Whatcom County Council Criminal Justice and Public Safety Committee

Whatcom County's Superior Court delivered an extensive state-of-the-court presentation to the Criminal Justice and Public Safety Committee, revealing both significant operational improvements and mounting challenges. Judge David Freeman, the presiding judge, reported that the court has successfully increased trial availability and throughput through collaborative scheduling practices, with criminal trials rising from previous years and a notable expansion in civil cases driven partly by the massive WRIA 1 water rights adjudication. The court has achieved operational gains through better inter-departmental coordination among judges and judicial assistants, moving away from siloed approaches to case management. Judge Freeman emphasized that this collaborative model, rather than simply adding the fifth judge position, has been the primary driver of increased trial availability. The court validated its pretrial risk assessment tool this year, discovering bias issues that require correction—a process Freeman characterized as proper system improvement rather than failure. However, significant stress points emerged throughout the presentation. The court is operating with minimal staffing margins, particularly in juvenile detention where administrators are working nights and weekends to maintain coverage. The WRIA 1 adjudication has brought approximately 30,000 potential claimants into the system—transforming Whatcom County's caseload to resemble that of much larger jurisdictions like Snohomish County. Court reporter shortages create critical vulnerabilities, with Freeman warning that losing one of their two remaining reporters could force courtroom shutdowns. Protection order cases have increased dramatically due to state law changes, requiring regular use of pro tem judges to maintain hearing schedules. The court has successfully expanded community outreach through events like Adoption Day and Law Day, while also increasing its statewide presence through judicial education roles. Looking forward, the court faces an imminent administrative office of the courts judicial needs survey that may justify additional judge positions, but immediate concerns center on basic operational sustainability rather than expansion.

The meeting featured no formal votes, as this was a presentation-only agenda item (AB 2026-043). The presentation was received by the committee without formal action required. **Key Action Item:** - **AB 2026-043:** Presentation from Superior Court Presiding Judge on court status - **PRESENTED**

**Judge Freeman, on collaborative trial scheduling:** "I think that is if I had to pinpoint one area where I think we've improved with with availability for trial work it is those changes in practice where we're not so siloed in our departments and it's a real group effort now to get out as much as we can and be accessible for trials if people are asking." **Judge Freeman, on pretrial risk assessment validation:** "I think this is how this is supposed to work. We we have to be critical of our work and determine if it's actually having the value that we had anticipated and hoped for." **Judge Freeman, on juvenile detention staffing crisis:** "I am telling you right now this is a breaking point where I have my court administrator working weekends in detention I mean she is doing overnights in detention on a regular if not weekly basis either on the weekends or during the week." **Judge Freeman, on court reporter shortage vulnerability:** "I lose a court reporter we will literally have to shut down court we we cannot find court reporters to come in we have funding for it it's already earmarked so it's already been approved." **Judge Freeman, on WIRA 1 adjudication scale:** "To give some context we're somewhere between six and eight thousand filings a year so when you think about 30,000 potential claimants that's massive. That puts us in the category of like a Snohomish County when it comes to to numbers with a much smaller batch." **Council Member Elenbaas, on community feedback:** "I want to tell you just so you know that I I've received a lot of positive feedback about you specifically in regards to the work done in the courtroom and which is odd because I think most people view the judge as somebody that's scary and and mean."

