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\n\n\n\n\n\n\nby SARA GENTZLER.<\/strong> (5-21-20)\n\n\n\n\n
\n\n\n\n\nThurston County District Court is responsible for handling a wide range of issues, from misdemeanor criminal allegations to traffic tickets and protection orders.\n\n\n\n\n
\n\n\n\n\nThey\u2019re the types of cases and procedures that draw large numbers of people to a courtroom. Obviously, under today\u2019s coronavirus-related public health guidance, that presents a challenge.\n\n\n\n\n
\n\n\n\n\nIn mid-March, Thurston County Superior and District courts suspended jury trials<\/a> and minimized other in-person court appearances. The most recent emergency order<\/a> from the state Supreme Court suspends jury trials in courts statewide until at least July 6.\n\n\n\n\n
\n\n\n\n\nFor weeks now, local district court officials and staff have been experimenting with new ways to administer justice while maintaining social distance and chipping away at a growing backlog of cases. In mid-April, they began live-streaming hearings.\n\n\n\n\n
\n\n\n\n\nThe first day, YouTube took down the court\u2019s video. The court sent an appeal, and it was reinstated within a day, said District Court Administrator Jennifer Creighton. As it turns out, YouTube made a mistake.\n\n\n\n\n
\n\n\n\n\n\u201cWith the massive volume of videos on our site, sometimes we make the wrong call,\u201d a YouTube spokesperson wrote in an email to The Olympian. \u201cWhen it\u2019s brought to our attention that a video has been removed mistakenly, we act quickly to reinstate it. We also offer uploaders the ability to appeal removals and we will re-review the content.\u201d\n\n\n\n\n
\n\n\n\n\nIt was a blip, court officials say, in an otherwise successful launch of an effort to maintain transparency and public safety. Now, in trying new tactics to address that basic problem \u2014 how to meet the district court\u2019s many obligations during a pandemic \u2014 Presiding Judge Brett Buckley and Court Administrator Creighton say they\u2019re discovering promising long-term strategies for the court.\n\n\n\n\n
\n\n\n\n\n\u201cIn coming up with solutions to the problems we\u2019re having now, we\u2019re also seeing different ways of doing our business from here forward,\u201d Judge Buckley told The Olympian.\n\n\n\n\n
\n\n\n\n\nHOW VIRTUAL COURT WORKS\n\n\n\n\n
\n\n\n\n\nThe doors to the courthouse on Lakeridge Drive Southeast in Olympia are locked. Inside, when it\u2019s time for a typical virtual hearing, a judge and a court clerk sit in a physical courtroom. The judge joins a Zoom meeting along with all other participants \u2014 lawyers, victims, interpreters, defendants \u2014 who join from wherever they are.\n\n\n\n\n
\n\n\n\n\nPeople often appear from their homes, cars, or jail, Creighton told The Olympian. In one anti-harassment hearing, a respondent tuned in from Tennessee.\n\n\n\n\n
\n\n\n\n\nThe hearings stream live, with the now-familiar \u201cBrady Bunch\u201d line-up of faces, on one of two YouTube channels: a general channel for the court, and another for mental health and veterans court.\n\n\n\n\n
\n\n\n\n\nThe court has been gradually growing its online presence: It started by streaming change-of-plea hearings. Mental health and veterans court were later added to the calendar, then hearings for protection orders and defendants who are in jail. Now, it\u2019s hearing virtual arraignments and working on virtual small claims court and name changes.\n\n\n\n\n
\n\n\n\n\nThe nature of a virtual proceeding has led the court to introduce some new precautionary measures, Creighton said. People don\u2019t publicly state their addresses or phone numbers, for instance, and the court asks victims to use virtual backgrounds or to make sure their backgrounds don\u2019t hold any clues that might indicate where they are.\n\n\n\n\n
\n\n\n\n\nSO FAR, MOSTLY PROS, FEW CONS\n\n\n\n\n
\n\n\n\n\nIn an interview with The Olympian, Judge Kalo Wilcox said one downside of the virtual hearings is the lack of human contact. Creighton also says there\u2019s a learning curve for using the technology \u2014 that things are taking a bit longer right now as participants adapt. There are new questions to answer, such as how to securely pass documents to collect signatures in civil cases and how to make accommodations for people who can\u2019t appear remotely.\n\n\n\n\n
\n\n\n\n\nBut, overwhelmingly, court officials laud the new system\u2019s efficiency.\n\n\n\n\n
