Washington State Minority and Justice Commission Commission Meeting - TVW Friday, July 30, 2021 ...

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Washington State Minority and Justice Commission Commission Meeting - TVW Friday, July 30, 2021 ...
Washington State
Minority and Justice Commission
      Commission Meeting

TVW: https://www.tvw.org/watch/?
      eventID=2021071086

       Friday, July 30, 2021
        9:00 a.m.–12:30 p.m.
Washington State Minority and Justice Commission Commission Meeting - TVW Friday, July 30, 2021 ...
Minority and Justice Commission
                       2021 Meeting Dates
      Teleconference Number: 1-877-820-7831 | Passcode: 358515#
            Virtual Meetings held via Zoom Videoconference

              Date                       Time                     Location

                                                            Zoom Videoconference
         Friday 01/15/21           9:00 AM – 3:00 PM
                                                         (KCBA MLK luncheon at noon)

         Friday 03/19/21           9:00 AM – 1:00 PM        Zoom Videoconference

         Friday 05/14/21           9:00 AM – 1:00 PM        Zoom Videoconference

         Friday 06/02/21
                                   8:30 AM – 1:00 PM        Zoom Videoconference
    Supreme Court Symposium

         Friday 07/30/21           9:00 AM – 1:00 PM        Zoom Videoconference

         Friday 09/24/21           9:00 AM – 1:00 PM        Zoom Videoconference

         Friday 11/5/21            9:00 AM – 1:00 PM        Zoom Videoconference

Please contact Frank Thomas at Frank.Thomas@courts.wa.gov or 206-316-0607 if you have
any questions.
Washington State Minority and Justice Commission Commission Meeting - TVW Friday, July 30, 2021 ...
MINORITY AND JUSTICE COMMISSION
                                              BIMONTHLY GENERAL MEETING
                                                     JULY 30, 2021
                                                  9:00 A.M. – 12:30 P.M.
                                               JUSTICE MARY YU, CO-CHAIR
                                            JUDGE VERONICA GALVÁN, CO-CHAIR
                                    HTTPS://WWW.TVW.ORG/WATCH/?EVENTID=2021071086

                                               AGENDA
CALL TO ORDER 9:00 – 9:05 a.m. (5 minutes)

    Welcome and Introductions
    Approval of May 14 Minutes
    Welcome newest Commission member Professor Mark A. Chinen

GUEST PRESENTATIONS 9:05 – 10:05 a.m. (60 minutes)

    Gender Justice Study Report – Justice Sheryl Gordon McCloud and Dana Raigrodski
       • GJC Gender Justice Study Co-chairs presenting a final report prior to final publication of
          three year grant-funded study of gender bias in Washington legal system.

    Seattle U School of Law Calhoun Fellows Research: Community Reparations Initiatives
        • Presentation and Discussion of Fellow group proposal to center the priorities of well-
            established community voices in development of 2022 Symposium on Reparations.

CHAIR & STAFF REPORT 10:05 – 10:45 a.m. (40 minutes)

    Racial Justice Consortium
        • Update on the latest work of the Racial Justice Consortium – Patty Lally

    2021 Symposium Debrief: Behind Bars
        • Recap and share feedback and impressions of 2021 Annual Supreme Court Symposium on
            Incarcerated Women and Girls of Color.
        • Discuss opportunities for follow-up work on issue of intersectional inequity in criminal legal
            system by MJC.

    Staff Report
        • MJC Research Project Updates
               o Convening LFO Work Group – Frank Thomas
               o MJC FY22 Research Initiatives and Invitation for Proposals – Frank Thomas

BREAK 10:45 – 11:00 (15 minutes)

SPECIAL GUEST PRESENTATION – Franklin HS Art Collective 11:00-11:30 (30 minutes)

    Presentation of 2021 MJC Artwork
Washington State Minority and Justice Commission Commission Meeting - TVW Friday, July 30, 2021 ...
•   "The statue of Lady Justice looms over the turmoil of her surroundings, racism, injustice,
              and death reigning supreme. She is not blind to this; she cannot see through the cloth of the
              American flag. What she cannot see through the flag, are the fire and flames of the forests,
              and the projections of our strife and our fight. We came here to remove her blindfold, and
              make her finally bear witness to the human and environmental injustice."

COMMISSION LIAISONS & COMMITTEE REPORTS 11:00 – 12:30 p.m. (90 minutes)

    Education Committee – Judge Lori K. Smith
        • Completed: DMCMA Spring Conference
                “LFO Reconsideration Days: the Big Wave,” LaTricia Kinlow
        • Completed: DMCJA 2021 Spring Conference
                “Marriage of Courts and Collection Agencies,” Judge Karl Williams
        • Open Discussion of Standalone Virtual Education Programs – Frank Thomas

    Fall Conference Colloquium Planning Group (2022):
         • Colloquium Judicial Education Series on Facially Neutral Laws with Racialized Impact; Racial
            Disproportionality as Evidence of Racism and Systemic Racism
         • Update Colloquium Plans and SCJA Spring Conference 2022 Program Submission – Judge
            Johanna Bender

    Outreach Committee – Judge Bonnie Glenn and Lisa Castilleja
        • Vote on Tri-Cities Youth & Law Forum Funding – Lisa Castilleja
        • Vote on Seattle Youth & Law Forum Funding – Judge LeRoy McCullough
        • Discuss Scheduling Regular Meetings & Availability Poll

    Juvenile Justice Committee – Annie Lee and Judge Theresa Doyle
        • Discuss Juvenile Justice Priorities for FY22: juvenile records privacy reforms; juvenile decline
            research and policy analysis; analysis of COVID-19 protocols on juvenile detention racial
            disparities.