## Meeting Overview The Whatcom County Council Criminal Justice and Public Safety Committee convened on February 10, 2026, for a special presentation from Superior Court Presiding Judge David Freeman on the state of the court system. Committee Chair Barry Buchanan called the meeting to order at 11:35 a.m. in council chambers, with all seven council members present: Elizabeth Boyle, Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica Rienstra, Jon Scanlon, and Mark Stremler. The meeting was structured around a single agenda item — a comprehensive overview of the Superior Court's operations, challenges, and achievements. Judge Freeman's presentation painted a picture of a court system adapting to significant growth while managing complex new responsibilities, particularly the massive WRIA 1 water rights adjudication that has fundamentally altered the court's workload and resource needs. ## State of the Superior Court: Structure and Growth Judge Freeman began by outlining the court's organizational changes since 2023, emphasizing the major restructuring that separated the Superior Court from the clerk's office. "That reorganization was something that was both ethically required for us to do and we did get a judicial ethics opinion on that and and it just made good sense as well as the clerk's office clearly does fall within the realm of the executive branch," Freeman explained. The court expanded to five Superior Court judges in 2024, with one position funded by the state specifically for the WIRA 1 water adjudication. Additionally, they added a commissioner position through legislative work in Olympia to assist with the adjudication. Beyond these water-related positions, Freeman noted, "we have been stagnant as far as our bench." One significant addition that Freeman highlighted was a program manager position approved by the council. "It is helping us focus on some of the programs that we just didn't have the traction to focus on before like pretrial services," he said. "That's an area where a program manager has been a huge resource for us." ## Caseload Explosion: The WIRA 1 Impact The most dramatic change facing the court is the WRIA 1 water rights adjudication, which Freeman described as fundamentally altering their operations. "About 30,000 plus summons went out," he explained, putting this massive number in perspective: "To give some context we're somewhere between six and eight thousand filings a year so when you think about 30,000 potential claimants that's massive. That puts us in the category of like a Snohomish County when it comes to numbers with a much smaller batch." This influx represents years of work ahead. "That is something we are managing but you're we're going to see that probably for the next decade or so where it kind of ebbs and flows and we'll have times where the Superior Court is able to provide some additional services with what we're getting from the state and times where we frankly are not going to be able to keep up with the the caseload coming out of the Y adjudication." Beyond the water adjudication, the court has seen substantial increases in other areas. Civil cases jumped significantly, with about 1,500 filings related to WIRA but still leaving "a substantial increase in civil filings" from other sources. Protection orders have increased dramatically due to state law changes, requiring the court to hire pro tem judges regularly. "We've had major changes with state law regarding protection orders so we've seen a dramatic increase in that," Freeman said. "That has been one area where we just simply don't have the staff for it." ## Innovative Practices: Breaking Down Silos Despite these challenges, the court has implemented new collaborative approaches that have dramatically improved trial availability. Freeman described a fundamental shift in how judges work together: "The biggest thing that we have done is we are looking at it across the bench when it comes to trial work and assigned cases... simply because the case is assigned to a certain department doesn't mean that it has to stay there." This collaborative approach has yielded impressive results. The court held substantially more trials in 2024, and Freeman emphasized an often-overlooked statistic: cases where juries were called but ultimately not needed. "It's reflective of the fact that our bench has become we are doing a lot of things... to make us more accessible to get trials out particularly in the criminal side. If somebody wants a trial we have generally had availability as these numbers would suggest." The key change, Freeman explained, is constant communication among judges and their staff: "You know we're talking amongst ourselves on a Friday afternoon about you know one person is going into a criminal trial how long that's going to last and what the next two weeks would look like... I think that is if I had to pinpoint one area where I think we've improved with with availability for trial work it is those changes in practice where we're not so siloed in our departments and it's a real group effort now to get out as much as we can." ## Pretrial Services: Validation and Reform The court has made significant strides in pretrial services, though not without challenges. Freeman reported that they validated their risk assessment tool this year, with disappointing results regarding bias. "We had some disappointing results when it came to some bias that was caught in those in that validation but what I want to say is I think I think this is how this is supposed to work," he said. Rather than abandoning the tool, the court is retooling it. "The takeaway from the the assessment is that you know we have to retool it a bit. I don't think it's something that we throw out it's something that we look at where the problem areas are and we reimplement it and hopefully find some more funding in the future to revalidate." The program manager has been instrumental in implementing best practices and refining the risk assessment. They've made adjustments to how they score risk levels, what constitutes serious violent crimes, and how they handle failure-to-appear incidents, particularly in light of Blake decision impacts on prior convictions. ## Adult Recovery Court: Capacity Success Adult recovery court represents one of the court's clear success stories. "We're graduating more people and we're having less people who are unsuccessful so more graduates less people dropping out of the program," Freeman reported. The challenge now is capacity: "We had times last year where we were basically at capacity where we wouldn't have been able to admit anyone or within one or two folks of that that's a great problem to have." This represents a remarkable turnaround. "We saw numbers decline dramatically after Blake we weren't sure what the trajectory of the program would look like following that and it's kind of boomed in the last couple of years," Freeman said, crediting Judge Olson's leadership and court administration. The program has expanded beyond traditional courtroom interactions, including community outreach like their first recovery court picnic. Freeman showed a photo of the event, noting: "That is the I mean those are the types of things that I'm going to talk about later that we're also trying to be more accessible with things like doing these community outreach programs and incorporating recovery court into something like an outing over the summer where you've got what like four judicial officers showing up and and interacting on a casual basis with everyone." ## Juvenile Court and Data Improvements The juvenile court has benefited from grant funding for the Family and Juvenile Court