Pierce County Superior Court Judge — Position 6

Judicial Questionnaire

Candidate Information

Candidate Name: Tom Quinlan
Position Sought: Pierce County Superior Court Judge — Position 6 (Non-incumbent)
Home Legislative District: 26
Democrat: Judicial candidates are prohibited by the Code of Judicial Conduct from disclosing a party affiliation.

Campaign Information

Manager or Point of Contact: Mary Ann Ottinger
Phone: +1425-466-0619
Address: PO Box 65245, University Place, WA 98466
Website: www.quinlanforjudge.com
Email: quinlanforjudge@gmail.com
Facebook:
Twitter:

Part I – Candidate Background

1. Please briefly describe your qualifications, education, employment, community and civic activity, union affiliation, prior political activity, and other relevant experience.

I have had a legal career about which I feel both proud and fortunate, and my qualifications can be summarized in 5 points: My candidate ratings, judicial experience, breadth of experience, military service, and the trust that is placed in me by the legal community.

Ratings: I have been rated “Exceptionally Well Qualified” to serve by SIX independent Bar associations – their highest rating. See below for details.

Judicial Experience: I have served as Superior Court Judge Pro Tem for 6 years and a Judge Pro Tem for two Pierce County municipalities, where I have presided over matters ranging from contested traffic infractions to a domestic assault jury trial. As Superior Court Judge, I have assisted in high conflict family law cases, including involving matters of child custody. I have been a Superior Court Commissioner Pro Tem, making decisions on matters ranging from child custody and support related matters to probate and landlord tenant law issues.

Broad Legal Experience: I have experience in all substantive areas of the law that a Superior Court Judge will encounter, including both civil and criminal law. Early in my career, I gained trial experience practicing criminal law and family law. For more than a decade, I have practiced as a civil trial attorney. I represent clients in State Superior Courts, as well as federal courts. My practice has been primarily personal injury litigation, bankruptcy litigation, construction and real property litigation, as well as business organization and corporate commercial transactions law. I have represented clients in family law matters and am regularly in juvenile court as volunteer counsel for a charitable organization involved in dependency matters. All of my experience includes resolution through mediation, arbitration, or trials.

Military: My civilian legal career is complimented by my 22 years of experience as a Judge Advocate in the US Army Reserve. I am a Lieutenant Colonel currently assigned as the Deputy Commander of a unit comprised of lawyers and paralegal non-commissioned officers. I am directly responsible for ensuring that Soldiers are fully trained in all aspects of military law, including the Uniform Code of Military Justice (UCMJ) and Sexual Harassment and Assault Prevention (SHARP). Recently, I have been the legal advisor to a General Officer Commander. I provided professional oversight and leadership in the production of legal opinions and review of command generated actions on a variety of matters such as military justice, ethics, administrative law and labor law. I provided standards of conduct guidance as the command’s primary ethics counselor. My previous position was that of Senior Defense Counsel, Pacific Northwest Region, where I was responsible for providing trial defense counsel services to Army Reservists charged with crimes. I detailed or scheduled counsel to represent American Soldiers charged with violations of the UCMJ and became acutely familiar with PTSD and other mental health related issues.

Trust: I have accepted court-appointed representation in complex guardianship estate and bankruptcy litigation. I regularly represent other lawyers, and have represented judges and their family members. This trust from other attorneys and members of the judiciary shows their confidence that I have the required skill, knowledge, and temperament to be Judge.

Education:
College/University Dates of Attendance Degree

University of Puget Sound 1982-1986 Bachelor of Arts
University College Dublin Spring 1985 study abroad/exchange

Seattle University School of Law 1989-1991 Juris Doctorate
US Army Judge Advocate 1998 JAG Certification
General Legal Center & School
US Army War College 2018 Master of Science
Strategic Studies
Employment:

Since graduation from law school in 1991, I have been in private law practice in Pierce County, with representation of clients in 11 WA counties . My civilian career has been augmented and enhanced by my military legal career.

Smith Alling, P.S. – 2015 to date
Miller, Quinlan & Auter, P.S.-1994 to December 2014
Rovai, Miller & Orlando 1991 to 1994
Pierce County Assigned Counsel-1990 (investigator/assistant)
King County Prosecuting Attorney Office (1989)(victims assistance unit)
U.S. Army Reserve, Judge Advocate General Corps-1998 to date (trial counsel, Chief of Administrative Law, Senior Defense Counsel, Command Judge Advocate, Deputy Commander, etc.)

