November 2023 Legal Brief

5

THE LEGAL BRIEF

VOLUME 41, ISSUE 5

(Continued from Page 4) View from the Bench by Chief Judge Rebecca Glasgow

• Lack of affordable childcare limits the ability of low - income women to get to court, underscoring the need for flexible court schedules and online access to court. Caregiving also impacts the ability of women to serve on juries and results in women being excused for hardship more often than men. Women were more likely than men to say that in - court childcare program improved their access to the courts. Childcare centers connected to the courts could have a larger impact with increased capacity and outreach.

• Lack of court interpreters and lack of translated materials are particularly concerning for those seeking protection from domestic violence, including immigrant women and families.

• 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 justice system ’ s response to commercial sexual exploitation has greatly improved but still treats many in the sex industry, including exploited populations, as criminals.

• 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 in turn influence plea deals, affect charging decisions, and create 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.

• Black, Indigenous, and other women of color are underrepresented in Washington juries.

There were other findings that were surprising or alarming (at least to me), for example:

• 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.

• Black, Indigenous, and other women of color are convicted and sentenced at rates two to eight times higher than white women.

• A 2021 workplace survey of employees in Washington courts, superior court clerks ’ offices, and judicial branch agencies asking about instances of harassment in the prior 18 months, found that court/judicial branch agency employees reported workplace harassment at alarmingly high rates: 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%). More than half of all court/judicial branch agency employees statewide experienced harassment in the workplace in the 18 months before they answered the survey. • 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. In addition to sixteen chapters that engaged in deep analysis of topics related to these findings, the Commission adopted five overarching goals and dozens of specific recommendations that flowed from the study findings. The overarching goals include:

• Improving data collection so that we can have a more accurate picture of how gender and race affect outcomes in Washington courts.

(Continued on page 7)

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