Clallam County Bar

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Omicron wave court closures

Because of the surging Omicron variant of the COVID-19 virus, and to protect juror and witness safety, Clallam County courts are reducing jury trials in January 2022.

The Clallam County Superior Court is cancelling the start of all new jury trials in January, 2022. Jury trials already in progress, such as the Bauer murder trial, will continue on schedule. People with trials scheduled in January should contact their attorney or the court to determine what their responsibilities are. These limits are in Emergency Order 21-2-00001-05 entered by Judge Lauren Erickson on December 30 2021, which can be found at http://www.clallam.net/superiorcourt/.

Clallam County District Court I (Port Angeles) has also restricted trial and court access through January 26, 2022. Jury trials are postponed, and criminal defendants must contact their attorney or the court to make alternate arrangements. For civil matters, including name changes, anti-harassment cases, infraction cases (traffic), and civil motions, contact the court for scheduling. More information is available at http://www.clallam.net/DC1/index.html.

Clallam County District Court II (“The Forks Court”) information is available at http://www.clallam.net/DC2/index.html.

The Clallam County Superior Court has implemented many detailed measures to make legal proceedings as safe as possible for everyone, and to help minimize local COVID surges from overwhelming our community health system. Those include reconfiguring the courtrooms to create social distance space between everyone in the court room, requiring masks, creating a procedure for potential jurors to postpone their jury duty, and conducting jury selection in a large and well ventilated area.

Clallam County judges work with local health officials to determine optimal safety measures.

Parenting science training: biological embedding of early-life adversity

This training will look at how early life experience affects development and child and adult functioning, and look at mechanisms of resiliency. This free program is part of the Parent-Child Relationship Programs, a service of the Barnard Center at the University of Washington. This program is highly recommended.

Register here

Biological Embedding of Early-Life Adversity: Challenges and Opportunities

January 13, 2022 from 2pm – 3:30pm PT via ZOOM

Dr. Shalev will discuss the current state of the science of how early-life adversity can ‘get under the skin’ and program biological systems, which in turn may increase risk for later-life physical and mental-health problems. In order to evoke change in the health trajectories for survivors, we need to fill critical gaps in our understanding of this ‘biological embedding’, and to further explore mechanisms of resilience.   Specifically, Dr. Shalev will highlight the role of telomere biology as a potential platform for discovery and intervention studies, as well as limitations in the field and new biological aging clocks to investigate the biological embedding of early trauma.
Idan Shalev, PhD, is an Associate Professor in the Department of Biobehavioral Health at The Pennsylvania State University. His research entails an interdisciplinary approach to identify mechanisms underpinning the biological embedding of stress, or ‘how stress gets under the skin’, and its effect on health and aging. Shalev’s research combines the disciplines of molecular genetics, endocrinology, neurobiology and psychology. This systems approach integrates data sources across multiple levels of genomic, biomarkers and phenotypic data. Specifically, using innovative research designs, his research tests the effects of stress from early life on change in telomere length and other biomarkers of aging across the life course, and the consequences of change in telomere length for physical and mental health problems. The goal of his research is to pinpoint behavioral and molecular targets for public health observation and clinical treatments aimed at mitigating the consequences of stress on health and aging. Shalev is the past Mark T. Greenberg Early Career Professor for the Study of Children’s Health and Development and an author of more than 60 scientific articles and chapters.

For lawyers, this program does not offer CLE credit directly, but should qualify if you apply.

Omicron is transmissible from 30 feet away

Governments and citizens prepare for the most intense wave to come – the Omicron variant.

The COVID-19 Omicron variant is by far the most transmissible variant of the pandemic virus to date. The delta variant was very infectious, but Omicron is many more times infectious. The US CDC is planning for punishing wave of Omicron infections in January. Many countries and quickly implementing intense new travel and gathering restrictions.

Vaccines are believed to be effective against the Omicron variant.

The British Broadcasting Corporation news reports South Africa saw a shockingly fast spike in COVID-19 cases, going from almost zero to over 3,000 per day. Children may be more severely affected by the Omicron variant. The Pfizer vaccine appears to prevent 70% of hospital admissions after two doses, and over 90% after three doses. The United Kingdom is currently experiencing it’s highest infection rates ever, at over 9,000 infections per day (according to testing results). Cumbria, a rural county in north England is expecting 900 cases a day by Christmas Day.

