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HomeMy WebLinkAboutCONSENT RESOLUTION Courts Open to All ActAPPENDIX 1 APPENDIX 1 August 25, 2025Workshopon Adoption of aPolicy to Comply with the Keep Washington Working Act& the Courts Open to All ActBrandon Mack, Superior Court JudgeMindy Walker, District Court JudgePhilip C. Hunsucker, Chief Civil DPAAugust 25, 20251Appendix 1 AGO Guidance Implementing the Keep Washington Working Act2019: The Washington State Legislature passed the Keep Washington Working Act, RCW 43.17.420(KWW). 2020: the Courts Open to All Act, RCW 2.28.310through 2.28.330(COTA) was enacted by the Washington Legislature during the 2020 Legislative Session.RCW43.10.310requires all Washington courthouses to adopt policies consistent with the Office of the Attorney General’s (AGO) model policy for Washington Courthouses.August 25, 2025COTA Policy 2 August 25, 2025COTA Policy 3AGO Guidance Implementing the Keep Washington Working ActAGO Guidance at 2. August 25, 2025COTA Policy 4AGO Guidance Implementing the Keep Washington Working ActAGO Guidance at 1. RCW43.10.310(2019): Must Publish Courthouse PolicyAugust 25, 2025COTA Policy5RCW43.10.310Immigration enforcement model policies—Adoption by schools, health facilities, courthouses.(1)The attorney general, in consultation with appropriate stakeholders, must publish model policies within twelve monthsafter May 21, 2019, for limiting immigration enforcement to the fullest extent possible consistent with federal and state law atpublic schools, health facilities operated by the state or a political subdivision of the state, courthouses, and shelters, to ensure they remain safe and accessible to all Washington residents, regardless of immigration or citizenship status.(2)Allpublic schools, health facilities either operated by the state or a political subdivision of the state, and courthousesmust:(a)Adopt necessary changes to policies consistent with the model policy; or(b) Notify the attorney general that the agency is not adopting the changes to its policies consistent with the model policy,state the reasons that the agency is not adopting the changes, and provide the attorney general with a copy of the agency's policies.(3)All other organizations and entities that provide services related to physical or mental health and wellness, education,or access to justice, are encouraged to adopt the model policy.(4) Implementation of any policy under this section must be in accordance with state and federal law; policies, grants,waivers, or other requirements necessary to maintain funding; or other agreements related to the operation and functions of the organization, including databases within the organization.(5) The definitions in RCW43.17.420apply to this section. August 25, 2025COTA Policy 6Resolution with JCSO Change: Collection of InformationDraft Resolution, Section 3(a). August 25, 2025COTA Policy 7Resolution: Civil ArrestsDraft Resolution, Section 3(b). August 25, 2025COTA Policy 8Resolution: Gathering Information Re Immigration or Citizenship StatusDraft Resolution, Section 3(c). August 25, 2025COTA Policy 9Resolution: Responding to Requests for InformationDraft Resolution, Section 3(d). August 25, 2025COTA Policy 10Resolution: Use of County ResourcesDraft Resolution, Section 3(e)(1)-(2). August 25, 2025COTA Policy 11Resolution: Use of County ResourcesDraft Resolution, Section 3(e)(3). August 25, 2025COTA Policy 12Resolution: Use of County ResourcesDraft Resolution, Section 3(e)(4) – (5). Workshop DiscussionDiscussionComments Judge Walker or District Court Staff.Comments from Judge Mack or Superior Court Staff.August 25, 2025COTA Policy 13 Questions?14 APPENDIX 2 APPENDIX 2 1 of 5 STATE OF WASHINGTON County of Jefferson In the Matter of Adopting a Policy Required by the Courts Open to All Act (COTA) RESOLUTION NO. ___________________ WHEREAS, Washington State Legislature passed the Keep Washington Working Act, RCW 43.17.420 (KWW), during the 2019 legislative session; and, WHEREAS, in 2020, the Courts Open to All Act, RCW 2.28.310 through 2.28.330 (COTA), was enacted by the Washington Legislature during the 2020 Legislative Session; and, WHEREAS, RCW 43.10.310COTA requires the county to adopt a policy that addresses civil arrests at court facilities and limits state and local engagement in federal immigration matters; and, WHEREAS, Jefferson County does not have a policy that addresses civil arrests at court facilities and limits state and local engagement in federal immigration matters; and WHEREAS, the Washington Attorney has a model policy to comply with COTA; and, WHEREAS, representatives of the Superior and District Courts, including Judge Mack and Judge Walker, the Sheriff, Richard Davies of Jefferson Associated Counsel, and Philip Hunsucker from the Prosecuting Attorney’s Office met on August 12, 2025 to discuss the requirements of COTA; and, WHEREAS, the Board of County Commissioners held a workshop on August 25, 2025 to discuss the requirements of COTA; and, WHEREAS, the Superior and District Courts, the Sheriff’s Office, Jefferson Associated Counsel, and the