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(Note:  Doug completed this in August 2000 while then a state supreme court candidate.)

WASHINGTON STATE WOMEN’S POLITICAL CAUCUS
2000 JUDICIAL ENDORSEMENT QUESTIONNAIRE

Name:  Doug Schafer
Office Sought (Include position #):  State Supreme Court, Position 2 [in 2000, Pos. 4 in 2002]
Campaign Address:  [Election 2000 campaign information is deleted. 7/26/02]
Contact Name/Title:  Doug Schafer, Candidate
Tel/Fax/Email #s:  253-383-2167 / 253-572-7220 / doug@doug4justice.org
Incumbent in position (if any):  Justice Richard P. Guy is retiring.

Please use another sheet of paper to continue your response to any of the following questions.
Please respond to the questions in terms of the judicial position you are seeking.

1. Current employment or activities.

Self-employed lawyer in the private practice of law as:
Schafer Law Firm
950 Pacific Ave., Suite 1050
P.O. Box 1134
Tacoma, WA 98401-1134

2. Personal background and experience (Please attach resume and any campaign materials.)

a. What do you consider to be your most significant accomplishments or contributions to your community?

Strong guardianship reforms in Pierce County and statewide. They include greater recognition of effective alternatives, and result from my highly vocal protesting of the overwhelming number of abuses I observed beginning in early 1995. Because I was a leading proponent of legislation enacted in 1996 to address these problems, I have chosen to remain somewhat of a watchdog as well as facilitator (e.g., state certification of professional guardians).

Another accomplishment on which I pride myself has been raising general awareness of assorted weaknesses in our systems for investigating and disciplining misconduct by lawyers and judges. That these deficiencies had reached an intolerable level was evidenced by the totally inadequate responses in the case of former Pierce County Superior Court Judge Grant L. Anderson by the Washington State Bar Association and the Washington Commission on Judicial Conduct (CJC). I reported Anderson in February 1996, and the state supreme court removed him in September 1999, rejecting the lenient sanction recommended by the CJC. Though the Bar in 1996 had declared there to have been no misconduct by Anderson, his cumulative acts ultimately and predictably erupted in shocking scandal.

b. How have you promoted the goals that would ensure the economic, political and social equality of women?

I've seldom had opportunity for activism in gender equity issues. I am, and shall remain, in complete accord with the full spectrum as typified by ERA: zero tolerance for violence against women; an even-handed approach to marriage dissolution and child custody; equal pay for comparable work; shattering of the glass ceiling, i.e., absolute economic, political and social equality.

c. What have you done to further the economic, political, and social equality of women?

I have expressed support for fundamental equality in all of life's aspects. I have actively shared my beliefs whenever an opportunity afforded itself, particularly in reaching out to the boys and young men whom I have coached and mentored, not the least of these, my own three sons.

d. Since assuming the bench, what have you done to provide a role model for other women aspiring to a career in the judiciary?

Not applicable.

e. Since assuming the bench, what have you done to advance the professional aspirations of the women in your judicial office?

Not applicable.

The Washington State Women’s Political Caucus acknowledge the constraints placed upon candidates by the Canons of Judicial Conduct. Please answer questions as they relate to activities and opinions prior to your seeking or holding judicial office. Where applicable, please also respond as a candidate or incumbent judge.

f. Why do you seek elective office? What are your top priorities as an elected judicial official?

One of my primary reasons for seeking a position on the supreme court is to focus more attention upon raising the ethical standards of lawyers and, to some extent, of judges. I have grown weary of the volume and tone of lawyer jokes, but I feel that many such jokes result from well-founded societal concerns about lawyers’ behavior. My own experiences have caused me believe many lawyers and judges are unwilling to report misconduct by other legal professionals. It is my considered opinion that tolerating peer misconduct is abetting in the peer misconduct.

I believe that the supreme court fails to provide sufficient support for the mission of the Commission on Judicial Conduct. I would like to change that attitude, for its mission is essential to maintaining public confidence in the judiciary.

g. What do you consider your areas of special interest?

I am especially interested in lawyer and judicial ethics and discipline. I am also keenly interested in improving the administration of the justice system to better serve the public. I am interested in protecting individual rights and in respecting the laws enacted by the legislature and the electorate, if not violative of individual rights.

3. Campaign

a. How have you involved women in your campaign? What positions in your campaign are held by women? Please list all campaign positions by title and salary.

To date, I have no traditional campaign. I have relied solely on my website (www.doug4justice.org) and media coverage of my professional activities. I seek advice from a client, Nancy Cummings, who has become a friend and advisor to me. My treasurer is a lifelong friend who lives near me, Bob Anderson. Another friend, Shawn Newman, a lawyer active in CLEAN (Citizens for Leaders with Ethics and Accountability Now), sometimes advises me.

b. What is your campaign budget? How much have you raised at this time?

I have no campaign budget. To date, without any fundraising organization or effort I have received $725 in campaign contributions from supporters who have read about my campaign.

c. What endorsements have you received at this time?

I am not aware of any endorsements at this time. This is my third questionnaire for an endorsing organization. The first two questionnaires, from Women in Unity and NARAL, and my answers are posted on my website (www.doug4justice.org). I have not yet heard back from those two groups. [NARAL did endorse Doug in his 2000 election campaign. Webmaster.]

4. Equal Rights Amendment

a. Do you support the following unamended language: Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex?

Yes.

b. What have you done to further the goals of the ERA?

Nothing but conduct myself consistent with those goals. I am not aware that there presently is gender inequality in the application of federal and state laws.

