Chapter 1.228
COURTHOUSE SECURITY AND COURTS OPEN TO ALL ACT

Sections:

1.228.010    Courthouse security and Courts Open to All Act.

1.228.010 Courthouse security and Courts Open to All Act.

It is the intent of Chelan County to implement the provisions of SHB 2567 codified in RCW 2.28.300 through 2.28.340, 3.02.070, and 35.20.290, the Courts Open to All Act, establishing a statewide policy restricting enforcement of federal civil arrests in and around Washington’s court facilities to prevent impediments caused thereby to the fundamental mission of Washington’s courts to ensure due process and access to justice for everyone.

(1) Judges, court staff, court security personnel, prosecutors, and personnel of the prosecutor’s office:

(A) Shall not inquire into or collect information about an individual’s immigration or citizenship status, or place of birth, unless there is a connection between such information and an investigation into a violation of state or local criminal law; provided, that a judge may make such inquiries as are necessary to adjudicate matters within their jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any information regarding immigration status as it deems appropriate to protect the liberty interests of victims, the accused, civil litigants, witnesses, and those who have accompanied victims to a court facility; and

(B) Shall not otherwise provide nonpublicly available personal information about an individual, including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702, to federal immigration authorities for the purpose of civil immigration enforcement, nor notify federal immigration authorities of the presence of individuals attending proceedings or accessing court services in court facilities, unless required by federal law or court order.

(2) This policy does not limit or prohibit any state or local agency or officer from:

(A) Sending to, or receiving from, federal immigration authorities the citizenship or immigration status of a person, or maintaining such information, or exchanging the citizenship or immigration status of an individual with any other federal, state, or local government agency, in accordance with 8 U.S.C. Section 1373; or

(B) Complying with any other state or federal law.

(3) Personnel providing security of a court facility, using a form provided by the state administrative office of the courts as described herein, shall collect the name of the law enforcement officer, agency, date, time, specific law enforcement purpose, and the proposed law enforcement action to be taken by all on-duty state and federal law enforcement officers, including plain-clothed officers, entering court facilities, unless such officer’s purpose is to participate in a case or proceeding before the court. Completed forms must be immediately transmitted to the appropriate court staff. Information collected must not include personal identifying information concerning the individuals who were the target of the law enforcement action, and to the extent such individuals are identified, they must be identified by the initials of their first and last names. Completed forms must be transmitted to the administrative office of the courts on a monthly basis.

(4) Designated court staff must be notified without delay if a law enforcement agent covered by this section is present in the court facility with the intent of conducting a civil arrest.

(5) No person is subject to civil arrest while going to, remaining at, or returning from, a court facility, except:

(A) Where such arrest is pursuant to a court order authorizing the arrest;

(B) When necessary to secure the immediate safety of judges, court staff, or the public; or

(C) Where circumstances otherwise permit warrantless arrest pursuant to RCW 10.31.100.

(6) For purposes of this section, “going to” and “returning from” includes the area within one mile of the court facility.

(7) Prior to any civil arrest in or on a court facility authorized by subsection (1) of this section, a designated judicial officer shall review a court order authorizing any civil arrest to confirm compliance with subsection (1) of this section.

(8) Nothing in this policy is intended to narrow, or in any way lessen, any common law or other right or privilege of a person privileged from arrest pursuant to RCW 2.28.300 through 2.28.320 or otherwise.

(9) This policy is applicable to all the superior courts, courts of limited jurisdiction, district, and municipal courts operating in Chelan County buildings and/or on the Chelan County government campus. (Res. 2021-33, 3/15/21).