Having trouble calling and getting a call answered by a Court? This document is the answer for you, contains many, many unpublished phone numbers to directly contact the court. I say unpublished only because these are normally only available to petitioners in family law matters.
The main focus of this site is to offer a omnipresent view of our Judiciary, but there will be a great deal of information concerning the area of Family Law because it comprises such a large percentage of the average user of the Court.
Family Law in Washington is governed by a combination of Statute, Supreme Court Rules, Local Court Rules, and Common Law or sometimes called Case Law, and the Constitution (both Federal and State).
Each is unique, each is relevant, as a litigant you should have a basic understanding of all.
Statute-
The most straight forward of them all, the Legislature passes bills which then become laws and are codified by the Office of the Code Reviser and find their way into the Revised Code of Washington. These are for the most part easy to read and understand because they are written in clear and plain language. For the most part Family Law is located in Title 26.
To the lay person going to court and reviewing a RCW dealing with the specific issue at hand and think “I have this in the bag Statute is black and white and there is no way I cannot prevail” only to have the Judicial Officer rule in the opposing parties favor at the hearing. Remember Judges have the power of Discretion and what that means is that if the Judge thinks it is in the best interest of Justice he/she can ignore Statute and barring a Constitutional violation the higher Appeal Courts can or will uphold that ruling.
Think of Statute as a guide, not something carved in stone.
Rules-
There are several set of Rules to be familiar with, the Supreme Court Rules which there are many but as for most everything in this site is geared towards Civil matters I will try and stay on that line, so Superior Court Civil Rules commonly called “CR” followed by a number (CR60 for example), these are a must know for going into Court. There are Supreme Court General Rules of Application, again many subsections but generally speaking the General Rules GR followed by a number and the Evidence Rules ER followed by a number are ones you should study. Then you will be expected by the Judge to know the Local Court Rules or LCR’s each Court is unique, most if not all Courts will have them published online, find yours and study them, a Local Judge won’t think twice about levying a $500 fine for mistakenly noting a hearing in front of the wrong Judge. Spend as much time as you can learning the rules because- The Judiciary has ruled that Court Rules trump Statute so if there is a conflict between the two Court Rule will prevail, but again the Judge has the power of “Discretion” if it is in the best interest of Justice to veer from them (and yes the pursuit of Justice may be ruling against you).
Think of Court Rules as being written in Ink.
Common Law or Case Law-
Common Law is sometimes called Case Law is it the culmination of previously entered Court ruling on cases which have similarities like subject matter, jurisdiction, or application (interpretation) of Statute or Law. Finding applicable case law for a pro se litigant is much harder, most attorney’s and the Judges have access to fee based services like West Law or Versus Law, but for most the financial commitments required are just not possible, one great fee resource for case law is Google Scholar takes some hunting around but it is a good tool. Some Superior Courts have Law Libraries which are open to the public and you can access the fee based services (computer time and/or copying charges may apply) I find that I do not like spending additional time in Courthouse to be pleasant, other than trolling the halls of the second floor. The power of Common Law can be found in RCW 4.04.010 and BTW this is one of the few Statutes the Judges hold dear to their heart. Chances are that if opposing counsel is raising solid case law arguments you may not prevail.
Common Law is Written in Ink although sometimes invisible Ink
The Constitution-
Both US Constitution and the Washington State Constitution apply always, but generally speaking for Civil matters in Washington rely on the local Constitution, the Federal Courts really go out of their way to defer Family Law Matters back down to State Court, so remember if you think you are going to file a Federal lawsuit against all the people who screwed you in State Family Law case you will scare nobody, the threat of a well publicized CJC complaint or starting your own website has more teeth than threat of Federal Civil Rights Lawsuit, my opinion.
The Washington Constitution is broken up into several Articles, generally I, IV are the ones to really know, and by know I mean you should be able to stand up at a moments notice during court and make the objection with the correct cite “I object your honor Debtors Prison was abolished Article I section 17 Washington State Constitution”.
Constitution is written in Stone.