Prosecuting Attorney’s Office and the Board of County Commissioners agree that a policy that complies with COTA is necessary; and, WHEREAS, Jefferson County recognizes that the Washington judicial branch is founded upon the fundamental principle that courts shall be assessible accessible to all persons; and, WHEREAS, Ensuring ensuring access to justice requires that all courthouses remain spaces that are open to the public and that every person be able to participate in judicial proceedings, access services, conduct business with the court, and engage as otherwise necessary for the administration of justice; and, WHEREAS, after a hearing on [DATE] with the opportunity for public commentWHEREAS, the Board of County Commissioners adopts by this Resolution a policy that complies with COTA; and; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners hereby adopts the above “Whereas” clauses as Findings of Fact. Section 2. Purpose. The purpose of this resolution is to adopt a policy that addresses civil arrests at court facilities and limits state and local engagement in federal immigration matters that complies with COTA. APPENDIX 2 2 of 5 Section 3. COTA Policy Adopted. The following policy is hereby adopted: (a) Collection of Information (1) In accordance with COTA, and in order to safeguard the public and to maintain the orderly operations of the court, the Jefferson Chief Civil Deputy Sheriff or their designee shall collect the following information from on-duty state and federal law enforcement officers entering the courthouse, including plain-clothed officers, unless such officer is present in or on courthouse facilities to participate in a case or proceedings before the court or is a law enforcement officer with the Jefferson County Sheriff’s Office: name, badge number or other identifying information, agency, date, time, specific law enforcement purpose, and the proposed law enforcement action to be taken. (2) The Jefferson Chief Civil Deputy Sheriff or their designee shall immediately transmit information collected pursuant to subsection (a) to the County Administrator or their designee. If the law enforcement officer’s stated purpose is to conduct a civil arrest at the courthouse, the Jefferson Chief Civil Deputy Sheriff or their designee shall immediately advise the County Administrator or their designee. (3) The County Administrator or their designee shall transmit information collected pursuant to subsection (a) to the Administrative Office of the Courts on a monthly basis. (b) Civil Arrests at or Near Courthouse Facilities Jefferson County Courthouse personnel shall not aid in or support any person being subject to arrest or having their freedom restricted or hindered solely for a civil immigration offense while present in, going to, or returning from the Jefferson County Courthouse, including within one mile of the courthouse facility, except: (i) by valid court order or judicial warrant; (ii) when it is necessary to secure the immediate safety of judges, courthouse personnel or the public; (ii) where circumstances otherwise permit warrantless arrest pursuant to RCW 10.31.100; or, (iii) where the court has issued a writ or other order setting forth additional conditions to address circumstances specific to an individual or other relevant entity. (c) Gathering Information Related to Immigration or Citizenship Status (1) Jefferson County Courthouse personnel shall not inquire about, request, or collect from any person information about the immigration or citizenship status, or place of birth of any person accessing services provided at the courthouse, unless there is a connection between such information and an investigation into a violation of state or local criminal law, provided that a judge may make such inquiries as are necessary to adjudicate matters within their jurisdiction. Jefferson County recognizes that judicial officers may enter orders or conditions to maintain limited disclosure of any information regarding immigration or citizenship status, or place of birth as they deem appropriate to protect the liberty interests of crime survivors, the accused, civil litigants, witnesses, and those accompanying crime survivors to a courthouse facility. For the avoidance of doubt, this section does not prohibit employees of the Jefferson County Auditor’s Office from receiving information from applicants for processing passport applications. 