Three Generations Campaign at the Fair

From Left to right: Bud Gaylord, 80, retired apple grower; Randy Gaylord, 51, County Prosecutor, and Colin Gaylord, 21, Senior at University of Washington. These three generation of Gaylords were seen taking a short break from campaigning at the San Juan County Fair. Friday Harbor

Randall Gaylord Casts His Ballot

Parks Bay Case Explained

I write to set out the facts in the Parks Bay case, the one in which a judge made an oral ruling regarding sanctions against the County. This matter was widely reported 11 years ago as it unfolded. Today, there is widespread speculation and misunderstanding about its significance.

I have always been comfortable providing the facts on the motion for sanctions because they were explained in writing and documented in a Settlement Agreement. Briefly, the issue of sanctions was raised, the court made a preliminary ruling, that ruling was disputed in a motion for reconsideration, and then settled. An affidavit in support of the motion for reconsideration was provided by Richard Settle, and is available at http://www.rgaylord.org/parksbaySettleAff.PDF The Settlement Agreement, signed and initialed by all attorneys is available at http://www.rgaylord.org/SettlementAgreement.pdf.

No Order mentions sanctions. No findings were made. The only document signed by the judge after the oral ruling is the Judgment, which is available at http://www.rgaylord.org/ParksBayStipulationandJudgment.pdf

This omission is significant because a written order controls over an oral ruling. A judge's oral decision is no more than a verbal expression of his informal opinion at that time. It is necessarily subject to further study and consideration, and may be altered, modified, or completely abandoned. It has no final or binding effect, unless formally incorporated into the findings, conclusions, and judgment.

What is the public to do? First, consider that if a court desires to impose sanctions, it is incumbent on the court to make findings in an order. This rule exists to guard against the type of misunderstandings that can arise years later.

Second, consider that an informal ruling of sanctions against a county pursuant to a civil rule is not a finding of “professional misconduct” on the part of the attorney. A mistake under a court rule is a legal error. This is said to categorize the type of error, and not to make light of it. I regret that the judge said there was an error, and it was promptly compromised and settled at the direction of the County’s Risk Management Committee.

If you have additional questions or believe additional documents would help your understanding, please call me at 360-376-3076.

Guest Commentary: Apples and Oranges

Dear Editor:

I worked as a Deputy Prosecutor for Mr. Gaylord for over 3 ½ years. Mr. Gaylord earned my respect and admiration for his fairness, consistency, and the high ethical standards he set for himself and all who worked for him.

I am dismayed that recent news accounts and others have twisted a procedural disagreement in contested litigation into a charge of unprofessional conduct. It was not. For Mr. Gaylord, there was no charge, no complaint, and no ruling of unprofessional or unethical conduct.

Terminology is important here. The rules of professional conduct and ethics for lawyers are the Rules of Professional Conduct, and are enforced by the State Bar Association. The ethical rules for judges are found in the Code of Judicial Conduct, and are enforced by the Commission on Judicial Conduct. The procedural rules governing non-criminal superior court cases are called the rules of civil procedure.

There is a profound distinction between a legal error and misconduct. It is factually and legally incorrect to equate a judge’s preliminary oral ruling about a fee award for a legal error under the rules of civil procedure to Mr. Linde’s formal discipline by the Commission on Judicial Conduct.

If fee awards against Mr. Gaylord are newsworthy, shouldn’t we also know if Mr. Linde has ever had attorney fees or other terms awarded against him? Shouldn’t we know how he answered the other questions on the Governor’s Questionnaire?

In the spirit of fair play and full disclosure, I urge Mr. Linde to disclose any claim, charge, or complaint that he should pay an award of fees or costs under any rule of the district or superior courts, and to make his Judicial Questionnaire available to the public as Mr. Gaylord has. Cameron O. Carter Portland, OR (503) 830 4384 (360) 376 4427

Disclosures in the Parks Bay Case

Below is the email I sent to the Governor's Office to explain the circumstances surrounding the claim of sanctions in the Parks Bay case. This seme email was provided to editors of local newspapers and a blog writer who asked about it.

From: Randall Gaylord
Sent: Wednesday, November 28, 2007 10:14 AM
To: 'richard.mitchell@gov.wa.gov'
Cc: 'melynda.campbell@gov.wa.gov'
Subject: Randall K. Gaylord -- San Juan County Superior Court



Dear Richard,

Thank you for introducing me to Gov. Gregoire on Monday. Your warm and
engaging style helped set me at ease.

Two things came up during our meeting that I would like to follow up on.


