November 18, 2024

Washington Courts Network Status Update

“The Administrative Office of the Courts (AOC) is in the process of bringing up systems on the Washington Courts network, following successful work and testing throughout the weekend.  While forensic analysis is ongoing, according to security experts, AOC has taken all steps necessary at this time to secure systems and the unauthorized activity that was detected has been eliminated.  We can confirm that there was no detected breach of data and the event did not result in ransomware, due to quick action taken to isolate and secure the network. A post-event release will follow the next meeting of the state's Judicial Information System Committee in December as we learn more. As we continue to bring up the system, it is anticipated that there will be intermittent disruptions as the network and its applications are highly interconnected and operating in a new technical environment. To help minimize disruptions, the Blake Refund Bureau, the Appellate Court Document Portal and e-filing for appellate courts will continue to be offline until the network is stable. We appreciate the public's continued patience as we work towards providing full restoration and functionality.”

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November 14, 2024

CLERK’S ALERT

King County Superior Court Clerk’s Office E-Filing Systems Replacement Project

 

The King County Clerk’s Office/Department of Judicial Administration replaced its E-Filing application on November 12, 2024. Instead of filing documents through a separate application, electronic filing are now integrated into the Clerk’s Office case management system (also known as the KC Script Portal).

Previously, the E-Filing application allowed customers to electronically file a new case, file documents into an existing case, and register for e-service; as well as submit Orders for Review, Ex Parte via the Clerk submissions, and electronic working copies. The new system allows customers to access all E-Filing services through the KC Script Portal. 

 WEBINAR

The Clerk’s Office provides instructions and a webinar about the new system.  These resources guide customers on how to use the new E-Filing features.  If you are not able to attend this session, it will be recorded and available for viewing on the Clerk’s Office website. Also, attorneys can obtain CLE credit for attending this public webinar.

E-Filing Public Webinar:  November 14, 2024—12:15-1:45   
Registration Link

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October 4, 2024

On July 17, 2024, the Washington State Bar Association’s Practice of Law Board approved an initial draft order for implementing a pilot test of entity regulation. Following a comment period, on September 18, 2024, the Practice of Law Board approved a revised draft order to implement a pilot test for submission to the Washington Supreme Court. A clean version of the revised order was submitted to the Court as a Proposed Order for Pilot Project to Test Entity Regulation on September 27, 2024. Review the feedback received on the Entity Regulation Pilot Project here. For more information, please visit the Pilot Test of Entity Regulation page.

[Source: WSBA website]

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September 28, 2024

‘‘Security And Financial Empowerment for Survivors Act of 2024’’ or the ‘‘SAFE for Survivors Act of 2024’’. S.5132 - A bill to promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes.

Highlights of the 2024 SAFE Act include: 

Increased Access to Leave; The SAFE for Survivors Act allows victims to take time off from work—40 days of leave, ten of which must be paid—without penalty in order to contend with the consequences of gender-based violence, including attending court appearances, seeking legal assistance, and getting help with safety planning. For too many victims, access to these essential services can mean the difference between life and death.

Enhanced Workplace Protections; The SAFE for Survivors Act prohibits discriminatory employment practices in connection with survivors of domestic or sexual violence and requires employers to provide reasonable accommodations to assist survivor dealing with the aftermath of violence.

Access to Unemployment Benefits; The SAFE for Survivors Act allows victims in every state access to unemployment benefits if they are fired or forced to leave their job because of abuse.

Insurance Protections for Survivors;  The SAFE for Survivors Act prohibits denial or restriction of insurance coverage based on the status of the applicant or insured regarding abuse or abuse related claims, ensuring that victims are not punished for their abusers’ crimes.

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September 21, 2024

Third-Party Visitation
Possible Washington State Legislative Proposal?

The Washington State Bar Association’s Family Law Executive Committee (FLEC) has been advised of the potential submission of new, uniform legislation that would significantly re-write Washington’s current third-party visitation statute, enacted in 2018, currently codified under chapter 26.11 RCW. 

This potential uniform legislation, based upon a 2018 template that has in the past six years been adopted by only Kansas and North Dakota, would significantly expand the scope of standing for a petitioning party to bring an action for third-party visitation.  Moreover, this potential uniform legislation would expand the remedies available to a court such that ex parte relief, temporary relief, ordering the appointment of guardian ad litem, appointment of counsel for the subject child[ren] and the ordering of services for parties would become available, all of which are currently unavailable under the current law. 

 FLEC has had an opportunity to review this potential uniform legislation and has taken the position to oppose such a bill if it were to be dropped.  It is FLEC’s position, inter alia, that the potential uniform legislation would be found to be unconstitutional along the same lines as has occurred in Washington’s (and the US Sup. Ct.) robust appellate history by way of Troxel, Smith, and C.A.M.A. 

 Updated information on this topic will be included on this Breaking News page and on the Legislative Activity page.

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September 6, 2024
WSBA Board of Governors Meeting

Presentation by Practice of Law Board member Craig Shank on POLB’s
Proposed Pilot Project for Entity Regulation.

YouTube

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Date: August 31, 2024
Re: WSBA Practice of Law Board (POLB) Proposed Beta Test of Entity Regulation

The WSBA Board of Governors will meet Friday and Saturday, September 6-7, 2024.  Here are links to the Saturday, Sept. 7 Agenda* and Materials.   An agenda item will be the Practice of Law Board (POLB) Proposed Beta Test of Entity Regulation.   

The following is the relevant excerpt in the Materials: 

One of WSBA’s current strategic priorities is to assess technology-related opportunities and threats and to determine its role with respect to regulation, consumer protection, and support for legal professionals. In furtherance of that priority, in November 2023, the Board voted to support conducting a beta test (now referred to as a pilot project) of entity regulation using the Framework for Data-Driven Legal Regulatory Reform created by the Practice of Law Board (POLB).1 On July 17, the POLB approved a draft order that, if approved by the Court, would provide the authority and establish the roles and responsibilities for executing the pilot project. In July, we also began to develop a communications and outreach plan to ensure that there is an opportunity for review of and feedback about the draft plan before it is submitted to the Court. This plan includes providing an opportunity for member and public comment during the September Board of Governors meeting. Feedback can also be submitted to entityregulationpilot@wsba.org

More information, including the draft order and a frequently asked questions document, is available here. The goal is to send the proposed order and feedback to the Court at the end of September as a joint recommendation of the POLB and WSBA.

The WSBA Family Law Executive Committee (FLEC) has expressed concerns and questions about POLB’s proposal in this Letter addressed to the Board of Governors and the Superior Court Judges Association. 

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Related:

Institute for the Advancement of the American Legal System, Denver University
Regulatory Models

Domestic

Implemented Programs:

Utah

Programs Under Consideration:

Illinois

Minnesota

Washington

Programs Not Moving Forward:

California

Florida

Virginia

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The Minnesota State Bar Association is currently seeking members interested in serving on a new Artificial Intelligence (AI) Committee. The Committee will further explore recommendations from the AI Working Group in addition to monitoring developments in AI as they impact the legal profession, with a goal of providing guidance and best practices to attorneys in ethics and other areas. The Committee will meet monthly via zoom beginning in the fall of 2024.