3 of 5 (2)Jefferson County Courthouse records of information regarding a person’s immigration or citizenship status, or place of birth, shall be aggregated or de-identified from the individual, unless otherwise required by law. Jefferson County Courthouse personnel maintaining said information in any other way shall report their retention procedure and basis to the County Administrator or their designee prior to collecting the information. (d)Responding to Requests for Information Jefferson County Courthouse personnel shall not provide personal information to any person or entity for immigration enforcement purposes, unless: (1) in the same method by which such information is available to the public; or, (2) subject to a court order or otherwise required by state or federal law. Jefferson County Courthouse personnel shall complete training to become familiar with the different types of documents used for information requests and how to respond to the different types of requests, including compliance with 8 U.S.C. § 1373 (Section 1373). (e)Use of Courthouse Resources (1)Jefferson County Courthouse personnel shall not use any courthouse resources, including facilities and staff, to investigate, enforce, or assist with federal immigration enforcement absent a court order or judicial warrant or as otherwise required by state or federal law. (2)Jefferson County does not grant permission to any person engaging, or intending to engage, in immigration enforcement to access the nonpublic areas of the courthouse facilities, property, equipment, or databases. Jefferson County Courthouse personnel shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement. If Jefferson County Courthouse personnel receive a court order or judicial warrant authorizing immigration enforcement activity to occur in any nonpublic areas of the courthouse facilities, Jefferson County Courthouse personnel shall immediately contact the County Administrator or their designee to determine the appropriate course of action. (3)Before authorizing access to any nonpublic areas, the County Administrator or their designee shall confirm that the court order is issued and signed by a U.S. District Court Judge or Magistrate Judge and requires access by the specific individual by: (i)Obtaining a copy of the court order; (ii)Identifying the citation to the federal law violation for which the court order was issued; (iii) Identifying which U.S. District Court issued the order; (iv)Verifying that the order includes the correct date and location for enforcement; and, (v)Confirming that a U.S. District Court Judge or Magistrate’s signature is on the order. 4 of 5 (4) Jefferson County Courthouse contracts, partnerships, and programs between the Jefferson County Courthouse and other public or private entities—consistency with COTA. All Jefferson County Courthouse contracts, partnerships, and programs between the Jefferson County Courthouse and other public or private entities, including leases, agreements, and memorandums of understanding, shall be consistent with Jefferson County Courthouse policies, including provisions protecting personnel and the public from immigration enforcement, and state law, including the Courts Open to All Act, SHB 2567, Laws of 2020 ch. 37. Jefferson County Courthouse contracts, including leases, memorandums of understanding, and agreements, shall address compliance with Jefferson County Courthouse policies and state law, including the Courts Open to All Act, SHB 2567, Laws of 2020 ch. 37, by all parties and third parties. (5) Limits to sharing Jefferson County Courthouse data Jefferson County Courthouse data use/sharing contracts, including leases, agreements and memorandums of understanding, shall include provisions limiting permissible use of Jefferson County Courthouse data, including limits to sharing Jefferson County Courthouse data with any third parties; audit provisions; and remedies for noncompliance. Section 4. Severability. If any section, subsection, sentence, clause, phrase or section of this Resolution or its application to any person or circumstance is held invalid, the remainder of this Resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 5. SEPA Categorical Exemption. This Resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800 (19). Section 6. Effective Date. This Resolution shall take effect and be in full force immediately upon passage by the Board of County Commissioners. (SIGNATURES FOLLOW ON THE NEXT PAGE) 5 of 5 ADOPTED and APPROVED this _____ day of __________, 2025. SEAL: ATTEST: ______________________________ Carolyn Gallaway, CMC Date JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS ______________________________ Heidi Eisenhour, Chair ______________________________ Greg Brotherton, Member ______________________________ Heather Dudley-Nollette, Member APPROVED AS TO FORM: ______________________________ Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Approved: ______________________________ Brandon Mack Date Superior Court Judge ______________________________ Mindy Walker Date District Court Judge APPENDIX 3 APPENDIX 3 1 of 5 STATE OF WASHINGTON County of Jefferson In the Matter of Adopting a Policy Required by the Courts Open to All Act (COTA) RESOLUTION NO. ___________________ WHEREAS, Washington State Legislature passed the Keep Washington Working Act, RCW 43.17.420 (KWW), during the 2019 legislative session; and, WHEREAS, in 2020, the Courts Open to All Act, RCW 2.28.310 through 2.28.330 (COTA), was enacted by the Washington Legislature during the 2020 Legislative Session; and, WHEREAS, RCW 43.10.310 requires the county to adopt a policy that addresses civil arrests at court facilities and limits state and local engagement in federal immigration matters; and, WHEREAS, Jefferson County does