First, I want to elaborate on the writ of review case that was filed in
1995, shortly after I took office as Prosecuting Attorney. I found the
file in archives. It is called Parks Bay Neighborhood Association and
Save our Shaw v. San Juan County et al, case No. 95-2-05065-5. As I
mentioned in the meeting, the county made a motion to quash the writ of
review/dismiss on the basis that the court did not have subject matter
jurisdiction over "interlocutory appeals" of land use decisions by the
board of adjustment. The minute entry of the court clerk shows that the
court said it was appropriate to award terms for the motion to quash,
but declined to set an amount at that time. The ruling was never
reduced to writing.

After the court's oral ruling, a motion for reconsideration was made and
supported by affidavits from three attorneys: Mr. Richard Settle of
Foster Pepper and Shefelman, Mr. Robert Binger, a Spokane Deputy
Prosecuting Attorney, and Mr. William Weissenger, a Friday Harbor
lawyer. Mr. Settle said: "I am not aware of any case, statute or
court rule that would prevent the county from filing the motion to
quash/dismiss, even after entry of the Stipulation to Issue Writ of
Review, as was done in this case." Mr. Settle added, "I conclude that
the position of the county is based on the facts. It is based on the law
or a logical extension of existing law. It is solid, reasonable and
professionally responsible." Mr. Weissenger and Mr. Binger confirmed
that I had conferred with them prior to filing the motion, and that they
saw no impediment to the motion being made.

After the motion for reconsideration was filed, but before any response
or order was entered, the county risk management committee took up the
matter and agreed to pay attorney fees of $6,400, but denied liability
for such fees. I recall saying that this is an example of where
"humility is the better part of valor." The case no longer had value as
precedent, and as much as a favorable ruling would have benefited me
personally, it would have had little benefit to the people of San Juan
County. In 1995, the Land Use Petition Act (LUPA) was adopted by the
legislature as part of regulatory reform and it set up a new process for
review of land use decisions that ended appeals of intermediate
decisions or interpretations by the writ of review. The case ended with
the court's entry of a stipulation and judgment which made no award of
costs or fees.

Second, I wanted to explain my testimony to the House Committee on Local
Government regarding HB 2323, a bill to encourage affordable rental
housing in the form of accessory dwelling units or ADUs. I had spoken
to this committee before when it met at the Friday Harbor High School on
the same topic. On January 12, 2006, I spoke briefly to describe the
status of growth board and court decisions affecting detached accessory
dwelling units in rural areas, and asked that the bill be amended to
plainly state whether the bill would apply to detached ADUs in rural
areas. My testimony to the House Committee provided historical context
and requested direction on whether the bill would apply in rural lands.
At that same time, the County Planning Commission was conducting public
hearings to develop an approach to a new ordinance that would satisfy
the citizens of the county and the Growth Board rulings. These
hearings eventually led to the adoption of an ordinance by the County
Council which provided a quota on the number of detached accessory
dwelling units in the rural lands.

I would be pleased to provide you with the paperwork on these matters or
on any other matter that has been brought to your attention. I will
be traveling to Olympia this evening to attend an meeting tomorrow with
Washington Association of County Officials, so I could easily drop
papers off at your office.

Thank you for your consideration.

Randy

Randall K. Gaylord

Quote of the Week

“All who have accomplished great things have had a great aim, have fixed their gaze on a goal which was high, one which sometimes seemed impossible.”

Orison Swett Marden (1850 – 1924)

July 28: Speaking, Forums, Meetings Dates

Please come join me at one of these events!

SAN JUAN: Tuesday July 29, 2008 noon to 1:00 pm Guest Speaker at San Juan Lions Club, Friday Harbor

ORCAS: Wednesday July 30, 2008 5: to 6:30 pm at the Eastsound Fire Hall -- Candidates Forum

SAN JUAN: Friday August 1, 2008 8 am to 10 am at Market Chef -- Meet Randy, Coffee and scones

LOPEZ: Friday August 1, 2008 5 to 7 pm at the Lopez Public Library -- Meet Randy, Light refreshments

SAN JUAN: Saturday August 2, 2008 2:30 to 4:30 pm at the Mullis Center -- League of Women Voters Candidates Forum

Car Signs!

If you don't have a good property location, you can show your support by posting a sign in your car! For a sign call Anne Marie at 376-5740 or Marny at 376-3076. Thanks!

Signs!

We are just 10 days away from the date that ballots will be mailed out. Time to get those signs up! If you would like a sign for your yard, just call us and a sign will be delivered to you! Call Anne Marie Shanks at 376-5740 or Randy or Marny Gaylord at 376-3076. Thanks to Barbara and Dave Thomas for this location at the corner of Cross Road and Center Road on Lopez Island.

The Journal of the San Juans: Q and A

1. Education and background: I was born fourth in a family of 10 children. My Dad was an apple grower, and Mom ran the house, the school board and later became a minister.

I married Marny, a public school teacher, 27 years ago. Together we raised two children who are now in college. I run long distances for fun, and I am committed to community service.