Improvement Program (FJCIP), designed to reduce tension in dependency cases. "Dependencies are tough and they bring out a lot of emotions you've got parent-child relationships that are at stake you've got it doesn't get any more serious than a dependency matter and sometimes that can raise the the level of tension I think in the room," Freeman explained. The FJCIP position has provided an unexpected benefit: improving the court's data collection capabilities. When Freeman became presiding judge, he identified data quality as a priority: "We know our data is bad data has been an issue since I served on the incarceration reduction task force that we want better data but our data is tied up with the state and it's tied up with Odyssey and it's not necessarily ours." The FJCIP position is helping train staff on the Odyssey system and working with state-level personnel to improve data access. "So far we've identified areas where we have record-keeping concern that we need to address and I think that's the first step before we actually then move on to the data," Freeman said. ## Community Outreach and Judicial Independence The court has significantly expanded its community engagement efforts, largely driven by Judge Slattery's leadership. "I think the addition of Judge Slattery brought a lot to the table and she's phenomenal with with outreach," Freeman said. Activities include bringing Law Day to the courthouse, hosting students for mock trials, and educational programs about the legal process. Beyond public outreach, the court has increased its statewide presence. Judge Grochmall now serves on the Judicial College faculty, Freeman teaches with the Judicial Institute, and the court has become heavily involved in water law statewide due to their WIRA role. Particularly notable is their partnership with the local Bar Association for an event called "speak out," which promotes judicial independence. Freeman emphasized this effort's importance: "Based on you know some of the some of the I'll just say kind of attacks on the judiciary over the last few years it's been important for us with Law Day and with speak out to reinforce the the importance of an independent judiciary." Special events like Adoption Day and Family Reunification Day have become highlights of the court's community engagement. Freeman showed photos from these events, including one of himself with a snake painted on his face. "Child asks you to get a snake painted on your face you get a snake painted on your face," he explained with obvious fondness for these community connections. ## Ongoing Challenges: Staffing and Infrastructure Despite successes, the court faces significant challenges. Court reporter shortages represent a critical vulnerability. "We have two courtrooms without it and we only have two court reporters I lose a court reporter we will literally have to shut down court we we cannot find court reporters to come in," Freeman warned. The JABS recording system installation has been approved and funded but remains incomplete. "There might come a point where if we if if because of other county priorities it becomes a crisis for us I may have to use court order for that not for the funding it's already been funded by by y'all it's just a timing issue," he said. Attorney shortages affect all areas of the court's work, from criminal cases to civil matters, dependencies, and guardianships. With upcoming caseload standards from the state, Freeman predicted significant pressure: "We are going to see a major both financial pressure on the county and also just it's not even financial we just there just aren't enough attorneys out there." ## Juvenile Detention Crisis The most urgent challenge Freeman presented was juvenile detention staffing. The court manages detention through a memorandum of understanding dating to the 1990s, but current staffing levels are unsustainable. "We only have three on the floor most of the time one of those has to be in the control booth," he explained. The staffing crisis has reached a breaking point: "I have my court administrator working weekends in detention I mean she is doing overnights in detention on a regular if not weekly basis either on the weekends or during the week I have my my detention manager coming back from a full-time job during the week and pulling those shifts when she's needed it's not sustainable it just is I'm telling you right now it is not sustainable." Freeman, usually reserved in his requests, made clear the urgency: "I don't ask lightly because I know the financial circumstances of the county and I've been very reserved with asking for things like that that this has been seeing the work that those folks are doing beyond their regular jobs right now it's just it's yeah it's not sustained." ## Water Rights Discussion and Judicial Ethics The meeting concluded with an exchange between Judge Freeman and Councilmember Elenbaas about water rights policy. Elenbaas asked about appropriate channels for discussing adjudication policy frameworks, acknowledging the delicate nature of potential future interactions between the council and the court. Freeman carefully explained his approach to maintaining judicial ethics while fulfilling necessary functions. Before the adjudication was filed, he had some communications with potential parties, but "after the filing really not to have direct communication." He can discuss policy matters and make public comments on legislation but cannot address anything directly related to how the adjudication is proceeding. "I make public comments on current legislation if it's policy related I can't talk about anything directly related to how our adjudication is proceeding but I can talk about policy," Freeman explained, offering to connect the county with resources from other states with successful adjudication experience. When Elenbaas asked about framework discussions for potential mediated settlements, Freeman provided historical context from the Yakima adjudication while carefully noting the limitations of what he could discuss about future proceedings in his own jurisdiction. The judge did offer one clear piece of guidance for constituents asking about the adjudication: "I think the one thing that I can say because it promotes access to justice we want people to file their claims it promotes access to justice and when people don't file their claims they can lose those water rights... the fact is that if if claims aren't filed ultimately they may lose those rights." ## Looking Ahead As the meeting concluded, Judge Freeman's presentation revealed a court system simultaneously managing unprecedented growth and implementing innovative solutions. The WRIA 1 adjudication will dominate the court's work for years to come, while ongoing challenges in staffing, infrastructure, and resource allocation require sustained attention from county leadership. Committee Chair Buchanan, who had participated in an adoption day ceremony, praised Freeman's courtroom management, noting positive community feedback about the judge's approach. This personal touch reinforced Freeman's broader message about the court's efforts to be both more accessible and more effective in serving the community while maintaining judicial independence and ethical standards. The presentation ended at 12:10 p.m., fifteen minutes past the scheduled adjournment time, reflecting the complexity and importance of the issues discussed. Council members left with a comprehensive understanding of their court system's achievements, challenges, and critical needs — particularly the urgent juvenile detention staffing crisis that Freeman characterized as unsustainable in its current form.

