Despite mounting public concern and a critical state review highlighting shortcomings in case handling, Judge Brent Basden remains in charge of Clallam County’s most sensitive family law matters.

His current docket shows a full schedule, with adoption proceedings set for 8:30 a.m., the regular family law calendar at 9:00 a.m., and domestic violence protection order hearings scheduled for 1:30 p.m.

Judicial Tenure Under Scrutiny

While Basden’s appointment of former Commissioner Brian Parker drew significant media attention, veteran court observers highlight more enduring concerns tied to his judicial practices and administrative conduct. Analysis of two key incidents underscores these concerns:

  • 2014 Domestic Violence Tragedy: In a high-stakes domestic violence matter, Becky Kardonsky, a survivor of abuse, had asked the court for supervised visitation with her then-partner, Gary Borneman, expressing serious safety concerns. Basden declined the request. Weeks later, Borneman killed Kardonsky’s boyfriend and confronted her at gunpoint. Kardonsky later reflected that the incident “could have been avoided if the judge fulfilled his responsibilities.”
  • 2015 Custody Fatalities: A toddler’s death followed Basden’s handling of a custody dispute. State Department of Social and Health Services staff had voiced early concerns about the child’s living arrangement, but their input did not influence Basden’s final ruling. The child passed away two months after the decision.

When questioned about the outcome in the Blanton case, Basden noted that he “doesn’t leave the courtroom to visit the homes where these children live.”

Authority to Act Rests with Presiding Judge

Basden’s continued presence on the bench raises questions about the protection of at-risk families, yet state judicial rules provide a clear path for corrective action. Presiding Judge Simon Barnhart holds formal power to intervene, based on the Washington State General Rules.

General Rule 29 designates the presiding judge responsibility for overseeing case flow and resource allocation to promote timely, equitable resolution. Subsection (f)(1) specifies that the presiding judge must ensure cases are processed efficiently, while subsection (h) outlines supervision over judicial officers—including the duty to respond when performance lags. Subsection (f)(2) further empowers the presiding judge to shape policies around judge assignments.

These provisions collectively empower Barnhart to issue a temporary administrative directive suspending Basden from active case duties across Clallam County Superior Court.

Potential for Executive Intervention

Though removing an incumbent judge from ongoing matters is uncommon, it aligns with administrative best practices when systemic inefficiencies or risks to fairness emerge.

Barnhart has previously exercised his discretion in personnel decisions, including the termination of Commissioner Parker. With that precedent and his rule-based authority in hand, he now faces a consequential decision: whether to invoke his oversight role to reassign or suspend Basden’s caseload.

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