John Adams (Commission member, President-Elect-Utah State Bar) gave a PowerPoint presentation describing the Bar and its Task Force implementation process. The PowerPoint is attached to your emailed draft of the minutes. One handout was distributed: one side is a draft document to notify defendants of the consequences of a guilty plea, the other side is a draft document of a defendant's right to an interpreter.

Guests also present to answer questions:

John Baldwin, Executive Director-Utah State Bar

Marlene Gonzales-Past President of the Utah Minority Bar Association;

Ex-Officio member of the Bar Commission

Noted from the PowerPoint presentation:

• The Bar has mandated membership, there are 7,566 total licensed lawyers. Gender disparities are decreasing, where the gender breakdown at the UofU is now 50/50 if not women comprising the majority. Please see the PowerPoint for further demographic breakdowns.

• On the racial/ethnic statistical breakdown, "African Americans" are listed twice. The first line should read "Hispanic 88".

• Charles Stewart-Bar Staff, assisted with the presentation. The Bar Staff consists of twenty-nine employees. Twenty-two (76%) are women and three (10%) are people of color.

• The Utah State Bar's Admission Committee is half-way through its process. It has identified the need for an outside consultant and this is being explored at this point.

• Rec #9: The Utah Minority Bar provides two scholarships, $1,000 each, to one UofU and one BYU law student.

• Much discussion surrounded the recommendation to fully inform defendants of the consequences of a guilty plea and the possibility of deportation. Two suggestions for action were made:
  • This Commission could take a stand, in writing, encouraging a change of Rule 11
    (this would make the judge responsible for explaining the potential consequences of a guilty plea under the circumstances)

  • Make a video of the options and consequences to be shown with the other video on rights, in the courtroom

A subcommittee was formed to look closer at this issue surrounding deportation:

Marlene Gonzales, Keith Hamilton, John Hill, and Brent Johnson

Kal Farr (Commission member, Executive Director-Utah Chiefs of Police Association) gave a PowerPoint presentation describing the Bar and its Task Force implementation process. The PowerPoint is attached to your emailed draft of the minutes. Two documents were distributed, one is a summary of the community survey to help prioritize the Chiefs' implementation efforts, the other is the recommended racial profiling policy that each Chief was asked to adopt.

Noted from this presentation:

• It was suggested that police departments capitalize on the Ride-Along programs, so that the public can have a first-hand experience of an officer's challenging job. The Citizen Academies were also identified. Furthermore, it was suggested that community leaders, particularly leaders in the communities of color, participate in these programs.

• The surveys, both the Chiefs Survey and the Community Survey, should not be considered representative of their entire populations. They may be reflective, however.

• From discussion, it was suggested that a representative of this Commission speak to the Legislature in support of racial data collection and having a racial profiling policy.

• Discussion also surrounded the changes to House Bill 101: the racial data will be solely on the application for the license, not the actual driver's license. Some concern was expressed with who may see the actual license (eg. potential employers) and the possibility of discrimination stemming from racial identification on the license. HB101 will also require that the officer state why they made the stop, whereas they do not have to presently.

• In response to this, it was suggested:
  • Progress report on this bill should be given to Commission members

  • Track this bill and ensure that Commission member(s) be there to support it

  Kal Farr suggested that Commission members track the progress through the internet. You can do so at: http://le.utah.gov/~2002/htmdoc/hbillhtm/HB0101.htm He also asked that you contact your legislators. In addition, Kal Farr or Ed McConkie will notify the Commission members through Sandra Kinoshita, of when the hearings will be.

  Regarding the surveys, Kal will also present this information at the EDI conference in St. George in March.

  There was a motion on the floor for "The Commission on Racial and Ethnic Fairness in the Criminal and Juvenile Justice System to support House Bill 101 by Representative Bourdeaux". This passed with unanimous support. This has also been supported/endorsed by numerous other committees.

  It was further discussed that law enforcement officers and stakeholders will respond to mandates and laws, if changes are to take place.

The second draft of the Mission Statement was included in your meeting materials. To allow you to compare, the first draft is on one side, the second draft on the other. Please review this document for the next meeting. Thank you to the second Mission Statement Subcommittee (Haruko Moriyasu, Joan Smith, and Carolina Webber). Email any responses, suggestions, changes to Sandra Kinoshita.

The Commission voted in favor of having a webpage, per the suggestion at the November Commission meeting. It will be housed by the Courts' website and will include: Commission members (with agency links), the Mission Statement (when complete), and the approved minutes to the Commission meetings. We will also leave the links to the Task Force Final Report and the Subcommittee Reports, so visitors will still have access to the background/historical information.

In your meeting materials, Haruko Moriyasu submitted an article your interest: "Citizens Panel Calls for Scrutiny of DC Police Stops".

• There being no further business to discuss, the meeting adjourned at 1:00 p.m.

• Special thank you to Kal Farr, John Adams, John Baldwin, and Marlene Gonzales for their hospitality and informative presentations.

• THERE WILL BE NO COMMISSION MEETING IN FEBRUARY due to the Olympics.

• NEXT MEETING - WEDNESDAY, MARCH 27, 2002:

• at the Matheson Courthouse from 11:30am - 1:00pm. The Courts will present their implementation efforts and Commission business will be discussed. Lunch will be provided, compliments of the Courts.