Minority Services Committee Quarterly Meeting
June 9, 2004
MINUTES
Present: Oudy Acosta Perez/Kitsap County District Court Probation; Kathy Bradley/Suquamish Tribal Representative; Chris Case/Kitsap County Superior Court; Joyce E. S. Figueroa de Raschke/Kitsap County District Court Probation; Jill Fijolek/Kitsap County Sheriff's Department; Kenn Johnson/Suquamish Police Department; Emily Mansfield; Pete Matt/Port Gamble Police Department; Donna Mc Namara/Suquamish Tribal Prosecutor; and Candi Ives-Seachord/S'Klallam Tribal Representative.
Not present: Debbie Brockman; Michelle Brown; Susan Dewees; David Lewis; Ruth Loihle; Benny Myers; Kelly Pelland; and John Wise.
Meeting Called To Order by Oudy Acosta Perez and Joyce Figueroa de Raschke @ 10:20 AM.
Summary of Topics Discussed
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· Oudy Acosta Perez stated that today's topics were about helping tribes meet Superior Court requirements. She further stated that tribal police officers were concerned that orders are not being enforced.
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· Oudy Acosta Perez said that the more information that is shared then the better law enforcement will be able to serve our community.
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· Jill Fijolek stated that the victim's information sheet that law enforcement gathers stays in the Kitsap County Sheriff's Department office, and goes no further.
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· Chris Case said that she gets the additional information from the victims to complete the forms.
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· Jill Fijolek stated that it would be beneficial to add the victim's address and telephone number to the form in case an officer needs to reach the victim. The victims information is confidential, and will not be released to any one.
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· Jill Fijolek said that orders without "Proof Of Return Of Service" or DOB on both parties, cannot be considered a violation - K.C.S.O. needs to have the signed "Return Of Service" form in order to input into WASIC/NCIC computer system. All domestic violence orders, both temporary and permanent must have the "Return Of Service" forms filed. Also the Tribal Court orders fall under the Full Faith Credit Act, and law enforcement will act on it (if the orders are entered into the WASIC/NCIC computer system).
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· Oudy Acosta Perez said that the new "Return of Service" form is user friendly, and that they now include the Tribal Court's addresses on them.
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· Jill Fijolek stated that the order needs to be "personally" served to the defendant, or when involving a minor child to both the minor child and their parent(s).
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· Oudy Acosta Perez stated that the Child Custody area on the orders needs the corrected Tribal codes.
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· Donna Mc Namara stated that if a non-tribal parent goes into Court that they need to have the tribal child custody form.
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· Donna Mc Namara reiterated that the form needs to be changed to tribal child custody codes. Oudy Acosta Perez stated that the "Child Jurisdiction" form is not ready for approval.
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· Jill Fijolek said that there are other types of orders, such as "Petitions" and "Order Surrendering Weapons".
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· Chris Case said that "Dispute Resolution", and "Petition And Order Surrendering Weapons".
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· Jill Fijolek stated that Kitsap County Sheriff's Department will honor Foreign Orders as per the Full Faith Credit Act.
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· Oudy Acosta Perez said that "no contact" means "no contact"; judge to have hearings on Tuesdays @ 1:30 PM in Room #206. Pro-Tempore Judges or Court Commissioners are not allowed to lift "No Contact Orders".
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· Donna Mc Namara stated that the "Temporary Protection Order" form should not be approved until Tribal codes are added.
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· Chris Case stated that the forms need to be (2) two to (3) three inches from the top in order to be able to stamp them.
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· Oudy Acosta Perez stated that she will get the Dispute Resolution brochures, and get both Donna Mc Namara and Candi Ives-Seachord some pamphlets.
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· Jill Fijolek said that if the Respondent is out of area then the Petitioner needs to make arrangements for the "Return Of Service" proof. This is only available for Petitioners over (18) eighteen years old. She also stated that a Writ of Habieous Corpus will not allow law enforcement to take the child/children from (1) one parent and give them to the other.
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· Oudy Acosta Perez asked if Tribal law enforcement will assist in obtaining the vehicle from the perpetrator to give to the victim. Kenn Johnson stated that his department will do a civil standby only if there is no arguing. Jill Fijolek stated that her department will only do (1) one civil standby, and that it is a (1) one time thing.
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· Oudy Acosta Perez reported that the packet filed with Kitsap County Superior Court has to match Tribal Court packet. Filing the petition with Kitsap County Superior Court does not change jurisdiction. It only allows Kitsap County Superior Court to issue a case number in order for K.C.S.O. to enter it into the WASIC/NCIC computer system.
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· Chris Case stated that Kitsap County Superior Court will assign a case number to the Tribal orders, and that these then becomes public record.
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· Oudy Acosta Perez stated that it is (2) two or more years before the domestic violence perpetrators can request to get their weapon rights reinstated.
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· Jill Fijolek stated that "Motions To Modify" or any type of changes need to have a "Return Of Service" form.
Decisions Reached