    Tribal State Court Consortium – Judge Lori K. Smith
         • Update on TSCC Activities
         • Vote on TSCC Annual Meeting Allocation

          •   MJC Liaisons
          •   Access to Justice Board – Esperanza Borboa
          •   Bar Licensure Task Force – Frank Thomas

    Next MJC meeting: Friday, September 24th, 2021 @ 9:00 a.m. (via Zoom).
MINORITY AND JUSTICE
                                 COMMISSION
                                ZOOM VIDEOCONFERENCE
                                  FRIDAY, MAY 14, 2021
                                   9:00 A.M. – 1:00 P.M.
                               JUSTICE MARY YU, CO-CHAIR
                         JUDGE VERONICA ALICEA-GALVÁN, CO-CHAIR

                                      MEETING NOTES

 Commission Members                             Liaisons
 Judge Veronica Alicea-Galván, Co-Chair         Laura Edmonston, Embedded Law Librarian
 Professor Lorraine Bannai
 Jeffrey Beaver (emeritus)                      Law Student Liaisons
 Judge Johanna Bender                           Israel Carranza
 Annie Benson                                   Rigo Garcia
 Professor Bob Boruchowitz (emeritus)           Dalia Pedro Trujillo
 Lisa Castilleja                                Jenny Wu
 Judge Faye Chess                               Margarita Esquivel Torres
 Judge Linda Coburn
 Theresa Cronin                                 Staff
 Chad Enright                                   Cynthia Delostrinos
 Professor Jason Gillmer                        Moriah Freed
 Kitara Johnson                                 Frank Thomas
 LaTricia Kinlow                                Patty Lally
 Anne Lee
 Karen Murray                                   Guests
 Brianna Ortega                                 Judge Sara Dannen
 Christopher Sanders                            Professor William Covington
 Judge Ketu Shah                                Cameron Cantrell
 Travis Stearns                                 Zoe Wood
 Leah Taguba                                    Judge Hillary Madsen
 Joshua Treybig                                 Emily Thayer
 Judge Karl Williams                            Tia Strozier
                                                Deborah Espinosa
                                                Jaime Hawk
                                                Hazel Johnson
                                                Judge Kimberly Walden

CALL TO ORDER

The meeting was called to order at approximately 9:00 AM

Welcome and Introductions
    Judge Alicea-Galván welcomed everyone to the meeting.

                                          Page - 1 -

                                                                                 Page 1 of 38
   Members and guests introduced themselves.

Approval of March 19 Meeting Minutes
    Approved as presented

GUEST PRESENTATION

UW Law Student Research: WA State Regulation of Police Technology – Professor William
Covington, Cameron Cantrell and Zoe Wood

Presentation
    The presentation slides are included on page 9 of the meeting packet.
    Professor Covington introduced himself and his students, who are conducting research at
      the University of Washington on the trends, gaps, and strengths in police technology laws.
      They will discuss how Washington State compares with the rest of the country on law
      enforcement technology use, and what the judiciary can do to ensure equity and
      accountability. The group will be discussing the regulation of 7 known police technologies.
    Washington’s technology governance is fairly good as compared to other states.
    Police departments are not limited by their own data. They can access data between other
      agencies and departments, such as with automatic license plate recognition (ALPR) data.
    There are no limitations on PredPol, a predictive policing technology, in Washington. Santa
      Cruz, for example banned PredPol.
    Washington has a good protective facial recognition technology (FRT) law compared to other
      states with FRT laws. Washington leaves it to individual agencies to determine who can
      access FRT data and under what circumstances.
Discussion
      The final paper will be distributed to Commission members once it is finalized in June, 2021.
      The 2021 session legislation was incorporated into the research.
      Commission members commended the presentation and research.

CHAIR & STAFF REPORTS
Racial Justice Consortium – Patty Lally
      In June 2020, the Washington Supreme Court issued a letter addressing racism in the justice
       system. The Consortium was established as a response to the letter.
      The Consortium is a 50+ member group of all court levels, including members of impacted
       communities.
      The group is exploring the idea of belonging – how do we transform courthouses into places
       where all can seek justice? This includes internal work with the Consortium members.
      The group is working to establish a road map to continue work and implement change.

CLE Event: Qualified Immunity 360 – Frank Thomas
      Judge David Whedbee was recognized for his leadership and initiative in planning the event.
      A 200 person attendance was maintained on the webinar, with an additional 90 during the
       TVW stream.
      In addition to wide viewership in Washington, there was national attention as well.
      Frank Thomas provided an overview of the panels and topics for the event.
      The event ended with a conversation between Chief Justice González and Judge Carlton
       Reeves.

                                             Page - 2 -

                                                                                          Page 2 of 38
    Participants commended the Washington Supreme Court for tackling the issue of Qualified
        Immunity in the recent webinar.

LFO Work Updates – Cynthia Delostrinos
       LFO Reform Bill HB 1412 did not pass this legislative session.
       Work in community surrounding LFOs is at an all-time high. Exploring the idea of calling a
        convening group to advance LFO reform.
       Funding to maintain the LFO calculator was secured this legislative session.
       Budget proviso this session was included for the Washington State Institute for Public Policy
        (WSIPP) to conduct a comprehensive report on LFOs in Washington. MJC was named as an
        entity that WSIPP can consult with. MJC has contacted WSIPP and expressed interest in
        assisting.
       MJC has been working collaboratively with a group called Living with Conviction. We are
        working with them to finalize the LFO consortium report to include the voices of impacted
        individuals when providing recommendations.
            o Izzy Carranza and Sam Suoeka were recognized for their assistance on the report.
Bail Data Research Update
       This research is being conducted in advance of the June 2 Supreme Court Symposium.
       Initial goal was to get 10 counties worth of data, with a new goal of 5 counties. The project
        will be continued beyond the June 2 Symposium.
             o Counties are not obligated to provide this data.
             o Not all counties have easy access to their own data.
       One main takeaway is that better reporting practices of data need to be developed across
        the state.
Plea Bargaining Process Research
       Frank Thomas, Dr. Andrew Peterson, and Chad Enright are working collaboratively on the
        project. It has been tabled until FY 2022.

National Conference on Racial and Ethnic Fairness in the Courts
       The group is meeting this Sunday. The conference is upcoming, with good representation
        from Washington expected.