Canadian Broadcasting Corporation news reports that an early research study in Hong Kong indicates Omicron multiplies 70 times faster in the lungs and airways, and is contagious from up to 32 feet (10 meters) away. Omicron’s incubation period appears to be from 1-14 days.  Symptoms range from mild to severe, and how severe it may be is still unknown.

Businesses, sports teams, and countries are preparing to reduce or close operations.

Smokers and vapers are far more likely to become infected.

News outlets report over 97% of the US military has been vaccinated: Army 97%, Air Force 97.5%, Marine Corps 95%, Navy 98%. Service members refusing vaccination without a valid exception are being discharged.

https://www.cbc.ca/news/health/omicron-variant-hong-kong-study-1.6287519
https://www.bbc.com/news/59667268
https://www.bbc.com/news/uk-59688186
https://thehill.com/changing-america/well-being/prevention-cures/586187-cdc-warns-punishing-wave-of-omicron-to-hit-in
https://www.weforum.org/agenda/2021/12/covid-19-omicron-coronavirus-impact-on-travel-holiday-season/
https://onlinelibrary.wiley.com/doi/full/10.1111/add.15251
https://www.cnn.com/2021/12/16/politics/military-vaccine-numbers/index.html

Individual rights trump community safety, argues 6 restaurants

Port Angeles attorney William Payne filed a civil rights action suing Clallam County and the County’s health officer seeking to invalidate the County’s order requiring proof of COVID-19 vaccination for all people entering restaurants and bars. Mr. Payne’s lawsuit is filed on behalf of the Kokopelli Grill / Coyote BBQ in Port Angeles, The Oasis Bar & Grill, Sunshine Café, Blondies Plate, and Jose’s Famous Salsa and Salsa House Restaurant, in Sequim, and the Blackberry Caffe in Joyce. They claim their “economic liberty” rights are more important than public health concerns.

The vaccination proof requirement is in Public Health Order -September 02, 2021.

Mr. Payne’s lawsuit claims the county’s health order violates the plaintiff’s right to equal protection of the law, is arbitrary and capricious, and is too broad in its application. He also claimed the health mandate is invalid and unconstitutional, and he asked the court to prohibit the County from enforcing the order.

The civil rights lawsuit was filed in Port Angeles on November, 22, 2021, under Clallam County Superior Court Cause #21-2-00597-05. The initial hearing in which Mr. Payne will be seeking an injunction is currently set for January 7, 2021, at 1:30 p.m. All three Clallam County Superior Judges have recused themselves, since the work with the County’s health officer to implement COVID-19 protections and other health matters. The case will be heard by a Kitsap County Superior Court judge, and the hearings will available to watch on the Kitsap County’s Zoom service. https://www.kitsapgov.com/sc/Pages/default.aspx.

William Payne’s office is located at 542 N 5th Ave Suite C, Sequim WA 98382. He can be reached at 360-683-4212, or by email at [email protected]. Mr. Payne practices business, commercial, contracts, criminal, employment, civil rights and constitutional rights law.

CLE Bonanza 2021 Clallam County

On Friday, November 5, 2021, the Clallam Jefferson County Pro Bono Lawyers will host the annual Clallam County full day CLE. The event will be offered for in person and Zoom attendance. 6 credits are pending and the cost is $225.

Topics and speakers

Gary Williams and Rafael Urguia: What every lawyer needs to know about insurance policies

Charles Johnson, WA Supreme Court Associate Chief Justice: Evolution of ethics rules

Jeanne Marie Clavere, WSBA General Counsel’s Office: New rules, required disclosures to clients and more.

Jeff Tolman: Every gunslinger’s problems.*

Joes Trejo, Northwest Justice Project: What to do about landlords and tenants.

Sage Graves, of Hickman Menashe P.S.: The guardianship, conservatorship, and other protective arrangements act: changes to guardianship law coming soon.

Registration

Register with CJCPBL, PO Box 901, Port Angeles WA 98362, [email protected], 360-504-2422

*Editor’s note: CCB.com does not promote lawyers as “gunslingers.” Lawyers are first and foremost counselors at law and then protectors. In small towns, most law which lawyers practice involve “people law” or “personal law” and approaching cases with compassion and a goal to protect the client is always the best starting point. Lawyers acting as “gunslingers” or “hired guns” or “barracudas” tend to create more problems than they solve. Buyers beware because those types of lawyers tend to treat clients as badly as they do everyone else.

