Recusal in Name Only

Weeks after the Washington State Commission on Judicial Conduct opened a formal inquiry into Clallam County Superior Court Judge Brent Basden, his efforts to separate himself from the controversy are proving ineffective. Following significant community criticism, Judge Basden, a former Stake President for the Church of Jesus Christ of Latter-day Saints, had formally stepped down from a contentious family law proceeding. The case involves allegations of child sexual abuse against a member of his former LDS Stake, Benjamin Mavy.

Despite that recusal, official court records show the judge remains deeply involved in the matter. The Clallam County Superior Court Family Docket for Friday, March 27, 2026, lists the Mavy case as the first item scheduled for Judge Basden’s 9:00 a.m. session. While a notation on the docket indicates a restraining order is to be heard first by a judge from Kitsap, the case remained assigned to Judge Basden’s physical docket in Courtroom 3.

A Court Observer Sounds the Alarm

Eyewitness accounts indicate this was not a clerical oversight, but rather an active participation by the judge during the March 27 hearing. A certified crime victim advocate, observing the proceedings, raised concerns regarding the judge's continued involvement. The advocate noted that while a disqualified judge may transfer a case or request a visiting judge, they are generally prohibited from participating in the substantive aspects of the matter.

During the hearing, Judge Basden was observed watching the proceedings and directly facilitating the scheduling and assignment of future dates. The advocate pointed out that such administrative tasks are typically handled by the court clerk’s office or superior court administration, not a recused judge. The advocate warned that this unusual involvement creates an alarming appearance of prejudice, emphasizing that due process requires a neutral decision-maker and that the justice system must remain free from even the appearance of impropriety.

Close Personal Relationship

Testimony from December 2025, regarding the trial proceedings, indicated that Mavy and Judge Basden share a close personal relationship, with Mavy stating that the judge is one of his "closest friends."

Piercing the Veil of the "Old Boys Club"

The surfacing of this ongoing judicial interference comes at a critical time. This month, a direct legal challenge was filed against this publication by an associate of Judge Basden, seeking to force the removal of investigative articles. Despite attempts to suppress reporting on the Clallam County bench, the transparency of the court’s own morning docket and the presence of vigilant advocates in the courtroom continue to raise questions regarding what critics describe as an LDS "old boys club."

The underlying CJC investigation stems from a formal complaint alleging Judge Basden allowed his ecclesiastical background to severely bias his rulings, prioritizing the protection of a fellow LDS church member over the safety of children who disclosed sexual abuse. By keeping the Mavy case on his docket and allegedly mediating in the proceedings after a forced recusal, Judge Basden’s actions raise profound questions about the integrity of the local family court system. While the CJC probe represents a crucial step in accountability, this latest development suggests that localized oversight is a fragment of the necessary solution.

The ongoing involvement of a recused judge in a significant child abuse dispute has exposed a structural weakness in the local court system. This situation may necessitate oversight from external bodies, including the Washington State Supreme Court or independent legal review organizations, to guarantee an impartial setting for parents seeking protective orders and survivors of abuse.

Presiding Judge Judge Barnhart possesses the authority to intervene in this matter. Under Washington State General Rule 29, the presiding judge is tasked with overseeing the court’s operations and distributing resources to ensure that legal disputes are resolved justly and quickly.

Specifically, General Rule 29(f)(1) requires the presiding judge to supervise the judicial district to guarantee the prompt and effective handling of all litigation. The rule extends this responsibility in section 29(h), which assigns the presiding judge the duty of monitoring judicial officers to ensure cases proceed without undue delay.

If a judicial officer fails to meet their obligations, General Rule 29(h) grants the presiding judge the power to address the failure and suggest corrective measures. Furthermore, General Rule 29(f)(2) empowers the presiding judge to create general policies regarding how judges are assigned to cases.

Consequently, if Judge Barnhart chooses to exercise this authority, he could issue a temporary administrative order that immediately removes Judge Brent Basden from all caseloads and assignments within Clallam County Superior Court. Such a move could effectively resolve the current impasse.

Until such action is taken, many in the public may continue to view Judge Basden’s conduct as favoring members of his Port Angeles LDS stake. This perception is particularly strong given that several litigants have explicitly stated that the judge’s religious affiliation might influence the outcome in their favor.