LAW STUDENT LIAISONS
Congratulations to Liaison Graduates!
       Dalia Pedro Trujillo (GU), Rigo Garcia (GU), Israel Carranza (GU), Peggy Rodriguez (SU),
        Mary Ruffin (UW), and Furhad Sultani (UW)

Gonzaga University Law Project Report - Dalia Pedro Trujillo, Rigo Garcia, Israel Carranza,
and Maggie Esquivel Torres
Multi-lingual MJC Informational and Digital Outreach Campaign
       The Gonzaga law student liaisons created an MJC Instagram page. They are hoping to
        surpass 100 followers by the end of the day, and are currently at 97. 100 followers were
        reached during the meeting.
       The Instagram posts have received good engagement so far. One post had 1000 unique
        engagements. The posts were promoted using infographics. They noted that Facebook posts
        receive better engagement than Instagram.

                                               Page - 3 -

                                                                                             Page 3 of 38
   Maggie Esquivel Torres shared her screen to show the infographics and videos made for the
       social media accounts. The videos and infographics were made in both Spanish and English.
      While the project had a good budget, most of the promotions were rejected and thus
       engagement was organic. Guidelines on Facebook and Instagram have gotten very strict
       regarding content deemed political. More works needs to be done to reach Spanish speaking
       communities.
      For posts with higher engagement, there was backlash on Spanish speaking videos in the
       form of hateful comments. These comments are indicative of the work that needs to be done.
      As a tool, social media reach expands audience for the Commission and provides
       transparency for judiciary.

Seattle University Law Project Report - Denise Chen, Peggy Rodriguez, Jenny Wu, and David
Armstead
A Law Student’s Toolbox for Social Justice Advocacy
      The panel was on April 22, 2021. Over 100 people attended
      In retrospect, more time should have been allocated for the Q&A part of the event.
      The infographic that was developed was shared with the Commission.

COMMISSION LIAISON & COMMITTEE REPORTS
Education Committee
      Completed SCJA 2021 Spring Conference
          o Immigrant Families Tool Kit
                 The session was well received and timely in its subject matter.
      Completed DMCMA Training Series – Silence = Acceptance - LaTricia Kinlow
          o Over 800 people attended the sessions.
          o Feedback is being compiled and will be disseminated once it is finalized.
      Upcoming DMCJA Spring Conference
          o Marriage of Courts and Collection Agencies
      Upcoming DMCMA Spring Conference
          o LFO Reconsideration Days: the Big Waive
Fall Conference Colloquium Planning Group (2022) – Judge Johanna Bender
     The planning group is an offshoot of a judicial discussion group to pursue holistic educational
       programming looking critically at the role of systemic racism in our state’s legal system. The
       group is planning with an eye towards a major project at the Fall Conference 2022. Judge
       Johanna Bender and Judge Maureen McKee are heading the working group.
     A proposal will be submitted to bring in a national speaker for a keynote address on the ways
       in which racism has been embedded into the American justice system since its inception.
       The concept of neutrality will be explored.
     Breakout groups will be utilized to further explore these issues. Ideas will be brought back to
       MJC for continued action.
     The group is considering an additional proposal for DMCJA.
     Gonzales Rose is being invited to speak on evidence rules and racially disparate impacts for
       a plenary session.
Rules & Legislation Committee
      The Committee met weekly at the beginning of session to respond to legislation. The
       Committee submitted letters of support on various legislation.
      Leah Taguba and Professor Jason Gillmer will be joining the Committee.

                                              Page - 4 -

                                                                                            Page 4 of 38
   Now that session is over, attention will be turned to other projects, such as court rule
       changes.
Juvenile Justice Committee – Annie Lee
      Numerous juvenile justice bills were supported this legislative session:
          o HB 5118 passed that supports successful reentry.
          o Reentry package allocated funds to JR to support young people and successful
             reentry.
          o HB 1140 – youth right to counsel at arrest. Passed.
          o HB 1320 – protection order bill. GJC took the lead on this bill, and MJC decided to
             step back. Looking forward to partnering with GJC on workgroups.
          o Record sealing bill did not pass, but JJ Committee is anticipating continued work in
             area.
          o At TeamChild, have already seen reform stemming from the Blake decision.

Tribal State Court Consortium – Judge Lori K. Smith
      A written update is included in the meeting packet.

MJC Liaisons
      Bar Licensure Task Force – Frank Thomas
          o Group has met twice, third meeting this coming Monday.
          o Sub-committees have been formed to further explore the topic and alternatives in
              licensure.

ADJOURNMENT
Acknowledgment of Work Accomplished
      Judge Alicea-Galván acknowledged the work that has been accomplished during a
       pandemic. This shows amazing commitment and resilience of MJC. People are looking to
       Washington to lead on access to justice.

Announcements
      Tonight, 5/14, is the Loren Miller bar association event. Frank Thomas will circulate the event
       to the Commission.

The meeting was adjourned at 11:20 AM

                                               Page - 5 -

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Washington State Supreme Court Gender and Justice Commission
                   Gender Justice Study Chapters
PART I: GENDER, THE LEGAL COMMUNITY, AND BARRIERS TO ACCESSING
 THE COURTS
  Chapter 1: Gender and Financial Barriers to Accessing the Courts
  Chapter 2: Communication and Language as a Gendered Barrier to Accessing the Courts
  Chapter 3: Gender and Barriers to Jury Service
  Chapter 4: The Impact of Gender on Courtroom Participation and Legal Community
             Acceptance
PART II: GENDER, CIVIL JUSTICE, AND THE COURTS
  Chapter 5: Gender and Employment Discrimination and Harassment
  Chapter 6: Gender Impacts in Civil Proceedings as They Relate to Economic Consequences
             Including Fee Awards and Wrongful Death
  Chapter 7: Gender Impact in Family Law Proceedings
PART III: GENDER, VIOLENCE, YOUTH, AND EXPLOITATION
  Chapter 8: Consequences of Gender-Based Violence: Domestic Violence and Sexual Assault
  Chapter 9: Juvenile Justice and Gender and Race Disparities
  Chapter 10: Commercial Sex and Exploitation
PART IV: THE GENDERED IMPACT OF THE INCREASE IN CONVICTIONS AND
 INCARCERATION
  Chapter 11: Incarcerated Women in Washington
  Chapter 12: Availability of Gender Responsive Programming and Use of Trauma Informed
              Care in Washington State Department of Corrections
  Chapter 13: Prosecutorial Discretion and Gendered Impacts
  Chapter 14: Sentencing Changes and Their Direct and Indirect Impact on Women
  Chapter 15: The Gendered Impact of Legal Financial Obligations
  Chapter 16: Consequences of Incarceration and Criminal Convictions for Parents, Their
            Children, and Families