## MODULE S1: STUDY GUIDE **Meeting ID:** WHA-CON-CJS-2026-02-10 A structured study guide helping readers understand the meeting's content and context. Written for a general civic audience — assume no prior knowledge of the issues. ### Meeting Overview The Whatcom County Council Criminal Justice and Public Safety Committee met on February 10, 2026, for a presentation by Superior Court Presiding Judge David Freeman on the state of the court system. Judge Freeman provided an overview of structural changes, caseload increases, and operational challenges facing the county's Superior Court. ### Key Terms and Concepts **WRIA 1 (Water Resource Inventory Area 1):** The Nooksack River watershed region where a major water rights adjudication case is underway. This legal process will determine who has rights to water from the Nooksack River and its tributaries. **Water Rights Adjudication:** A court process that determines and prioritizes all water rights claims in a specific area. The WRIA 1 adjudication involves about 30,000 potential claimants and could last 10-20 years. **Superior Court:** Washington's trial court of general jurisdiction that handles felony criminal cases, civil cases over $100,000, appeals from lower courts, and family matters like dependencies. **Pretrial Services:** Court programs that assess defendants before trial and recommend conditions for release, such as monitoring or check-ins, to reduce jail populations while ensuring public safety. **Blake Decision:** A 2021 Washington Supreme Court ruling that struck down the state's drug possession law, requiring courts to vacate many related convictions and affecting how courts handle substance abuse cases. **Adult Recovery Court:** A specialized court program for defendants with substance abuse issues that provides treatment and intensive supervision as an alternative to traditional prosecution. **Commissioner:** A judicial officer who assists judges by handling certain types of cases like protection orders, with authority delegated by the judges. **Protection Orders:** Court orders that prohibit someone from contacting or approaching another person, typically in domestic violence or harassment situations. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | David Freeman | Superior Court Presiding Judge | | Barry Buchanan | Committee Chair, County Council | | Elizabeth Boyle | County Council Member | | Ben Elenbaas | County Council Member | | Kaylee Galloway | County Council Member | | Jessica Rienstra | County Council Member | | Jon Scanlon | County Council Member | | Mark Stremler | County Council Member | ### Background Context Whatcom County Superior Court is managing significant challenges while trying to provide timely justice. The court expanded from four to five judges in 2024, but one position is funded by the state specifically for the water rights adjudication. This massive legal case involves determining water rights for the Nooksack River watershed—a process that affects thousands of property owners, farmers, tribes, and municipalities. Meanwhile, state law changes have dramatically increased certain types of cases, particularly protection orders and guardianships (as alternatives to dependency cases). The court system statewide faces a severe shortage of attorneys, making it difficult to provide legal representation in both criminal and civil cases. Court reporters are also extremely difficult to find and hire, limiting the court's ability to conduct trials that require transcription. The timing is critical because new state caseload standards may soon require counties to fund more public defense attorneys, putting additional financial pressure on local governments while attorney shortages make it unclear whether qualified lawyers would even be available to hire. ### What Happened — The Short Version Judge Freeman gave council members a comprehensive update on Superior Court operations. He explained that while the court has successfully increased trial availability through better collaboration between judges, several major challenges remain. The water rights case has added about 1,500 new civil filings, and state law changes have increased protection orders and guardianship cases significantly. The court has made improvements in areas like adult recovery court (graduating more participants) and pretrial services (implementing best practices), though their risk assessment tool showed bias problems that need fixing. Community outreach has expanded with events like adoption day and law day presentations. The most urgent issue presented was juvenile detention staffing. The court manages the juvenile detention facility through an agreement with other government branches, but critical staffing shortages mean administrators are working nights and weekends to keep the facility running safely. Judge Freeman indicated this situation is unsustainable and may require hiring another full-time employee or