Archive for Judicial Administrative Functions

Supreme Court General Rule GR31A and GR31.1

Over the last year or so the Supreme Court has been working on revisions to General Rule 31A and presently GR31.1, the latter the public comment phase is about to expire and likely will be a public meeting or two before the Justices rule on this. Both of the General Rules deal with how the court discloses public records if not public then administrative court records (non case file documents).

Having minimal faith in our Judiciary to become more clear and transparent than a rock I have somewhat ignored the process, while it is a great importance I made the personal decision to more or less sit out GR31A and had planned on doing the same with GR31.1. However a couple months ago a met a man who was very passionate about this new rule and the positive aspects it could bring to his issue, we talked and later spoke on the phone at length. His provided me some insight and opinions which I having been embroiled in the Domestic Violence arena have not been exposed to, I must say it was quite refreshing on many levels.

The one thing I have come to realize is just how closed and opposed to disclosure our Judicial branch of Government is and I suspect there is a great deal for them to be ashamed of is full disclosure were to happen.

GR31 (1)

GR31.1 (1)

As normal course, even when time constraints do not allow I committed to reviewing GR31.1 and offering at least one public comment on the proposal.

After digging my brain into 31.1 I started drafting a Public Comment for submission, after completing what felt like seventy or eighty percent of my comment I took a break and came back to it an hour or so later when I noticed my word count was over 3800 words, better check to see if AOC has a word count limit, and yes the do it was 1500 words. After spending more time editing down my comment than writing it I was done and it was submitted

12-29-12 GR31_1 Chief Justice Barbara Madsen Comment 1

Fresh in my head are the countless defects with GR31.1 not the least of which is the simple fact a disgruntled requestor could all but bring the accountability arm CJC of the Judiciary to its knees from a title wave of complaints.

I could offer more on this but suffice to say a ill conceived proposal by our highest Judicial officers, again. All this could be avoided by accepting governance under the existing Public Records Act and following the Judicial Cannons.

Here are a few additional public comments made, most speak the same hollow words “We support Transparency in the Court, but…”

11-30-12 GR31_1 DMCJA Judge Durr Comment

On Behalf of Spokane County Superior Court

On Behalf of the Superior Court of the State of Washington for the County of King

Superior Court Judges’ Association-12-31-12

Superior Court of the State of Washington for Thurston County

Superior Court of Washington for Pierce County

Some comments from other agencies-

On Behalf of Allied Daily Newspapers of Washington

On Behalf of Association of Washington Cities – Washington State Association of Municipal Attorneys

On Behalf of Disability Rights Washington – David Lord

On Behalf of the American Civil Liberties Union of Washington

On Behalf of the Washington State Office of Public Defense

Justices denial of the public’s right to access is always more costly in the end.

Welcome to the SCJA

The SCJA is short for Superior Court Judges Association a Washington State licensed business, we are in no way affiliated with or a agency of the State of Washington, we provide fee based and no fee based Judicial accountability consulting, but here all you will find is plenty of free citizen focused resources all designed to enlighten the average person concerning the activities of our Judiciary.

Given the requirement we the people have for information about what our government is doing and how it conducts the business of the people this resource is born. The foundation of our republic is based on the principle that our government is for the people, of the people, and beholden to the people who created it not the other way around.

The last couple decades have brought enormous change to one branch of our government that has gone mostly unnoticed and has largely escaped public scrutiny, the Judiciary. Formation of many sub-groups from the “Board of Judicial Administration” (BJA), the “Administrative Office of the Courts” (AOC), to the re-animation of long since dormant associations (District, Municipal Court Judges), and “The Association of the Superior Court Judges of the State of Washington“.

The most powerful tool available to the average citizen is knowledge, simply put one cannot control abuse of power if that abuse is shielded from inspection, what information posted here should be considered bread crumbs because the Supreme Court in our state has decided, under the color of law, that they are somehow immune and exempt from the single most powerful tool created in the last 50 years by the people- The Washington State Public Records Act (codified as RCW Title 42.56).

RCW 42.56.030 The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.

Nothing contained on this website nor any comments are intended to be legal advise and should not be confused for such, the legal arena is a complex and often confusing place, will a lawyer help you or become part of the problem for your specific case I can’t answer that question. Knowledge is power and if you have to interact with the legal system learn everything you can, it is cheaper online than in front of a black robe. If you need legal help for your case please seek those professionals, usually a phone number for one can be found on the back of most transit buses.

Many mistakenly believe our Justice system is Adversarial in design and construction between only the litigating  parties, do not fool yourself because everyone in the Courtroom is your adversary and deserves to be treated as such, including all Judicial Officers present.

Protection of your rights is your responsibility, never forget. No Judge or Lawyer should ever be relied on to protect you and your family from abuse or deprivation of rights, question this statement- just ask any father who has been through the Family Law system in our State.

Whether your visit here today is based on being thrown into a unfamiliar and frightening family law courtroom, a legal researcher, a member of the Judiciary, or simply have a passing interest in our Judicial branch of government please accept my warm and sincere welcome and comments are always appreciated.

 

 

Chris Hupy, Principal
Superior Court Judges Association