                                                                               Page 11 of 38
2021 Gender Justice Study

In order to gain a better understanding of gender bias in the courts today, the Washington
State Supreme Court Gender and Justice Commission conducted the 2021 Gender Justice Study
(2021 Study). The study focuses on the intersection of gender and race, poverty, and other
identities.

The 2021 Study evaluates the status of the recommendations from the Commission’s 1989
gender bias study; presents updated data, research, and literature on 17 topic areas related to
the justice system; highlights areas where data and research are lacking; and presents goals and
recommendations for addressing inequities identified in the study. In addition, the Commission
conducted five projects to fill research and data gaps identified in the course of conducting the
2021 Study.

The Gender Justice Study contains a number of recommendations to address gender and other
inequities identified in the course of analyzing data, reviewing the literature, conducting
projects to fill gaps in the literature, and working with experts. The recommendations work
toward meeting five goals:

   1. Improve data collection in every area of the law that this report covers: ensure
      collection and distribution of accurate, specific, data, disaggregated by gender, race,
      ethnicity, and LGBTQ+ status, in the criminal, civil, and juvenile areas of law covered
      here.
   2. Improve access to the courts in every area of the law that this report covers: expand
      remote access, adopt more flexible hours, increase access to legal help, reduce
      communication barriers, and ensure that courts treat all court users in a trauma
      responsive manner.
   3. Address the impacts of the vast increase in convictions and detentions over the last
      generation: (a) recognize and remedy the increase in conviction rates and incarceration
      length of women, especially Black, Indigenous, and other women of color, and (b)
      recognize and remedy the consequences that the increased incarceration of Black,
      Indigenous and other men of color over the last generation has had on women and
      other family members.
   4. Reduce reliance on revenue from court users to fund the courts.
   5. Determine what evidence-based curricula work for judicial and legal education on
      gender and race bias.

The 2021 Study includes recommendations that span the 16 study topic areas and address
these goals. Here are a sample of the recommendations:

   •   Low-income care-givers in particular often lack access to safe, affordable, quality,
       childcare, and this limits their ability to access courts. To remove such barriers and
       improve all court users’ ability to conduct court business using remote means and/or
       while accessing childcare resources within their communities:

Washington State Supreme Court Gender and Justice Commission. Publication anticipated September 2021.

                                                                                           Page 12 of 38
o   Courts should retain and expand the best of the remote access opportunities
                that the courts adopted during the pandemic (e.g., access through digital
                platforms accessible via computer or smart phone) – the ones that maximized
                communication and language access without penalizing litigants for using
                remote means. Publish (electronically) accessible directions on how to access
                court business and documents remotely, and limit fees for accessing court
                business and documents remotely.
            o   Courts should consider more flexible hours of operation or, with increased
                funding, expanded hours of operation.

   •   WSCCR and juvenile justice stakeholders should develop standards for collecting and
       reporting demographic data by entities operating in all phases of the juvenile justice
       system (initial referral, diversion/prosecution, detention, adjudication, disposition, use
       of manifest injustice/decline, and outcome). Data should include self-identified sexual
       orientation, gender identity, gender expression, race, and ethnicity; age; developmental
       challenges; and status as a parent.

   •   WSCCR and juvenile justice stakeholders should develop uniform standards for
       collecting and reporting demographic data for school-based referrals. Data should
       include self-identified sexual orientation, gender identity, gender expression, race, and
       ethnicity; age; developmental challenges; and status as a parent. Use this data to (1)
       identify student populations and geographic locations with the greatest need, (2)
       develop restorative programs tailored to specific needs at the local level, and (3) reduce
       criminal referrals.

   •   In order to determine whether women (including Black, Indigenous, women of color,
       and women in poverty) and LGBTQ+ people are disproportionately underrepresented in
       the jury selection process and why, by the end of 2021, stakeholders, such as the
       Washington State Supreme Court Minority and Justice Commission and the Washington
       Pattern Jury Instructions Committee, should convene a workgroup to build on prior data
       collected by the Minority and Justice Commission by studying the following:
            o By the end of 2022, the workgroup, with assistance from the Administrative
                Office of the Courts, should determine how best to mandate and fund collection
                of demographic data at every stage of the jury selection process in every
                Washington jurisdiction.
            o By the end of 2023, the workgroup, with assistance from the Washington State
                Center for Court Research (WSCCR), should collect and study court data to
                determine whether Black, Indigenous, and women of color or LGBTQ+ people
                are disproportionately excused from jury service for hardship, for cause, or
                based on peremptory challenges, and whether different subpopulations are
                affected differently.

Washington State Supreme Court Gender and Justice Commission. Publication anticipated September 2021.

                                                                                           Page 13 of 38
2021: Gender and Race Still Affect Justice
The 2021 Gender Justice Study found evidence of many gender inequities in Washington State’s
justice system. These inequities most frequently impact Black, Indigenous, and people of color
who are women, transgender, and gender nonconforming.

