Research Committee - 1

Monday, June 27, 2011, at 12:00 p.m.

Teleconference

Minutes

Attendees: Judge Kenneth H. Kato, Chairperson; Professor Robert S. Chang;
Judge Vance W. Peterson; Professor Ada Shen-Jaffe; Dr. Carl McCurley and Professor Jon Hurwitz as guests; and Mr. Monto S. Morton as Staff.

Members not able to attend: Mr. Uriel Iñiguez.

I. Meeting Schedule for 2011 – Teleconferences are typically held the second Monday of every other month at 12:00 p.m., and the following are currently scheduled for 2011:

  • NOTE: Commission meeting July 15, 2011, from 8:45 a.m. to 1:00 p.m. at Seattle University School of Law, Room 327, 3rd Floor.
  • Monday, August 8, 2011, at 12:00 p.m.
  • Monday, October 3, 2011, at 12:00 p.m.
  • Monday, December 12, 2011, at 12:00 p.m.

II. Carl McCurley, Ph.D., Manager, Washington State Center for Court Research, Administrative Office of the Courts – Dr. McCurley andProfessor Jon Hurwitz proposed a study of public perceptions of fairness in the courts, and how perceptions vary by race/ethnicity.

The hope of the study is to identify sources of trust/mistrust toward court operations that can be addressed by the courts in Washington. The investigation would be a continuation of work done by Professor Hurwitz and Professor Mark Peffley in their book titled, Justice in America: The Separate Realities of Blacks and Whites. After further discussion, Committee members concluded that the Committee will not pursue this proposal at this time.

Committee members discussed the research conducted by the Minority and Justice Task Force on this topic in 1990 and determined that public opinion has not changed.

III.Racial and Ethnic Disproportionality of Felony and Misdemeanor Convictions Data–

A request was made of the Committee to discuss sponsoring the collection of data regarding the felony and misdemeanor convictions from 1990, 1995, 2000, 2005 and 2010.

The data would include the total number of people convicted of felony and misdemeanor crimes by race/ethnicity, offense type, gender, and county for each of these years. After further discussion, the Committee members approved this research. The data will be used by Dr. Katherine Beckett and Dr. Alexes Harris in a session at the Annual Judicial Conference scheduled on October 2-5, 2011.

Mr. Monto S. Morton will contact Dr. Carl McCurley for further details and report to the co-chairs of the Commission.

IV. Racial and Ethnic Disproportionality of LFOs Regarding Misdemeanors and Felonies – It was also approved that the research regarding the numbers of bench warrants issued for outstanding debt, for both misdemeanors and felonies, and the number of people who were jailed on those warrants, by race and ethnicity and by county, will be used in the session at the Annual Judicial Conference.

V. Collateral Issues of Criminal and Civil Study Proposal – The Committee members tabled this discussion for future discussion.

VI. Race and the Criminal Justice System Task Force–Professor Robert S. Chang reported that the Task Force will meet with the Supreme Court in March or April of 2012, at the Temple of Justice, to discuss juvenile justice issues. The leads on this issue will be Dean Kellye Testy and Ms. Nicole Gaines. Professor Chang also reported that Ms. Gaines has joined he and Judge Steven Gonzales as co-chairs of the Task Force. The Task Force will meet June 30, 2011.

The Research Working Group is finalizing the preliminary report for publication by the law reviews of three Washington State law schools.

Gonzaga University School of Law has scheduled a conference on September 23-24, 2011, on race and the criminal justice system.

Seattle University School of Law is having a symposium on race and the criminal justice system.

The Community Engagement and Education Work Group is translating the Task Force preliminary report into Spanish. The report is sponsored by the Korematsu Center. It will be published mid July. They are also looking into translating the executive summary of the report in to some Asian languages.

The Task Force is working on developing high school curriculum around race and the criminal justice system to start piloting projects in Washington State schools.

The Task Force is also planning some legislative proposals.

Information about the Task Force on Race and the Criminal Justice System is located on their website at:

V. Other Business

Washington State Demographics of Judicial Officers – Committee members discussed obtaining demographicsdata of judicial officers and determined that the focus should be on all trial and appellate court levels andshould show elected and appointed officers. It was recommended that the judicial associations be partnered in this effort. It was determined not to include administrative law judges. The Committee will recommend the project to the Commission.

Adjourned 1:25 p.m.