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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SUPERSEDED: The emergency order described in this post has been superseded by an emergency order from the Washington State Supreme Court.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SUPERSEDED: COVID19DistrictCourt1changesDownload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 

Domestic Violence help – During COVID-19 pandemic

Quick escape to Google.com

Domestic violence increases in time of stress and Shelter In Place type orders. At the same time, it can be even harder for victims of domestic violence to access services or even safely call for help living in close quarters. All North Olympic domestic violence agencies are answering intake calls and providing services, although their in-person services may be limited to some degree by social distancing needs. The state government is aware of the issues and is adding extra support and resources for DV agencies that can help you.

If you know someone who is in need of help, please consider being proactive and reaching out to them directly.

Free legal help. Ask your DV advocates about available pro bono legal services.

If you are suffering during a Shelter In Place (or Stay Home, Stay Safe) type order, Job #1 to protect you and your children is managing the emotional instability of your partner, and avoiding actions that can lead to significant and dangerous behavior escalations, especially while you take steps to protect yourself.

Rejection Begets Aggression

Understanding how your own behavior can be perceived as a rejection which can lead to angry and violent outbursts is extremely important. The article Rejection Begets Aggression, Beware, discusses different types of relationship-related rejections and offers some solutions to help you cope in a difficult Shelter In Place situation.

Quick escape to Google.com

Job #2, don’t hesitate to reach out for help. Our local agencies are here just for you and they very much want to do everything they can for you. Please be mindful to reach out in a way that is safe. You can ask a stranger at the grocery store, or neighbor, to call a local agency and have them call you from a line with their Caller ID blocked during time periods that are safe for them to call you.

Job #3, make an exit plan, or just bolt if you have the opportunity and a place to go, or if your life is in danger. Google “DV safety plan” for ideas, and DV agency advocates offer free help to develop or refine an exit plan. They can also help connect you with resources when you leave. Most agencies have a 24/7 crisis line (listed below).

Domestic violence hurts you and your children. Even in this difficult time of a pandemic, there are people who can help you and places you can go. You don’t have to put up with abuse.

North Olympic Domestic Violence Agencies

Please note, it doesn’t matter where you live on the peninsula, these agencies will help you.

Quick escape to Google.com

Healthy Families, Port Angeles

COVID-19 update page: http://www.healthyfam.org/emergent-information/
Homepage: http://www.healthyfam.org/
(360) 452-HELP (4357), 24/7 crisis line
Their doors may be locked during the Stay Home, Stay Safe orders, but they are taking calls and continuing to help every way they can.

Mariposa House, Clallam County and Forks

https://mariposahouse.org/
(360) 374-CARE, a 24-hr Crisis Line

Lower Elwha Family Advocacy

https://www.elwha.org/departments/lower-elwha-family-advocacy/
Contact: Beatriz Arakawa
360.452.8471 x7453
360.460.1745 via cell phone

Quick escape to Google.com

Dove House, Port Townsend

https://www.dovehousejc.org/
360-385-5292 during regular business hours
24/7 crisis line: 360-385-5291
Their doors may be locked during the Stay Home, Stay Safe orders, but they are taking calls and continuing to help every way they can.

The article above represents the opinion of Mark Baumann. Please contact Mark if you have comments.

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.

COVID-19: Clallam Superior Court Emergency Order #1 – Significant courthouse changes

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).