Tag Archives: Bremerton Municipal Court

County’s lawyers favor attorneys Dixon, Hull and Wall for Kitsap County Superior Court seats

The results are in; The county’s lawyers have spoken.

(At least, those who wanted to make their feelings known about who should be the next two attorneys to grace the Kitsap County Superior Court bench.)

One hundred and twelve lawyers — 50 percent of the county bar’s dues paying members — cast ballots in the Kitsap County Bar Association’s perennial preference poll, which included 11 lawyers who are vying for Gov. Chris Gregoire’s nod to join our local superior court bench. Ballots are cast anonymously.

The front runners from the poll were:

Steve Dixon, a Port Orchard-based general practice lawyer, who’d applied previously for appointment to the seat that ultimately went to Kitsap County Superior Court Judge Sally Olsen in 2004;

Kevin Hull, senior deputy prosecutor in charge of the Kitsap County Prosecutor’s Office’s Special Assault Unit; and

Greg Wall, Port Orchard-based general practice lawyer. Wall had previously run unsuccessfully for Kitsap County Superior Court judge in 2008. He was elected in November to the South Kitsap School Board.

Full results of the poll can be found at the bar association’s web site. As you’ll see, attorneys ranked their first,second and third choices for the seats and also answered if they felt each attorney was “highly qualified,” just “qualified,” or “not qualified.”

Kitsap County Superior Court Judge Russell Hartman is stepping down at the end of the this month and Judge Theodore Spearman died in January, creating the openings.

Gregoire will make the appointments but all eight superior court seats are up for election in November (though incumbents in judicial elections generally have an advantage).

So, if the governor picks ’em, why does this poll even matter?

For one, they send the results to the governor’s office for review, according to prominent bar association attorney Paul Fjelstad. (The Kitsap Chapter of Washington Women Lawyers does as well, he points out.)

The bar poll has a mixed record as a predictor of future judges but it has gotten it right quite a few times, including:

* Stephen Holman’s appointment (by the county commissioners) to the Kitsap County District Court bench in 2006.

*James Docter’s election wins for Bremerton Municipal Court in 1997 and 2009.

It also has its shortcomings: In 2008, a three-way race for retiring Kitsap County Superior Court Judge Leonard Costello’s seat saw Wall get the most votes among attorneys — yet he lost in the primary, and Kingston attorney Jeanette Dalton was eventually elected.

The governor is expected to make her replacement picks in the coming weeks.

Post to Twitter Tweet This Post

Judges have ‘great deal of discretion’ in allowing cameras to roll in court

There are no guarantees when it comes to letting a camera roll inside a Washington state court.

I had mentioned on an earlier blog that most every time I’d been in our local courts and requests to film — generally made by the TV news networks — had almost always been granted.

At times, a judge will ask the TV stations to “pool” their filming, which is a way of saying that one camera would be allowed in court and that station would have to share its footage with others seeking it.

A “John Doe” had commented on the previous blog that he doubted courts would be so open to filming. So I decided to go to a judge to get some answers.

In short, judges can be choosy about who they allow to film — and they can say no for various reasons, reports Bremerton Municipal Court Judge James Docter.

Here’s Judge Docter’s take:

“There is a court rule that addresses filming court hearings. It is GR-16. The rule specifically addresses media filming, rather than filming by the public. There are many articles and some cases on the subject of filming in the courtroom, but most of them relate to the media. So the subject you raise is not clear cut.

Generally, a member of the public would need court permission before filming. The judge has a great deal of discretion when deciding whether to grant a request to film, and would need information about the request. In particular, we would want to know what is the purpose for the filming, and to whom will it be published? We would prohibit any filming intended to embarass, harass, intimidate, threaten, torment or humiliate or unreasonably expose others. We would want to know who is going to be filmed, and we would allow them a chance to object. We would need to make sure the filming did not disrupt the court proceedings. I doubt we would allow it “just for the fun of it”. Perhaps if it were for a school project or a documentary we might allow it.

Filming might be justified for certain purposes, so the judge would review the request on a case by case basis, after hearing from those involved. Then the judge would make a ruling, and either allow it or prohibit it. So long as there is a good basis for his/her ruling, I’m confident the judge’s decision would be upheld by the higher court(s).”

Judge Docter has served as Bremerton’s judge since 1997. 

Post to Twitter Tweet This Post

Bremerton police’s DUI numbers continue to soar

There was a time when Bremerton’s police officers would often hand over a motorist suspected of drunken driving to a Washington state trooper. 

No more.