        GENDER, THE LEGAL COMMUNITY, AND BARRIERS TO ACCESSING THE COURTS
   •   The costs of accessing Washington courts—such as user fees, child care, and lawyers—
       create barriers. This has the greatest impact on single mothers; Black, Indigenous, and
       women of color; LGBTQ+ people; and those with disabilities.
   •   Lack of affordable child care limits the ability of low-income women to get to court,
       underscoring the need for flexible court schedules and online access to court.
   •   Lack of court interpreters and translated materials disadvantages people with distinct
       communication needs. This is a particular concern for those seeking protection from
       domestic violence, including immigrant women and families.
   •   Black, Indigenous, and women of color are not well represented in jury pools. Higher
       juror pay and research on challenges for female jurors are needed.
   •   Women, particularly Black, Indigenous, and other women of color, continue to face bias
       and pay disparities in the legal profession. Women and men of color are also
       underrepresented in judicial and law firm leadership positions.

                                GENDER, CIVIL JUSTICE, AND THE COURTS
   •   The highest rates of workplace discrimination and harassment affect Black, Indigenous,
       and women of color; women doing farm work, domestic labor, and hospitality work;
       people with disabilities; and LGBTQ+ workers.
   •   Those most impacted by workplace discrimination and harassment have difficulty
       reporting incidents and finding lawyers. They may receive unequal court outcomes by
       gender, race, and ethnicity.
   •   A 2021 workplace survey of employees in Washington courts, superior court clerk
       offices, and judicial branch agencies found that employees who identified as American
       Indian, Alaska Native, First Nations, or other Indigenous Group Member (86%), bisexual
       (84%), gay or lesbian (73%), and women (62%) reported the highest rates of
       harassment.
   •   Current practices for valuing life for wrongful death and other tort claims devalue the
       lives of women and Black, Indigenous, and people of color.
   •   Data suggests that gender and other biases in family law proceedings can impact
       custody, child support, and maintenance decisions.

Washington State Supreme Court Gender and Justice Commission. Publication anticipated September 2021.

                                                                                          Page 14 of 38
GENDER, VIOLENCE, YOUTH, AND EXPLOITATION
   •    Domestic violence and sexual assault mostly harm women and LGBTQ+ people—
        particularly those who are Black, Indigenous, people of color, immigrants, or
        living in poverty. They face barriers to reporting such gender-based violence.
   •    Despite improvements in the law and its enforcement, barriers to justice remain
        for victims of gender-based violence. The large numbers of missing and
        murdered Indigenous women and people remain a key concern.
   •    The law requiring mandatory arrests in domestic violence cases may have
        unintended adverse effects on women, people of color, immigrants, those living
        in poverty, and LGBTQ+ people.
   •    Girls, LGBTQ+ people, and youth with disabilities take different pathways into
        the juvenile justice system than youth who are not a part of these populations,
        and have different needs inside the system.
   •    Boys are targeted for commercial sexual exploitation in larger numbers than previously
        known. But women, youth of all genders, LGBTQ+ people, those in poverty, and Black,
        Indigenous and communities of color are the main targets.
   •    The justice system response to commercial sexual exploitation has greatly improved but
        still treats many in the sex industry, including exploited populations, as criminals.

       THE GENDERED IMPACT OF THE INCREASE IN CONVICTIONS AND INCARCERATION
   •    While men of color have suffered the brunt of mass incarceration, the number of
        women incarcerated in Washington grew exponentially and largely in the shadows
        between 1980 and 2000. Their numbers continue to increase while the very high
        incarceration rates for men decrease.
   •    Our pilot project found that Black, Indigenous and women of color are convicted and
        sentenced at rates two to eight times higher than white women.
   •    Jail and prison programs and policies are developed for men and often do not meet the
        needs of women or transgender and gender nonconforming people.
   •    Incarcerated mothers are more likely than fathers to be primary caregivers. Mothers are
        thus more likely to lose their children to out-of-home care during their incarceration.
   •    Racial disparities in arrests negatively influence pretrial bail decisions, which influences
        plea deals, affects charging decisions, and creates a higher likelihood of incarceration
        and longer sentences for both men and women of color.
   •    There is little data on the gender impacts of legal financial obligations (LFOs). The
        available research suggests that while men face higher LFOs, women face greater
        challenges trying to pay both their own LFOs and those of people close to them.

Washington State Supreme Court Gender and Justice Commission. Publication anticipated September 2021.

                                                                                          Page 15 of 38
2022 Symposium Planning Doc

               COMMUNITY ORGANIZATIONS COMPILED RESEARCH

Organizations

Decriminalize Seattle (Callan)
Website: https://decriminalizeseattle.com/
           - Organizing around defunding the police and reinvesting in communities and
               participatory budgeting, not specifically reparations but may have some good
               insight into how divest/invest fits in with reparations framework
           - Demands
                   - Defund SPD by at least 50%
                   - Reallocate those funds to community led health and safety systems
                   - Release protestors arrested during this uprising without charges
           - Why divest?
                   - Policing and criminalization drain resources and puts black lives at risk
                   - Police reforms consistently fail to protect black lives
                   - We need to divest from police, prisons, courts, and prosecution
                   - Investing in community and keeping each other safe
           - Demands for seattle school board
                   - End the institutional relationship with SPD
                   - Redirect school emphasis officer funding and staffing towards community
                       needs
                   - Transparency and accountability from the seattle school board and
                       superintendent juneau throughout this process

King County Equity Now (Timea)
Accessible: https://www.kingcountyequitynow.com/

About: “KCEN, which started as an informal coalition of over 60 Black-led community
organizations like Africatown Community Landtrust, Community Passageways, and Blaq
Elephant Party, is now a formal, pro-Black 501(c)(4) dedicated to achieving equity for all Black
peoples across all measurable metrics, including, wealth, health, land ownership, safety, college
matriculation rates, organizational control, and more.”

https://southseattleemerald.com/2021/04/09/seattle-activists-continued-fight-for-mutual-aid-true-
equity-and-defunding-spd/

                               King County Equity Now Demands

a.     Black Land Ownership
              i.    Black Land Acquisition Campaigns
                 1. Youth Achievement Center
                 2. Family Empowerment Center

                                                                                      Page 16 of 38
b.     Black Education
                 1. Community Schools
                 2. Restorative Justice
                 3. Black Studies and Ethnic Studies
                 4. More Black teachers
                 5. Anti-Racists Professional Development
                 6. Educator Accountability
                 7. More Student Representation
                 8. Youth Achievement Center
                 9. Community Control of Schools
                 10. Community Control of Education Resources and Levy Funds.

c.     Black Health

https://www.youtube.com/watch?v=yzAo57IRft8&feature=youtu.be

d.      Black Finance
               i.         ARPA Funding
https://kingcountyequitynow.quorum.us/campaign/100m/

“Now, Seattle and Martin Luther King Jr. City Council will soon receive over half a billion
dollars through the ARPA for relief.

