Clallam County Superior Court Transparency Dispute Escalates

A formal Petition for Internal Review, identified as No. 2026-12, was filed today to challenge the Superior Court’s refusal to release judicial search warrant logs. The filing contests the court’s position regarding administrative records related to warrant activity.

The request for these logs was originally submitted on February 27. The materials sought cover the tenure of former Court Commissioner Brian Parker from January 2025 until his termination in February 2026, as well as logs from then-Commissioner Brent Basden covering the years 2007 through 2011.

Search warrant logs are considered essential public records. The Washington Supreme Court has established that such documents allow the public to evaluate police and prosecutorial conduct and ensure that judicial officers serve as neutral magistrates rather than rubber-stamping raids.

Rather than releasing the documents, Superior Court Administrator and Public Records Officer Lacey Halberg denied the request in full on April 10. She stated that the records were “categorically exempt under GR 31.1 as chambers records.” Additionally, Halberg did not provide a summary of appeals procedures as required by state rules. Instead, she concluded the correspondence by stating, “This is the final communication you will receive in connection with this request.”

Earlier reporting noted that Halberg previously used a similar blanket denial strategy earlier this year regarding emails between Judge Basden and a former court employee. Following an internal review filed in April, the court abandoned its categorical exemptions regarding those emails.

The petition filed today outlines arguments asserting that the denial violates state court rules, the Washington Constitution, and the common law right of access.

The Public’s Right to Know

The petition raises several central arguments against the court’s attempt to withhold information.

Misapplication of Rules to Decades-Old Records The Public Records Officer utilized GR 31.1 to withhold logs dating from 2007 to 2011. However, GR 31.1 applies only to records created on or after January 1, 2016. Access to earlier records is governed by the common law balancing test, which favors public access to search warrant materials.

Logs Are Institutional Court Records The assertion that a multi-year log of warrant activity constitutes a personal “chambers record” contradicts the court’s own actions. Following Commissioner Parker’s termination by Presiding Judge Simon Barnhart this past February, the court could not locate his search warrant log. Clallam County Human Resources Director Bonnie Dennler formally demanded that Parker return the document to the courthouse. The petition argues that an institution does not demand the return of personal papers, but rather its own official records.

Procedural Violations GR 31.1 requires that every response to a records request include a written summary of the procedures for further review. The petition alleges that this requirement was not met in the April 10 denial.

Accountability Measures Advance as Court Faces Deadline

The Public Records Office declined to comply with a directive requiring ongoing oversight of its decisions, opting instead to conclude the matter prematurely by labeling its rejection as definitive.

A formal reminder was issued this afternoon to both Public Records Officer Halberg and Presiding Judge Simon Barnhart, underscoring the court’s legal obligation under GR 31.1(d)(3) to finalize internal reviews within five business days.

Statutory provisions mandate that government entities handle public records requests openly, avoiding abrupt or sweeping restrictions without justification.

Ongoing review of the court’s adherence is planned, with advocacy efforts focused on reinforcing public access as a cornerstone of transparent governance.

The approach to recordkeeping must balance efficiency with openness—unfettered discretion and broad confidentiality do not align with democratic expectations.

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