Washington Courts: Judicial News Report Detail

Association elections bring: Changing of the guard

Within the span of two months, leadership of the district, municipal, superior and district courts will have changed hands. This article looks at ‘98’s new leaders: Cheney Municipal Court Commissioner Patricia Warnick, Thurston County Superior Court Judge Daniel Berschauer, and Court of Appeals Division III Chief Judge Dennis J. Sweeney.

District & Municipal Court Judges’ Association

Ready and waiting to be sworn into office June 1, Patricia Warnick, will become the first-ever non-attorney commissioner to head up the District and Municipal Court Judges’ Association.

Warnick served as a municipal court judge on the Airway Heights bench for more than 15 years, and was elected president-elect of DMCJA in 1997. Last year, the outgoing mayor of Airway Heights replaced Warnick. But Warnick continued to serve as court commissioner in Cheney, retaining her eligibility for the association presidency.

Her public service is well-rounded—currently she also serves as the court administrator and heads the probation department. She also served in the capacity of court clerk beginning in 1979. In addition, she has served as commissioner for the district court seated in Cheney since 1984. She passed the qualifying examination for non-attorney judicial officer in 1982.

During her upcoming term, her objective and that of the association, Warnick says, will be to support the efforts of the Commission on Justice, Efficiency and Accountability. Appointed earlier this year by Washington Supreme Court Chief Justice Durham, members of the new commission are taking a close look at the state court system’s "core mission," and looking for ways to improve its funding base and the way court business is handled. The funding issue joins another concern of great importance to Warnick and association members--judicial independence.

"The three subcommittees of this Commission will continue to report to our board of governors, and members of the association on (its) progress," she said.

Soaring court filing fees and rising court costs is another concern. Currently chair of her association’s long-range planning committee, Warnick has worked to address these and other issues raised in the "Wilson Report," a performance assessment of courts of limited jurisdiction report drafted in 1997 by Larry and Carol Wilson , retired judge and court administrator.

That aside, Warnick wishes most of all to be open to members of the association. "I will always remain open to concerns, suggestions and comments," she said.

Superior Court Judges’ Association

This week, Thurston County Superior Court Judge Daniel J. Berschauer takes over as president of the state Superior Court Judges’ Association (SCJA) at the association’s annual conference in Ocean Shores.

During his term, he expects the SCJA to appoint a standing committee on technology to look at ways to improve the efficiency of, and access to, superior courts. Like others, superior courts face the twin dragons of burgeoning caseloads and shrinking resources. Technology, he believes, will provide key ways for courts to handle business increases effectively.

"As with every technology issue, time is truly of the essence," said Berschauer. "The longer we delay, the more things will change, and the less able we will be to cope with that change."

As chair of the Joint Jury Management Standards committee, he is super concerned about current, declining juror response rates.

"I would like to see us lead as an association--with the help of other levels of court and people outside of the court system—in addressing what has become a significant issue, which is the ability of the courts to summons jurors and have them appear more for trials. I think the judiciary needs to examine why the problem is so pervasive, and try to take steps to reverse the trend," he said.

While some jury-improvement techniques, such as allowing jurors to take notes or ask questions during trial, will continue to be controversial, Berschauer says there are other things that can be done to promote participation and reduce hardships of jury service.

"We should try to develop other techniques to educate citizens who have not yet been summonsed for jury duty to impress upon them the importance of their service, and how we will work with them to try to minimize hardships that are caused by the giving of their time."

The SCJA president and board of trustees represents the 163 judges of Washington’s superior courts. Created by statute, the association provides continuing judicial education, recommends changes to civil and criminal court rules, and promotes improvement in judicial administration.

Berschauer was elected to the Thurston County District Court bench in 1979. Later, he served as vice-president of the District and Municipal Court Judges’ Association, and as a member of its board of governors. In 1984, he was elected to the Thurston County Superior Court bench, and served as secretary and member of the association’s board of trustees.

His ultimate goal is to assist judges in the association. "That isn’t a goal you can state in some flowery, one-sentence sound-bite, but it clearly has to be the goal for any president serving an association."

Court of Appeals

Judge Dennis J. Sweeney of Division III began his term as the presiding chief judge of the Court of Appeals at the appellate judge’s conference in Spokane. To be eligible for election to the position, a candidate must have served as the chief judge--or in Division I, as the acting chief judge—of a division of the court. Sweeney served as the chief judge of Division III from 1995 to 1997. By rule, the position rotates among the three divisions. By custom, the full court usually elects its most senior member of the eligible division.

Sweeney’s plate will be full this year. In addition to his ongoing interest in judicial education, he has started the wheels in motion for comprehensive job and salary study of most administrative employees and law clerks. As the presiding chief judge, he must also oversee preparation of the court’s biennial budget, and shepherd that budget through the legislative process.

He notes that the salaries for court of appeals commissioners have lagged behind some of their counterparts in the district and superior courts. He hopes to correct that in the next legislative session.

Sweeney described the position of presiding chief judge as "the weak chief judge system"—the PCJ has lots of administrative and political responsibility, but little authority.

Sweeney was elected to court in 1991. Geographically—his electoral district is the largest in the COA, extending from the Yakima County line to the Idaho border, north to Coulee City and south to the Oregon border. He served on the Supreme Court’s task force to review the Code of Judicial Conduct, and chaired the COA’s education committee. He has had a long interest in access to justice issues, and served as a board member of the Ben Franklin Legal Aid Society beginning in 1972. He is currently a member of the jurisprudence committee of the state Access to Justice board.