Challengers take aim at Porter at district judge candidate forum

PORT ANGELES — In what’s turning into a two-against-one race, two challengers at a forum this week criticized incumbent Clallam County District Court 1 Judge Rick Porter for his attitude and his signature program, a pay-or-appear system that pushes offenders to pay fines or go to jail.

The Tuesday night forum, hosted by the League of Women Voters of Clallam County, was in the Port Angeles library’s Raymond Carver Room and was attended by an audience of about 100.

Tim Davis of Port Angeles, a state assistant attorney general, and Pam Lindquist of Port Angeles, a private-practice lawyer, took aim solely at Porter.

The three are running in the Aug. 17 primary election, which will narrow the race to two for the Nov. 2 general election.

Primary ballots will be mailed to voters in the all-mail-ballot election Wednesday.

“I was aware of problems in the court, and those problems have to do with the decorum of the court,” Davis said.

“I believe I can bring a breath of fresh air to District Court.”

Lindquist, speaking frequently in a quavering voice, said a “fair forum” allows defendants to feel accountable for their actions so they have no one to blame but themselves, Lind ­quist said.

“It won’t happen if they see a court that is not a place of integrity and professionalism.”

Davis, 59, and Lindquist, 42, also said Porter’s pay-or-appear program inflicts unfair and high charges on jurisdictions that must pay Clallam County for costs associated with keeping fine-scofflaws behind bars, costs pegged at $70 a day for the city of Port Angeles.

Stands by program

Porter, 51, stood by the program and made no apologies for his conduct in court.

“I am proud to be known as a tough judge,” Porter said.

“My job is to hold offenders accountable.”

Porter said that he has presided over an estimated 125,000 hearings during the last 7 ½ years and that the pay-or-appear program generates $1.4 million to $2.4 million a year in fine-related revenue for Clallam County.

Under the program, if an offender doesn’t make payment on a fine, the person must appear before Porter with an explanation.

For offenders who do not pay and do not appear, an arrest warrant is issued — and they could spend a night in jail.

Pays for programs

Program proceeds pay for drug and alcohol treatment programs and domestic violence prevention, Porter said.

When he defeated longtime incumbent John Doherty in 2002, Porter criticized District Court 1 for spending $200,000 more than it was generating in revenue.

Collection agencies did a poor job in collecting fines that could resolve that problem, he reasoned then, an assertion he repeated Tuesday night.

Porter won a second term unopposed in 2006.

But the program has come under intense scrutiny during this election cycle.

Jail costs

Jail costs for the city of Port Angeles were $313,803 in 2008 and $404,000 in 2009, when the city collected just $274,000 in fines, Port Angeles Assistant City Attorney Dennis Dickson said Wednesday.

Jail-related expenses from January through June this year have already hit $279,823, Dickson said.

“The increases that have are shown here, the dramatic increases, come in part from the cases brought back in on the pay-or-appear program,” he said.

Dickson said there were almost 800 pay-or-appear arrest warrants issued in the first half of this year, “more than any other categories of warrants.”

Jail Superintendent Ron Sukert said Thursday each pay-or-appear arrest generates a whole new booking process for repeat offenders.

“It’s a booking and housing and care issue,” he said. “You have a kind of a revolving door with the pay-or-appear folks, because oftentimes they do not pay, and there is a fine or additional sanctions imposed.”

On Thursday, none of the 107 inmates at the 120-bed Clallam County Jail were there on pay-or appear warrants.

Over the last 30 days ending Thursday, 23 inmates were incarcerated on pay-or-appear warrants, about 6.7 percent of the 343 bookings, or a little fewer than one a day, most of whom spend at least a night in jail until they can appear before Porter with an explanation.

“The sticky part is Fridays, when they stay for three days,” Sukert said.

“It’s that old adage: What price justice?” Sukert said. “It seems to me like we’re spending significant dollars on one end in order to reap a few dollars on the other.”

Collection agency

Davis suggested using a collection agency in a system similar to Kitsap County’s, adding on Wednesday that he was not advocating eliminating the pay-or-appear program but would review it if elected.

“Collections don’t work,” Porter insisted. “It’s incredibly ineffective. All you have to do is hang up on [a collections agency].”

But Davis said Kitsap is happy with its system.

Lindquist, meanwhile, has suggested using payroll deductions to pay fines, a monthly payment schedule that would be reviewed at least every three months, and potential jail time.

In a lighter moment during the forum, Porter noted that a new state record-keeping system would eventually eliminate most paper records in favor of electronic records and would save trees in the process.

“I support the lumber industry,” Lindquist responded, smiling. “It’s good to chop down trees. They grow pretty well around here.”

________

Senior Staff Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.

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