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Don Gronning
Smitty Hagopian
Age: 61
Town of Residence: Northport, WA (Colville address)
Occupation: Chief Criminal Deputy Prosecuting Attorney – Stevens County Question: How do you ensure fairness and impartiality when deciding cases? Answer: Ensuring fairness and impartiality are always front of mind for a Judge. As every lawyer must learn to think like their opponent so that they are fully prepared for court, so do Judges learn to go from being one-sided advocates as lawyers, to being fair and impartial decision makers as Judges. It’s a progression over time and experience matters in achieving that goal in every case.
Question: How much discretion does a judge have when issuing a no-contact order?
Answer: A tremendous amount of discretion. In criminal cases, those orders are common with certain types of criminal allegations, such as assaults of all types, domestic violence cases, burglaries, thefts, any crime against a person. The criminal no-contact orders are rarely contested. But civil no-contact orders (there are 6 different kinds of no-contact orders in WA) can be issued without any input by the person who is being requested to be restrained, at least on an emergency basis. In those cases the Judge’s decision is almost completely discretionary. But within 14 days, the individual restrained may appear in court to contest the imposition of the order and present evidence to the Judge to counter the accusations. The thinking is better to be safe than sorry as long as it is only one sided for a temporary period. Civil no-contact orders are very frequently contested and the Judge will hear testimony whenever the parties to the action are ready to present it.
Question: What types of cases have you handled, and how has that prepared you to serve as Superior Court Judge?
Answer: I have handled almost every type of case that comes before the Superior Court in my career. The exception is real estate law as that is a specialty area that I have been consulted about, but I know my limits. After an analysis of the types of cases that have come before the Superior Court in the Tri-County Judicial District in 2023, I can accurately say that I have handled 98+% of the types of cases heard in Superior Court during my 33 year career. That extensive experience in the courtroom is invaluable to a Superior Court Judge, as is real trial experience in the Superior Court, which is another asset that I bring to the position. The vast majority of cases that come before the Superior Court are family law related (divorce, custody, child-support, adoption, grandparents rights) and criminal law related (I defended for 28 years in all court levels and prosecuted for 5 years almost exclusively in Superior Court), 2 areas where I have the most experience, but not limited to those 2 types of cases only.
Lisa Malpass Childress
Age: 55
Town of Residence: Elk, Washington
Occupation: Attorney
Question: How do you ensure fairness and impartiality when deciding cases?
Answer: My integrity and freedom from outside influence or conflicts of interest ensure fairness and impartiality in the Tri-County Superior Court. It is easy for me to step aside from cases with real or perceived conflicts of interest. I believe in equal treatment, access to justice and the opportunity to be heard. My legal decisions are based on the Constitution, legal precedent, statutes and case law, setting aside person beliefs or outside influence. I am transparent as demonstrated by my explanation of the reasoning and legal basis for rulings made. When facing discretionary decisions, I still rely on established law to ensure fairness, but weigh all evidence, consider all relevant facts and apply the law in non-arbitrary manner. I have a strong belief a Judge have self-awareness and participate in ongoing training in order to recognize and minimize personal biases. I am not beholden or influenced by prestige, money, or personal values. Judicial bias or conflicts of interest can be a quick road map to judicial misconduct if careless. As an individual with at least 17 years of community and blue collar work experience before my decades of practice as a lawyer, I have the education, experience and training to do the hard things in a respectful, impartial and fair manner.
What sets me apart is my work ethic, commitment to participating in community outreach and education to understand the communities I serve. I desire to promote public trust in the judicial system.
Question: How much discretion does a judge have when issuing a non-contact order?
Answer: A judge has significant discretion when issuing a no-contact order.
Under Washington law, Judges evaluate the risk to the victim based on the evidence presented, including the nature and severity of the alleged offense using a preponderance of the evidence burden of proof (more likely than not). Judges can impose various conditions, such as prohibiting any form of contact (in person, by phone, or online), setting distance restrictions, and including specific locations the respondent must avoid. The duration of a no contact order can vary. For example, in non-felony cases, the order can remain in place for the maximum period that a sentence could be suspended. Judges also have the authority to modify or terminate no contact orders if circumstances change. Either party can request a hearing to discuss these changes. What is very important to know is if a no-contact order has been issued prior a criminal charge that order shall expire at arraignment or within seventy-two hours if charges are not filed. An alleged victim would then need to seek a civil protection order on their own and present it to the Court for review under the same discretionary standards. In urgent cases, judges can issue temporary no contact orders quickly, often based on limited initial evidence, to provide immediate protection.
This flexibility ensures that the orders are appropriate for the specific situation and provide the necessary protection for the victim.
Question: What types of cases have you handled, and how has that prepared you to serve as Superior Court Judge?
Answer: As an attorney, mediator, pro tem Judge, prosecutor, defense attorney, civil litigator, I have experience in trial, negotiation, mediation and/or motion practice and appeals in Municipal, District, Superior courts and WA Court of Appeals for administrative law, criminal and civil matters. These areas of law include, but are not limited to, domestic violence prosecution, Trust disputes, real property, landlord tenant law, protection orders, vulnerable adult protection, family law, business and agency law, personal injury, guardianship, probate, wills, judicial review petitions seeking relief from government agency decisions, and power of attorney disputes. I also have experience as a mediator, leader of professional organizations, trustee, personal representative, guardian ad litem, court visitor, CASA and zealous advocate for the vulnerable in our communities.
I have more than 21 years of legal experience in Eastern Washington and North Idaho. Yet, it is not the number of years practiced that qualifies me but how I practice, the depth and breadth of the legal matters I have managed, litigated or defended and my reputation in those courts which uniquely qualifies me to serve as a Superior Court Judge. In my opinion, exclaiming you have been lawyer for decades is not a measure how well you have practiced law or a proof of your quality as a lawyer to sit on the bench.
A measure of a Superior Court Judge is how well the community, peers, opponents, clients and other judicial officers or court staff support you via their interactions and personal knowledge.
