foster children 
 

Giving Our Most Vulnerable Children Greater Priority in Our Court System

Children in foster care do not have the luxury of putting their lives on hold while the court system struggles with crowded calendars. Decisions about where a dependent child will live, whether that child can safely return home, visitation, services, and ultimately permanency require judicial oversight.

Washington law recognizes the importance of timely judicial review. RCW 13.34.138 requires the status of children found dependent to be reviewed by the court at least every six months. The initial review must be an in-court review and is subject to specific statutory deadlines.

These are decisions that require the involvement of the court.

At the same time, Superior Court handles many other matters, including divorces and other domestic-relations cases. Some contested family-law issues can appropriately be resolved or narrowed through mediation rather than requiring a judge to decide every disagreement.

My goal as Clark County Clerk would be to work collaboratively with Superior Court, Clark County government, attorneys, mediators, and community partners to expand practical access to mediation and dispute-resolution services for appropriate cases.

The goal is simple: resolve disputes that can be resolved by agreement before they consume scarce judicial time, while preserving every person's right to due process and access to the courts.

WASHINGTON LAW ALREADY SUPPORTS FAMILY LAW MEDIATION

Washington law expressly provides for mediation in family-law proceedings.

RCW 26.09.015 provides that contested issues in proceedings under Washington's dissolution law may be set for mediation before, or concurrently with, a hearing. The statute also provides that:

“Each superior court may make available a mediator.”

Mediation gives people an opportunity to reach agreements without asking a judge to decide every contested issue. When mediation succeeds, the parties can narrow or resolve disputes and reduce unnecessary litigation.

Mediation is not appropriate in every case. Cases involving domestic violence, abuse, safety concerns, complex legal issues, or disputes that cannot appropriately be resolved by agreement must continue to receive the judicial attention and legal protections they require.

This proposal would not eliminate anyone's right to a judge or due process.

WASHINGTON LAW PROVIDES FOR DISPUTE RESOLUTION CENTERS

The Washington Legislature created a statutory framework for Dispute Resolution Centers under Chapter 7.75 RCW.

The Legislature recognized that many disputes can be costly and complex when handled through the traditional adversarial court process and provided a framework for dispute-resolution services as an alternative for appropriate disputes.

Under RCW 7.75.020, a Dispute Resolution Center may be created and operated by a county, municipality, or qualifying nonprofit organization. The law provides for approval by the appropriate county or municipal legislative authority and establishes requirements governing dispute-resolution programs.

Clark County has already established a Dispute Resolution Center framework under Clark County Code Chapter 2.17, pursuant to Chapter 7.75 RCW.

That means we do not need to start from scratch. We should build upon the legal framework Washington and Clark County already have and make dispute-resolution services more accessible to people interacting with our court system.

HOW I WOULD IMPLEMENT THE PLAN

As Clark County Clerk, I would bring together Superior Court leadership, the Clark County Council, attorneys, mediators, existing dispute resolution providers, and appropriate community organizations to develop a coordinated pathway for suitable family law disputes.

People entering the court system should receive clear information about available mediation and dispute-resolution services early in the process rather than having to navigate multiple agencies on their own.

I would advocate for accessible mediation services connected closely with the courthouse and Clerk's Office while respecting the authority of the judges and the legal rights of every litigant.

I would also work to identify administrative barriers that cause unnecessary delay, improve information available to self-represented litigants, and use appropriate non-confidential administrative data to determine whether reforms are reducing unnecessary court appearances and improving efficiency.

The County Clerk cannot unilaterally order a judge to send a case to mediation. My responsibility would be to use the Clerk's administrative position and knowledge of court operations to work collaboratively with Superior Court and county government to build a better system within the authority provided by Washington law.

HOW THIS CAN HELP FOSTER CHILDREN

Dependency cases are fundamentally different from ordinary disagreements between divorcing spouses.

A mediator may help willing parties resolve appropriate family-law disputes. A mediator cannot replace the judicial oversight required in a dependency proceeding.

Under RCW 13.34.138, judges must conduct continuing reviews of dependent children's cases and make important determinations concerning placement, services, visitation, continued court supervision, and progress toward permanency.

Every hour of judicial capacity matters.

When appropriate family disputes can be resolved or narrowed through mediation, judges can devote more of their limited courtroom time to matters that genuinely require judicial intervention—including dependency cases involving vulnerable children.

I will not promise that mediation can eliminate every court delay. It cannot. But responsible court administration requires us to look for every lawful opportunity to resolve disputes efficiently while protecting due process.

