Intended Improvements
There is always room for improvement. Twenty years spent running three law firms and one government agency, supervising employees and managing businesses (not to mention raising a wonderful family and maintaining a successful marriage) have taught me this.
What if I were to tell you that I know how to quickly and easily:
*** Significantly Reduce Court Congestion,
*** Ease the Burden of Unnecessary Subpoenas and Court Appearances for both Law Enforcement and Civilian Witnesses and Participants, and
*** Improve Court House Security, all while
*** Increasing Access to the Courts for civil litigants and the general public and simultaneously enhancing Respect for the Rule of Law?
Not only do I know how to do all of this, but I can do it at either zero cost to the county and even at substantial savings to both taxpayers and private participants in our legal system. Moreover, these things can be done simply, easily and quickly.
Here are several suggestions on ways to increase the efficiency and accessibility of our local Superior Court.
1. PROMOTE CHEERFUL SERVICE
I cherish the opportunity to serve. As judge I will promote an atmosphere of "cheerful service" in the Courthouse. Optimism is contagious; our entire justice system will benefit from my good example. This is no small thing.
2. REDUCE COURT CONGESTION
There are several simple cost free ways to reduce court congestion, minimize inconvenience for both the public and law enforcement, and increase access to the courts for civil cases, all while reducing expenses and saving the taxpayers money. First, the current outmoded method of setting all cases for trials, subpoenaing witnesses and forcing witnesses and jurors to rearrange their lives just to accommodate the court's inefficiencies must come to an end. By simply postponing the scheduling of trial dates until after cases which will ultimately settle do so, we can avoid scheduling hundreds of unnecessary 'phantom' trial dates. In addition, by slightly rearranging our current court calendars, at no expense to anyone, we can substantially speed up the time it takes for cases to be processed on court days, thereby reducing public inconvenience and expense, while simultaneously improving security during court proceedings. Beyond that, we should be able to foster resolutions of cases at earlier stages by having the court take an appropriately pro active role in their processing. Island County Superior Court has the ability to authorize mandatory arbitration in civil cases, under RCW 7.06 (See MAR 1.2) If authorized by the judges, civil cases involving damages less than $50,000 can be moved to mandatory arbitration. Most counties have this system in place and it works extremely well to foster the speedy resolution of civil matters, thereby reducing court congestion.
This can all be done very, very simply at no expense to tax payers.
3. IMPROVE COURT HOUSE SECURITY
These days people are justifiably concerned with public safety. The Court House should be a safe haven for justice. With a few very simple and cost free changes we can improve court house safety while simultaneously improving access to justice and reducing costs for all who participate in our justice system. In addition to the suggestions I have for changing court procedures, a few small improvements to basic security are in order. These include issuing security passes to regular participants in our court system, paid for at their own expense, which will minimize the congestion at the front door on busy days, while allowing the security personnel to focus on those who merit their attention. Other small changes, such as regular security drills and mock exercises, are cost free and greatly enhance our ability to deal with possible problems should this ever become necessary.
4. IMPLEMENT CURRENT TECHNOLOGIES
We lag behind in the area of technological advances. This is a seemingly expensive and daunting obstacle. Yet, here again, there are several free or inexpensive solutions to the problem. Although the implementation of technological advances it is not totally under the judges' control, they can certainly lead by example. So far, the use of digital format briefs and pleadings is not actively encouraged. At a recent meeting of both judges, the suggestion to submit briefs by email was not approved, based on concerns about the problems with County email. There is a better approach. Email routing problems can be addressed in many different ways. To begin with, technology exists to allow the court to accept digital copies of briefs on disc, a practice which should be encouraged. Such small incremental improvements will foster more advances as people are encouraged to work together toward change, rather than being told that such change simply is not possible. Computers have changed our lives, whether we like it or not, and we need to adapt. I will work closely with the Clerks' Office, local attorneys and the Court House staff to implement these changes.
5. SUPPORT PUBLIC OUTREACH
The community needs to feel connected to its court system, and not only in a negative way. Judges need to be of the people, not above them. There are many simple and free ways to do this. One of the first things I would do as Judge would be to make a point of regularly walking through the front door. Simple. And free. Although opportunities for community outreach are actively promoted all over the State, our County has an unfortunate lack of attention to meaningful events such as Law Day, which brings the message of the Rule of Law and Fairness to our schools and gives young people an appreciation for Justice. Such activities greatly improve the Respect for the Law which should be fostered in our youth. There are many ways to further integrate the courts and the community, at no expense. Regular participation in the local bar is another example. Judges need to be accessible and present. I will be both. On a more basic level, I will endeavor to continue to communicate clearly with everyone who comes before me, helping them understand the procedures and including them in the process. This greatly enhances the public's perception of the fairness of our court system, thereby increasing Respect for the Law.
6. UTILIZE VOLUNTEERS
Volunteerism is alive and well in America. We need to utilize this fact, especially in a place like Island County, where there are so many talented and involved individuals of retirement age. There must be some retired lawyers (or judges) out there who would be happy to volunteer their time to supplement the court personnel at front of the courthouse, serving as facilitators for individuals needing special guidance. This approach is used successfully in hospitals, schools, on citizen patrols ...why not the court? This is especially true when we hear so much about how overworked and under funded the courts are. Such a program would add a bit of human contact at the point of contact with the public and would let security get back to their important work. We can also use law students, local high school students (where appropriate) and others to help supplement the strained resources of the court house.