CLE: Transitioning from the eviction moratorium

On Friday, September 24, 2021, noon-1:00 p.m., a panel of speakers will discuss Washington’s eviction moratorium.

Transitioning from the Eviction Moratorium: A summary of the recent changes in eviction laws and resources in Washington State

Hosted by the Clallam-Jefferson County Pro Bono Lawyers, the panelists are Steve Robins, Sam Feinson and Cherish Cronmiller. The panel will explore both landlord and tenant perspectives on the challenges for ending the moratorium.

This event is open to the public with CLE credit for participating attorneys. Attendance is free, donations are encouraged for Bar members and can be made at cjcpbl.org.

Please call or email CJCPBL for registration at [email protected], [email protected], 360-504-2422.

COVID-19: Jury trials cancellations 2021

UPDATED: All jury trials cancelled through October 31, 2021, pursuant to Emergency Order 21-2-00001-05, September 15, 2021.

Because COVID-19 cases are spiking among the unvaccinated, the Clallam County Superior Court has cancelled all jury trials through September 26, 2021.

Masks are required in all courtrooms.

In person court appearances are allowed, but are strongly discouraged. People can “appear” for their court hearings by Zoom in all Clallam County Superior courtrooms, and in District Court I.

Criminal cases. All people involved in impacted criminal cases will need to appear in court to obtain a new court date. Failure to do so will result in a bench warrant for your arrest. Contact your attorney for more information.

Bench trials (trials without a jury) are scheduled to continue without interruption, although CCB.com recommends everyone check with their lawyer or the court clerks office.

Clallam County is currently experiencing it’s highest ever pandemic rates of COVID-19 infection, hospitalization, and deaths. No indoor location is safe, and outdoor contacts should be managed very carefully. Social distancing, hand washing, face masks, and vaccinations are what will help bring this under control.

Full version of EO 21-08-27

COVID-19-Emergency-Order-21-08-27Download

Eddie Beck, court reporter: In memoriam 2021

Beloved Clallam County court reporter Edith “Eddie” Beck has passed away. Eddie was born in 1937 in Vallejo, California. After a divorce, Eddie took night classes to become a court reporter.

She took a job (her first?) working judge Tyler Moffett in the Clallam County Superior Court. She continued to work as the court reporter for Judges Grant Meiner and George Wood in Courtroom 1. After retiring from her service with the Superior Court, Eddie worked as a private stenographer for many lawyers on the North Olympic Peninsula.

Eddie contributed to her community in many ways. She was a member of the Clallam County Jet Set Soroptomist club, hosted foreign students attending Peninsula College, and tirelessly supporting our local Duck Derby. She was well known for generously hosting people at her warm home.

Eddie is survived by three children and, so far, three grandchildren. Eddie survived her long term partner Stanley Feldman.

Eddie was Judge Meiner’s reporter and present when he administered my oath of attorney in 1989. I’ve known few people as professional and kind as Eddie Beck. In the many, many cases where Eddie was my stenographer, she never once, even in cases involving difficult human behavior, raised an eyebrow or uttered a judgmental or unkind word. I’d say she was one of the people who helped teach me the meaning of grace.

Mark Baumann

COVID: Eviction news

To help ease the challenges for landlords and tenants as we all work our way through the pandemic troubles, Presiding Judge Brent Basden has issued orders to ease eviction challenges.

Judge Basden has issued two Administrative Orders on behalf of Clallam County Superior Court regarding the Eviction Resolution Pilot Program and Right to Counsel for Indigent Defendants in Unlawful Detainer Proceedings. The Eviction Standing Order and Eviction Right to Counsel administrative orders are below. Clallam County Bar recommends landlords and tenants read the orders carefully, and either seek legal advice for understanding them or attend any relevant informational programs (search Google for available programs).

Eviction-Standing-Order-2021Download
Eviction-Right-to-Counsel-Admin-Order-2021Download

Washington Supreme Court requires vaccination for employees

The Washington State Supreme Court has issued Order Number 25700-B-669, requiring all of its employees to become fully vaccinated against COVID-19. A news release from the court, with links to the full order is available here.

The order includes employees of the Washington State Law Library.

Exceptions are provided for workers who can verify a need under the Americans with Disabilities Act, or who can provide a validated religious reason to be unvaccinated.

The Supreme Court detailed a number of reasons why they issued the order, and cited the increased transmissability of the delta variant.