renegotiating the management agreement. ### What to Watch Next • Administrative Office of the Courts will conduct a statewide judicial needs survey in coming weeks that could support requests for additional judges in Whatcom County. • The JABS recording system installation in two courtrooms is funded but delayed—timing is critical since losing a court reporter could force courtroom closures. • Potential changes to the juvenile detention management agreement if staffing issues cannot be resolved through additional hiring. ---

## MODULE S2: FLASH CARDS **Meeting ID:** WHA-CON-CJS-2026-02-10 Generate 15-20 flash cards covering the key facts, decisions, people, and concepts from this meeting. Flash cards should be concise — question on one side, answer on the other. **Q:** How many Superior Court judges does Whatcom County currently have? **A:** Five judges total—four handling regular cases and one funded by the state specifically for the WRIA 1 water rights adjudication. **Q:** What does WIRA stand for and why is it important to the court? **A:** WIRA stands for Water Resource Inventory Area. The WIRA 1 adjudication involves about 30,000 potential water rights claimants and has added approximately 1,500 civil case filings to the court's workload. **Q:** What major structural change happened to Superior Court in 2023? **A:** The Superior Court split from the Superior Court Clerk's office, creating two separate branches of government for ethical and operational reasons. **Q:** How many protection order cases has the court seen recently? **A:** The court has seen a "dramatic increase" in protection orders due to major changes in state law, requiring regular use of pro tem judges to handle the caseload. **Q:** What problem was discovered with the court's pretrial risk assessment tool? **A:** A validation study found disappointing results showing bias in the risk assessment tool, though the court views this as part of the proper process of testing and improving their methods. **Q:** How has adult recovery court performed recently? **A:** Adult recovery court is graduating more people and having fewer unsuccessful participants, sometimes reaching capacity with wait lists. **Q:** What is the Blake decision and how did it affect the court? **A:** The Blake decision was a Washington Supreme Court ruling that invalidated the state's drug possession law, requiring courts to vacate many convictions and affecting how they handle substance abuse cases. **Q:** How many criminal and civil trials did the court conduct in 2024 compared to previous years? **A:** The court substantially increased trials in 2024, with specific numbers shown in Judge Freeman's presentation indicating significant improvement in trial availability. **Q:** What recording system challenge does the court face? **A:** Two courtrooms lack JABS recording systems, and with only two court reporters available, losing even one reporter could force courtroom shutdowns. The system is funded but installation has been delayed. **Q:** Who is the current presiding judge of Superior Court? **A:** David Freeman serves as the presiding judge and is also assigned to handle the WRIA 1 water adjudication. **Q:** What is the most urgent staffing problem facing the court? **A:** Juvenile detention is severely understaffed, with court administrators working nights and weekends to maintain minimum safety levels. Judge Freeman called this unsustainable. **Q:** How does the court manage juvenile detention? **A:** Through a memorandum of understanding (MOU) with other branches of government dating to the 1990s, not because it's legally mandated but as an agreed arrangement. **Q:** What community outreach activities has the court expanded? **A:** Adoption Day, Family Reunification Day, Law Day presentations, student mock trials, and educational programs, with Judge Slattery leading many of these efforts. **Q:** What is FJCIP and what does it do? **A:** Family and Juvenile Court Improvement Program—a state-funded grant position that works to reduce tension and improve relationships between different parties in dependency cases. **Q:** What upcoming survey could affect court resources? **A:** The Administrative Office of the Courts will conduct a statewide judicial needs survey that could support requests for additional judges based on caseload data. **Q:** How many potential claimants are involved in the water rights adjudication? **A:** About 30,000 summons were sent out to potential claimants, though not all identified parties may have been reached yet. **Q:** What happens to people who don't file water rights claims? **A:** By operation of law, they may lose their water rights if they don't participate in the adjudication process. **Q:** What collaboration changes have improved trial availability? **A:** Judges now work together across departments rather than staying siloed, sharing cases and coordinating schedules to maximize trial opportunities. ---