November 2004 Board Meetings
By Bonnie J. Glenn
The KCBA Board of Trustees met on November 3 and November 17, 2004. The following is a summary of key
actions taken at those meetings. Com-plete minutes of this and other board meetings are available from the KCBA office.
November 3, 2004
Presidents Report: Municipal Court Appointment and Rating Process President Cary reported that it appears the Mayor’s Office is not opposed to an ordinance similar to the county ordinance involving KCBA and other bar association screening for the appointment of Municipal Court Judges. The Mayor’s Office does not want to consider such an ordinance until after the appointment of Ms. Edsonya Charles to Seattle Municipal Court.
Open House President Cary indicated that the legal aid/legislative open houses were a success across the state. The reception in King County at the KCBA Offices was a success with awards being presented to King County Prose-cutor Norm Maleng and Jeff Sullivan, Chief of the Criminal Division for the US Attorney’s Office, for their legislative efforts on behalf of the Civil Legal Needs Survey.
Business Assistance Panel: Yung Tan and Michael Verchot made a presentation to the board regarding KCBA’s Business Assistance Panel (BAP). Mr. Tan and Mr. Verchot thanked the KCBA Board and our membership for their support of this collaboration. They discussed the Business Advising Day program.
Buisness Advising Day works in conjunction with the Business and Economic Development Program (BEDP), which links students, faculty, and staff from the UW Business School with racially and ethnically diverse business and nonprofit organizations. This program allows students to share their knowledge and skills to help small businesses grow and open educational opportunities for under-represented minority students. Since the partnership’s existence, the KCBA has assisted over 60 businesses in six years.
The 2004 Business Advising Day is scheduled for December 8, 2004. This year the KCBA will assist 16 companies that are part of the BEDP’s business assistance program for 2004. In June of 2005, the BEDP will celebrate its Tenth Anni-versary with a dinner and celebration.
Participation in a Coalition re: Walsh Commission Recommenda-tions: The board renewed its discussion on Merit Selection. Charlie Wiggins of the American Judicature Society provided us materials with respect to Merit Selection in follow-up to questions of board members from our last meeting. The KCBA has been asked to participate in meetings to look at improving the process for judge selection with an emphasis on merit selection and judicial campaign funding.
After discussion the following motion unanimously passed:
1) That President Cary be authorized to appoint one or more board members to participate in meetings to improve the process for selecting judges in this state, reduce the influence of unlimited judicial campaign funding, and emphasizing merit selection.
2) If a coalition is formed, to report back to the board on the issue of whether KCBA should participate in the coalition.
Drug Policy Project-Alternative Models Report: Roger Goodman presented a report to the board entitled, “Controlling Psychoactive Substances: The Current System and Alternative Models.” The report outlined what our current system of drug control looks like and the laws which govern drug control. In the report, alternative models for drug control were outlined to include: Pure Prohibition, Prohibitory Prescription, Maintenance, Regulatory Prescription, Positive License, Negative License, Adult Market, and Free Market. Robert J. MacCoun and Peter Reuter provided an outline in the report of the spectrum of possible drug control regimes.
For more information regarding this report or other reports prepared by Roger Goodman, please check the KCBA website and/or call Roger Goodman at (206) 267-7001 or DPP@KCBA.org.
November 17, 2004
President’s Report: Neighborhood Legal Clinics President Cary was happy to report that the City Council approved the budget for the Neighborhood Legal Clinics and in fact increased the budget to $9,000. President Cary and others testified before the Seattle City Council on behalf of the Neighborhood Legal Clinics.
Drug Policy Project President Cary and Roger Goodman presented at the Loren Miller Bar Association. Roger Goodman presented the Drug Policy Project Resolution and answered questions of the organization.
KCBA Health Care Benefits: Kevin Donnelly gave a presentation to the board regarding health insurance. The KCBA Board unanimously approved that we contract with Acordia for KCBA Health Insurance benefits. Jerry Ko and Kevin Donnelly were thanked for their hard work on this issue.
Drug Policy Project, Treatment Policy Report: Roger Goodman responded to the presentation made by Jeff Sullivan from the U.S. Attorney’s Office. Roger said that the availability of illegal drugs in the market illustrates the failure of our current drug laws. Roger disagreed that the Government cannot make drugs cheaper then the black market. Roger indicated that the pricing should be made high enough to discourage sales and the issue is rather, whether the Government can make the drugs safer. Roger pointed out that legalization of drugs does not mean the commercialization of drugs. The Drug Policy Project is talking about the regulation and control of these drugs. This is not commercialization of harmful drugs.
Presentation by Chief of Staff Dan Satterberg, King County Prose-cuting Attorney’s Office: Dan Satter-berg made a presentation to the board regarding the King County Prosecuting Attorney’s Office view on the proposal made by the Drug Policy Project. Dan pointed out that it’s one thing to criticize our current drug policies and another to describe something that’s better.
Dan handed out materials which showed a significant change in the way we currently look at drug offenses. In 1994, King County started its drug court which allows for treatment of drug offenders and the dismissal of their criminal offense if they are successful at completing this program. Over the years we have expanded eligibility for drug court. Dan pointed out that treatment has an important role in our system and needs to be institutionalized. In addition, in 2002, a criminal justice tax account was specifically earmarked for the funding of treatment courts and drug sentences have been significantly reduced. Norm Maleng and the King County Prosecuting Attorney’s Office helped effectuate the lower sentencing ranges for drug offenders here in Washington State and has looked at ways for treatment and the court system to work hand in hand.
Dan pointed out that with legislative changes reducing sentences for offenders, most are not opting to enter drug court when they can get out sooner by being sentenced. The court, although not perfect, is an effective intervention piece. Dan indicated that there is a role for the criminal justice system and that it is important for the Drug Policy Project to articulate a vision of what this new system would look like.
According to Dan, Legalization will be frowned upon by many who do not want to let go of the current system. Once you legalize drugs, there’s no way to get it back once you open the gates. In addition, the message to youth is a mixed message. The risk and stigma regarding drugs is an important deterrent. Legalization would require a Federal Law Presump-tion of some sorts and is a true impediment to legalization of drugs and should be explored in depth.
Dan concluded that in the last 20 years there has been a focus on incarceration. The court system, although not perfect, is now looking at prevention, intervention and treatment. People are concerned about a system that is unchecked without criminal ramifications. There is a role for courts, treatment, intervention and prevention. We need to hear a clear vision that makes us feel comfortable that there’s a better way to go.
Treasurer’s Report: KCBA Trea-surer Karen Jones reviewed the budget and the quarterly rolling budget. We are currently in good shape and will continue to monitor the CLE reports for the budget. The budgets were approved unanimously by the board. n
Bonnie J. Glenn is KCBA Secretary/Trustee. Ms. Glenn is a Senior Deputy Prosecuting Attorney at the King County Prosecuting Attorney’s Office. She can be reached at (206) 296-9035 or at bonnie.glenn@metrokc.gov.
