Skamania court sued over fees for hearings

A Vancouver law firm has sued Skamania County Superior Court, alleging the court has been violating state law by charging people every time they appear for a hearing by Zoom. The law firm of Erin Bradley McAleer filed the lawsuit Oct. 19 in Clark County Superior Court. The firm seeks a declaration by Skamania County saying the fee is invalid and an injunction against its continued collection. “Since Jan. 1, 2024, a $25 charge has been collected from nearly every person who appears at a Skamania County Superior Court hearing by videoconference, the mode of appearance that statewide court rules have made the default for criminal defendants since 2021,” the lawsuit states. Skamania County Court Administrator Pamela Bell declined to comment on the pending litigation. Skamania County Prosecutor Adam Kick did not respond to a request for comment. Washington’s Criminal Rule 3.4 outlines when a criminal defendant must appear in court, allowing them to attend many routine hearings through an attorney or via video to prevent disruptions such as missed work or childcare issues. To protect a defendant’s constitutional right to a fair trial, the law also mandates a defendant’s physical or remote presence at critical milestones such as arraignment, trial and sentencing. Some other Washington counties charge a fee to appear via Zoom, such as Wahkiakum County, which charges the same $25 fee per court hearing. Parties who appear via Zoom in Pacific County and need to submit an order for the judge’s signature must submit the order to the clerk’s office along with a $30 ex-parte fee. Pacific County charges $25 if the person is approved for a presence waiver. However, state law says courts may not charge fees for remote appearances. McAleer said the fee collected by Skamania County had been on his radar since the start of 2024 but the charges were initially infrequent. It wasn’t until the court started collecting the fee more regularly that he decided to look into the matter. He said every time a defendant accesses a Zoom link to appear in court they must pay $25, as well as an additional $25 for their attorney. “Access to justice is important, and you shouldn’t be forced to pay to play, especially if you are compelled to be there in a criminal case,” McAleer said. McAleer said his office sent a letter to Bell and Skamania County Superior Court Presiding Judge Randall Krog in August asking for clarification on the fee, but he did not receive a response. McAleer said he recognizes the courts have discretion on how a defendant appears for a hearing, but he said that most attorneys for Skamania County practice out of town, making in-person proceedings less common. “The other question is where is that money going?” McAleer said. “Annual Zoom costs are not that expensive, maybe a few hundred dollars a year at most.” McAleer said he has since filed a discovery request on the contracts the court has with Zoom. “We will see how this goes and if this will change future court proceedings in other counties, including Clark County,” McAleer said.

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