\n\n\n\n\nFor example, it\u2019s made it easier for someone with a traffic ticket to make it to their hearing. Rather than taking an afternoon off work to wait for their ticket to be called, Creighton said, they can now submit a statement online \u2014 or, if they want a hearing, they can do it over Zoom in 15 minutes.\n\n\n\nIn the past, Creighton said, the court would sometimes have to pay for some language interpreters to travel from out-of-town. Now, they can video in.\n\n\n\n\n
\n\n\n\n\nThere\u2019s also an upside to parties not having to meet in person: Often-contentious anti-harassment hearings have lost their edge, Buckley and Creighton say. With people stating their cases virtually, parties aren\u2019t trying to provoke each other.\n\n\n\n\n
\n\n\n\n\nAbout 20-30 people will tune in to watch a given court hearing online now, Buckley said \u2014 not a huge number, but many more than the few observers who would wander into the courtroom before. His conclusion: This might actually improve public access.\n\n\n\n\n
\n\n\n\n\nSo far, attendance hasn\u2019t been an issue. Most have incentive to do so: They are in jail, resolving cases, or attending therapeutic court.\n\n\n\n\n
\n\n\n\n\nThe court\u2019s just starting to host virtual arraignment hearings, where charges are read aloud and a defendant enters a plea. Whether those hearings will present attendance issues is yet to be seen \u2014 but, the first arraignments had just two no-shows out of 12, Creighton said, which she called a \u201ctypical\u201d rate.\n\n\n\n\n
\n\n\n\n\nThurston\u2019s district court isn\u2019t the only judicial body taking its business online, but officials say it was early in doing so.\n\n\n\n\n
\n\n\n\n\nThe state Supreme Court held its first fully remote oral arguments on April 23, broadcast live by TVW and live-streamed on its website.\n\n\n\n\n
\n\n\n\n\nA Washington Courts virtual court directory<\/a> shows the Court of Appeals Division II is also live-streaming virtual hearings, and that courts in at least 15 of Washington\u2019s 39 counties are holding virtual court, including several courts in Pierce County, Grays Harbor Superior Court, and Chehalis and Napavine municipal courts in Lewis County.\n\n\n\n\n
\n\n\n\n\nCreighton and Buckley say they\u2019ve been asked to present on statewide and nationwide webinars.\n\n\n\n\n
\n\n\n\n\nPREPARING FOR A BACKLOGGED FUTURE\n\n\n\n\n
\n\n\n\n\nEarlier this month, Creighton reported the District Court had a backup of 436 arraignments, 160 of which are scheduled for virtual hearings in the next month or so. There was a backlog of 224 probation violation hearings, and about another 1,500 criminal hearings to reschedule, plus almost 900 infraction hearings, Creighton said.\n\n\n\n\n
\n\n\n\n\nThe court aims to reopen June 15, but it will look entirely different than it did before the shutdown, in part due to public health guidance and in part due to what they\u2019ve learned in the interim.\n\n\n\n\n
\n\n\n\n\nThe courthouse had been crowded for a long time \u2014 four judges, three courtrooms. Now, they essentially have a fourth, virtual courtroom at the court\u2019s disposal, Buckley said. That will help with prioritizing cases that have been on hold.\n\n\n\n\n
\n\n\n\n\nEven when courts reopen, people who have been cited with a traffic ticket and want to contest it will still be able to handle it online, either by a submitted statement or via Zoom, Buckley and Creighton said.\n\n\n\n\n
\n\n\n\n\nKnowing that social distancing will be key, Judge Buckley said a courtroom that normally holds 40-50 people will likely now hold 8-10, all of whom will be people there to appear in court. Family, observers, and media may be able to tune in to a live stream.\n\n\n\n\n
\n\n\n\n\nIn short, how the court and its staff have adapted to cope with the pandemic may fundamentally change the way things work there.\n\n\n\n\n
\n\n\n\n\n\u201cI would be shocked if we don\u2019t continue online hearings not just for the life of the virus, but for the life of the court,\u201d Buckley said.\n","protected":false},"excerpt":{"rendered":"
by SARA GENTZLER. (5-21-20) Thurston County District Court is responsible for handling a wide range of issues, from misdemeanor criminal allegations to traffic tickets and protection orders. They\u2019re the types of cases and procedures that draw large numbers of people … Continue reading