Senior Litigation Attorney January 2015 to date
Smith Alling, P.S., Inc. Tacoma, WA

Civil practice with referrals from both lawyers and judges
Represents clients in State and Federal Courts, including jury trials and contested hearings
Develops legal strategies for successful outcomes by maximizing time and money resources
Researches and writes legal briefs and creates legal documents
Shareholder responsible for firm personnel and annual budgets

Shareholder/Attorney 1994 to December 2014
Miller, Quinan & Auter, P.S. Fircrest, WA

Civil practice representing clients in State and Federal Courts, including jury trials
Administrative law hearings in licensing, gambling commission, revenue compliance
Law firm associate attorney and staff personnel manager
Practice in all areas of the law in multiple venues in Washington

Judge Advocate July 1998 to date
U.S. Army Reserve JBLM, WA

Experienced in both administrative and criminal law, with overseas service
A leader, mentor and trainer of lawyers and paralegals
A trusted senior lawyer providing legal counsel to generals and military planners
Past-Chief, Trial Defense Services PNW Region (criminal defense)
Past, Trial Counsel (government prosecutor)

Community and Civic Activity:

2013 to date-Trustee of South Sound CARE (Cancer Awareness Research Education) an organization whose mission is to enhance availability of cancer patients from the South Sound region to participate in clinical cancer trial research in hope of identifying cancer genomes, cures, and treatment procedures.

Washington State Bar Association (1991 to date)
Washington Young Lawyers Division-President (2000-01)
Washington Young Lawyers Division-Trustee (1993-95)
Tacoma-Pierce County Bar Association (1991 to date)
Immediate-past President (2013-14)
President (2012-13)
Vice-President (2011-12)
Chair, Bar Convention Committee (2013)
Co-chair, Judicial Qualifications Committee (2013)
Chair, Long Range Planning Committee (2013)
Young Lawyers Section-President (1997)
Young Lawyers Section-Trustee (1995)
Tacoma-Pierce County Bar Foundation (1998; 2013)-Trustee
Judge Robert Bryant (Puget Sound) Inns of Court-Barrister (2009-11)

2007 to 2012-member of the Washington Thoroughbred Breeders Association (WTBA).

2. What law firms or public law offices (i.e. King County Prosecutor’s Office) have you worked for? Have you served as a prosecutor or a public defender? Please include dates, and title for each position that you have held, as well as areas of law practiced.

Since graduation from law school in 1991, I have been in private law practice in Pierce County. My civilian career has been augmented and enhanced by my military legal career.
Smith Alling, P.S. – 2015 to date
Miller, Quinlan & Auter, P.S.-1994 to December 2014
Rovai, Miller & Orlando 1991 to 1994
Pierce County Assigned Counsel-1990 (investigator/assistant)
King County Prosecuting Attorney Office (1989)(victims assistance unit)
U.S. Army Reserve, Judge Advocate General Corps-1998 to date (Trial Counsel (prosecutor), Chief of Administrative Law, Senior Defense Counsel, Command Judge Advocate, Deputy Commander, etc.)

Senior Litigation Attorney January 2015 to date
Smith Alling, P.S., Inc. Tacoma, WA

Shareholder/Attorney 1994 to December 2014
Miller, Quinan & Auter, P.S. Fircrest, WA

Judge Advocate July 1998 to date
U.S. Army Reserve JBLM, WA

3. Have you ever served as a mediator or arbitrator? (If so, please describe your experiences.) If you are an incumbent, do you perform settlement conferences?

%3. Have you ever served as a mediator or arbitrator? (If so, please describe your experiences.) If you are an incumbent, do you perform settlement conferences?%

4. Have you been a judge pro-tem? If so, what was that experience like? What did you learn from it?

Yes. I am a Pierce County Superior Court Judge Pro Tem. I have been entrusted with that position for six years by other judges who select the panel annually. I have served as a Pierce County Superior Court Commissioner Pro Tem where I have presided over family law, landlord tenant, domestic violence and probate matters. I have acted as judge pro tem in municipal courts where I have handled matters ranging from criminal trials to traffic infractions. I observed and experienced many things during my tenure as a pro tem jurist. These experiences have reinforced my conviction that each case before a judge should be treated with undivided attention, patience and impartiality. In addition, it is important to treat all participants with respect and dignity, a component of which is providing a detailed statement of the basis for any decision made.

5. What do you believe are the most important qualifications for a judge or justice?

A judge must uphold the dignity of the office. Each case before a judge should treat every case with undivided attention, patience and impartiality. In addition, it is important to treat all participants with respect and dignity, a component of which is providing a detailed statement of the basis for any decision made.

6. What prompted you to run for this office? What priorities are you seeking to address with your campaign?

I am motivated to become a Pierce County Superior Court judge because I am called to make a positive difference in the community. I want to bring my 25 years of experience as a courtroom lawyer and legal counselor, my unique leadership skills and training as a Judge Advocate, and my legal education to this position. I was recently honored to receive the Distinguished Service Award from the Tacoma-Pierce County Bar Association, which in its preamble states “For years of changing lives for the better….” I believe that statement sums up my reasons and that I am uniquely qualified to serve in this position.

