Clallam County Bar

Clallam County lawyers & legal news

Angeles Mediation

Avoid Court. Reduce costs. Quick results.

The alternative to going to court

Angeles Mediation

Pandemic parenting

Law is important to the health of our community. Parenting is even more important… and harder during the pandemic. To help parents in the coronavirus times, ClallamCountyBar.com is re-instituting its parenting initiative by posting local news and resources which may be of help parents.

Send us any items you would like us to post about education and activities in Port Angeles, Sequim, Forks, Neah Bay, La Push, Joyce, Clallam Bay, or anywhere in Clallam County. Please provide “camera ready” information in the body of your email which is ready to cut and paste.

Click here for parent-child activities in Port Angeles, Sequim, Forks, Neah Bay, and the rest of Clallam County.

SNACCMS stands for Sports, Nature, Arts, Culture, Clubs, Music, and Spirituality. The term is intended to help parents with creative thinking about “extracurricular activities.” The SNACCMS concept, and how it relates to enhanced neural development in children is explained more here.

Patsene Dashiel is new Parenting Matters Foundation director

Sequim – Patsene Dashiell is the new Parenting Matters Foundation and First Teacher Executive Director.  She succeeds Executive Director Patty Waite, who has retired from the position.

Parenting Matters is a non-profit organization that serves as a resource for parents of young children.  Parenting Matters oversees the First Teacher program for parents of children from birth to kindergarten and provides parenting classes throughout Clallam County.

The group sends out monthly parenting newsletters with tips and information on parenting, child development, healthy practices and local activities.

It hosts a family resource room at the Sequim unit of the Boys & Girls Clubs of the Olympic Peninsula at 400 W. Fir St. There, children are given free books and members of the community read with children.  The room is currently closed due to COVID-19 restrictions.

The foundation’s board voted Dashiell the new chief of the organization, which oversees the First Teacher program, earlier this year.  Dashiell began her new post in late June.

Dashiell has worked in school communications and community relations in the Sequim and Port Angeles School Districts during the last decade.  Prior to that, she managed the First Teacher room operations for two years. She is the former business owner of Jetxon U.S.A. Ltd. Apparel Sourcing and founder of Project Scrubs, a medical apparel retailer. 

“My first introduction to this program was attending a parenting meeting in 1993 when I had just arrived in Sequim with two daughters under the age of four. At that event, I met other parents who have remained good friends.  I also met Cynthia Martin, whose passion for providing parenting information all these years has benefitted countless families on the Olympic peninsula.”

Patsene Dashiell

Cynthia Martin is the founder of the First Teacher program and initial executive director of Parenting Matters Foundation.  Martin’s column on parenting advice appears weekly in the Sequim Gazette.

“Entering into this position feels very much like coming full circle, I am excited to apply my skills and experience in continuing the good work of this organization to strengthen families in our community.”

Patsene Dashiell

For more information about the group or to sign up for the free parenting newsletter, see www.facebook.com/FirstTeacher PMF.

To reach Patsene Dashiell, email [email protected] or call 360.681.2250.

Zoom

Zoom meeting ID numbers for Superior Court courtrooms

Superior Courtroom I976-7336-6377, Passcode 12345
Superior Courtroom II968-5772-2818, Passcode 12345
Superior courtroom III
Family Court		943-6071-4749, Passcode 12345
Juvenile Court978-5492-0434, Passcode 12345

Zoom meeting ID numbers for District Court Courtrooms

District Court I – main courtroom939 8515 6961, Passcode 12345
District Court II (Forks)Check with Court Clerk for availability

Superior Court

Due to the COVID-19 pandemic, Clallam County Superior Court is allowing appearances for certain cases by Zoom video. All motion calendars will be handled by Zoom. This includes people with cases on the Family Court Friday calendar. Zoom allows people to call in by video or phone. Court room appearance and demeanor requirements are not waived. Instructions are below. Personal appearances may be allowed but are not recommended. This is a temporary, emergency system. It is important to confirm with the court clerk or your lawyer that Zoom will be available for your hearing. If you fail to appear for your hearing, the other party may be granted their requests.

District Court

Clallam County District Courts may handle Zoom appearances differently than Superior Court. Check with your lawyer or the Court Clerk for more information.

Phone dial in numbers

Dialing into a Zoom meeting by phone requires two steps. First, dial any of the numbers below (if you get a busy signal try a different number). Once connected, type in the Zoom ID number above for the appropriate court room. (Note: all of the phone numbers below go to the same switchboard, so it doesn’t matter which number you use.)

                        888-475-4499

                        833-548-0276

                        833-548-0282

                        877-853-5257

Zoom: Phone instructions

Phones:  If you log in with a phone you will probably have a better connection.  If you choose this option, take the following steps.

  • Call one of the above toll free numbers.  If you get a busy signal, try a different number.
  • Type in the above listed meeting number assigned to the courtroom where your case is being heard.
  • Hit the # key when it asks for a participant ID number. 
  • A landline is better than a cell phone.
  • Eliminate all background noise.
  • When your case is called, switch from speaker mode to speaking directly into your phone.  Ear devices with microphones close to your mouth are helpful.
  • Remember, your case will only be one of many cases, so you need to be mindful about not allowing background noise in your location to interfere with the other cases.