Since organizing a traffic division about five years ago and beginning an increased traffic and DUI emphasis inside city limits, the numbers have soared. In 2005, there were 107 DUI cases in Bremerton Municipal Court; in 2010 there were 276, according to numbers I obtained from the city this past week.

There have already been 249 cases in 2011, through Oct. 3.

An emphasis patrol conducted by the department’s graveyard shift — known as “Third Watch” — netted 15 arrests in three nights between Sept. 29 and Oct. 1. I asked Billy Renfro, one of the two third watch sergeants, a series of questions about how it went and what it accomplished.

JF: How well did the emphasis go?

BR: Both (fellow third watch sergeant Rich Cronk) and I thought it went outstandingly … we were handling area calls in addition to the DUIs.  I was really impressed with the entire shift as a whole.  The officers that were not directly involved with arresting DUIs were covering calls and assisting with transports to the jail.

JF: How did officers strategize to seek out additional DUIs?

BR: I don’t know that we had a specific strategy, other than ‘Let’s go out and make traffic stops’ …The DUIs will follow.  It was a city wide emphasis, although I think a majority of the stops occurred  on the east side of town.

JF: How many officers participated?

BR: Each night we ran 5 to 7 officers and we had a reserve officer on one of the nights, which really helped with the transports.

JF: How does this kind of proactive patrolling benefit the city’s residents and public safety as a whole?

BR: The benefits to the safety of the commuting public is something that I don’t think we can ever really measure.  I am absolutely convinced that the officers of Third Watch have saved lives and prevented damage to property with every DUI driver that is arrested.  And this is something that the Watch eagerly pursues.  It’s not something that Rich and I have to come in and force them to do.

In closing, I’m extremely proud of the efforts put forth by the entire shift, but specifically impressed with (Master Police Officer Matt) Thuring, Traffic Officer (Don) Rogers, Officer (“Duke”) Roessel, Officer (Steve) Polonsky, and Officer (Steven) Forbragd.

Post to Twitter Tweet This Post

LIVE BLOG: Hearing of Bremerton Jazz Musician Mark Lewis

CASE BACKGROUND: Bremerton jazz musician Mark Lewis will likely find out today if he’ll get a new trial — or sentenced for obstructing police last September.

The prominent musician, who is legally blind, was found guilty in January of obstructing a Bremerton officer. Lewis contended at his January trial he did not know he was dealing with a police officer.

Police said he grabbed onto an officer’s gun in a tussle.

Lewis, who was acquitted of disorderly conduct by the jury, said he was attempting to hail a cab when his fare money went into Kitsap Way. He attempted to retrieve it and a man called 911 reporting his being in traffic.

Lewis has appealed for a new trial and Bremerton Municipal Court Judge James Docter will decide if he should get one. If not, Lewis will be sentenced. The conviction carries up to a year in jail, but Lewis, who has no criminal history, would likely receive less than the maximum.

Post to Twitter Tweet This Post

Bremerton Municipal Court Skypes its First Witness

In the hustle and bustle of these past couple weeks, I didn’t want to forget to mention a technological breakthrough that occurred Friday in Bremerton Municipal Court.

A witness took the virtual stand.

To elaborate, Hsushi Yeh, a Tacoma-based ophthalmologist, was called to the stand to testify to the vision of Mark Lewis. Lewis, a prominent local jazz musician, was convicted of obstructing police Monday, in a trial where his vision was scrutinized.

Yeh couldn’t make it to Bremerton, so Judge James Docter authorized his testimony via Skype. It was a first for the new Bremerton courthouse opened last September.

Could this be a sign of things to come? I’m thinking about the money that could potentially be saved in instances where a witness wouldn’t have to travel sometimes great distances to testify in court.

In Port Orchard, Kitsap County’s district court is already using video appearances from jail so officials don’t have to transport inmates handcuffed together into court.

Kitsap County District Court Administrator Maury Baker said that there are “intense conversations,” amongst the judges about bringing in the capacity to let witnesses testify from afar. He believes the technology would have great benefits and could start in less serious legal arenas, like traffic court. For instance, what if someone from out of state got a ticket here and wanted to fight it — without having to fly back out here?

From there, it could be expanded, likely as long as attorneys on both sides of a case agree to it.

“It’s a brave new world,” he said.

Kitsap County Superior Court Administrator Frank Maiocco said at present, the county’s highest court doesn’t have the technology — a TV with an internet connection — that would make Skyping a witness possible. But he acknowledges that courtrooms in the future could be equipped to make it possible.

Assuming, though, that the judicial powers-that-be are ready for it, he added.

“The technology has changed,” Maiocco said. “The the question is, will the culture?”

Post to Twitter Tweet This Post