7. CREATE A TEEN COURT
This is another wonderful way to improve public awareness of and appreciation for the functioning of our courts. There has been much discussion about the program called Teen Court, with people taking credit for its establishment and existence. As far as I know, it does not currently exist, despite the fact that both of my kids eagerly participated in a series of meetings several years ago when they were both still in high school. Now, three years later, the oldest is a Junior in college and the youngest is in his Senior Year, with no teen court yet in sight. I realize it is still being worked on, but it has taken three years and I do not believe there has been one session. This is unfortunate. My goal will be to have teen court up and running in a fraction of this time, so that interested students do not spend their entire high school years waiting for a program to come to fruition which never does. Frankly, this failure to the youth of our community is disappointing and I vow to correct this lapse by personally involving myself in this program and making sure it is created. When I am Judge, teen court will become a reality.
8. PERSONALLY MANAGE COURT OPERATIONS
As mentioned elsewhere there are many improvements that can be made if people only knew that they were needed. The current location of our judges away from the daily goings on in our Superior Court makes such improvement more difficult. It is hard to control what is going on up front when you are sequestered in the back. It requires an extra effort to integrate with the other employees. Simple things like using the front door occasionally to check in with the staff. I will involve all court staff in the day to day decisions which affect their work and their lives I will endeavor to regularly hold meetings just for the staff who work in the court house, and to involve everyone in the operations of the court, beginning with myself. Stopping by to chat with the staff when possible facilitates other incremental improvements in the court’s operations. Above all, Courthouse employees need to know that they are part of the process. Inclusion can encourage positive change at every level, and create a feeling of participation and “ownership” in the work place. I know this from my own extensive management experience. We have held regular lunch meetings in my offices for years, and I have found that the information I learn at these meetings is invaluable in helping me meet the needs of the staff.
Other small changes can make a big difference. Outside the courtroom improvements could be made by conspicuously posting notices of surveillance cameras, implementing volunteers to assist the public, and, above all, by generally fostering the atmosphere of "cheerful service" which means so much to me. The way a place looks is very important to its atmosphere. One of the first things I will do as Judge is to improve the look of the courtroom. This seems fairly simple and can be done at no expense to the tax payers. If I have to come down and paint the room myself, I will, using paint I buy with my own money. A few decent pieces of art would be nice, as well, and I am sure that our bountiful local artistic community could be readily approached to display items free of charge on a rotating basis, thereby further enhancing the connection between the Community and the Court. Hopefully we would be able to use some community service participants to assist in these projects. Although there are some restrictions on the use of community service hours, when they are legally allowed, I can think of no better way to encourage respect for the courts than to order defendants to perform community service there; I would gladly give up a weekend so that I could come in and assist. (Working on weekends is nothing new for me.) When people feel good about where they work, they feel better about themselves and reflect this in the way they deal with the public.
9. FOSTER PATIENCE AND UNDERSTANDING
Although the courthouse can be a stressful place, that does not mean it has to be miserable. It is possible through compassion, understanding, tolerance and patience to create an atmosphere where the parties involved understand what is happening and why it is happening. This is my goal as Judge. I am extremely good at this. I have spent my life explaining incredibly complicated legal problems to my clients so that they understand exactly what is happening on their cases and are able to make intelligent choices. My relationships with my clients are strictly confidential, but if you could ask them they would tell you that I have always treated them with patience and respect and that I work hard to help them understand their cases.
As judge it is possible to help people understand what is going on by explaining your rulings in a way that people can understand. This is not a movie where we are play acting roles. This is real life and people want to deal with a real person, even when that person has a great deal of power. I truly believe that it is possible to have many participants in court leave with the experience that justice has been served and fairness demonstrated, even though they may not prevail. I have had many clients who were facing very difficult resolutions of their cases, still thanking me profusely for my commitment to their representation. Although I don't expect any thank yous as judge (and don't want any), I want participants to feel that they have had a valuable experience and that they have been treated fairly and courteously.
10. LEGAL EXPERTISE AND SCHOLARSHIP
I have saved the best for last. I have dedicated my career to being the best lawyer I can be, and to encouraging scholarship in the law, whether training law review editors from Stanford, Harvard and Yale, or teaching other lawyers in my capacity as an expert in trial practice. I wish to involve our local courts in my personal pursuit of excellence. This is accomplished by demonstrating that the Rule of Law is an important and necessary component of our every day lives, critical to fostering respect for our way of life. All of the above components come together in this one concept: Cheerful Service, Reduced Court Congestion, Improved Security, Current Technologies, Public Outreach, Teen Court, Volunteerism, Personal Involvement of the Judges, and a Patient and Understanding Atmosphere will all contribute to a Court House environment where people will feel free to visit and learn about our legal system. I imagine a Court House where we all work together as a cohesive whole, a dedicated community working hard to promote the Rule of Law. In this environment, with reduced court congestion (and frustration), improved security (and reduced anxiety), better technology (and the time it saves), volunteers to increase public access and enhance legal scholarship, and public outreach programs, all wrapped up in an atmosphere of cheerful service and patience and understanding we will have an Island County Superior Court which will be a model for courts everywhere.
This is a major undertaking and will not occur overnight, although some changes can take effect immediately, such as the in custody calendar solution. In the end we will succeed. I pledge that if elected as your Judge I will work just as hard as a judge as I have worked as an attorney for all these years.
I have offered this input in the spirit of cooperation and improvement. If you have studied these suggestions and think they make sense, then I would welcome your vote. All I ask is that you base your decision on actual facts and concrete suggestions, as outlined here. If you do, I know you will make the right choice.
Thank you.