7. What steps are you taking to run a successful campaign?

I have retained the services of a professional campaign manager/consultant who specializes in judicial campaigns, and together we have been preparing for the campaign for a number of months. I have a strong database, will shortly be having a campaign kick-off event, and will be speaking to all groups with an interest in judicial elections. I have a strong campaign committee and expect that they will be able to raise the funds necessary for me to win.

Part II – Position-specific

1. Do you support making it easier for Washingtonians who are not members of the bar to access public records, particularly at the Superior/District court levels, where per-page fees are charged?

Yes. As a branch of our government, the judiciary must be transparent and adhere to the principal of open administration of justice as provided by Article I, section 10 of the Washington State Constitution. I would follow the law in all respects to records disclosure and would follow the Court’s General Rules 31 and 31.1 to the letter. These rules mandate public access to case records and court administrative records of all kinds.

2. Do you have any thoughts on how our courts should address the growing use of smartphones during court proceedings, particularly by jurors?

In order to ensure a fair trial and avoid potential mistrials due to disqualification, juror use of cell phones or wireless devices with internet access to research issues or even access court files during the course of a trial should be prohibited and jurors should be given specific instructions in that regard – early and often during the trial — much like instructions avoiding news publications.
For courtroom attendees, some accommodations are appropriate for the press to bring in laptops, cell phones, and other wireless devices when appropriate and when not a source of distraction to the parties or jurors.
Taking pictures of jurors, witnesses, or undercover agents, which may be used to intimidate or bring harm to these individuals, should be prohibited.
I recognize that electronic courtrooms are now common, and often attorneys must bring in electronic devices in order to present their case or conduct research on electronic systems. I would allow the self-represented (pro se) to use electronic devices in the courtroom during trial on the same basis as attorneys.

3. Is Washington relying too much on court fees to cover the cost of operating our judicial system? How do you believe our courts should be funded?

Yes, especially to the extent that fines result in failure of a defendant to rehabilitate resulting in repeated return to the court system. I would consider the financial resources of the individual and may replace or substitute fines with measurable community service hours on a case-by-case basis as circumstances warrant. In order to be truly independent and trusted by the people as fair, non-partisan and transparent the judicial branch of government should be fully funded by annual budgets and not by ancillary funding from fines and user fees.

Part III – Access to Justice

1. If elected, how will you work to improve access to justice, particularly for communities and constituencies that do not understand the American legal system?

I would work with the court administrator and the courthouse facilities manager to collaborate with the Tacoma-Pierce County Bar Association’s Volunteer Legal Services program to increase a presence within the courthouse so that pro se litigants have more direct access to information and services. This, in turn, may provide some relief to the over-burdened courthouse facilitator. This is especially important in the realm of family law and landlord tenant disputes. I would continue to support legal clinics and make referrals to those on a case-by-case basis.

2. What does the phrase Black Lives Matter mean to you as a judicial candidate?

Black Lives Matter relates to the judicial candidate in terms of our criminal justice system and its administration by the judiciary. I am very familiar with the Report on Race and Washington’s Criminal Justice System, co-authored by now Justice González. Its findings are that racial and ethnic minorities are disproportionally in the DOC system and the juvenile justice system. Charging crimes is within the discretion of the Prosecutor, which discretion should be reviewed for potential abuses and/or biases by the courts. The adjudicative process is within the realm of the trial judge, in which I am mindful of the report’s findings of financial disparities impact on representation and potential for bias in the jury selection processes. Adult criminal sentencing is governed by the WA Sentencing Reform Act, which was intended to provide some uniformity in sentences by establishing sentencing ranges, but nonetheless leaves some discretion to judges. The Juvenile Justice Act also provides standard range sentencing guidelines, with additional discretionary measures allowed the sentencing judge. In light of the report’s findings, including recognition of unintended racial and ethnic biases, I would be ever vigilant and mindful of the potential for bias creeping into the decision-making process and assess each matter before me on a case-by-case basis.

3. What ideas can you offer to make our judicial system more open, transparent, and responsive?

I would (as I have as Judge Pro Tem and arbitrator) provide the detailed reasons for my decisions. In my view, a publically elected judiciary presupposes that what occurs in a public proceeding is worthy of public judgment. Second, I would willingly, when given the opportunity outside of the bench, work to inform the public about the court system and its programs.

By typing my name below, I declare under penalty of perjury the foregoing is true and correct.

Printed Name: Tom Quinlan

Date: 03/04/2020

Pierce County Superior Court Judge — Position 6 – Tom Quinlan