The Clallam County Superior Court has issued EO2, which essentially reissues EO1 and extends courthouse access restrictions through May 4, 2020. This is in response the COVID-19 pandemic and an updated restrictive order by the Washington State Supreme Court. The full text of EO2, unsigned, is below. A signed copy may be found at http://www.clallam.net/superiorcourt/.

In addition to extending the access restrictions and trial cancellations to May 4, 2020, EO2 confirms that all settlement conferences are likewise cancelled, and may not be reset until the restrictions are lifted. All truancy matters are cancelled until September 15, 2020. Restrictions may be extended as needed.

SUPERIOR COURT OF Washington, COUNTY OF Clallam IN THE MATTER OF THE RESPONSE BY CLALLAM COUNTY SUPERIOR COURT TO THE PUBLIC HEALTH EMERGENCY IN WASHINGTON STATE

NO.                           EMERGENCY ORDER #2

            This matter comes before the Court on the public health emergency in Washington State.

1. With the following modifications, the court reissues its Emergency Order #1 dated March 17, 2020.  Those orders issued by the Washington State Governor and the Washington State Supreme Court since March 17, 2020 dealing with the public health emergency are specifically incorporated by this reference. 
2. General Provision:  The court reissues this portion of its Emergency Order #1 without changes. 
3. Case Specific Provisions:  The court reissues this portion of its Emergency Order #1 with the following changes:
   1. All provisions which referenced April 24, 2020 are amended to replace that date with the new date of May 4, 2020. 
   1. Settlement conferences will not be conducted by phone as set forth in Provision #15, but are cancelled until May 4, 2020.  Following May 4, 2020 parties may contact the Court Administrator to establish new settlement conference dates.
   1. Provision #19 regarding truancy is amended as follows: All truancy hearings are continued until September 15, 2020.   
4. If the State Supreme Court issues an order which further extends the terms of its April 13, 2020 order, the new dates established in that new order will automatically govern scheduling of applicable matters without the need of further order from the Clallam County Superior Court. 

DATED this _______ day of _____________, 2020.
BRENT BASDEN
J U D G E

Updated May 6, 2020. The Clallam County Superior Court will now allow bench trials (non-jury), but only if both parties to the case agree. Contact your attorney or the Court Clerk for details about this option.

Updated March 25, 2020. The Clallam County Superior Court has issued Emergency Order #1 (EO1) designed to reduce social contacts and the spread of the COVID-19 coronavirus. This order allows motions to be heard, but no personal appearances are allowed in court. Motions will be heard without oral argument, unless requested and granted. Virtually all trials, and all family law settlement conferences, scheduled in the next 1-2 months are cancelled (see details below). Any appearance for hearings by phone must be made by following the rules (below).

Superior Court Emergency Order #1 full order is available by visiting http://www.clallam.net/superiorcourt/.

Setting up phone appearances

Requests to appear by phone must comply with all of the following requirements:

• Made by email only to [email protected]
• Made before 8:00 a.m. the day of the hearing for morning hearings, or by 12:00 noon for afternoon hearings
• Subject line must state: Phone Appearance Request
• Include the case number
• Identify the date and time of the hearing
• Include the name of the person making the request
• Include a contact telephone number

Guidelines for phone requests:

• Land line’s are recommended and preferred but not required. If a phone connection is garbled the call will be terminated and the matter decided based upon materials previously and properly filed with the court.
• The Court will call the identified phone number only one time. If the phone is not answered the matter will be based upon materials previously and properly filed with the court.
• A person wishing to appear by phone must be available during the entire calendar schedule until their case is actually called. For example, most family law hearings are held on the Friday morning Family Law Calendar which is scheduled to occur from 9:00 a.m. to 12:00 noon, so a hearing may be called at any time between 9 and noon.
• The Court will initiate one call per party per hearing. In other words, the Court will not call an attorney at one number and the attorney’s client at a different number.
• Hearings with parties appearing by phone will be heard after cases where parties are personally appearing in the courtroom.

Pleadings may be delivered to the Superior Court Clerk’s office, or placed in the grey drop box in the driveway in front of the courthouse. Click here for rules on using the drop box.

