Clark County Superior Court

BENCH/BAR COMMITTEE MEETING MINUTES

February 14, 2023

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) Jessi Anderson (jessi@ccvlp.org) Leslie Lopez (Leslie.Lopez@clark.wa.gov), Megan Harney, 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:

NEW BUSINESS:

Judge Fairgrieve: In criminal world: During the pandemic, out of custody pleas, were set up to work remotely, defendants and attorneys would appear remotely. Downside was that after sentencing there was no one there to go over Judgment and Sentencing with defendant, so defense bar brought this challenge for their clients to our attention. Judges (working in our small group) is addressed problem. Now, starting this week, criminal defendants (in superior court) with felony clients now need to be in- person, no remote participation with attorneys. Other issues related to remote hearings, not uncommon to have attorney (for defendant) for in another courtroom so still possible issue even without remote hearings, remote only hear ings same issue with district court. We could do it like before, have prisoners in jail and bring them to court; but shackling issue, etc. Putting together workgroup to iron-out, but have not yet met.

Collateral to that: need a broader conversation about remote hearings, what is appropriate? in-person of remote. Will be doing that in the context for criminal vs. civil because of different rights and rules, etc. We recognize remote hearings have been beneficial in some areas of law, like family law. Also, in the civil context so attorneys don’t need to travel from Seattle or Portland (save money for litigants). What is the best way to do the hearings will be focus.

Mock trial begins at 12:30 tomorrow. About 150 students so plan accordingly. 11 teams. Interesting facts in this case.

Megan Harney: Civil generalist – at NWJP. Nothing to add.

Dan Lloyd: Body cam project being rolled out this month. At the end of the month every officer will have it equipped and will go live.

Jessi Anderson: We had community partner reach out about patterns of pro tem judges on civil protection order dockets docket. Who would be a good channel to address concerns?

Judge Vanderwood, who is the broad supervisor, who works closely with Court Admin Ms. Stone and Judge Snider would be a good place to address concerning patterns of pro tem judges. We are limited in how much we can observe (when the pro tems are on the bench), so we want partners to approach us.

Retsinas –Most proper to contact PJ and APJ first before contacting pro tem judge directly. The pro tem judges have a mentor assigned to them to also help.

Leslie Lopez: Nothing today.

Judge Retsinas: Civil division continuing to work on formalizing ex parte plan, bin or drop box, to assist civil attorney with their filings. More details coming soon. Attorneys with minor settlement receipts, please set to my morning civil docket, not afternoon probate/guardianship docket.

Le Ann Larson: GR 40 Informal Family Law Trials (IFLT)– allows an informal trial as an alternative to a formal trial, if all parties consent and the court approves. There is a Family Law Informal Trial Selection form to request an informal trial. Supposed to file request at least 30 days before trial date. Family law judges will likely bring up this type of trial to parties. Attorneys should be aware of new rule effective 1/1/23.

Rachel Brooks: Nothing today.

Commissioner Sasser: I can always use a few more Mock Trial volunteers (tournament Weds and Thurs this week). Please email me if you are interested in volunteering. Barristers Ball is back—scheduled for March 11th at the AC Marriott on the waterfront. New family law schedule starts March 6th.

MEETING ADORNED 12:26 pm.

Respectfully Submitted,

Nicholas Alexander