A well written Motion or Brief will contain elements of all of the above as cited authorities, and typically in a family law case even a pro se litigant can write and argue on par with most lawyers. Family law lawyers really are not very good as a whole, they are successful for many reasons and usually gender of the litigants is the predetermination factor, sorry men.
If you have a lawyer representing you before you just blindly sign the response to OC (Opposing Counsel) motion and email it back take a few minutes and review it, look for case law cites make sure they included at least one Constitutional cite, and make sure what made it onto the declaration are your words.
One of the reasons Family Law has a reputation for defects and poor rulings is because the lawyers who argued similar cases years before you made shit arguments and never were successful at the Appeal Court level and case law evolved from there. Where are those lousy lawyers from 10 years ago now? Chances are today they are the same person sitting in front of you wearing a Black Robe, lousy lawyers make lousy Judges and guess who picks the Judges? Your local BAR Association Judicial Selection Committee (KCBA is here).
After getting clobbered in Court try and focus your frustration at the responsible party, it is not your child’s other parent, it is not your lawyer (well maybe it is in part), it is not opposing Counsel (well maybe it is in part) it is the Black Robe, the system is created by design not happen-chance and the Judges are the architects.
Finally remember a Black Robe does not make a Judge, address all Commissioners as Commissioner they have not earned the right to be addressed as Judge.
Here is a list of websites I use almost everyday, pro se litigants should take note of all of these you will need them-
Google Scholar -Research Case Law, try searching by RCW number or specific phrase “elder abuse” “Domestic Violence” “Protection Order” etc. Not as good as West Law or a paid service but it is free.
Washington State Constitution – Old but relevant, remember that when considering a appeal of a Superior Court ruling the COA has discretion and is not required to hear a case involving only Statutory (RCW) violations, but as with the Supreme Court Constitutional Violation reviews are mandatory.
RCW – Specifically Title 26 Domestic Relations, Title 42.56 Public Records Act, Title 2 Courts and the Judiciary, Title 42.20 Misconduct of Public Officers.
Washington Courts – Specifically the Docket search function, on the left side of the page click “Search Case Records” on the next page click “Name Search” I find the case number search function to be hit or miss. Court Rules section is a must use for anyone who is in Court, if you don’t know the rules life can be hard. Generally the CR (Civil Rules) rules for Superior Court will be the one you need to know and to a lesser degree for everyday Courtroom visits the GR (General Rules) apply.
WBAR Lawyer Directory – Look up your favorite lawyer, get business address, contact information, email address, also can be used to look up Judges and often the Judges Bailiff is a BAR member. Always a good idea if you are talking to some State or Local employee to check and see if they are a lawyer.
RPC – Rules of Professional Conduct, these are the rules which govern the conduct of lawyers. If you deal with a lawyer either as a client or face opposing counsel in Court matter you need to know these rules well, can’t hold any professional accountable if you do not know the rules.
CJC – Think your Judge violated a Judicial Cannon or two these are the people who you need to report it to. Once you report the complaint there likely will be no more information from them as there is confidentiality built in for the Judges and CJC is immune from the PRA. That being said if you file your initial CJC correspondence (Complaint) on your family law case it is always in a handy place to reference it.
Judicial Cannons – These are the only rules of conduct a Judge must adhere to, and to answer the question “My Judge made a shit ruling can I file a complaint against him?” you can but it is a waste of time, bad rulings are just that and you would need to seek redress from a higher court. A good CJC complaint is a clear violation of a Cannon so you need to know what they are, read them.
DOH – Department of Health Provider Credential Search, it seems like the Family Law Commissioners and Judges have a overactive desire to Order specific personal health care services, DVTP for example is Mental Health Psychotherapy it is Health Care and it is governed by HIPPA. Make sure your provider is licensed by DOH, many GAL’s and Parenting Plan Evaluators are not licensed, if they are not regulated then they cannot make mistakes, insist on at a minimum of a DOH license and a PhD level is highly preferred.
