1. Education and background: University of Washington, B.A., Business Administration; Willamette University College of Law, J.D., Washington Judicial College.
In private practice in San Juan County, 1972 through Dec. 31, 2007; District Court judge, 1977 to 1998; court commissioner, appointed by Judges Hancock and Churchill; Superior Court judge pro tem, 2007; Superior Court judge appointed by Gov. Gregoire, since Jan. 1, 2008.
2. Should San Juan join a growing number of Washington counties relying on a .01 percent tax on retail sales to help finance or expand local mental health services? Please explain.
I have not talked with county Public Health staff about their position regarding the tax authorized by RCW 82.14.460. That being said, I am quite sure the need for funds always exceeds the available resources.
The tax must be authorized by the County Council. Once authorized, the money must be used for new or expanded chemical dependency or mental health programs. The law requires that the tax should fund what is referred to as a “therapeutic” court as a component of dependency proceedings in Superior Court.
This requires that the court establish a special calendar or docket for the intense supervision and oversight of treatment provided to parents and families that have substance abuse problems AND who are involved in a dependency proceeding. The goal is to reduce (1) child abuse and neglect, (2) out of home placement of children (foster care), (3) termination of parental rights, and (4) substance abuse and mental health symptoms in parents and their children.
We have so few dependency proceedings in San Juan County (and that is a good thing), I do not believe we need a therapeutic court at this time.
3. How do the managerial skills of a judge affect the operations of a court?
I graduated in Business Admin-istration and managed my law practice for 35 years. I believe that I have strong managerial skills. When I was the District Court judge, I worked with the District Court clerk and together we managed the court’s operations from its inception through the most dramatic growth the county has seen.
That having been said, there is a tremendous amount that needs to be done by Superior Court, but no staff to do it. At the present time, management means do it yourself or prevail on the County Clerk’s office to help.
The good news is that the District Court judge and staff, together with the county clerk and her staff, work with Superior Court in coordinating the operation of our county’s two courts. There is excellent cooperation and somehow the work gets done.
I am fortunate that our Juvenile Court administrator (Tom Kearney) requires very little supervision. He is a veteran of years in his position and is assisted by a capable staff that he manages.
4. What changes, if any, would you like to see in the way Superior Court and Juvenile Court are administered?
The Superior Court needs staff to do the job right. At the present time, the judge administers the court, which is separate from the office of the County Clerk. We have no staff for the judge to manage and are fortunate to have a county clerk (Joan White) and her staff who have been willing to help with everything that a court administrator does in every other county.
I would like to see one staff person added to the office of the Superior Court. That person would need to do the multitude of tasks required to maintain the smooth operation of the court. The judge alone cannot do it all and what is needed is beyond the scope of what the county clerk is elected to do.
As for the Juvenile Court, it is currently administered by Tom Kearney who works under the judge, but in very close collaboration with the judge. The way the system works now in San Juan County is the way it should work in the other 38 counties. I see no need for change now or in the foreseeable future.
5. Which U.S. Supreme Court justice most closely reflects your view of how local, state or federal law should be interpreted, and why?
Chief Justice John Roberts is known for judicial minimalism. He pushes the other justices toward narrow decisions that are more likely to command unanimous support. To do this he, in presiding over the court’s conferences, allows discussion to go on longer than prior chief justices, thus drawing out the views of all of his colleagues.
Like former Justice O’Connor, he often encourages decisions on procedural grounds returning cases to the lower courts for further review. This approach often avoids the sort of controversy that can split the court and divide the country.
Roberts has said, “I think the framers (of the Constitution), when they used broad language like ‘liberty,’ like ‘due process,’ like ‘unreasonable’ with respect to searches and seizures, they were crafting a document that they intended to apply in a meaningful way down the ages.” This differs markedly from the originalists on the court who apply a more strict interpretation of the language of the Constitution and recognizes change in American life.
Justice Roberts is young, energetic and is recognized as a hard worker. He argued cases before the Supreme Court before taking the bench. He avoided the political controversies of the Clinton years and refused to become a “talking head” for the media. He is not an “activist judge.”
6. What are the local court system’s most pressing challenges?
The primary challenge facing courts everywhere is what is referred to as “access to justice.” The goal is to remove barriers that limit or restrict an individual’s ability to use the system.
Those barriers are often financial. We have a public defender for those charged with crimes who are indigent but many more are unable to afford the cost of legal services despite being well above the poverty line. And civil litigation is not covered by court-appointed lawyers.
In San Juan County, we have a court facilitator who works with individuals to complete the forms necessary to process their own divorces. We have volunteer attorneys who participate in family law night, again to help those who lack the resources to retain independent counsel. But the need is often greater than can be met.
A second challenge is a byproduct of the diversity we now enjoy in San Juan County. For those for whom English is a second language, we require interpreter services. The court and clerk are implementing a plan to help assure the availability of qualified interpreter services, but the challenge remains.
7. What are the top two skills or personal attributes that make you the best candidate for the job?
1. I care about all those who come before me, whether juvenile or adult, plaintiff or defendant, victim or perpetrator.
2. I work hard and love what I am doing.