Clallam District Court judge asks for pro tem support

PORT ANGELES — There’s a growing case load in Clallam County District Court 1, and Judge Rick Porter has asked commissioners for backup.

Porter, who presides over the Port Angeles-based misdemeanor court, requested Monday a $20,000 appropriation that would allow existing pro tem judges and a part-time court commissioner to handle more cases.

“What we’re asking for is not a new hire,” Porter told commissioners in a three-hour work session.

“We’re simply asking for the ability to use the pro tems that we have right now more than we do right now because we just don’t have the funds for it.”

Commissioners are expected to consider the request next Tuesday.

Authorizing the measure would free up $20,000 that could be used later in the year if the $42,620 the county budgeted for extra help in District Court 1 runs out.

The funds would be disbursed after a public hearing on a debatable budget emergency.

“If the case filings drop off, we can adjust to it and we don’t need to use it,” Porter said.

“If it stays where it’s at, at least we have the resources.”

Caseload

Citing 2015 statistics from the Administrative Office of the Court, Porter said he is handling the case equivalent of 1.63 judicial officers — more than any other district court judge in the state.

The judicial need in Clallam County District Court 1 was 1.56 judges in 2014, 1.34 judges in 2013, 1.41 judges in 2012 and 1.44 judges in 2011, according to state statistics.

The recent consolidation of law and justice services among the county and cities of Port Angeles and Sequim has borne new efficiencies but has had little effect on the caseload for the court, Porter said.

“I think the excess case­load seems pretty clearly documented,” Commissioner Mark Ozias said.

“It makes sense to me to reassess partway through the year and see where we’re at, but I’m certainly open to the concept.”

If commissioners approve the authorization, Porter would still be doing the work of 1.3 judges, he said.

“At a certain point, we get to a breaking point,” said Porter, who runs a full calendar every weekday morning and afternoon.

“As the presiding judge, I’m supposed to have time to be in the office and do administrative work in addition to doing all the regular research, writing opinions and so forth.”

The additional service would enable Porter to work in his chambers Monday afternoons.

It would also allow the court to dedicate more resources to probation, which often involves driving under the influence and domestic violence assault cases, Porter said.

“That’s really where it’s needed,” he said.

In response to the agenda item, which indicated that a part-time court commissioner was being considered, Clallam County District Court 2 Judge John Doherty emailed the board asking to be part of the discussion.

Doherty, who could not attend the work session because of his own court calendar, said cooperation between District Court 1 and Forks-based District Court 2 has suffered in recent years.

Find new efficiencies

“I would never suggest eliminating the two-district concept, but I do believe the county can find new efficiencies between the courts at a cost savings,” Doherty wrote in an email as read by Commissioner Mike Chapman.

“This is particularly applicable if the board is considering hiring a part-time court commissioner, the cost of which may exceed that of simply establishing the county as a two-judge county and simply dividing up the total work of the court.

“I think the time has come to engage all the court participants in such a discussion, and I would urge you not to take action on this item until a more encompassing assessment can be had,” Doherty said.

Chapman said he supported Doherty’s comments and directed staff to prepare a report outlining the process for combining the two courts into one.

Changing the district court system would require a redistricting committee and could be done only when the current judge terms expire at the end of 2018, Porter said.

“If we want to go down that road, I’d have no issue with that,” he said.

“My concern is, what are we going to do between now and then?”

Chapman suggested an April work session with both judges to take stock of the current system and explore the process of redistricting.

“It seems like [Doherty] is willing to engage in that conversation,” Chapman told Porter.

“If you are, too, this would be a good time to start that conversation.”

________

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

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