Clark County Superior Court

BENCH/BAR COMMITTEE MEETING MINUTES

January 10, 2022

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Leann Larson (LeAnn. Larson@clark.wa.gov) Rachel brooks (rachel@guardianship-law.com) Dan Lloyd (Dan.Lloyd@cityofvancouver.us) Rachel Rodgers (Rachael.Rogers@clark.wa.gov) Jessi Anderson (jessi@ccvlp.org) Curtis Welch (cwelch@sussmanshank.com) Leslie Lopez (Leslie.Lopez@clark.wa.gov) Jeff Keddie (jeffreyk@nwjustice. org) Judge Fairgrieve (John.Fairgrieve@clark.wa.gov) and Judge Retsinas (nancy.retsinas@clark.wa.gov)

If you have matters that you would like to bring to the attention of the Bench/Bar, you are welcome to contact the abovementioned members of the committee.

OLD BUSINESS:

No old business to report.

NEW BUSINESS:

Judge Fairgrieve: Superior Court fully into organization structure changes. Now two elected officers, three divisions, with each having a chief (presiding) judge. Criminal: Chief is Judge Fairgrieve, with Judge Clark, Judge Lewis, Judge Gregerson, and Judge Snider also assigned to the criminal division. Civil: Chief is Judge Retsinas, with Judge Sheldrick and Judge Vanderwood also assigned to the civil division. Family law: Chief is Judge Gonzalez, with Judge Banfield, Judge Cornell, Commissioner Ellis, Commissioner Sasser, and Commissioner Hayes also assigned to the family division. We’ve accepted many of the process and procedure recommendations from the consultant. Among them: https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines (When the federal poverty guideline is published for 2023, to calculate the WA Self Support Reserve (SSR), multiply the poverty guideline for 1 person by 125% and then divide by 12 months.)

We created an Administrative Leadership Team (ALT) consisting of Judge Snider, Vander wood, Cheryl Stone, and Chris Simonsmeier, who meet on a weekly basis.

We created an Executive Leadership Team (ELT) consisting of the ALT members and the Chiefs of the three divisions, who meet once a month and make recommendations, re search issues, and advise the ALT.

All judicial officers meet en banc (11 judges and four court commissioners) once a month (instead of every-other week).

There is still work to do to develop standards about scope of decision making and types of decisions made by each.

Three divisions will work primarily within their area of law for process and decisions. This new arrangement will keep judges focused on their area of law.

In criminal world the consultants recommended changes to docket system. We are con tinuing forward with current structure until April. Changes include 1st appearance in afternoon, but also changes in terms of dockets and when they occur.

Anna Klein: PTMC for staffing on 1st appearance question – is the assigned attorney needed, or can we send a proxy?

Fairgrieve: will follow up with other judges.

Judge Fairgrieve Continued: Fasttrack case resolution process: Intended for cases that require minimal work to move matters forward. Goal is to resolve before trial setting, which happens at arraignment, no more than 14 days after the preliminary appearance. Some issues are 14 days is not long enough to get discovery and discuss offer with client. Criminal rules say 14 days need to have an arraignment etc., to make this happen defendants need to waive speedy arraignment.

Anna Klein: Prosecutor’s Office (“PO”) is rolling new policy February 1st for defense interviews. Number of requests means we cannot effectively set them up. Lack of interview causes cases to drag on and PO wants to not be the middle man. Defense can now reach out to witness directly. We worked with LEO to ensure they are comfortable. So far, they have been receptive. Will help with expediting cases.

Rachel Brooks: We are soon having annual meeting for guardianship and elder law section. You can reach out Rachel personally.

Le Ann Larson: Fed Govt will update the poverty guidelines; look for that January 16 -20th to be updated. Probably won't often affect standard calculations due to the high min wage here in Washington.

Also, there is now a pattern form for 3 parent worksheets. It is on the WA Courts pattern form website.

Leslie Lopez: Nothing today.

Judge Retsinas: Ex Parte management update. In the next weeks you can expect changes. I am available for questions. Hopefully will reduce lines and make things easier. Updates will be shared soon.

Dan Lloyd: for Comm Sasser: AOC sent out updates on contested protection orders, important to use new forms! Check their website. https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=142

Curtis Welch: Update on mock trial – district tournament next month. 11 total teams. Practicing and will head to Seattle to scrimmage against Seattle schools.

Jessi Anderson: CCVLP now doing in-person guardianship clinics Friday morning. You can send people straight here. Also working with Pasitos Gigantes. To work with guardianship and related issues. Offered in English and Spanish.

Question: Concerns about civil protection order docket locations; do they move on a rotation that is predictable or not? How can we tell pro se what courtroom to go?

Protection orders rotate depending on court availability. Assignment that gets made late in the day prior to hearing. Published in elevator.

Dan Lloyd: https://www2.clark.wa.gov/files/dept/superior-court/dockets/supcrtsch.html - This link is usually updated the night before.

Jeffrey Keddie: Nothing to add.

Commissioner Sasser: YLS CLE on 1/18 (noon hour)

Inns of Court on 1/18

Mock trial is coming! Raters can email me to sign up.

New family law calendar/schedule rolling out on 3/6 for all family law judges and commissioners

New family law ex parte process—email me for more info

MEETING ADORNED 12:42 pm.

Respectfully Submitted,

Nicholas Alexander