5. Abortion/Reproductive Freedom. What is your view of the right to privacy, and in what way does the State Constitution address this issue? How does this relate to reproductive freedom?

I have always supported personal privacy, including privacy concerning sexuality and reproduction. I think it would be unwise for me to state my opinion about the Washington State Constitution’s application to any particular issue such as this. I note that the Washington State Supreme Court has recognized personal privacy rights as arising from the State Constitution in several cases: State v. Koome, 84 Wn.2d 901, 904 (1975)(abortion); In re Colyer, 99 Wn.2d 114, 120 (1983)(right to die); and In re Grant, 109 Wn.2d 545, fn. 1 (1987)(right to die). Please see my responses to the questionnaire by NARAL, posted on my website: www.doug4justice.org.

6. Child Support. What mechanisms are available to you as a judge to enforce orders requiring payment of child support?

As a state supreme court justice, I doubt that such an issue would come before me. I am aware only generally of judges’ contempt of court powers to enforce compliance with their orders.

7. Child Custody. Under current law, the court has some latitude in child custody decisions. What are the current child custody issues, and what are your views relating to them?

I am not yet aware of each and every current child custody issue. I have so far just skimmed the recent Washington State Parenting Act Study (Dr. Lye, 1999). A problem that may have been adequately addressed by the implementation of 1996 legislation was the training and qualification of guardians ad litem and parenting investigators. Another issue on which I have read is the tendency of trial judges to give too much deference to recommendations by a parent’s "experts" or investigators in child custody cases. In my view, judges should be making their own deliberative decisions.

8. Discrimination in Employment.

a. What patterns of discrimination against women have you observed in your career in the law? How can you address these issues in this judicial position?

I understand that law firms historically have denied partnership track status, and partnership offers, to women lawyers needing accommodations for child bearing and parental responsibilities. A judge is precluded from addressing discrimination issues except through case opinions and through the administration of the judicial system. I can assist in efforts to eliminate any discrimination in the judicial system.

I very occasionally have heard a degrading comment toward or about a woman lawyer, and more frequently about women office workers (e.g., "his girls"). It is my absolute conviction that any person making such a comment should immediately be taken to task by any listener with authority to do so.

b. What are the current employment discrimination issues, and what are your views relating to them?

I am aware from general reading that employment discrimination on prohibited grounds does still exist in some organizations. Since it has been against the law for as long as I can recall, each instance of it should be challenged using the legal process.

As referenced above, I understand that equal pay/comparable worth is a current issue. I support the goal, and I presume it is best achieved through the political process (in government employment) and through free market or organized labor forces (in private employment).

Other important employment law issues are compliance with the Americans With Disabilities Act and the maintenance of non-hostile working environments, both of which I strongly support.

9. Women, Families and Violence.

a. Define violence against women.

I believe speakers primarily use "violence against women" when referring to physical battery or intimidation against a woman by her husband, boyfriend, or possibly a family member.

b. What role does the court play in the enforcement of current domestic violence statutes?

I am not yet fully familiar with the ways in which the courts assist in enforcing domestic violence statutes. I am aware of anti-harassment orders, no-contact orders, and contempt powers, all of which should be employed. Courts can also strongly enforce anti-stalking laws and educate domestic violence victims about the Address Confidentiality Program administered by the Secretary of State’s Office.

10. Caucus Endorsement. Why do you seek endorsement from the Washington State Women’s Political Caucus?

I believe I can make valuable contributions to the state supreme court, including contributions consistent with my views on gender equality in all aspects of life.

The Women's Political Caucus wields significant influence among voters. Its endorsement would help me achieve our mutual objectives.

I have read and understand the above questions, and I agree with the stated answers to those questions.
 

Signature___/s/ Doug Schafer________________________Date___Aug. 5, 2000_____

Please return this completed form to: [address of WSWPA Endorsement Chair]


WSWPC 2000 Judicial Endorsement Questionnaire Addendum

Name: Doug Schafer
Office Sought: Washington State Supreme Court, Position 2 [in 2000, Pos. 4 in 2002]

In light of Canon 7, your responses may relate to your position taken prior to becoming a member of the judiciary.

Candidate Doug Schafer’s Introductory Statement:

            Judicial candidates must avoid making express or implied promises to rule particular ways on particular issues if elected. Please do not misunderstand anything I say as intending such a promise. I will, if elected, fulfill my duty to be impartial and to follow the law regardless of my personal views, after considering all arguments properly presented to me. That said, having carefully studied the recent Washington State Supreme Court ruling recognizing the free speech rights of judicial candidates, Discipline of Sanders, 135 Wn.2d 175 (1998), I am prepared to express my views on various political issues, as I do below.

1.   Federal Equal Rights Amendment   Do you support the following amendment language: Equality under the law shall not be denied or abridged by the United States or by any State on account of sex?

_X_ Yes ___ No
2.   Reproductive Freedom   Do you support a woman’s right to choose an abortion?
_X_ Yes ___ No
          I will continue to support the law as interpreted by the US Supreme Court.

3.   Childcare Do you support the concept of publicly and private funded childcare programs?

_X_ Yes ___ No
4.   Comparable Worth   Do you support pay equity and comparable worth?
_X_ Yes ___ No
I have read and understand the above questions and I agree with the responses given. I wish to be endorsed by the Washington State Women’s Political Caucus.
 

Signed____/s/ Doug Schafer_____________________________Date___Aug. 5, 2000___

Please mail to: [address of WSWPA Endorsement Chair]

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