PORT ANGELES — Incumbent Clallam County District Court 1 Judge Rick Porter defended the pay or appear program he implemented and lauded efficiencies of his court Monday in a candidates’ forum hosted by the Port Angeles Regional Chamber of Commerce.
Tim Davis of Port Angeles, a state assistant attorney general, and Pam Lindquist of Port Angeles, a private-practice lawyer, said the pay or appear Porter started when he took office in 2003 is flawed.
The pay or appear system requires offenders to pay fines, do community service work or explain to the judge why he or she can’t pay.
The other option is spending a night in the Clallam County jail.
“Who fails in pay or appear?” Davis asked.
“Typically the indigent individual.”
Aug. 17 primary
The Aug. 17 primary election could narrow the race to two candidates for the Nov. 2 general election.
However, if Porter, Lindquist or Davis garner more than 50 percent of the primary vote, he or she will head straight to the bench without a contest in the general election.
Primary ballots were mailed to voters last Wednesday.
Porter said the court was losing about $200,000 per year when he took office. He said the program has turned the financial tide.
He added: “The most important thing about pay or appear has nothing to do with the money.
“Yes, it generates a great deal of money,” Porter said.
“It has increased the revenue from $1.4 million to $2.4 million over the course of the time I’ve been a judge.
“But the most important thing is not that. The most important thing is that it holds offenders accountable.”
Porter said it is “absolutely essential” that a defendant is made to follows through on fines or treatment requirements. He said the collection agencies used by his predecessors were “ineffective” compared to pay or appear.
Community service
When the economy tanked a few years ago, Porter said he modified the program to allow defenders who can’t pay their fines to do community service.
That change has resulted in 1,500 more hours of community service per month.
Furthermore, the incumbent judge told business leaders at Port Angeles CrabHouse Restaurant that a new law requires courts to have a program that allows defendants to get their driver’s licenses back.
“Without a pay or appear program, we were going to have to come up with something else that is going to be just like that because we are now mandated by the legislature to in fact have that program,” Porter said.
He went on to say that the county’s DUI drug court — the first of its kind in the state — has had “too many graduates to count.”
“We have yet to have one of those high-risk DUI offenders that’s ever committed another DUI,” he said.
In terms of court efficiency, Porter said it took an average of 126 days to take a case from filing to trial when he took the bench. He said that lag time has been cut to 42 days.
Court demeanor
Davis countered Porter by saying that efficiency alone isn’t justice.
“There’s a problem in District Court, and it has to do with the demeanor in the court,” Davis said.
“It’s a place where there are serious problems. It’s a place where all manner of people — prosecutors, defense attorneys, litigants, people who appear in there — are sometimes demeaned by the court.”
Davis said the pay or appear program comes with costs.
“If that person fails to appear, then a warrant is issued to that person without any notice whatsoever,” Davis said.
He said the program carries hidden costs like transporting violators to jail and court time.
Lindquist said she has worked on all sides of the legal system, building up knowledge, experience and skill set to become a judge.
“I have demonstrated a willingness to consider all sides,” Lindquist said.
“This experience makes me uniquely qualified to hear legal arguments on all sides with fairness and impartiality.”
She said there are “conduct issues” in the district court, especially in cases related to domestic violence and drug and alcohol abuse.
Lindquist said the cost of pay or appear is not her main concern.
“Jail time for people who refuse to comply with a court-ordered fine when they have the ability to pay is appropriate,” Lindquist said.
“But the current program does not, in my opinion, meet the requirement needed for due process.
“My solution is to take the monthly bill collecting out of the judicial calendar and only use that avenue for those refusing to pay.”
If elected, Lindquist said she would implement new measures to track the court’s performance.
The three candidates agreed that the time it takes to go door-to-door has been a difficult part of campaign.
Too political
The candidates did not directly address allegations that Porter moved an opponent’s campaign sign last month, but they agreed that the race has become too political.
Porter, Davis and Lindquist agreed that the elected judge should be fair and impartial.
No charges will be filed in the controversy over the campaign sign.
The nonpartisan District Court judges in Clallam County serve four-year terms.
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.