Zoom: Video instructions

To appear by video, follow these steps:

  1. Download the Zoom app from Zoom.us on your computer, phone, tablet, or other device.
  2. Try a practice Zoom session with someone. You can dial into the courtroom at any time, even if the court is closed.
  3. On the day of your hearing.
    1. Go to Zoom.us.
    2. Click Join a Meeting.
    3. Paste or type in the appropriate meeting ID number for the courtroom you need to appear in.
    4. You will be logged into the courtroom.
  4. Your hearing will be called sometime after the scheduled start time. There will be other cases scheduled to start at the same time, and yours will be called when the judge or Commissioner gets to it.
    1. If your hearing is Friday morning at 9:00, it will be called sometime between 9-noon.
    2. When your hearing is called, the judge will unmute you.
    3. It is recommend you do not speak during the hearing unless invited to speak by the Judge or Commissioner. If you are asked a question, pause a moment, to see if there is an objection. You can check to see if the Judge or Commissioner is nodding their head “Yes, go ahead and answer.”
  5. Maximize the quality of your connection and eliminate background noise (or you may be muted by the court).
    1. Close all unnecessary programs on your computer.
    2. Eliminate background noise. If you have background noise the judge will mute you.
    3. Don’t have bright light behind you, or have enough light in front of you so the Judge/Commssioner can see you.
    4. Make sure your device is muted by clicking on the mute button in Zoom, until your case is called.
  6. Dress appropriately for court.
  7. If you get dropped from the meeting, just log back in.
  8. But, if the court gets dropped from the Zoom meeting, don’t do anything, the court will log back in.
  9. DO NOT RECORD THE HEARING, it’s a crime to record it.
  10. Avoid microphone feedback. Do not be near someone else who is also logged into the court Zoom meeting with a different device.

Zoom meeting ID numbers for all Superior Court courtrooms (District Court does have Zoom ability.)

Courtroom I             976-7336-6377, Passcode 12345

Courtroom II            968-5772-2818, Passcode 12345

Courtroom III           943-6071-4749, Passcode 12345 — Family Court

Juvenile Court          978-5492-0434, Passcode 12345

Please note, ClallamCountyBar.com cannot and does not give legal advice. Information on this site is subject to change, and the site may be not updated in time for your hearing. CCBA.com recommends you test out your ability to log in by loggin into a court session before your scheduled hearing. Updated information may be available at http://www.clallam.net/superiorcourt/index.html.

COVID-19: File physical copies of pleadings and bench copies, email no longer allowed

The Clallam County Superior Court is returning some procedures back to the normal, pre-pandemic, routines. Bench copies and pleadings may no longer be emailed. Proposed orders must be physically delivered to the Court Administrator office (between Court Room I and II).

Motions and many court appearances will continue to be held by Zoom. Directions for appearing by Zoom are available here. When Zoom appearances are available, they are highly preferred over physical appearance. For necessary physical Courtroom appearances, masks are strongly recommended by the judges.

Clallam County Superior Court Clerk Nikki Botnen is continuing to allow the filing of pleadings and bench copies in her office by delivery to the grey drop box in front of the courthouse (in the front driveway).

Superior Court notice

Here is the Notice from Clallam County Superior Court, some procedures return to pre-pandemic lock down rule exceptions:

1.      Effective immediately the Superior Court is returning to processing pleadings as was the custom  “pre-pandemic.”   In other words,

A.      All pleadings should be filed directly with the clerk’s office.  Questions about how documents are to be filed (i.e. drop box out front, in their office, etc.) should be directed to the Clerk’s office.

B.      If a pleading is filed within five days of when the hearing is scheduled to occur, bench copies should be provided to the box in the clerk’s office.  The court will not accept electronically transmitted bench copies.    

C.      Proposed orders (including conditions of release, restraining orders, etc.) should be delivered to the Court Administrator prior to the hearing.  Electronic copies of orders will no longer be accepted.  Please indicate on your order (by sticky note, etc.) the date and time of the hearing. 

2.      For now all motion calendars will still be handled by Zoom.  Changes may be possible with some calendars sooner than with other calendars (i.e. based upon how many people typically appear for a calendar).  We will keep you informed.

3.      Agreements to proceed on non-jury trials is no longer required now that our county is in Phase 2.  If for some reason a party does not agree to proceed to trial, that issue should be noted by motion with the trial judge.  Pre-trial notebooks are not required (but they are extremely helpful). 

From: Clallam County Superior Court

COVID-19: Superior Court restricts in court appearances, EO3

Effective May 15, 2020, through September 1, 2020, Clallam County Superior Court Emergency Order #3 restricts in person appearances in court and creates new appearance methods by Zoom video and phone. Because social distancing is difficult in the Courthouse and Court rooms, all people with hearings are asked to appear by Zoom.

Editor’s note: Using Zoom is easy, once you try a time or two. You can use the Zoom program to call into the hearing using a regular phone, or you can appear by Zoom video following the procedures below. We recommend you test out Zoom with a friend or your attorney before you try to appear for your hearing. If you need help you can try contacting the Courthouse Facilitator.