Families capable of reaching an agreement should have meaningful tools to do so. Children whose futures require a judge's decision should have timely access to the court.

THE CONSTITUTIONAL AND STATUTORY ROLE OF THE COUNTY CLERK

The Clark County Clerk is an independently elected constitutional officer whose office performs essential statutory functions for Superior Court.

Under RCW 2.32.050, the Clerk's statutory responsibilities include maintaining the seal and records of the court, recording court proceedings, filing papers delivered for court proceedings, attending court as required by law, administering oaths, and performing other duties prescribed by law.

The Clerk's Office receives and maintains Superior Court records and filings across civil, criminal, family-law, probate, guardianship, adoption, mental-health, dependency, and juvenile proceedings.

These responsibilities place the Clerk's Office at the administrative center of virtually every Superior Court case.

The Clerk does not decide cases, direct judges, or exercise the judicial authority of Superior Court. But the Clerk can provide strong administrative leadership, improve Clerk's Office processes, improve public access to court services, and work collaboratively with judges and county government to improve how citizens interact with the justice system.

THE CLERK’S ROLE IN LEADING COURT IMPROVEMENT

The County Clerk is not a judge and does not have the authority to decide cases or direct judges. However, the Clerk is an independently elected officer with substantial statutory responsibilities for the Superior Court Clerk’s Office. Under RCW 2.32.050, the Clerk’s duties include maintaining court records and files, recording court proceedings, filing court papers, maintaining minutes, entering orders and judgments under the direction of the court, and performing other duties imposed by law.

My proposal respects those legal boundaries. As Clark County Clerk, I would use the administrative leadership of the Clerk’s Office to work collaboratively with Superior Court judges, the Clark County Council, attorneys, mediators, and existing dispute-resolution providers to expand access to mediation for appropriate family-law disputes. Washington law already provides a framework for this. RCW 26.09.015 provides that contested issues in proceedings under Washington’s dissolution law may be set for mediation before, or concurrently with, a hearing. The law also provides that each Superior Court may make a mediator available.

I am not claiming authority the law does not give the County Clerk. The Clerk cannot unilaterally order judges to send cases to mediation. Washington has also established a statutory framework for Dispute Resolution Centers under Chapter 7.75 RCW. Under RCW 7.75.020, a Dispute Resolution Center may be created and operated by a county, municipality, or qualifying nonprofit organization, but the required plan must be approved by the appropriate county or municipal legislative authority. My role as Clerk would be to provide administrative leadership, identify opportunities for greater efficiency and access, and bring the appropriate officials and community partners together to pursue improvements within the authority provided by Washington law.

WHY MY BACKGROUND MATTERS

I believe meaningful court reform requires more than understanding how documents move through an office. It requires understanding the people, laws, and disputes behind those documents.

My legal education, experience working with legal documents and court filings, and background in mediation give me a perspective particularly suited to this challenge.

I understand both sides of the equation: the importance of protecting due process and access to a judge, and the value of resolving disputes through agreement when that can be accomplished fairly and appropriately.

My mediation background has taught me that not every disagreement needs to become a prolonged courtroom battle. When appropriate disputes can be resolved earlier through mediation, families can save money, conflict can be reduced, and limited judicial resources can be preserved for cases that truly require a judge.

As Clark County Clerk, I would bring my legal education and mediation experience to the administrative operation of the Clerk's Office while respecting the separate judicial authority of our Superior Court judges.

WHY THIS IS PERSONAL TO ME

Three of my four daughters are my late brother’s daughters, whom I raised after his death. This gave me a deeply personal understanding of what it means for children to face circumstances they did not choose and how important stability, security, and caring adults are in a child’s life.

This is one reason the needs of foster children and children in dependency proceedings are so important to me. When a child’s future requires the attention of our courts, time matters. Children deserve a court system that works as efficiently as possible while protecting their rights, their safety, and the due process required by law.

MY COMMITMENT

As Clark County Clerk, I will work collaboratively with our judges, Clark County government, attorneys, mediators, and community organizations to expand practical dispute-resolution opportunities, improve services for self-represented litigants, and make our courthouse more accessible and efficient.

This is about more than administrative efficiency.

It is about families spending less money fighting when an agreement is possible. It is about taxpayers receiving better value from their court system. It is about judges having more time for matters that truly require judicial decisions.

And most importantly, a child's future should never be treated as just another file in a crowded court system.

Our foster children and children in dependency proceedings deserve a justice system that recognizes the importance of time in a child's life.