not have a policy that addresses civil arrests at court facilities and limits state and local engagement in federal immigration matters; and WHEREAS, the Washington Attorney has a model policy to comply with COTA; and, WHEREAS, representatives of the Superior and District Courts, including Judge Mack and Judge Walker, the Sheriff, Richard Davies of Jefferson Associated Counsel, and Philip Hunsucker from the Prosecuting Attorney’s Office met on August 12, 2025 to discuss the requirements of COTA; and, WHEREAS, the Board of County Commissioners held a workshop on August 25, 2025 to discuss the requirements of COTA; and, WHEREAS, the Superior and District Courts, the Sheriff’s Office, Jefferson Associated Counsel, and the Prosecuting Attorney’s Office and the Board of County Commissioners agree that a policy that complies with COTA is necessary; and, WHEREAS, Jefferson County recognizes that the Washington judicial branch is founded upon the fundamental principle that courts shall be accessible to all persons; and, WHEREAS, ensuring access to justice requires that all courthouses remain spaces that are open to the public and that every person be able to participate in judicial proceedings, access services, conduct business with the court, and engage as otherwise necessary for the administration of justice; and, WHEREAS, the Board of County Commissioners adopts by this Resolution a policy that complies with COTA; and; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners hereby adopts the above “Whereas” clauses as Findings of Fact. Section 2. Purpose. The purpose of this resolution is to adopt a policy that addresses civil arrests at court facilities and limits state and local engagement in federal immigration matters that complies with COTA. Section 3. COTA Policy Adopted. The following policy is hereby adopted: APPENDIX 3 2 of 5 (a) Collection of Information (1) In accordance with COTA, and in order to safeguard the public and to maintain the orderly operations of the court, the Jefferson Chief Civil Deputy Sheriff or their designee shall collect the following information from on-duty state and federal law enforcement officers entering the courthouse, including plain-clothed officers, unless such officer is present in or on courthouse facilities to participate in a case or proceedings before the court or is a law enforcement officer with the Jefferson County Sheriff’s Office: name, badge number or other identifying information, agency, date, time, specific law enforcement purpose, and the proposed law enforcement action to be taken. (2) The Jefferson Chief Civil Deputy Sheriff or their designee shall immediately transmit information collected pursuant to subsection (a) to the County Administrator or their designee. If the law enforcement officer’s stated purpose is to conduct a civil arrest at the courthouse, the Jefferson Chief Civil Deputy Sheriff or their designee shall immediately advise the County Administrator or their designee. (3) The County Administrator or their designee shall transmit information collected pursuant to subsection (a) to the Administrative Office of the Courts on a monthly basis. (b) Civil Arrests at or Near Courthouse Facilities Jefferson County Courthouse personnel shall not aid in or support any person being subject to arrest or having their freedom restricted or hindered solely for a civil immigration offense while present in, going to, or returning from the Jefferson County Courthouse, including within one mile of the courthouse facility, except: (i) by valid court order or judicial warrant; (ii) when it is necessary to secure the immediate safety of judges, courthouse personnel or the public; (ii) where circumstances otherwise permit warrantless arrest pursuant to RCW 10.31.100; or, (iii) where the court has issued a writ or other order setting forth additional conditions to address circumstances specific to an individual or other relevant entity. (c) Gathering Information Related to Immigration or Citizenship Status (1) Jefferson County Courthouse personnel shall not inquire about, request, or collect from any person information about the immigration or citizenship status, or place of birth of any person accessing services provided at the courthouse, unless there is a connection between such information and an investigation into a violation of state or local criminal law, provided that a judge may make such inquiries as are necessary to adjudicate matters within their jurisdiction. Jefferson County recognizes that judicial officers may enter orders or conditions to maintain limited disclosure of any information regarding immigration or citizenship status, or place of birth as they deem appropriate to protect the liberty interests of crime survivors, the accused, civil litigants, witnesses, and those accompanying crime survivors to a courthouse facility. For the avoidance of doubt, this section does not prohibit employees of the Jefferson County Auditor’s Office from receiving information from applicants for processing passport applications. (2) Jefferson County Courthouse records of information