2003 Annual Reports for Boards and Committees

COMMITTEE ON LEGAL ISSUES 2003 ANNUAL REPORT

MISSION

COLI is an ad hoc Committee that reports through the APA Board of Directors while maintaining a close working relationship with APA's General Counsel and related staff. The overarching mission of the Committee on Legal Issues is to provide and promote expertise on psycho-legal issues and trends.

MEMBERS

COLI consists of nine APA members with broad expertise and interests in psycho-legal issues. Membership on COLI is on a rotating basis, with members appointed for a three-year term. The members of COLI for 2003 included:

3rd Year Class: Eric Y. Drogin, JD, PhD; Elizabeth B. Stewart, PhD, JD; Mark J. Watt, PhD, JD
2nd Year Class: Natacha Blain, JD, PhD; Robert T. Kinscherff, JD, PhD; Sandra B. McPherson, PhD
1st Year Class: Julia M. Ramos-Grenier, PhD; Mark S. Small, PhD, JD; Richard L. Wiener, PhD, MLS

MEETINGS

The Committee met on March 28-30, 2003 at the Hyatt Regency Crystal City, VA, in conjunction with the APA Consolidated Meetings. Due to the cancellation of the Fall 2003 consolidated meeting, COLI convened via conference on October 31, 2003 to conduct its Fall 2003 business.

COLI Amicus Review :

COLI reviewed and issued recommendations to the Board of Directors concerning APA involvement as micus curiae in cases as follows:

I. Video Software Dealers Asso. et al. v. Washington (US District Court of Washington) – At issue in this case is a challenge to a Washington state statute criminalizing the sale of violent video games depicting harm to law enforcement officers to minors. APA was asked to file an amicus brief in the case providing research regarding the harm of violent media, and COLI reviewed the request and issued a recommendation to the Board that APA NOT join as an amicus in this case. COLI noted that, while there is a large body of strong research on the effects of violence in media on children, research on the effects of “violent video games” is still relatively new and small with inconsistencies and some major gaps in the research. Especially problematic is the lack of longitudinal studies coupled with a variety of methodological problems that demonstrate the need for additional research. COLI concluded that the research is not sufficiently strong to justify APA taking the one amicus brief allocated to the state. It was noted that if APA had the opportunity to file an amicus as a neutral party then the panel might have recommended APA involvement, however, no such option exists in this case. The state of Washington, which has supported the Washington statute aggressively to this point, will likely continue a very aggressive approach, and a moderate brief from APA could potentially serve to undercut the effectiveness of their position. There was a consensus that APA entry into a case addressing the effects of video violence at this time (10/03) is premature.

II. Grutter v. Bollinger and Gratz v. Bollinger (U.S. Supreme Court) -- t hese cases raise the issue of whether the U.S. Constitution permits the consideration of race and ethnicity in undergraduate and law school student admissions. Both the Law School and undergraduate liberal arts college at the University of Michigan consider race as a “plus factor” in admissions. COLI recommended to the Board of Directors that APA file as an amici and the Board concurred. APA filed a brief in 2/03 consistent with the Association policies contained in its Resolution on Affirmative Action and Equal Opportunity and other APA policies on ethnic minority retention. APA’s brief puts forward three sets of research findings in support of the University of Michigan's position. These findings are: 1) research shows that racial and ethnic discrimination and prejudice persist in American society; 2) research also shows that many people who believe themselves to be free of prejudice actually harbor attitudes that can lead to subtle discriminatory behaviors, and; 3) research shows that such underlying prejudice and stereotyping may be ameliorated through contact between students of different racial and ethnic backgrounds. Furthermore, the brief refutes criticisms of the Gurin Report; research that the court relied on in upholding the University's admissions policies. Additionally, APA's brief argues that diversity in higher education leads to cultural competence, which is critical to the psychology profession and to society at large.

III. Stogner v. California (U.S. Supreme Court) – this case involves the validity of a California statute that retroactively expanded the statute of limitations for certain sex offenses (i.e., the rape and molestation of children by adults). Based on COLI’s recommendation, the Board agreed that APA should file an amicus brief in 2/03 to demonstrate that the assumptions underlying the California statute are supported by scientific evidence. The brief addresses numerous scientific studies providing 1. research showing that the vast majority of child sexual abuse victims never disclose their abuse to anyone until they are adults, 2. research showing that sexual abuse frequently has harmful long-term consequences often lasting into adulthood, and 3. research showing that child molesters often remain a threat to children through most of their adult lives as there is a high rate of recidivism among those who sexually abuse children.

IV. Lawrence v. Texas (U.S. Supreme Court) – at issue in this case was whether a Texas statute that makes sodomy between same-sex couples a crime is constitutional. The issues before the Court involved whether there was a legitimate privacy right of homosexuals that was violated by the statute and whether there was a violation of equal protection principles because the law only addressed this conduct between same sex couples. The Board of Directors agreed with COLI’s recommendation for APA to submit an amicus brief arguing that the proscribed sexual conduct is a normal part of the intimate relations of Americans and that same-sex sexual conduct is an important part of long-term intimate relationships for many gay men and lesbians. APA’s brief filed in 1/03, represented an extension of its involvement as amici in earlier cases that challenge anti-sodomy statutes (including Bowers v. Hardwick, addressed by the US Supreme Court in 1986). The brief explains the nature of sexual orientation, noting that homosexuality is common, generally not chosen and is resistant to change, is not a disorder, and does not affect one's ability to contribute to society. The brief also argues that suppressing sexual intimacy among same-sex partners would deprive gay men and lesbians of the opportunity to participate in fundamental aspects of human experience. The brief further argues that anti-sodomy statutes like the Texas statute reinforce prejudice, discrimination, and violence against gay men and lesbians.

