After a spirited, at times contentious, 30-minute discussion during the Grays Harbor County Board of Commissioners “non-action” meeting Tuesday, County Clerk Kym Foster agreed to continue to provide jury administration services for District Court with one caveat — District Court is to reimburse the Clerk’s office for associated costs.

Two weeks ago, Presiding District Court Judge Megan Valentine, District Court Judge Andrea Vingo and District Court Civil Division Director Heather Warsaw responded to Foster’s proclamation that she and her office would no longer provide jury administration services for District Court by proposing a solution to the Board that would have included the purchase of a new computer and a separate license for the Jury + software platform and the hiring of a new employee.

Judge Valentine took umbrage with Foster’s response to this proposal and left the meeting abruptly. At District 1 County Commissioner Georgia Miller’s suggestion, District 3 County Commissioner Vickie Raines tabled the discussion and called for a work session between the Commissioners, the County Clerk’s office and the District Court to clarify these issues.

Judge Vingo and Warsaw participated in Tuesday’s discussion via Zoom, while Judge Valentine was in court and unable to attend. Foster attended the meeting in person in the conference room at the Grays Harbor County administration building.

“We provided a one-page synopsis with the breakdown of what that proposed jury management clerk would do,” Judge Vingo said. “All we want to do is to go ahead and have jury trials because that’s what we’re required to do, however that happens is how it happens. That’s why we came to you.”

After rehashing an exchange of emails and the Board of Commissioners meeting on Feb. 18, and Raines reiterating that she would not sanction the spending of approximately $200,000 over the next two years to alleviate these issues, a compromise was eventually reached.

“I, at this time, cannot support an additional system … the reason I can’t do that is because I think the Clerk is doing that work currently … she just wants District Court, from my understanding, to take on some of the load. I don’t think spending that extra money is needed to take on that load,” Raines said. “I also think there needs to be a stronger willingness to get departments to work together. We’re all trying to accomplish the same thing, which is to provide justice in the courtrooms and our legal system … I just think that there’s some areas that are broken and they need to be repaired before we add any more tools or add any people to departments. That’s my opinion. There has to be a way that the departments work together and not duplicate services. I can’t support the request at this time.”

Judge Vingo expressed continued frustration with the uncertainty and communication between District Court and the County Clerk’s office.

“All we want is to have jurors because that is part of our duty as judges, we haven’t heard from Ms. Foster whether she’s going to continue to do it, and what the conditions are,” Judge Vingo said. “I completely understand having this extra position filled … with the economy the way it is, I completely understand not (filling) it, I would not be doing my duty as a judge to ensure that we have jurors … when we’re faced with the position where we don’t have the Clerk who has indicated to us in the emails that they’re not going to be providing that. Is it the most efficient way if she continues to do it? Absolutely it is. We’ve been asking ‘what do you need from us, what do you want’ and we’ve gotten nothing. So we were forced to come to you.”

Raines gave Foster the opportunity to respond to Judge Vingo and offer a solution to the immediate jury management problem.

“The agreement would be for me to continue to do what I’m doing, and send out the questionnaire and send out the summons when they order,” Foster said. “We were looking at the budget and trying to figure out how to chop some fat, that was one of my goals, this was a major expense. There’s a lot being spent, it’s not just District Court, it’s Superior Court also. I spent $1.56 (per juror) out of my budget so they could have their jury. So, 72% of their cases are being cancelled and that’s something a lot of times you have no control over. It’s frustrating. Maybe there’s a way of ordering and maybe paying back and taking from your budget and putting some back into my budget. I don’t have a jury division, I don’t have a jury administrator.”

Raines expressed the suggested solution this way, “I just think we should keep the system that we have, you should bill District Court for their amount and they will pay their invoice.”

Foster said she initially resisted continuing to provide jury services for District Court, but changed her mind when she heard about District Court’s proposed expenditure and its potential impact on taxpayers.

“I wasn’t willing in the beginning. … After having a conversation, and thinking they’re going to try to get $130,000 from our taxpayers, I guess I’m going to have to step up. … I won’t let the taxpayers pay that, that’s not fair for them, we have a process that’s in order. … I will make sure I’ll do what’s right for the taxpayers. … however I do expect to get reimbursed for it and I want that for my staff. … I’m willing to get it back in order but it has to be both ways.”

Miller summarized the solution, “Clarification, what you are proposing is to do exactly the same thing you’ve been doing … everything the same way, but the compensation would be submitted, billed to District Court and Superior Court, and they would pay those bills, so your office wouldn’t be burdened by that portion.”

Judge Vingo insisted Foster verbally agree to continue to provide jury administration services.

“I want confirmation from Ms. Foster that she will continue to arrange for our jurors in this case,” Vingo said. “District Court has and will continue to pay all our bills that we receive from the Clerk’s office for doing that work as we have in the past. Ms. Foster, are you going to continue to get us jurors? I want to hear it from her.”

“I’ve never stopped,” Foster said. “The point of a verbal confirmation, I think that’s a power move, Judge Vingo. Absolutely, I will provide you jurors.”

“I think there needs to be some better functionality between the two departments and I’d like us to start there with what you’ve brought forward,” Raines added. “For the time being, unless something is changed by the Commissioners, we’re status quo on jury requests and jury summons.”