Commissioners approve redistricting for Adams County courts - Appoint Carolyn Benzel to serve in District Court Judge Position Two

The Adams County Judicial Court positions have changed following the decision of the Adams County Board of Commissioners to redistrict the county into a single district.

The Commissioners voted on the issue on March 27, and without a unanimous consensus, Ordinance O-01-2017 passed creating a single judiciary district in Adams County.

The previous Justice Court Districting Plan had been formed 40 years ago and had not undergone any modifications since its inception. The Commissioners had considered changes to the former plan because of the need and circumstances of the civil and criminal justice system in Adams County.

The Adams County District Court Districting Committee had been established to discuss and recommend changes to the existing plan to the Commissioners.

During the March 27 public forum, members of the Districting Committee attended the meeting and spoke in reference to the potential changes for the judiciary roles in the county.

The ordinance changed the county from having two jurisdictional boundaries for the district court positions, into one single district for the position. Even with the boundary change, there will still be two Adams County District Court Judgeship positions.

Adams County District Court Judge Position No. 1 will continue to operate out of Ritzville, and the position will also continue to be held by Adalia Hille. On April 3, the Commissioners elected Carolyn Benzel to serve in the Adams County District Court Judge Position No. 2 role, which will operate out of Othello.

According to the ordinance, the two positions will share concurrent jurisdiction on all matters for the district court. Judges in these roles shall adopt local procedures for assignments and caseloads based on the nearest location for litigants and witnesses to best serve the needs of Adams County citizens.

The public forum allowed for the Districting Committee members, mayors, law enforcement officers, former and current judges, and residents to discuss their opinions on the redistricting matter.

Current Othello District Court Judge Gary Brueher stated his opposition to the ordinance based on the diverse needs of the county and the differences between Othello and Ritzville.

Brueher has served as the Othello District Court Judge since 2002, and previously served as prosecutor. Prior to those roles, Brueher practiced law in the Othello area for over 20 years.

Brueher explained the needs of the Othello area expand beyond ethnicity, even though over 50 percent of the population is Hispanic.

He stated the farming practices and overall environment of the two cities is drastically different, and as the Othello population continues to grow, they need a judge who is from the area and understands the local issues.

Another factor, Brueher stated, is removing a family wage job from Othello, as the redistricting allows for the candidate to be from any area in the county. He said transportation costs will also increase for those involved in the court system, including jurors.

Brueher served on the Districting Committee and stated the committee members had recommended leaving the ordinance unchanged and continuing with the previous system. Of those opposed to the ordinance included Judge Hille, Brueher and former Superior Court Judge Richard Miller.

With a strong conviction of keeping the court roles separate, Brueher stated to pass the ordinance is going against the committee’s recommendation, and it will discourage volunteers in the future if the Commissioners did not listen. He stated it was a waste of time, money and productivity if the Commissioners approved the redistricting.

Othello Mayor Shawn Logan addressed the Commissioners regarding concern for the change in districting.

He attended the Districting Committee meetings, and reiterated the committee’s decision was to keep things the same, as it has serve Adams County well for the past 40 years.

Logan recommended the districts not to be consolidated, and for the compensation for the Othello District Court Judge to be increased, as well as the budget to advertise the upcoming vacancy, as Brueher plans to retire.

Logan referenced the Washington Office of the Administrator of the Courts, stating the current judicial need in Othello is 86 percent, while the position is only paid at 50 percent.

“Othello and Ritzville are very different communities separated by over 50 miles. Othello and its surrounding community continues to thrive and grow.

“The citizens of Othello should be heard on this issue without being forced to travel this distance,” Logan stated, adding the Commissioners should host a public forum in Othello as well.

Logan concluded by stating he believes the Othello judge position is best served by a judge who is elected from within the community, and the consolidation of districts will likely reduce that possibility at the General Election.

Othello Police Chief Phil Schenck stated the department has been served effectively because of the officers living within the Othello community. He stated the judge should also be invested in the community in order to better serve the needs of the city.

As a growing community, Schenck stated there is a need for more professional wage jobs, and the judge position should require the individual to live within the Othello community.

Adams County Superior Court Judge Steve Dixon stated there are a variety of variances between the two districts, including law enforcement, youth culture and lifestyle differences.

Dixon stated it is good for a judge to reflect the culture and if fair towards the normality of their district, and that is hard for an individual from outside of Othello to have a feel for the culture of the city.

Dixon said he adheres to the old fashioned idea of having a judge invested in the jurisdiction.

Hille read a statement for Miller as he was unable to attend the public hearing. Miller stated he was surprised of the proposed changes after the Districting Committee voted that no changes were warranted at this time.

Miller stated the plan was adopted years ago with the intent to have a judge living in their respective districts to better serve the needs of their court. He added this opinion still seems to be strongly supported, based on the statements made by individuals on the Districting Committee.

“I would urge the Board to do your homework and make sure that change is necessary and would result in an improvement in the functioning of the Court and is not a change for the sake of change,” Miller stated.

Adams County Sheriff Dale Wagner addressed the Commissioners, stating his belief in the potential success of redistricting, as long as the individual hired for the Othello position resided within the county.

Wagner said he has seen firsthand the benefits of hiring local and from within the community.

Wagner stated the judge takes an oath to serve, and when they raise their hand and take the oath, they will enact accountability and serve to the best of their ability in the position, regardless of the town they come from.

He added the right thing to do is find the best candidate to serve and assist the citizens of Adams County.

Adams County Prosecutor Randy Flyckt agreed with Wagner, stating the redistricting could assist with unity within the county instead of having the division of “east and west”.

Flyckt said the change would allow for greater flexibility within the courts, but also give the ability to provide enhanced coverage and communication between judges.

Flyckt stated his belief that a little change for the sake of improvement is a good thing, and the ordinance is always subject to amendments, if the Commissioners see changes to be made in the future.

The Commissioners voted on the ordinance in the afternoon on March 27. Commissioner Roger Hartwig began the discussion stating the changes were not spur of the moment, but required time and research.

With the need to fill the vacancy of the Othello judge position, Hartwig said it was an opportune time to consider creating one district.

He added there were no candidates for the district judge position from Othello, and he believed the change would be a benefit to everyone in Adams County.

Commissioner Jeff Stevens added the dynamics in Othello have changed since the creation of the initial boundaries. Othello used to have a higher number of lawyers and potential candidates for a judge position.

He continued by stating for the past 18 years of his service as a commissioner, they have been trying to unite the county and move past the division of the two districts.

Stevens stated the need for the best judge candidate should be more important than the city they reside in, and the redistricting would create a stronger future for the judicial system in the county.

Commissioner John Marshall said he has struggled with the issue, believing the Commissioners should work to create a unified county. He stated he does believe all positions are best represented by a local representative.

Marshall said he sees the importance of both sides of the issue, and even moments before the vote, stated he did not know his final stance on the issue.

The Commissioners called for a vote, with Stevens and Hartwig in favor of approving Ordinance O-01-2017, and Marshall opposed.