RCW Title 18 – This is the section that covers Health Care providers and/or misconduct. Several sections RCW 18.19 covers counselors, RCW 18.120 covers regulation, RCW 18.122 Uniform Administrative Provisions (this is the nuts and bolts of how your provider can appeal any complaint findings), RCW 18.130 this is the one you should pay close attention to because this spells out what actionable health care provider misconduct is. A complaint saying “My Health care provider is a hack..” is not is a non starter, but “my DVPT provider subjected me to Mental Health Psychotherapy without a diagnosis I suffer from a medical condition which would benefit from said treatment regimen” has teeth under Standard of Care and Ineffective and Unnecessary Treatment. Remember DV Perpetrator is not recognized by the DSM IV as a “condition” as such no legitimate cure exists.
RCW Title 19.86 – Unfair Business Practices – Consumer Protection Act, the CPA does subject Health care worker and Social Workers as long as they are licensed by the DOH, RCW 18.320.020 spells it out. Another great reason to demand any and all so called “professionals” Court Ordered onto your case be properly qualified and licensed. Demand it as a minimum settle for nothing less, you and your family deserve it.
Washington State Court Pattern Forms – If you are still running on the Hamster Wheel and litigating your case the Courts generally require the use of their specific forms, all (or most all) required forms are listed at the AOC in a downloadable format so you can populate the form on your computer.
WAC 388-60 – The only rules which apply to Domestic Violence Perpetrator Treatment Programs, weak and unenforced by the DSHS. DSHS DVPT program Manager is Maureen Kelly her emails are maureen.kelly@dshs.wa.gov and kelm300@dshs.wa.gov, her phone number is 360-902-7901 she rarely answers her phone so expect to leave a message. DSHS devotes 1/2 of one employee per month to the management of the DVPT programs. She is under supported, under qualified, and generally a worthless resource but I do not want to predispose anyone’s opinion so judge for yourself.
King County Recorders Office – Great resource for looking up property transactions, typically in a dissolution case everything for the last 7-10 years will be brought up, and if you were removed from the house via a DVPO you can bet opposing counsel will be sending you 75 pages of interrogatories to frustrate you because you can’t get back into the house to get the document to satisfy the discovery request, and if you don’t produce likely a contempt finding or abusive use of conflict both are terrible and will haunt you for years. Also can be used to identify title real property assets, foreclosure information and marriage licenses. Most documents are online and can be downloaded for free, Hum makes you wonder why the Court Clerk Documents are all fee based.
Snohomish County Recorders Office – Same as King County above, just for SnoCo.
Washington Association of Prosecuting Attorneys – This Association has some useful information, this link provides some information on utilization of search engines, this Link has a somewhat small listing of Manuals including the 2012 Prosecutors’ DV Manual, 2012 WAPA KCPAODV Manual 12.11.14.
It can be confusing keeping track of all the acronyms used by the Judiciary so here is a list, I am sure this will be a ongoing updated post, so check back.
