Because of potential problems at the Howard Hanson Dam in the Cascade foothills east of Seattle, citizens and businesses in the Kent Valley face a very real possibility of flooding this winter. The Army Corps of Engineers, the agency responsible for maintenance and operation of the dam, has indicated that heavy rains may force dam operators to release water at a rate that may cause flooding in the valley area.
Although a permanent fix is at least three years away, the Corps is undertaking measures to increase the holding capacity of the dam to avert flooding this winter. Even if the interim measures are successful, it will not be possible to fill the reservoir behind the dam completely because full testing of the interim repairs cannot be undertaken safely until the spring.
Additional information about this issue, including maps of the area likely to be affected, can be found at: http://www.nws.usace.army.mil/PublicMenu/Doc_list.cfm?sitename=HHD&pagename=Pool_Restriction and http://www.kingcounty.gov/safety/FloodPlan/GreenRiverValley.aspx.
The Norm Maleng Regional Justice Center (MRJC) is in the flood-plain area. The court has 19 judicial officers — 15 judges and four commissioners — permanently stationed at the MRJC. King County District Court also has two courtrooms in the facility and two courtrooms in the Aukeen courthouse, which is also at substantial risk. Municipal courts in the valley, including Kent, Auburn, Tukwila, Burien and SeaTac also could be affected.
King County Superior Court is planning for two operating contingencies. The first option — which we are calling “The Friends and Family Plan” — involves moving into temporary, borrowed locations around Seattle. All criminal and family law hearings would be held at the King County Courthouse, while civil trials likely would be transferred to remote locations.
The judges of the Ninth Circuit Court of Appeals and the U.S. District Court have been remarkably generous, as have the deans of the two local law schools. A number of law firms also have offered their conference rooms on a “space available basis” for bench trials and similar proceedings. The response to the court’s inquiries has been uniformly positive and supportive.
The second option would involve the county renting space in a downtown building for all family law matters, whether assigned a SEA or KNT designation. It is likely that with the family law proceedings (including the commissioners’ calendars, trials and the facilitator’s office) moved, almost all other matters could be accommodated in the Seattle courthouse. If this option is selected, the Clerk’s Office would operate a satellite Clerk’s Office in the rented facility. Full security also would be on site.
The County Council is considering County Executive Kurt Triplett’s supplemental budget and will determine which option to fund, in light of available information on the likelihood of a flood and other county budgetary priorities. A decision was pending at press time.
Of course, all of us are hoping that there is no flood. However, it is vital that the court plan for continuity of operations.
Somewhat frustratingly, because of the lead time required to move such a complex operation, it is possible that the court may move out based on the best available information and no flood may actually occur. Once the court has moved out of the MRJC, however, because of the possibility of repeated floods (or at least, repeated scares necessitating evacuation), the court, with the possible exception of some in-custody criminal calendars, will remain out of the MRJC until the spring when flood season has passed.
No matter what option ultimately is selected, the court will not function as usual. There will likely be a shortage of jurors, particularly for civil trials, until additional jurors can be summoned to Seattle (currently, there are separate jury calls to the two court facilities).
It will be crowded, with the potential of even longer lines getting through security. Certainly, there will be a few days, as technology is being moved from the MRJC to other locations, when individual trial courts may be less accessible than usual.
Because of the possibility that significant roads through the valley will become impassable, a number of cases may need to be continued because trial participants will not be available to come to court. The court is considering ways to increase telephonic hearings, but not everything can be accommodated through remote access.
Finally, although the court is hoping, within a few weeks of a flood, to be able to perform most of our functions, this view may be too optimistic. It may be that the cases will need to be prioritized according to our statutory mandates and that there will be some types of cases that have to wait a little longer for a trial.
Planning for this project is daunting. It includes coordinating with a number of other courts and agencies. For example, the Department of Adult and Juvenile Detention (DAJD) has a large detention facility at the MRJC, which normally houses approximately 800 inmates. Obviously, decisions made by DAJD will have a significant impact on how criminal calendars can be run.
In addition, about 20 percent of court staff live in the flood plain — a shortage of staff, of course, also will impact operations. For months, MRJC Chief Judge Brian Gain has been working with stakeholders to plan the daunting task of moving nearly 200 people out of the MRJC on very short notice.
As we plan for the continuity of court operations, the judges and staff of King County Superior Court are aware that thousands of people may lose their homes and that many, many businesses will suffer. The court will do its part to ensure, to the greatest extent possible, that we can maintain continuity of operations should this catastrophe occur.
The court’s website will be updated as more information is available: http://www.kingcounty.gov/courts/SuperiorCourt.aspx.
Editor’s Note: As the Bar Bulletin went to press, the Metropolitan King County Council had approved funding for the leased space option described in this article.
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