I attended Colgate; graduated from Utah State (BS in Environmental Studies and Economics) and University of Utah Law School; served as law clerk to Utah Supreme Court Justice Christine Durham; and practiced law with private firms in Spokane and Eastsound for nine years.

I have been a lawyer for 23 years; elected San Juan County prosecutor four times; often teach ethics to other lawyers; elected president of statewide prosecutors’ association (2007); and am rated exceptionally well qualified by Washington Women Lawyers and three other attorney groups.

2. Should San Juan join a growing number of Washington counties relying on a .01 percent tax on retail sales to help finance or expand local mental health services? Please explain.

Yes. I support improving mental health and alcohol and drug services in our county. Our current mental health system reacts when a person is in crisis instead of searching for ways of keeping the community healthy. Treating mental health and substance abuse will reduce crime and the need for new jails and prisons.

Mental health and drug and alcohol problems can lead to serious crimes, tear families apart, and hurt children. Many of these people will end up in court, and as judge I want to ensure that people are safe and that services are provided in conjunction with any punishment.

The county that collects this sales tax must have a court docket for hearing cases involving child abuse and neglect due to mental health or substance abuse. I will ensure that our court has such a docket.

I recognize the need to be cautious about spending, so I invite the public to participate with the Task Force that will determine the services that will best fit our county.

3. How do the managerial skills of a judge affect the operations of a court? 

As county prosecutor, I have managed the largest office in the county for the past 14 years — experience that translates directly to the managerial requirements of the judge position.

Justice delayed is justice denied. A judge must be prompt in making decisions. The effective judge is an inquisitive decision-maker who also directs the clerk, bailiff, parties, attorneys and jurors. Tensions can often run high in the courtroom — the judge must be a leader who sets out clearly what he expects, and then remains flexible enough to provide a firm, friendly, and comfortable decorum.

Above all, a judge must ensure that people feel safe in the courtroom and that people have had their say while cases move along appropriately.

Off the bench, the judge will budget for the Superior Court, advocate for court improvements, and seek out grants. As I have done as county prosecutor, I will seek out leadership roles in statewide associations, teach others, and bring to the court the best ideas of my peers.

4. What changes, if any, would you like to see in the way Superior Court and Juvenile Court are administered? 

At least twice a year, the court should convene on Lopez and Orcas islands. If the Supreme Court can travel from Olympia several times a year, then our Superior Court could easily meet on another island. Any inconvenience to court staff will be more than made up by the knowledge and insight into the court that citizens will gain.

Due to safety concerns, these hearings would involve motions or arguments, not jury trials or criminal proceedings.

In Juvenile Court, truancy proceedings from Lopez and Orcas are rarely heard due to the inconvenience for school officials and students. Video-conferencing will enable students and school officials to appear via a school conference room.

5. Which U.S. Supreme Court justice most closely reflects your view of how local, state or federal law should be interpreted, and why? 

The first woman justice, Sandra Day O’Connor, most closely reflects my view of the relationship between state and federal governments. Justice O’Connor was a moderate who adhered to the rule of law to ensure that social change comes from the legislature, not from the courts.

I admire O’Connor’s commitment to a careful analysis of facts and law over any particular ideology. Justice O’Connor showed great courage and independence when she departed with the conservative members of the court on abortion rights, partisan gerrymandering, and the role of judge and jury in criminal sentencing.

6. What are the local court system’s most pressing challenges?  

A court system must be fair and appear fair. This requires every judge to identify conflicts of interest and disqualify themselves from such cases. In a small rural county, this presents a special challenge. A system of judge trades can be worked out with judges in nearby counties who will sit on San Juan County cases when necessary.

Another challenge for a judge is to provide leadership in a small community while remaining impartial. There may be a perception that a judge’s collegiality off the bench translates to biased decisions on the bench. But decisions should be based upon the facts and the law, not friendships. This is a challenge I have faced and successfully resolved many times during my 14 years as county prosecutor.

Many people need a lawyer but can’t afford one. The judge needs to be a leader in ensuring there is access to justice for all.

7. What are the top two skills or personal attributes that make you the best candidate for the job? 

Experience and integrity. These traits define the values I bring to the bench and make me the best candidate.

Experience covers all life experience, not just time in the courtroom. Anyone who has watched judges knows they don’t check their values at the door. My experience in private practice and as public prosecutor matches well with the felony, juvenile, property disputes, land use and divorce cases that come to the court. I have a proven record of being inquisitive, eager to learn, compassionate, creative, and having a sense of humor. My experience shows I apply common sense to difficult circumstances and that I remain calm when facing tense situations.

Integrity means more than simply being honest and truthful. As county prosecutor, I have made many tough decisions for the protection of the community that have stood the test of time.