10.99 – RCW Criminal Domestic Violence
26.50 – RCW Title 26.50 Family Law Domestic Violence
191’s – RCW 26.09.191 Restrictions in Permanent Parenting Plans
388-60 – WAC Which applies to the DV Perpetrator Treatment
1983 – Subsection 1983 Title 42 United States Code / Civil Action for Deprivation of Rights
1985 –Subsection 1985 of Title 42 United States Code / Conspiracy to Interfere with Civil Rights
ABA – American BAR Association
ACLU – American Civil Liberties Union
ADA – Americans with Disabilities Act
AG – Washington State Attorney General
AOC – Administrative Office of the Courts
ATJ – Access to Justice Board
BJA – Board of Judicial Administration
BPD – Borderline Personality Disorder
CA – DSHS Children’s Administration
Cannons – Judicial Cannons (Codes of Conduct)
CJC – Commission on Judicial Conduct
COA – Washington State Court of Appeals
CPA – Consumer Protection Act (Yes DOH Licensed Health Care Workers are Subject to the CPA)
CPS – DSHS Department of Child Protection Services
CR – Washington State Supreme Court Civil Court Rules
DAWN – Domestic Abuse Women’s Network
DJA – Department of Judicial Administration
DMCJA – District and Municipal Court Judges Association
DOC – Washington Department of Corrections
DOH – Washington State Department of Health
DOJ – United States Department of Justice
DOL – Washington State Department of License
DOR – Washington State Department of Revenue
DSHS – Washington State Department of Social and Health Services
DSM – DSM IV TR Diagnostic and Statistical Manual of Mental Disorders
Duluth – Duluth Model of Domestic Violence
DV – Domestic Violence as defined by RCW 26.50.010
DVPO – Domestic Violence Protection Order
DVPT – Domestic Violence Perpetrator Treatment
EDVP – Eastside Domestic Violence Program
ER – Washington State Supreme Court Evidence Rules
Evaluation – A clinical Evaluation with measurable Forensic Protocols normally conducted by a PhD level Professional
FBI – Federal Bureau of Investigation
FCS – Family Court Services
General Fund – Refers to Washington State Government General Revenue Fund
GJC – Gender and Justice Commission
HHS – US Department of Health and Human Services
HIPAA – Health Insurance and Portability Accountability Act of 1996
JIS – Judicial Information System
KCBA – King County BAR Association
KCBA FLS – KCBA Family Law Section
KCCADV – King County Coalition Against Domestic Violence
KCSC – King County Superior Court
KingCo – King County Washington
Kool-Aid – Term referring to blindly following instructions to your own personal detriment sometimes called “drinking Kool-aid” or “Kool-Aid drinkers” when referring to others.
LCR – Local Court Rules
LMHC – Licensed Mental Health Counselor
MD – Medical Doctorate Degree / Physician
Meretricious – A Term Created by the Court referring to a Stable and Committed long term relationship, recently has been replaced by the term “Loving and Committed Relationship” in essence “Common Law Marriage”
MSW – Masters Degree in Social Work
NBCC- National Board of Certified Counselors
NCO – Criminal No Contact Order
NWADVTP – Northwest Association of Domestic Violence Treatment Professionals
OCLA – Washington Office of Civil Legal Aid
OCVA – Washington Department of Commerce- Office of Crime Victim Advocacy
OFM – Washington State Office of Financial Management
OJA – Office of Judicial Administration
OVW – US Department of Justice Office on Violence Against Women
PAS – Parental Alienation Syndrome
PD – Police Department
PDC – Public Disclosure Commission
PDO – Agency Public Disclosure Officer
PDR – Public Disclosure Request
PhD – Doctorate Degree Level
PLB – Washington BAR Practice of Law Board
Power and Control Wheel – Part of the Duluth Model
PRA – Washington State Public Records Act
PRR – Public Records Request Agency Response
RCW – Revised Code of Washington State
RO – Restraining Order non DV related
RPC – Lawyer Rules of Professional Conduct
SCOMIS – Superior Court Management Information System
SLL – Washington State Law Library
SnoCo – Snohomish County Washington
SOS – Washington State Secretary of State
STOP Grant – Federal Domestic Violence Monetary Grant – VAWA Funds
SW – Social Worker
TCSC – Thurston County Superior Court
Temp Order – Temporary Court Orders put in place at initial filing of legal action. Generally Civil Actions Dissolution, Custody, DVPO, Meretricious
Triangulation – Also Called Parental Alienation Syndrome
UCCJEA – Uniform Child Custody and Jurisdiction Enforcement Act
VAWA – Violence Against Women Act
WA-AFCC – Washington Association of Family and Conciliation Courts
WAC – Washington Administrative Code
WADOC – Washington Department of Commerce
WADVC – Washington Domestic Violence Commission
WCSAP – Washington Coalition of Sexual Assault Programs
WSCCR – Washington State Center for Court Research
WSIPP – Washington State Institute for Public Policy
WSCADV – Washington State Coalition Against Domestic Violence
WBAR – Washington State BAR Association
WSSC – Washington State Supreme Court
WSP – Washington State Patrol