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Simon Barnhart appointed Superior Court Judge

Gov. Jay Inslee appointed Simon Barnhart today, May 7, 2020, to the Clallam County Superior Court. He replaces Judge Brian Coughenour, who is retiring in June.

Barnhart currently works as the general counsel for the PUD No. 1 of Clallam County, a role he has held since November 2018. Before that, for several months, he advised the Port of Port Angeles as general counsel. And from 2003 to 2018, Barnhart maintained a practice with the Platt Irwin Law Firm, taking on an array of civil and criminal matters.

In the community, Barnhart served a term as the Clallam County Bar Association President in 2012, and he was a member of the Clallam/Jefferson Pro Bono Lawyers Association from 2006 to 2013, including two terms as president in 2008 and 2012. Barnhart was also elected the board president of the United Way of Clallam County for 2009-2010.

“Simon has a breadth of legal experience, particularly on the civil side, both as a litigator and advisor,” Inslee said. “His experience and community involvement have prepared him well to take this next step onto the bench.”

Barnhart earned his law degree from the University of Washington School of Law, and he earned his bachelor’s from the University of Washington. He is a graduate of Port Angeles High School.

UPDATED: COVID-19 and Clallam District Court I changes

Updated 5/3/2020: Administrative Order 4 is the most recent Clallam County District Court 4 order relating to the COVID-19 pandemic. the AO4 PDF is below.

SUPERSEDED: The emergency order described in this post has been superseded by an emergency order from the Washington State Supreme Court.

Originally published 3/14/2020: Judge Neupert issued changes to certain Clallam County District Court I procedures on March 13, 2020 in response to COVID-19 pandemic concerns. The rules cover some individuals and potential jurors who have active disease symptoms, and/or who are over 60 years old under certain circumstances, in criminal and civil cases, including traffic infraction cases (speeding tickets, etc.). Details of all current District Court I changes are in the PDF file below.

CCDC-I-Admin-Order-4-05-01-20Download
SUPERSEDED: COVID19DistrictCourt1changesDownload

Washington Courts response to COVID-19 – trials cancelled, motions restricted

UPDATE, May 6, 2020. Courthouse access restrictions vary from county to county. Bench trials are now a possible option. For information about the Clallam County Superior Court, see this page https://clallamcountybar.com/covid-19-superior-court-emergency-order-1-significant-courthouse-changes/

UPDATE, April 30, 2020. Limited access and trial cancellations are extended to July 6, 2020, by order of the Washington State Supreme Court. State-wide, non-emergency matters may be continued until after June 1, 2020, however, in Clallam County hearings may be held now with special rules for appearances outlined in EO1 and EO2 (links below). Hearings are still being heard primarily by phone. Protection orders are still being operated under special rules. These, and other modifications, are complicated. To see the Court’s Second Revised and Extended Order Regarding Court Operations, No. 25700-B-618, find it and other orders at www.courts.wa.gov/.

UPDATE, April 13, 2020. The Washington State Supreme Court has extended restrictions on access to courts from April 24 to May 4, 2020. All trials and settlement conferences are cancelled until the restrictions are lifted. The Supreme Court’s order can be found here. Emergency and other motions are still allowed under Clallam County Emergency Order #1 (EO1), and Emergency Order #2 which reissues EO1.

UPDATE March 25, 2020. Access to all Washington courts are reduced through April 24, 2020, except for emergency matters and pre-trial matters which can be conducted by phone or video, effective March 20, 2020, by order of the Washington State Supreme Court. (This order modifies a much more restrictive order entered March 18, 2020.) For any matters which need to take place, in person appearance in courts are extremely discouraged, and telephone or video appearance is highly encouraged. Clallam County Superior Court Emergency Order #1 remains in effect, except as it conflicts with the Supreme Court order.

Amended-Supreme-Court-Emergency-Order-re-CV19-032020Download

ClallamCountyBar.com editor: The April 24, 2020 date will likely be extended, and the emergency order will also likely modified. This post will be updated as needed.

This article was originally posted on March 19, 2020.

Summary of the emergency Order by the Washington State Supreme Court

Civil trials – Cancelled, reschedule for after April 24, 2020.

Civil motions: non-emergency – reschedule to after April 24, 2020 except motions, agreed orders, conferences and other matters which can be heard by phone, video or other means.

Civil motions: emergency – Heard by telephone, video, no personal appearances in court.

Protection Orders – RCW title 10.99, 10.14, 9A.46 and 7.90 protection orders may be entered when a proper petition is entered and a judge finds an initial basis to enter a temporary order. Orders may be served on the respondent by mail instead of personal service. Hearings will presumably be scheduled when the court re-opens.

Juvenile, dependency, involuntary commitment, child support – not necessarily covered by this order.

Criminal trials – Suspended until after April 24, 2020 (unless in progress now). Speedy trial periods begin to run when the courthouse re-opens.

