee

IDM Guidelines

The ATJ Board established a small committee (Ada Shen-Jaffe, Pat McIntyre, Scott Smith) to develop a formal resolution with proposed steps on implementation. The committee is considering suggested edits and is developing a proposed final version for consideration by the ATJ Board.

ATJ Board retreat planning

(deadline: asap) Those interested in working with the Executive Committee to plan the retreat should contact Joan.

Principles & Goals

(deadline: 3-7-02) Dwight Williams chairs a committee to re-draft this document. Committee members are Judge Garrow, Ada Shen-Jaffe and Scott Smith.

Non-lawyer ATJ Board members

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

Bankruptcy Reform

(deadline: 3-7-02) Rich Kuhling will draft an ATJ Board resolution opposing current bankruptcy reform.

Courthouse Facilitator Rule

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

ATJ Conference IDM session

(deadline: 5-15-02) ATJ Board members are encouraged to sign up for the full-day session on 6 and are encouraged to identify others who may be interested. Contact Ada, Sharlene or Joan.

Respectfully submitted,

Joan Fairbanks
Justice Programs Manager