DMCJA restitution

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                              Board of Governors
                                   March 11, 2005


Judge Eileen Kato                           Judge Colleen Hartl
Judge Rick Bathum                           Judge Alicia Nakata
Commissioner Brett Buckley                  Judge Marilyn Paja
Judge Chris Culp                            Judge Glenn Phillips
Judge Rod Fitch                             Judge Steve Shelton
Judge Richard Fitterer                      Commissioner Lin Smith
Judge Doug Goelz                            Judge Susan Woodard

BJA Representatives:      Judge Bob McSeveney

Guests:                   Renee Townsley, DMCMA
                          Debbie Yonaka, MCA
                          Judge Kitty-Ann van Doorninck

Staff:                    Mr. Douglas Haake


Judge Kato called the meeting to order and introduced guests.


Motion to approve February 4, 2005 minutes. Carried.

Treasurer’s Report
Motion to approve February and March Treasurer’s reports. Carried.

Special Fund Report
Mr. Haake provided a grid showing the status of individual dues payments. He advised
the second notice for dues will be mailed next week. It was suggested that non-payers
be divided up between Board members for contact. Motion; Carried. Mr. Haake will
divide up non-payers and provide a contact list for each Board member with some
talking points.

Motion to approve Special Fund Report. Carried.

DMCJA Minutes                                                                 1
IRLJ Changes
Judge Hartl reported the Rules Committee considered the Board’s concerns. The
committee determined that no change be made to IRLJ 2.2 with respect to the issue
date, the language on affidavits, and the effective date. The Committee took no position
on publishing the Committee’s commentary as part of the rule. The Rules Committee
also recommended that defendants be allowed to appear through counsel, which they
felt is currently permissible. The Committee recommended adoption as previously
presented to the Board.

A question was raised about use of “community service” language in the rule.
“Community restitution” is the current statutory term. Motion to substitute “community
restitution” for “community service.” Carried

Mr. Haake will find the definition for community restitution in statute and publish to the
Board for determination about whether a definition should be added to the rule.

The Board discussed IRLJ 2.6(g) concerning affidavits of prejudice. These affidavits
are not allowed in small claims cases, where the dollar amount involved may be greater
than that for infractions. Allowing affidavits would create a significant burden on single-
judge courts. The Rules Committee was unanimous in its recommendation that
affidavits of prejudice should be allowed.

Motion to amend IRLJ to indicate that provisions of CrRLJ 40(f) do not apply to
infractions. Carried with 2 nays.

Motion to adopt Committee recommendations with above changes (affidavits and
community restitution). Carried.

RALJ Amendments—Referred to the Rules Committee.


BJA Report
Judge McSeveney reported the Salary Commission made a preliminary
recommendation of 1.5% COLA and no increase to move toward pay equity with federal
judges’ salary levels. Judge Kato noted that she has attended two Commission public
hearings and that information provided by the judiciary has been well received. She will
attend future Commission meetings as she is able. She encouraged others to attend
local hearings.

Legislative Committee
Judge Paja reported on a number of bills being tracked by the DMCJA.

SSB 5454 is moving forward with some changes. Provision for district and municipal
court judges’ salaries is intact; increases for jury fees have been dropped. There is an
encouraging amount of support for the bill.

DMCJA Minutes                                                                       2
Indigent defense bills are still moving in the House but may have trouble in the Senate.

DMCJA bills:
HB 1296 decriminalizing some non-warrantable criminal offenses was amended onto
HB 1205, which is a WAPA bill. It is moving.

HB 1297/HJR 4201; SB 5433/SJR 8207 concerning Judicial Conduct Commission
membership have passed out of their respective houses of origin.

HB 1296 extending anti-harassment jurisdiction is moving in the House.

HB 1294 changing the standard for setting anti-harassment hearings continues to move
in the House.

SHB 1854 is DOL’s fix for City of Redmond v. Moore with a time pay provision. The
time pay provision retains a significant level of judicial discretion.

SHB 1650/SB 5627 concerning signatures on citations is still alive. There are concerns
about proposed changed language to the bill.

SHB 1402 would implement extension of the interstate compact on supervision of adult
offenders to misdemeanor and gross misdemeanor offenses. The Department of
Corrections says local probation departments will not supervise offenders from other
states. Ms. Yonaka notes that DOC’s fiscal note indicates a need for 50 additional
officers so she suspects it will have a local impact. Judge Paja is working to get an
education session on the spring conference program.

Mr. Haake sent a link out on the list serve for a benchbook covering interstate
supervision of offenders.

The Board thanked Ms. Yonaka for her efforts in bringing this bill to the Board’s
attention and assisting in our response to the bill.

SHB 1226 concerns campaign contribution limits. Contributions are limited to $375 per
person. While significant concerns have been noted, the BJA and DMCJA are taking no
formal position on the bill. Individual members are encouraged to review the bill and
make their local legislators aware of any concerns.

SHB 2173 conforms Washington law to federal law on civil relief for soldiers and sailors.

