WASHINGTON

ASSOCIATION OF

PROSECUTING ATTORNEYS

WAPA WINTER MEMBERSHIP MINUTES

DECEMBER 10, 2009
SEATTLE, WASHINGTON

President Banks convened the meeting at 8:30 AM. Present were: Hagarty, Nagle, Clem, Riesen, Kelly,
Lee, Hauge, Miller, Banks P., Culwell, Metzger, Burleson, Tracy, Dalzell, Holm, Satterberg, Mcliachran,
Curtis, Banks G., Baur, Lowe, Burke, Bigelow, Gaylord, Lindquist, Weyrich, O’Neill, Lane··Governor’s
Office, Durkan-USA W.W a., Weinmann—AAG, Moran-AAG, Sullivan—AUSA, Blonien-DOC, McBride,
lsham, Haslett-Kern, and Loginsky.

lntroductions were made around the table. Jenny Durkan, US Attorney for Western Washington, spoke to
her commitment to keeping the federal—local communication open. She did not announce any immediate
policy direction changes, butcommitted her office to continuing successful partnering on prosecuting
felons possessing firearms. She spoke to not targeting patients under the state medical marijuana laws,
but that large grows and distribution networks would continue to be pursued by the office. She mentioned
Doug (Whalley-sp?) as a resource on Title III wiretap authority and cellular tower tracking information
for cellular telephones.

The First Item of Business was a review ofthe Board Meeting. Greg Banks described the 2010 adopted
budget as no salary increases and leaving a position unfilled —- consistent with what many counties are
doing. He also encouraged attendance at the January 20, 2010 meeting with the Supreme Court Justices.

The Second item of Business was a discussion of open courts and jury selection post the Stroud/Momah
cases. Appellate Committee Co-chairs Miller and Mciiachran advised prosecutors to communicate
expectations to DPAs, who are often put into tough positions by the trial courts. The Membership
approved a letter on this issue to be sent to the SCJA and the DMCJA. individual prosecutors will handle
communication with their respective courts.

The Third Item of Business was discussion of several legislator proposals: The membership approved the
concept of eliminating voluntary intoxication as a consideration in criminal charge mental states, but felt
the proposed language needed refinement. The membership discussed a proposed court rule to eliminate
bail forfeiture as termination of a criminal case. The membership voted to support this proposal, with 3
votes in opposition. The membership voted to support Satterberg’s proposal to adopt a review board f or
NG] releases similar to Oregon’s. The Board would focus on public safety first, and would include
resources to supervise medication and community behavior. The membership wanted language included
to insure that local courts could order warrants and immediate detention in dangerous situations; that a
common instrument to decide competency be implemented across state evaluators; and that interstate ~
transfers be considered. The membership supported law enforcement’s request that the constitution be
amended to allow no bail in broader circumstances. The membership reserved judgment on a proposal to
limit access to non—conviction data. Non conviction data needs to be defined more clearly. The
membership voted to support eliminating the redundant prosecutor reports under RCW 36.27. The
membership voted to support an amendment to rendering criminal assistance, to