Amicus Procedures

One Organization-One-Brief --

COLI discussed and endorsed General Counsel’s proposal to amend the “Procedures for Submission of Amicus Curiae Briefs” to provide explicitly that where APA decides to file an amicus curiae brief, divisions or other APA-related entities may assist APA on the brief but may not file an independent brief in the same name. COLI also endorsed a proposed amendment to the Association Rules for clarification purposes.

Facilitating APA/ABA Relations --

COLI-sponsored two APA/ABA meetings (in March and November 2003) to address areas of psyc-law interest and expertise as well as to identify and advance APA/ABA collaborative projects. COLI, once again, acknowledged that the primary role of the APA/ABA Task Force/Subcommittee is to serve as a project facilitator, perform a brainstorming function, and implement and coordinate an APA/ABA interdisciplinary networking/clearinghouse. Some areas of collaboration during 2003 include, as follows:
• APA/ABA Special Issue of Law and Psychology Review proposal submitted and accepted
• APA/ABA Working Group on the Assessment of Capacity in Older Adults was established and two meetings were convened
• APA/ABA co-sponsored continuing education program in 10/03 in Chicago entitled, “Psychological and Other Expertise in Civil and Criminal Litigation”
• Three APA Representatives appointed to newly established ABA Task Force on Mental Illness and the Death Penalty
• APA Involvement in ABA Teen Dating Violence Initiative
• Agreement for APA/ABA Co-sponsorship of June 2004 National Conference on Children and the Law

Judicial Ambassadors Program --

This judicial outreach initiative provides forums for building more effective relationships between the psychological and judicial communities by (a) enhancing the relevance of psychological research on and for the courts, (b) increasing the visibility and use of psychological research among the Nation's courts, (c) facilitating the application of psychological theories and models in court‑related research, (d) increasing psychologists' understanding of court operations and practices, and (e) working with court officials to establish collaborative research and continuing education programs. The National Center for State Courts continues to serve as a liaison between the psychological and court communities, to identify possible opportunities for psychologists to participate in judicial activities and serve as a resource for identifying possible judicial participants for law-related psychological activities. A new COLI Subcommittee was established to address current proposals and develop effective implementation plans in an effort to properly utilize resources consistent with the stated goals of the program.

Convention Programming --

COLI joined with the Ethics Committee to co-sponsor a highly successful two-hour continuing education session during the 2003 convention in Toronto entitled, Relationship Between Ethics and Law: From a Practitioner’s Perspective. By use of selected vignettes, members of the Ethics Committee and COLI analyzed and discussed legal and ethical issues that arose in the vignettes, and discussed suggested solutions using law and the APA Code of Ethics. COLI also sponsored a session, Update on APA Amicus Involvement, involving APA General Counsel and the COLI Chair as participants to address APA’s amicus review process as well as provide a summary review of APA’s historical and recent case involvement.

COLI Involvement in Ethics Issues --

COLI has, since its establishment, been closely involved in providing consultation to the Ethics Office and the Ethics Code Revision Task Force and will continue to provide consultation on issues that intersect law and ethics. COLI and the Ethics Committee are also continuing to explore areas for collaboration in educating psychologists on psycho/legal/ethical delimmas.

APA Guidelines Activities ---

COLI is among the APA governance groups who are carefully considering APA's guideline and policy development activities, particularly in light of COLI's role in reviewing guidelines.

COLI Reviewed and Provided Comments on APA Statements/Guidelines/Proposed Policies and other issues, as follows :

• Presidential Task Force on APA Governance
• Division 14’s Principles for the Validation and Use of Personnel Selection Procedures
• Developing and Evaluating Standards and Guidelines Related to Education and Training in Psychology: Context, Procedures, and Criteria
• Comprehensive Principles for Health Services Specialization in Professional Psychology
• Report of the Early Mental Health Interventions Working Group titled, Addressing Missed Opportunities for Early Mental Health Intervention: Current Knowledge and Policy Implications
• Resolution on Children's Mental Health
• Resolution on Harm Reduction Strategies for Prevention of HIV Infection Among Injection Drug User
• Final Draft of the CEMRRAT2 TGIWG Report
• Resolution on Outpatient Civil Commitment
• Changes in Association Rules Regarding the Promulgation of Guidelines
• Disclaimer for Guidelines Documents
• Guidelines for Psychological Practice with Older Adults
• APA Ban on Department of Defense Advertising in APA Publications
• Resolution on Culture and Gender Awareness in International Psychology
• Report of APA Task Force on Advertising and Children
• Proposed Revision of CE Sponsor Approval System Criteria
• Proposed Resolution on Families of Incarcerated Offenders
• APA Endorsement of Children’s Products