As a collective (“Collective”) of Black community organizations, businesses, leaders, elders and
community members, we write to express:

our deep concern over the wholesale exclusion of the Black community from federal pandemic
relief funding, failing service models and providers; and

the urgent, pressing need to invest at least $300M from this region's ARPA, funding
directly into the local Black community.”

e.     Black Community Safety

https://southseattleemerald.com/2020/07/10/veto-proof-majority-of-seattle-city-council-pledges-
support-for-defundspd-effort/

Our 4-point proposal for reinvestment:
1-replace current 911 operations w/ a civilian-controlled system
2-scale up community-led solutions
3-fund a community created roadmap to life without policing
4-invest in housing for all pic.twitter.com/YfwxXvwH3H
— King County Equity Now Coalition (Official) (@KCEquityNow) July 8, 2020

King County Equity Now in the media

                                                                                     Page 17 of 38
http://seattlemedium.com/king-county-equity-now-demands-300-million-in-direct-investments-
to-the-black-community/

May 19, 2021

 “On Mon., King County Equity Now (KCEN) held a conference on the State of Black
Community in COVID and introduced a collective order to distribute local funding from the
American Relief Plan Act (ARPA) equitably. Specifically, organizers are calling on King County
and the City of Seattle to invest at least $300 million from the recently awarded ARPA funding
directly into the local Black community.”

 https://southseattleemerald.com/2021/04/01/housing-finance-committee-biased-against-black-
led-projects-say-community-groups/

April 1, 2021

“The current point system used by the Washington State Housing Finance Committee (WSHFC)
to assign bonds that help finance affordable housing projects has no allowance for Black- or
POC-led projects and promotes less expensive studio and one-bedroom units that don’t work for
larger families, critics said in a Feb. 25 meeting in which roughly 80 community members,
organized by King County Equity Now, called in to express their anger and frustration.

The process ultimately excludes Black communities from access to appropriate affordable
housing and homeownership and also Black developers and construction managers from
participating in the government-backed program, said K. Wyking Garrett, president of the
Africatown Community Land Trust (ACLT). ACLT had applied for financing for its Africatown
Plaza project in the January round but did not receive funding.

WSHFC has held public forums after the Feb. 25 meeting, Garrett said, and a new set of slides
posted on Mar. 17 indicated that “two public development authorities will get an allocation so
they may issue on behalf of their 2021 projects (Africatown and North Lot).””

https://www.seattletimes.com/subscribe/signup-
offers/?pw=redirect&subsource=paywall&return=https://www.seattletimes.com/seattle-
news/politics/at-center-of-police-defunding-debate-king-county-equity-now-and-decriminalize-
seattle-reimagine-public-safety/

Movement for Black Lives (Andrea)
https://m4bl.org/

WHO WE ARE

M4BL formed in December of 2014, was created as a space for Black organizations across the
county to debate and discuss the current political conditions, develop shared assessments of what

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political interventions were necessary in order to achieve key policy, cultural and political wins,
convene organizational leadership in order to debate and co-create a shared movement wide
strategy. Under the fundamental idea that we can achieve more together than we can separately.
We want to make sure all Black people live, thrive and experience true liberation. We are
building narrative power to transform communities, policy and culture. We are not only a
movement of organizers, but strategic communicators who create our own media while sharing
our bold Vision for Black Lives online, on social media and across traditional news outlets, radio
and television.

RESEARCH

This was one of the organizations present at the webinar we attended that Law 4 Black Lives
hosted. The speaker for the organization was Rich Wallace. Rich raised the importance of
anticapitalism in the work for reparations. This organization focuses on creating a space for
Black organizations across the country. Their focus is on abolition and anti-capitalist work while
building kinship with one another. M4BL is already doing reparation work and has a toolkit
resource for others. (https://m4bl.org/wp-content/uploads/2020/05/Reparations-Now-Toolkit-
FINAL.pdf). Additionally, M4BL has a five-year plan (Black Power Rising) that is structured by
five pillars which serve as the goals to be achieved. The five pillars are:

1. Mass engagement – provide political education, trainings, and cultural events to 10% of
black people within the USA.

2. Local power – establish self-determined Black communities where Black people are in
governing power in at least 5-10 localities.

3. Building across movements/multiracial strategy – purpose is to reach outside the organizer
class to build and engage majorities ready to organize, resist, vote, and build alternatives.

4. Leadership development – training of 50,000 Black organizers, activists, strategists, and
people in other essential roles and align preexisting leadership development infrastructures on
the frontlines and support capacity building among local organizations.

5. Electoral strategy – engage in strategy that captures clear electoral victories with an eye
toward preventing the ride of white-nationalist and authoritarian rule.

