[WSBARP] Commissioner turns a Show Cause hearing into a "trial" - anyone have experience with this?

[Kaitlyn Jackson]

Brain trust -

I just had a bizarre experience in front of a King County Commissioner for
what was supposed to be a show cause hearing for an unlawful detainer based
on a 3 day notice to quit for waste and nuisance and in compliance with
Proc. 20-19.2 arguing that the defendant's conduct put the immediate health
and safety of other tenants at risk. The hearing was initially set for
Wednesday. At the phone conference, the Commissioner asked the Defendant if
she's spoken to HJP. Defendant had not, so the Commissioner ordered a
continuance until today (without even asking me or my client if we would be
available today - but I digress). Of course, HJP did not represent this
defendant. So, at the hearing this morning, the Commissioner said that the
police reports and declarations I attached to the Complaint were "hearsay"
unless the police and the witnesses were present to testify. Frankly, I
told the court I was surprised by the process as presenting witnesses in
that manner (other than the Plaintiff) was usually only required or trial
and not for a simple show cause hearing (especially for having police
testify). I asked the Commissioner if he was setting the case for trial and
he said "this is trial." Well, ultimately without being able to present my
evidence, the Commissioner dismissed the case based on lack of evidence.

Yes I completely disagree with the court's conclusion. Frankly, it begs the
question, "how many drug needles left around the common areas are needed in
order to conclude that the health and safety of others is at risk?"

But the real issue I'm having here is the fact that I don't know how to
prepare for a show cause hearing that can be sua sponte declared a trial
without notice or an opportunity to prepare evidence. This is especially
true since the court can continue the scheduled hearings without asking
about availability if I'm expected to bring witnesses to testify.

I know I can do a motion for revision or a motion for reconsideration. I
think a reconsideration is a waste of time and resources. I may have more
luck with a revision but it seems like we are living in West World right
now so it feels like "anything goes" especially if your opponent is pro se.

Has anyone else had a situation like this arise? Is anyone willing to lend
some tips for managing the next steps?

I really appreciate any tips, stories, or ideas.

-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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