Cathy Marshall

Cathy Marshall

Clallam District Court candidates spar over pay-or-appear program

PORT ANGELES — Clallam County District Court 1 Judge Rick Porter and challenger Cathy Marshall battled recently over the merits of the pay-or-appear program in a political forum hosted by the Clallam County League of Women Voters.

“It’s created a debtor’s prison here in Clallam County,” Marshall said of the program that Porter initiated during his first term as a judge.

“It preys on the poorest of the poor. I want to better utilize specialty courts and create new specialty courts because the way we stop repeat offenders is to address the issues that cause them to re-offend.”

Under pay-or-appear, offenders pay their fines or appear before Porter to explain why they are delinquent. They also can perform community service to pay off the debt.

If an individual does not pay their fine and skips court, he or she can be arrested on a warrant.

“The only time anybody will go to jail and get a jail warrant is that they refuse to pay their fines, refuse to do the community service work option that’s available and refuse to come to court on the pay-or-appear calendar,” Porter told about 50 attendees at the Clallam County Courthouse last Thursday night.

“If they do any one of those three things, they don’t get a warrant.”

Porter, a Port Angeles resident, is seeking a fourth four-year term on the bench.

Marshall manages the state Attorney General’s office in Port Angeles and resides in Sequim.

Clallam County District Court 1 handles traffic violations and misdemeanor crimes for the bulk of the county, including Port Angeles and Sequim.

District Court 2 covers Forks and the West End.

The District Court 1 judge position has a 2015 salary of $148,881 and oversees a budget that in 2014 is $891,000, which includes salaries for 8.5 full-time-equivalent positions.

If elected, Marshall said she would do away with pay-or-appear and “bring back civility” to the court.

“I am even tempered, but firm,” she said.

“I’ll be tough on crime, despite my opponent telling you otherwise. But I will also be smart on crime.”

Porter said he would continue to “set the bar high” if re-elected. He stood by his record and the pay-or-appear system.

“Pay-or-appear brings in about $800,000 a year over what we were bringing in prior to pay-or-appear,” Porter said.

He added that the program has generated more than $1 million worth of community service work.

Marshall countered that pay-or-appear has created a financial burden for the city of Port Angeles.

“The problem is the days in jail that are being assigned by this judge because of the pay-or-appear program,” Marshall said.

“And it’s very costly, not only in dollars but in human lives.”

A July study found that four jail days were assigned out of 832 cases because of pay-or-appear, Porter said.

“That cost is $304 for the entire month of July for the entire city of Port Angeles,” Porter said.

“So this idea that it costs all this money is simply just not proven.”

Doing away with pay-or-appear, Porter said, would result in higher fees on individuals from collections agency.

“Now that person is going to be penalized twice,” he said.

“Then what’s going to happen is they’re also going to charge 12 percent interest. The court doesn’t charge any interest, but a collection agency certainly will.”

Marshall said she would implement enhanced diversion programs, and collections would be a “fallback position,”

She said she is “disturbed” by pay-or-appear because it “keeps people poor and unemployed.”

“We need people working in this community so that they can be productive citizens in this community,” Marshall said.

Ballots for the Nov. 4 election will be mailed Oct. 15.

The league’s next forum is from 5:30 p.m. to 8 p.m. Oct. 8 at the Elwha Klallam Heritage Center, 401 E. First St., Port Angeles.

The 6th Congressional District race and the contest for Clallam County auditor will be featured.

U.S. Rep. Derek Kilmer, a Gig Harbor Democrat and native of Port Angeles, and Republican challenger Marty McClendon, also of Gig Harbor, are expected.

Also appearing will be Shoona Riggs, county elections supervisor, and Kim Yacklin, county Health and Human Services administrative coordinator, both of whom are seeking to fill the county auditor seat.

Candidates for District 3 seats on the Charter Review Commission will introduce themselves.

________

Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 5072, or at rollikainen@peninsuladailynews.com.

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