regarding a person’s immigration or citizenship status, or place of birth, shall be aggregated or de-identified from the 3 of 5 individual, unless otherwise required by law. Jefferson County Courthouse personnel maintaining said information in any other way shall report their retention procedure and basis to the County Administrator or their designee prior to collecting the information. (d) Responding to Requests for Information Jefferson County Courthouse personnel shall not provide personal information to any person or entity for immigration enforcement purposes, unless: (1) in the same method by which such information is available to the public; or, (2) subject to a court order or otherwise required by state or federal law. Jefferson County Courthouse personnel shall complete training to become familiar with the different types of documents used for information requests and how to respond to the different types of requests, including compliance with 8 U.S.C. § 1373 (Section 1373). (e) Use of Courthouse Resources (1) Jefferson County Courthouse personnel shall not use any courthouse resources, including facilities and staff, to investigate, enforce, or assist with federal immigration enforcement absent a court order or judicial warrant or as otherwise required by state or federal law. (2) Jefferson County does not grant permission to any person engaging, or intending to engage, in immigration enforcement to access the nonpublic areas of the courthouse facilities, property, equipment, or databases. Jefferson County Courthouse personnel shall presume that activities by federal immigration authorities, including surveillance, constitute immigration enforcement. If Jefferson County Courthouse personnel receive a court order or judicial warrant authorizing immigration enforcement activity to occur in any nonpublic areas of the courthouse facilities, Jefferson County Courthouse personnel shall immediately contact the County Administrator or their designee to determine the appropriate course of action. (3) Before authorizing access to any nonpublic areas, the County Administrator or their designee shall confirm that the court order is issued and signed by a U.S. District Court Judge or Magistrate Judge and requires access by the specific individual by: (i) Obtaining a copy of the court order; (ii) Identifying the citation to the federal law violation for which the court order was issued; (iii) Identifying which U.S. District Court issued the order; (iv) Verifying that the order includes the correct date and location for enforcement; and, (v) Confirming that a U.S. District Court Judge or Magistrate’s signature is on the order. (4) Jefferson County Courthouse contracts, partnerships, and programs between the Jefferson County Courthouse and other public or private entities—consistency with COTA. 4 of 5 All Jefferson County Courthouse contracts, partnerships, and programs between the Jefferson County Courthouse and other public or private entities, including leases, agreements, and memorandums of understanding, shall be consistent with Jefferson County Courthouse policies, including provisions protecting personnel and the public from immigration enforcement, and state law, including the Courts Open to All Act, SHB 2567, Laws of 2020 ch. 37. Jefferson County Courthouse contracts, including leases, memorandums of understanding, and agreements, shall address compliance with Jefferson County Courthouse policies and state law, including the Courts Open to All Act, SHB 2567, Laws of 2020 ch. 37, by all parties and third parties. (5) Limits to sharing Jefferson County Courthouse data Jefferson County Courthouse data use/sharing contracts, including leases, agreements and memorandums of understanding, shall include provisions limiting permissible use of Jefferson County Courthouse data, including limits to sharing Jefferson County Courthouse data with any third parties; audit provisions; and remedies for noncompliance. Section 4. Severability. If any section, subsection, sentence, clause, phrase or section of this Resolution or its application to any person or circumstance is held invalid, the remainder of this Resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 5. SEPA Categorical Exemption. This Resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800 (19). Section 6. Effective Date. This Resolution shall take effect and be in full force immediately upon passage by the Board of County Commissioners. (SIGNATURES FOLLOW ON THE NEXT PAGE) 5 of 5 ADOPTED and APPROVED this _____ day of __________, 2025. SEAL: ATTEST: ______________________________ Carolyn Gallaway, CMC Date JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS ______________________________ Heidi Eisenhour, Chair ______________________________ Greg Brotherton, Member ______________________________ Heather Dudley-Nollette, Member APPROVED AS TO FORM: ______________________________ Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Approved: ______________________________ Brandon Mack Date Superior Court Judge ______________________________ Mindy Walker Date District Court Judge