Clallam County Judge Simon Barnhart has overturned a decision by the Superior Court Administration to categorically deny a request for administrative records, affirming the public's right to transparency regarding communications between Judge Brent Basden and his former subordinate, Johnny Watts.

In an order issued today, Judge Barnhart ruled that the court administration cannot use a blanket exemption to withhold the emails.

The court is legally required to follow established administrative procedures to determine the context of the communications and the specific capacity in which Watts was operating.

The Public's Right to Know

The legal dispute centers on the fallout of the recent scandal involving Watts. Formerly the Adult and Juvenile Drug Court Coordinator under Judge Basden, Watts was arrested earlier this month following a standoff in Agnew.

Watts was later released on bail by visiting Kitsap County Judge Cadine Ferguson-Brown.

A subsequent raid uncovered a substantial local fentanyl and methamphetamine distribution network.

Recognizing the immense public interest in how a court employee with authority over vulnerable populations was vetted and managed, a request for administrative records was submitted on March 23.

The request sought any emails between Judge Basden and Watts from 2018 to 2024 to provide necessary oversight.

On March 27, Superior Court Administrator and Public Records Officer Lacey Halberg summarily denied the request.

Halberg stated the emails were “categorically exempt under GR 31.1 as chambers records” and declared the matter “closed.” The court administration refused to clarify whether an actual search for the records had even been conducted.

Defending Public Access

Access to public records is a cornerstone of free speech and a free press, empowering journalists and citizens to hold government institutions accountable.

On April 2, the administration’s denial was challenged through a formal Request for Internal Review, which raised three central arguments based on General Rule 31.1 and Clallam County Superior Court Policy No. 27:

  • Procedural Requirements: Agencies are required to search for and locate documents before claiming an exemption. Categorically denying a request without a search violates these mandates.
  • Mandatory Exemption Logs: The court failed to provide a redaction or exemption log detailing the specific legal basis for each withheld document—a requirement meant to ensure agencies do not arbitrarily hide records.
  • Application of GR 31.1: State rules and internal policies explicitly note that records do not become exempt “chambers records” merely because they are in the possession of a judge. If Judge Basden communicated with a court employee acting outside of strict chambers control, the exemption does not apply.

Barnhart’s Ruling

Judge Barnhart’s review validated the necessity of these transparency procedures, reinforcing the legal standards that govern judicial administrative records.

In his ruling, Judge Barnhart clarified that “chambers records” act as a specific exception rather than a blanket shield. He noted that “chambers staff” only includes administrative personnel “when that staff is providing support directly to the judicial officer at chambers.”

A court order issued on Thursday directs the Olympic Peninsula Regional Health District administration to identify and review electronic correspondence exchanged between Judge Basden and Johnny Watts from 2018 through 2024. Judge Barnhart’s ruling requires the district to ascertain if such emails exist and, if found, to classify Mr. Watts’s role during that period as either administrative staff or chambers staff.

The judge sent the discovery request back to Halberg for further action based on these specific findings. The administration is now legally required to assess the emails on a case-by-case basis.

This decision occurs while Judge Basden undergoes a separate formal inquiry by the Washington State Commission on Judicial Conduct. The ruling is viewed as a significant step toward maintaining press freedom and ensuring public accountability.

The Real Olympic Herald intends to closely monitor the court’s adherence to the new directives to ensure transparency standards are maintained.