By Mark Morey
Yakima Herald-Republic
YAKIMA, Wash. (AP) — Jose Valencia was 14 years old and looking forward to a high school football camp when he was hurt in a rear-end auto crash in 2004.
Valencia never got to play football, and he’s a sophomore now at the University of Washington.
But more than three years after his attorney filed a lawsuit against the driver accused of causing the crash, the case is still waiting to go to trial.
He’s not alone. Yakima County Superior Court has a backlog of more than 500 civil cases.
Starting next month, however, the court will embark on a new approach using volunteer judges to reduce that backlog.
Proponents believe it’s the first time such an approach has been used in the state, and possibly beyond.
The proposal was partly inspired by Richard Bartheld, the Yakima lawyer who represents Valencia.
It came to him after learning several months ago that a trial date for the lawsuit would be delayed yet again.
In a letter he fired off to court consultant Harold Delia, he volunteered to serve as a part-time judge — for free — in order to help clear the backlog.
Bartheld says now that he was more frustrated than serious, but he’s ready to step up since Delia, judges and other attorneys have shown support for his idea.
“Maybe it’s time I be a solution to the problem, rather than a source of the problem,” Bartheld said in explaining his reasons for volunteering.
Starting in March, nine or more local attorneys will serve as volunteer judges, taking over a federal courtroom donated for the purpose.
The parties in the cases before them — everything from divorces and custody disputes to contract violations and medical malpractice lawsuits — will have to agree on which judge will handle the matter.
Delia said the attorneys who have agreed to serve as judges are experienced in civil law. He expects more attorneys to volunteer as they learn of the program.
The county will not specifically approve volunteers in what is effectively a self-policing system.
State law does not require special certification as a judge beyond being a licensed attorney in good standing. The local bar suggested that each attorney selected to volunteer have at least 10 years experience; they will undergo regular training that the county offers for pro tem judges.
The effort has benefits for all of those involved, proponents say.
Attorneys and their clients will be able to avoid the frustration of getting their cases bumped; attorneys will gain experience as a judge, which will be valuable if they decide to run for a permanent post; and the county effectively gets a free resource to deal with a continuing problem.
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