Emergency order 3 re-adopts EO1 and EO2, and includes the following Exhibit A, which sets out the appearance procedures.

EXHIBIT A – EMERGENCY ORDER MAY 11, 2020

Starting on Friday, May 15, 2020, participation in court motion calendars will be by joining the Zoom meeting for that calendar.  Contrary to previous orders, cases on the civil and domestic calendars will no longer be automatically taken under advisement based upon the record but will be argued to the court.   The clerk will no longer call attorneys or their clients.   The following are instructions / guidelines for participation.

  1. Download:  You need Zoom on your device in advance of your first scheduled hearing.  A free version is available at Zoom.US or from the app store on your device.
  • Contact Number: Each courtroom has an assigned Zoom meeting number that will not change.   All calendars occurring in that courtroom will utilize that assigned number.  They are as follows:

MEETING ID NUMBERS

  1. Courtroom I                    976-7336-6377
    1. Courtroom II                   968-5772-2818
    1. Courtroom III                  943-6071-4749
    1. Juvenile Court                  978-5492-0434

TOLL FREE PHONE NUMBERS

                                   888-475-4499

                                  833-548-0276

                                  833-548-0282

                                  877-853-5257

  • Phones:  If you log in with a phone you will probably have a better connection.  If you choose this option, take the following steps.
    • Call one of the above toll free numbers.  If you get a busy signal, try a different number.
    • Type in the above listed meeting number assigned to the courtroom where your case is being heard.
    • Hit the # key when it asks for a participant ID number. 
    • A landline is better than a cell phone. 
    • Eliminate all background noise.   
    • When your case is called, switch from speaker mode to speaking directly into your phone.  Ear devices with microphones close to your mouth are helpful.   
  • Video devices:  If you use a device with a camera, take the following steps. 
    • Only try a video device if you have excellent internet connection.  Otherwise, use the phone option described above.
    • Go to Zoom.us, click “Join a meeting”
    • Type in the meeting number to the courtroom hearing your case.
    • The portion of your body which appears on video should be dressed appropriately for court.
    • Eliminate background distractions and noise.     
    • Don’t have windows or lighting behind you.  
  • General Rules:  Do the following when you join the meeting.
    • Mute your microphone until your case is called.
    • Even when your case is called, it is best to have your device on mute when you are not talking.
    • Do not be in close proximity of someone who is logged into the same meeting on a different device.
    • Do not speak until invited by the judge to do so.  If you wish to object, just say “objection” and wait until the judge asks you to speak.    
    • If you get dropped from the meeting sign back in and rejoin the meeting as you did initially.
    • If the court gets dropped from the meeting, stay on the line and wait patiently until it rejoins the meeting.
    • You may not record court sessions. 
  • Information: Attorneys are responsible for informing their clients of the meeting and providing them a copy of these rules.  The rules will also be available on the Court’s webpage.
  • Calendar: The court will strive to call cases in the order that they appear on the calendar.  That may not always be possible because of attorneys scheduled to be in more than one court at a time.  
  • Mute: The court has the ability to mute and unmute each participant. If you get muted by the court, it is because it is picking up unnecessary audio from your line. The court will attempt to unmute you if it believes that you need to address the court on a case. 
  • Technical Difficulties:  If technical difficulties arise, the Zoom meeting may be aborted and parties will be called directly.  The court reserves the right to decide a matter without oral argument, continue a matter, or strike a matter until re-noted by the parties.

Superior Court scheduling changes

In an effort to streamline overall efficiency, the Clallam County Superior has made few changes to the Court schedule. Of note are small changes to the domestic violence and settlement conference schedules.

DOMESTIC VIOLENCE:  Domestic violence cases which do not include a married couple or domestic partnership, or where the parties do not have children in common, will now be heard on the Friday morning civil calendar at 10:30.  Domestic violence cases involving married couples, domestic partnerships, or children in common, will be heard on Fridays at 1:30 in Courtroom III.   The assignment of the courtroom for a full hearing will be made at the time the initial ex parte order is sought.

SETTLEMENT CONFERENCES:  Two will be held each Monday afternoon (1:30  p.m. and 3:00 p.m.) and one will be held on Thursday (10:30 a.m.). 

These, and other changes, particularly to the trial and criminal calendars go into effect on June 1, 2020.

COVID-19 and jury duty

Clallam County citizens who receive notices for jury duty, and who have a reasonable fear for their own safety due to the COVID-19 pandemic virus may contact the Clallam County Superior (or District) court Clerk to inquire about exemptions. While no formal rule or exception has been issued by the court’s, our judges have indicated a very clear understanding of the fear citizens may have, and they have clearly expressed a desire to do everything possible to keep citizens safe.

Editor’s note: it appears that there is no reason for citizens to be afraid about this issue. We recommend you contact the clerk of the court from which the jury duty notice was sent and share your concerns. Our judges in all three of our court systems appear to be very sensitive to this issue and also very protective of us all. Clallam County has three court systems, District Court I (all of Clallam except the west end), District Court II (Forks and west end), and Superior Court.

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.