M4BL was rooted in being a collective that centers, and is led by and rooted in Black
communities that believes in collective liberation of all oppressed people. M4BL is committed to
their vision and have set out a revised policy platform in resistance to police and state sanctioned
violence. The demands include ending the war on Black communities (youth; trans, queer,
gender nonconforming; disabled; migrants; law enforcement; criminal history; surveillance; etc).
In addition, their demand for reparations is outlined in its own section that includes:

   1. Reparations for the systemic denial of access to high quality educational opportunities in
      the form of full and free access for all Black people (including undocumented and
      currently and formerly incarcerated people) to lifetime education including: free access
      and open admissions to public community colleges and universities, technical education

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(technology, trade and agricultural), educational support programs, retroactive
          forgiveness of student loans, and support for lifetime learning programs.
     2.   Reparations for the continued divestment from, discrimination toward and exploitation of
          our communities in the form of a guaranteed minimum livable income for all Black
          people, with clearly articulated corporate regulations.
     3.   Reparations for the wealth extracted from our communities through environmental
          racism, slavery, food apartheid, housing discrimination and racialized capitalism in the
          form of corporate and government reparations focused on healing ongoing physical and
          mental trauma, and ensuring our access and control of food sources, housing and land.
     4.   Reparations for the cultural and educational exploitation, erasure, and extraction of our
          communities in the form of mandated public school curriculums that critically examine
          the political, economic, and social impacts of colonialism and slavery, and funding to
          support, build, preserve, and restore cultural assets and sacred sites to ensure the
          recognition and honoring of our collective struggles and triumphs.
     5.   Legislation at the federal and state level that requires the United States to acknowledge
          the lasting impacts of slavery, establish and execute a plan to address those impacts. This
          includes the immediate passage of H.R.40, the “Commission to Study Reparation
          Proposals for African-Americans Act” or subsequent versions which call for reparations
          remedies.

Movement for Black Lives Reparations Now Toolkit

Accessible: https://m4bl.org/wp-content/uploads/2020/05/Reparations-Now-Toolkit-FINAL.pdf

Definition of reparations

      Reparations include five key components: Cessation/Assurance of Non-Repetition,
      Restitution and Repatriation, Compensation, Satisfaction, and Rehabilitation. Reparations
      are a concept rooted in international law that involves specific forms of repair to specific
      individuals, groups of people, or nations for specific harms they have experienced in
      violation of their human rights. Therefore, reparations cannot be achieved simply through
      “acknowledgment or an apology” or “investment in underprivileged communities.”

a.        Use of narratives
b.        Redlining
c.        War on Drugs

Local Black-Led Organizations
The following are some local organizations that center and uplift the experiences of BIPOC
people in the Seattle area. While these organizations are not directly pushing for reparations from
the government, they offer examples of organizations that are practicing reparations frameworks
on a smaller scale. I believe they will have a lot to teach us about the needs/desires of the
community, what reparations should look like, and what should be included in the symposium.

                                                                                         Page 20 of 38
1) Black Farmers Collective (Cait)
The Black Farmers Collective is a “network of cutting edge black farmers and growers
throughout the Seattle area.” The following information is from their website:

WHO WE ARE

The Black Farmers Collective is a group of urban food system activists dedicated to providing
opportunities to improve the health of our communities through all aspects of the food system.
We are growers, sellers, preparers, educators and eaters. Our vision is based in the need for a
place for African American leadership on the land, the Kwanzaa principle of cooperative
economics, and the realization that mitigating the climate crisis requires action to support local
production, carbon sequestration, and natural habitat creation.

WHAT WE DO

The 4 acres out in Woodinville is the location of BFC's own teaching farm where new BIPOC
farmers can have access to land and start farming with as few barriers as possible. With
infrastructure such as a tractor, greenhouse, irrigation system, and more, we will be able to
provide a unique support system catered to their needs and to best facilitate learning on the farm.
We just signed this lease in June, and need the tractor as soon as possible to rid of weeds, spread
lime & compost to remediate the soil, and plant winter cover crops to get 25-50% of the land
ready for our first official season of the teaching farm in spring 2021!

FARMS
Yes Farm

At Yes Farm we are developing out 1.5 acres of space along I-5 at Yesler Terrace for community
building, educational programming, and growing our farm co-op. We have a community garden
where our neighbors live in Yesler Terrace garden inaccessible raised beds. Elders and youth and
their families all have an opportunity to grow their own food, be outside, and build community
with one another. We actively work with Yesler Terrace community partners to develop
educational programs for youth, share the stories and knowledge of our elders growing in the
garden, and share our greenspace with this diverse community. We also grow food and share
growing space with Black urban farmers from around Seattle, with all the produce going directly
to BIPOC-led and owned organizations, businesses, and mutual aid efforts to feed our
community and support economic development. We are modeling sustainable urban agriculture
centered around the needs of the communities of color whom are likely to experience the impacts
of health disparities as a result of food apartheid, redlining and grentrification, and systemic
oppression as a result of white supremacy. Access to greenspaces to recreate safely, knowledge
of growing food and food justice, and opportunities to connect and grow with communities are
key to generating healing.

Africatown Grow
Africatown Grow in Columbia City has a small garden space, chicken coop, and indoor facilities
including a kitchen all for community programming.

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Small Axe
In Woodinville at our new farm called Small Axe, we are kicking off a new program to develop
new BIPOC farmers by giving them land and access to many resources and a community of
BIPOC farmers to lean on for support.

You can visit their website at: https://www.blackfarmerscollective.com/

   2) Trans Women Of Color Solidarity Network (Cait)

This network is led by Trans people of color and advances the lives of Trans Women, Femmes,
Two-Spirit and people of color living in Washington State. The network practices mutual aid,
raising funds and re-distributing them to the community without any barriers that often face
people seeking to access funds through large nonprofits or government programs. They also host
events that center QTBIPOC people, including the event “Taking B(l)ack Pride.” At this event,
they asked white community members to pay on a sliding scale for entry and the event was free
for Black attendees, which was explained as a form of reparations.

From the TWOC Solidarity Network Fund Gofundme Page:

What the funds are for:
This fundraiser replenishes funds for the Trans Women of Color Solidarity Network in
Washington State. This network is led by Trans people of color and advances the lives of Trans
Women, Femmes, Two-Spirit and people of color living in Washington State by ensuring basic
needs are met.