EO1 Summary

Here is a summary of EO1 (please keep in mind EO1 was written with a 2-month perspective and may modified or extended). [Editor’s note: this is a summary. Anyone who wants to file a motion should read the full order (above) to make sure you understand the new rules correctly.]

(All amendments known to ClallamCountyBar.com will be applied to this post.)

EO1 is in effect until April 24, 2020 (unless extended)

EO1 supersedes any court rules which conflict.

EO1 may be amended.

Electronic service of court documents is strongly recommended, such as by email or fax.

Hearings for civil cases, including all family law hearings (but not trials):

• ALL hearings will be held without a live hearing. NO appearances in court will be allowed, except for restraining order cases.
• Oral argument for all hearings will be decided without oral argument, except for restraining order matters. Oral argument by phone may be requested in pleadings, but will only be scheduled if the judicial officer hearing the matter decides it is necessary. If you request to appear by phone, the court will notify you if your request is granted.
• ALL hearings will be decided by the Court after reviewing documents (pleadings) properly filed in the case, unless oral argument by phone is allowed as noted above.
• The Court may seek additional input when deciding hearings.
• Phone appearances must be requested as noted above.
• Pleadings may be filed by delivery to the grey courthouse drop box (in front driveway), if delivery rules are followed correctly. Delivery rules are listed at https://clallamcountybar.com/superior-court-clerk-drop-box-for-filing-covid-19/
• Bench copies may be delivered as usual or by placing them in the grey courthouse drop box, and following the drop box rules.

Civil ex parte:

Will presumably still be open and take place at 1:00 p.m. every weekday, but personal appearance is not required, except for restraining order cases in which personal appearance is recommended by phone only.

Restraining Order matters:

Properly file court documents with the Clerk (either in person at the window, by mail, or dropping documents in the grey courthouse dropbox in the front driveway before 12 noon).

Hearings will generally be held by phone only. Make the request to appear by phone, by email following the procedures listed above.

Hearings for criminal cases (everything except trials):

Will continue as normal. Defendants may obtain permission to appear by phone if they follow the procedures in EO1 to make the request, otherwise they must appear in person. Failure to appear will result in a bench warrant being issued, as usual.

Trials for civil cases:

All civil trials currently scheduled to occur between March 17, 2020 and May 15, 2020 are cancelled and must be rescheduled. Some exceptions may apply, as described in EO1
Qualifying cases may have a bench (non-jury) trial during the shut down period. See EO1 for details.

Trials for criminal and juvenile cases:

All adult criminal trials and juvenile offender fact findings are cancelled through April 24, 2020. Rescheduling procedures are described in EO1.
Trial dates must be rescheduled.
If trial dates are not rescheduled, defendants must personally appear on the currently scheduled trial date to reschedule a date. ALL DEFENDANTS PLEASE NOTE: failure to follow the new rules in EO1 will result in a bench warrant for your arrest. Contact your attorney or the court to make sure you understand your obligations.

Settlement conferences:

Will be held by phone only. All family law settlement conferences are cancelled.

Therapeutic courts:

Will continue with weekly sessions but there will be NO in person appearances. Contact team leaders to learn how to appear by phone and if that is necessary.

Involuntary Treatment Act hearings:

Will occur as usual, but parties may appear by phone.

Dependency matters:

Hearings: Appearances will still be required, but will presumably be primarily by phone. The exact procedures are listed in EO1 and may be changed. Check with your attorney.
Fact Finding hearings: people may need to physically appear in person. Check with your attorney.
Shelter Care hearings: phone appearances are preferred.

CHINS and At-Risk-Youth matters:

Will be heard by phone.

Truancy matters:

All truancy matters are continued until school reopens.

Child Support Review matters:

Will happen as scheduled, everyone must appear by phone.

EO1 was signed into effect on March 17, 2020 by Clallam County Superior Court Chief Judge Brent Basden. To see the state-wide order affecting court scheduling issued by the Washington State Supreme Court, click here. The state-wide order does not affect the procedures of EO1 (as of March 20, 2020).