Criminal hearings and motions: defendants out of custody – Deferred until after April 24, 2020, this includes arraignment and first appearances. Any hearings which must take place should be electronically and without personal appearances.

Criminal hearings and motions: defendants in custody – Continued until April 24, 2020, however there are a number of exceptions. Contact the defendant’s attorney for more information. Any hearings which must take place should be electronically and without personal appearances.

Social distancing required – For anyone who must appear in court, social distancing measures must be strictly observed. Attorneys are discouraged from meeting face to face with criminal clients.

Email bench copies of proposed orders

UPDATED June 22, 2020. Bench copies may NO LONGER be emailed. They must be provided as before, by placing a copy in the Judge’s Bench Copy Box, in the Superior Court Clerk’s office, or appropriately marked and placed in the drop box in front of the Courthouse, in an envelope clearly marked Superior Court Clerk’s Office.

Editor’s note: CCBA.com wishes to thank the judges and their clerk’s for their exceptional help during the height of the lock down by processing paperwork outside the normal procedures. Special thanks to Casey Thrush and Lacey Fors.

April 16, 2020. Clallam County Superior Court Chief Judge Brent Basden has modified the method of delivering proposed orders for the judge to review, during the state of emergency caused by the COVID-19 pandemic.

Orders that you want signed must be emailed to [rescinded] who will immediately forward the order to the assigned judge.  The Clerk’s office is doing an amazing job of getting all of the other pleadings scanned immediately so that they can be reviewed by the assigned judge in conjunction with the emailed order.

C.J. Brent Basden

All other pleadings, motions, supporting documents, etc, must still be provided to the Clallam County Superior Court Clerk. These may delivered to the drop box in front of the courthouse if proper procedures are followed. Click here to see the drop box rules.

Protection order service and hearing times modified – COVID-19

Governor Jay Inslee has issued a proclamation which modifies the service requirements and time frames for hearings in a variety of protection order matters. Proclamation of the Governor 20-45 addresses RCW statutes providing protection from harassment, violence, stalking, abuse, intimidation, and other forms of harm. The changes will remain in effect until May 10, 2020, or longer if the state of emergency proclamation is extended.

The modifications are listed in the PDF below. These are complex and CCBA.com recommends you contact a lawyer to make sure you understand the temporary rule changes.

Proclamation 20-45-COVID-19-Protection-Orders-and-Personal-Service-signedDownload

Clallam County Emergency Order #2 – COVID-19 response

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

Parenting Plans and COVID-19

Governor Inslee’s Stay Home, Stay Healthy declaration does appear to mean Parenting Plans should continue to be followed. If things take a down turn because of the COVID-19 virus, it is possible this may change. This page will be updated as needed.

A number of county courts (not Clallam) have issued orders requiring that Parenting Plans must be followed absent an emergency and a court order allowing a deviation. Parents, of course, can agree to alter parenting plans, which should be confirmed in an email or text message. (Editor: I am not aware of any county court issuing a contrary order.)

The following article is from the Washington Courts web page, http://www.courts.wa.gov/newsinfo/?fa=newsinfo.internetdetail&newsid=35214&fbclid=IwAR23xGOZ6ZLQriM-IznuRGTUWifLLgJxVjt1kRZQAYJpEj02Yms5VmCLlL4

Washington Courts: News and Information

Information on Parenting Plans in Washington State

March 27, 2020

On March 26, Governor Jay Inslee issued the following order addressing parent/child visitation in dependency matters.  That order and the Governor’s messages announcing it clarify that Washington’s “Stay Home, Stay Healthy” order does not prevent compliance with private parenting plans for residents of Washington State.   

Further, “the governor encourages parents who are co-parenting under a parenting plan to communicate with one another during this difficult time in order to both maintain family relationships and to protect the best interests and health of each child.”  Further information can be found online at www.governor.wa.gov.

For additional information on co-parenting during this difficult time, a special resource page of the Association of Family and Conciliation Courts (AFCC) can be found at www.afccnet.org/Coronavirus.  The AFCC and the American Academy of Matrimonial Lawyers has also published seven guidelines for parents who are divorced/separated and sharing custody of children during the COVID 19 Pandemic.  

Both links and additional information can be found on the Washington Courts’ dedicated COVID Response web page at www.courts.wa.gov/COVID19 

Trial and settlement conference settings

Although all trials have been cancelled because of COVID-19, the Clallam County Superior Court is allowing them to be reset. This applies to both civil and criminal trials.

For civil cases, including family law cases, new trial settings and re-settings can be done at the usual time, 8:45 a.m. on Friday mornings, but only by telephone. Appearances at the clerk’s window are not allowed. To set a date, use the usual Notice of Hearing form and include your phone number. The Superior Court Administrator will call the number at 8:45 a.m. on the scheduled Friday morning (or as soon thereafter as your case is called for a date setting).

Settlement conferences, on the other hand, may not be set or reset until court access restrictions are lifted.

For family law cases, use FL All Family 185 for the Notice of Hearing form, from the Washington Court’s family law forms page.