Background / Call to Action:
"Trans women and femmes of color are still fighting for the same things as in 1969: freedom
from daily criminalization, police brutality, racist & anti-trans violence, discrimination in
employment, housing and healthcare...fighting for the right to live and flourish and bloom." -
Micah Bazant.

The TWOC Solidarity Network upholds the self-determination of Two-Spirit, Trans Women and
Femmes of color and creates opportunities to exercise collective and community care. The fund
is one element of how we are confronting the systematic economic disempowerment and
violence that Two-Spirit, Trans Women and Femmes of Color face in our region. We know
unrestricted financial resources can really make a difference and we believe that the resources
already exist in our community to support TWOC to survive and thrive.

Since we opened in the fall of 2018, we've distributed over $25,000 directly to TWOC in our
community. Our goal this week is to replenish the fund by reaching $40,000.

Why we’re launching on Trans Day of Remembrance:
We know Two-Spirit, Trans Women and Femmes of Color face horrifying levels of
criminalization, discrimination, and overt interpersonal and state violence all over the world.
While more attention is being paid to this dire reality— we are inviting our community to go
beyond the rhetoric of supporting TWOC to take real actions that alter the actual realities of our

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community members. This fundraiser offers an opportunity for those of us with financial
resources to spare to put our money where our mouths are! Let’s support living Two-Spirit,
Trans Women and Femmes of Color while also fighting like hell so we don’t have to keep
mourning the loss of trans lives (esp our Black and Indigenous community members).

How the funds are distributed:
Community members can contact the network via facebook or email ([email redacted]) with
requests for up to $250 per month. Our fund has been closed for a few months because we've
been trying to figure out a way to make the network more sustainable. We want to reopen the
fund in April, especially so we can support TWOC who are suffering due to the COVID-19
crisis. We are intentionally challenging gatekeeping models and will not ask for a justification as
to why someone is requesting funds because we trust people to know what they need. As such,
we will give money as requested until the fund needs to be replenished.

Long-term goals:
In the long-run, we want to set up a monthly giving project so the fund is sustained and readily
accessible as needs arise in community. We will also establish a housing network that will have
an organized list of rooms that are available when our community members are facing housing
instability. We will also provide opportunities ranging from community meals for 2STPOC to
dance parties for community to connect, support each other and build the network out. We will
also support anyone who is interested to host their own fundraisers for the fund on occasions like
birthdays, trans affirming surgeries, etc.

You can visit their facebook page at: https://www.facebook.com/TWOCSolidarityNW/
And their gofundme page at: https://www.gofundme.com/f/trans-women-of-color-solidarity-
network-fund

   3) Queer the Land (Cait)

From the “Who we Are” page on their website:
Queer The Land is a collaborative project grounded in the self-determination of queer,
transgender, and Two-Spirit Black/ indigenous/ people of color (QT2BIPOC) and the vision of
collectively owning our land and labor. Founded in Summer 2016 by two local QT2BIPOC
community-based organizations, Building Autonomy and Safety for Everybody and the Queer &
Trans Pan-African Exchange, we’re working to establish a cooperative network anchored by a
community center and transitional and semi-permanent housing that meets the needs of working-
class QT2BIPOC in the greater Seattle area. Our mission is to create a movement-building space
that can generate income and become a political hub for QTBIPOC and our community
organizing.

We’re seeking to fund the resources we need to create a QT2BIPOC-owned and operated
cooperative in one of Seattle’s historical communities of color to include transitional housing,
co-working space, venue space, communal space, and a community garden. We’ve been working
towards this since summer 2016, when a group of working-class QT2BIPOC community and
cultural organizers came together to brainstorm strategies to increase our communities’ housing

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stability, thus increasing our capacity to engage in critical movement-building work. Most of us
had been and continue to be directly impacted by displacement and gentrification in Seattle.

What emerged from our initial conversations was a desire to create our own solutions to the
housing crisis and other crises that disproportionately impact QT2BIPOC. The co-op we
envision won’t only provide housing, but also a safer space for QT2BIPOC to create alternatives
to the medical industrial complex, police and prisons, and more.

PROJECTS
Housing
Queer The Land, a collective project resisting displacement and gentrification, is celebrating the
acquisition of a 12 bedroom house on historic Beacon Hill, in Seattle. This unique project will
house a cooperative and community center by and for queer trans and 2spirit Black Indigenous
people of color (QT2BIPOC). The purchasing of this home is an organizing victory four and a
half years in the making, catalyzed by the labor of mostly Black and brown femmes committed
to creating a place where the QT2BIPOC community can see themselves in the future. Queer
The Land will be embarking on the next phase of this project, working to make this home fully
accessible and welcoming to all QT2BIPOC and people committed to our liberation.

Building Safety and Autonomy for Everyone (BASE)
BASE (Building Autonomy and Safety for Everybody) is a collective of QTBIPOC teaching
self-defense as a community-based strategy to defend our bodies, livelihood and communities as
inherent to self-determination. We want to create a space where survivors can build power to
transform systems that perpetuate violence as it is related to structures of power in our society.
The BASE curriculum comes from Home Alive and is informed by the anti-violence work of
API Chaya. The classes are designed for all genders and abilities that center survivors and people
with trauma. We will be offering these classes on a sliding scale basis to make it accessible to
poor and low-wealth queer and trans people of color.

You can visit their website at: https://queertheland.org/

   4) Black Prisoners Caucus (Cait)
From their website:

About Us

Who We Are
African American men incarcerated at the Washington State Reformatory in Monroe founded the
Black Prisoners’ Caucus (BPC) in 1972. The men organized Black Culture Workshops between
1969 and 1972.
These workshops laid the foundation for the development of BPC. The organization fosters
respect, responsibility, self worth and unity. The BPC stands as a testimony to the potential of
the African American community to create a healthier future for ourselves. In spite of the
challenges, the men of the BPC have kept the organization moving forward since 1972.
There are active chapters at the following Washington State correctional facilities:

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You can also read