July 2003
Reading Around
News of Interest to Members
Barbara Durham Honored
Former Chief Justice Barbara Durham was honored by the Washington State Supreme Court in a memorial service May 1, 2003, in the Temple of Justice in Olympia. Durham died December 30, 2002, aged 60, of complications from a neurological disorder. During her career, she opened doors previously closed to women, searched for better ways to protect domestic-violence victims, and campaigned for changes in how judges are selected in Washington.
"She was truly a pioneer for women in the legal profession," recalled Chief Justice Gerry Alexander. "She served at every level of court in our state and was one of the most respected jurists of her time."
Durham was born in Anacortes and graduated from Vashon Island High School. She attended Gonzaga University, and earned a degree in business administration and finance from Georgetown University in 1964. After working for a year in New York City as a securities analyst, she attended Stanford University Law School, graduating in 1968.
Durham first practiced law as a deputy prosecuting attorney in King County, focusing primarily on felony cases, including child abuse and first-degree murder. In 1973, the King County Council appointed her to the Mercer Island District Court, and in 1977 she was elected to the King County Superior Court.
Governor Dixie Lee Ray appointed Durham to the Court of Appeals, and in 1984 she was elected the first woman chief judge in any division of the state Court of Appeals. Governor John Spellman appointed her to the state Supreme Court in 1985, and she became the first woman chief justice in January 1995, when she was elected by her fellow justices.
During her tenure on the Supreme Court, Durham wrote the decision establishing standards for use of DNA evidence in state courts, as well as the decision that upheld the civil commitment of sexual predators. She co-founded the Judges in the Classroom project and, with state Attorney General Christine Gregoire, organized a summit on improving protections for domestic-violence victims.
In 1995, Durham was named Judge of the Year by the King County Bar Association and King County Washington Women Lawyers. In 1998, she received the William O. Douglas Award from the Washington State Trial Lawyers Association for 20 years of distinguished service. She was nominated for an appointment to the 9th U.S. Circuit Court of Appeals, but withdrew her name from consideration due to health concerns. Durham retired from the Supreme Court in September 1999.
"Random Acts of Professionalism" Program Introduced
The WSBA Professionalism Committee has announced the launching of its Random Acts of Professionalism program. This program is a way for lawyers and judges to honor others in the profession who have conducted themselves in a highly professional manner consistent with the spirit of the WSBA Creed of Professionalism.
The creed was developed by the WSBA Professionalism Committee and adopted by the WSBA Board of Governors in 2001. Since that time, many county bar associations have held ceremonies in which lawyers presented Creed of Professionalism plaques to judges for their courtrooms. The Random Acts of Professionalism program is a way to further promote the creed, recognize our colleagues for noteworthy conduct, and increase awareness of professionalism in general.
The program is simple. Any member of the Bench or Bar may recognize another member. To nominate a lawyer or judge for this award, contact WSBA staff liaison to the Professionalism Committee Judy Berrett (judithb@wsba.org; phone 206-727-8212; fax 206-727-8319) with a brief statement or anecdote about the person you are nominating. The committee will send the recipient a certificate, a copy of the Creed of Professionalism, and a letter of congratulations. Recipients' names will be published in Bar News and posted on the WSBA website. Recipients to date are Chief Justice Gerry Alexander, J. Patrick Aylward, Judge Christopher Culp, Jay Johnson, Robert Kaufman, T. Jeffrey Keane, Judge Harry McCarthy, Marijean Moschetto, and Richard Price.
The committee hopes that lawyers and judges throughout the state will take advantage of this program to recognize those among us who demonstrate a high level of professionalism and make us proud to be lawyers.
Youth Court Start-up Conference Held at Seattle U School of Law
The Council on Public Legal Education (CPLE) held a Youth Court Start-up Conference May 31 at Seattle University School of Law. Titled Young People Delivering Justice: Volunteers Use Peer Pressure in Positive Ways, the conference featured presentations—including a mock trial—by currently functioning youth courts from all over Washington, including Whatcom County Teen Court, Granite Falls Youth Court, North Thurston Youth Court, University Place Youth Court, and Shorecrest Teen Court.
There are currently 19 youth courts in Washington, and the CPLE plans to launch 20 more over the next two years. Youth courts provide a venue for volunteers aged 12 to 18 to help their peers who have committed nonviolent misdemeanors or engaged in other problem behaviors. Participating offenders are required to plead guilty or agree not to contest the charges against them. Participation in the program is voluntary, and parental consent is required. "Typically, these offenders would appear before a judge, meet with a community accountability board, or be called into the office of a school administrator," explained CPLE Manager Pam Inglesby. "In all of these cases, their fate is in the hands of adults. Youth courts offer an innovative alternative, as they allow young people who have acknowledged their wrongdoing to appear instead in front of a jury of their peers. Peer volunteers use peer pressure in positive ways, letting offenders know their behavior is wrong."
According to former ABA President Robert E. Hirshon, youth courts benefit everyone in the community. "Young respondents learn that there are consequences for their misbehavior and that their peers are willing to take the time to ensure that those consequences are just. The youth volunteers learn about due process, restorative justice, and the benefits of volunteering to improve their community. The community benefits by giving young respondents a chance to turn their lives around while educating youth volunteers about the value of participation in our justice system."
The conference was led by National Youth Court expert Margaret Fisher, author of Youth Courts: Young People Delivering Justice, and creator of a national award-winning youth-court curriculum. "Youth courts are a win-win situation," says Fisher. "The youth volunteers participate actively in their justice system as offenders take responsibility for their problem behaviors and repair the harm they caused."
Washington Supreme Court Justice Faith Ireland provided introductory remarks, and facilitators included Court Commissioners Chuck Snyder and Martha Gross from Whatcom County, and Lake Forest Park Municipal Court Judge Linda Portnoy. Sponsors included the Washington State Bar Association, Washington Judges Foundation, the Family and Juvenile Law Committee of the Superior Court Judges' Association, the Public Trust and Confidence Committee of the Board for Judicial Administration, Seattle University School of Law, and the Administrative Office of the Courts.
The conference was open to individuals and teams interested in starting a youth court in their community. Teams typically consist of three to five "stakeholders" from a specific community, including school administrators, prosecutors, judges, juvenile probation officers, law enforcement, attorneys, youth-service organization staff, teachers, community leaders, and young people.
The Council on Public Legal Education was created in 2000. Co-chaired by Judge Marlin Appelwick and former Washington State Superintendent of Public Instruction Judith Billings, its 30-plus members include lawyers, judges, educators, elected officials, journalists, and community representatives. Its mission is to ensure that the people of Washington have the knowledge they need to participate effectively in the justice system and government, by creating, coordinating, and encouraging many kinds of legal-education programs ranging from a media resource guide to teacher-training workshops to a comprehensive law-related website for the general public. For more information about the CPLE, visit www.plecouncil.org.
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