SHB 1200 would mandate that treatment agencies review criminal histories and provide
their treatment recommendations on a standardized form. MCA supports the bill; some
private agencies are opposing.

HB 2126 would create a number of obligations for courts and other parties to
accommodate dependent persons. The DMCJA has taken no position and if the bill
passes, judges will likely have to rule on the lawfulness of many of the bill’s provisions.
We were able to get the sponsor to remove some of the most offensive provisions.

DMCJA Minutes                                                                       3
Also noted were SSB 5654 and SSB 5132, which concern privacy issues for judges and
court personnel, among others. BJA has taken a position in support of 5132 and no
position on 5654.

Judge Kato commended Judge Paja and Melanie Stewart for their efforts on DMCJA’s
behalf this session.

Judge Nakata provided a number of handouts showing DMCJA revenues and
expenditures. She noted the DMCJA ran deficits through 2002, and noted a positive
cash flow in 2002-03. She also noted that Melanie Stewart has not had a recent raise,
that committees have been unfunded, and that Board members are also chairing some

Judge Nakata indicated there is a shrinking group participating in DMCJA governance.

SCJA is considering an increase in dues from $750 to $1000 per member. Judge
Nakata proposed a dues increase for full time judges to $700.

Judge Kato asked Judge Fitterer to activate the Long Range Planning Committee to
consider increasing DMCJA dues. Judge Shelton and a representative from Spokane
should participate in the discussion. Judge Kato asked for a report in April.

Rules Committee
CrRLJ 3.3. Judge Hartl reported the Committee recommends no position. Judge
Nakata indicated that Judge Trickey is considering convening a workgroup to discuss
time for trial in light of experience since its adoption. DMCJA expects to participate in
any discussion. Motion to take no position. Carried

CrRLJ 4.7. Judge Hartl reported the Committee recommended support for proposed
changes. Motion to support. Carried

JIS Link
The DMCJA requested that the JIS waive start-up fees for treatment agencies in
February 2004. No request will be made for a change at this time. AOC should be
informally advised that the DMCJA would not oppose a fee for for-profit agencies.

April Board Meeting Time
There is an ABA domestic violence education session that conflicts with the April Board
meeting. No significant support was noted for changing the Board meeting time.

Nominating Committee
Judge Culp reported that Judge Elizabeth Penoyar has determined to not run for a
Board position at this time. Judge Culp asked the Board’s direction on whether the
Nominating Committee should pursue additional candidates. He noted there were few
nominations and that the current list of candidates reflects significant work by the

DMCJA Minutes                                                                      4
He also noted some concerns that have been expressed by the Spokane District Court
bench about judges Tripp and Plese running against each other. The intention behind
setting that contest was to ensure someone from Spokane would be on the Board.

Finally, he noted that Judge Kato has determined to withdraw from the race for BJA

Consensus was that the slate of candidates should be changed to reflect Judges
Penoyar and Judge Kato withdrawals. No other changes were requested.


Judge Kato solicited a volunteer to hear a citizen complaint in King County District
Court. There were no takers.

The Uniform Infraction/Citation Committee needs a judicial officer member. Judge
Glenn Phillips volunteered.

Judge Hartl attended the recent WSBA BOG meeting. She will provide a written report
in April.

Spring Conference is June 7 through 10 at Semiahmoo. There will be a Board meeting
preceding the conference. The Long Range Planning Retreat will immediately follow
the conference on Friday. Judge Nakata has not determined whether the retreat will go
over to Saturday.

Judge Whitener-Moberg will run the hospitality suite; a block of tee times have been
reserved. A wine tasting is planned.

Upcoming Meetings
The April Board Meeting will be held at AOC’s Seatac facility (Kilroy Center, 18000
Pacific Hwy. South, Suite 1106). Directions will be provided with meeting materials

Liaison Reports
DMCMA—Ms. Townsley reports the DMCMA met on March 10. DMCMA will begin
relying on their web page to disseminate information. They have developed a 5-year
education plan based on core competencies. They have 5 regional education sessions

MCA—Ms. Yonaka noted probation needs for JIS access and their frustrations over
slow progress. Current plans have put probation access on hold.

SCJA—Judge van Doorninck reported on their Long-Range Planning retreat and March
Board Meeting. Discussion included superior court judicial need, Blakely, child welfare
issues, and legislation.

SCJA’s retirement initiative is ongoing and their retained lobbyist is still under contract.
Representative Fromhold has agreed to consider their proposal; they are awaiting
actuarial numbers.
DMCJA Minutes                                                                        5
Mr. Haake reported that Tom Clarke, AOC’s Information Services Director has resigned
to take a position with the National Center for State Courts. He also reported there are
some changes occurring in JIS governance that will de-emphasize court level
involvement in JIS direction. The JISAC will take a more active role in reviewing and
prioritizing change requests. Judge Kato noted that communication between the Board
and DMCJA’s representatives on the JISAC is increasingly important.


DMCJA Minutes                                                                   6

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