Address Confidentiality Program.
The Address Confidentiality Program (ACP) allows a person meeting certain criteria to apply to the Secretary of State for a separate address to serve as the person's public address in order to keep his or her actual address confidential. The ACP is available for victims of domestic violence, sexual assault, trafficking, or stalking, who fear for their safety. A person may apply on their own behalf or on behalf of a minor or incapacitated person who meets the criteria. A criminal justice participant, election official, health care services provider who provides specified protected health services, and their family members are eligible for the ACP if they are a target for threats or harassment prohibited under both the harassment and cyber harassment criminal statutes.
Harassment.
A person commits the crime of harassment by threatening another person with the intent to harm that person. For the communication to constitute harassment it must threaten bodily injury, property damage, physical confinement or restraint, or a malicious act, and the threatened person must reasonably fear that the threat will be carried out. Actions that constitute harassment include any form of communication, including electronic.
Cyber Harassment.
A person commits the crime of cyber harassment if the person makes an electronic communication to another person or a third party with the intent to harass or intimidate another person, except where such acts would constitute telephone harassment. To qualify as cyber harassment, the following criteria must be met:
The list of eligible individuals who qualify for the ACP on the basis of being a target for threats or harassment prohibited under both the harassment and cyber harassment criminal statutes is expanded to include appointed administrative law judges at the Office of Administrative Hearings (OAH), and appointed staff of the OAH.
The sworn statement that must accompany an application for the ACP program is modified to require the applicant to, among other things, swear under penalty of perjury that the applicant is the Chief Administrative Law Judge or an administrative law judge or staff at the OAH.
(In support) Currently judges who work for federal, state, and local courts are eligible for the ACP program but administrative law judges (ALJs) are not. The OAH handles about 50,000 to 60,000 cases per year from over 40 agencies. These cases involve highly emotional issues that have direct impacts on people's lives, and the decisions issued by ALJs on these cases have exposed ALJs and staff at the OAH to real threats similar to those received by federal, state, and local court judges. In response to recent threats, the OAH hired security for its buildings and requested that local law enforcement provide extra patrols outside the residence of one of the ALJs. Since the pandemic, many ALJs work from home, so this level of protection is a relevant and necessary tool that provides additional security measures if someone needs it.
Superior court county clerks (clerks) should be included in this policy as well. Clerks provide assistance to many individuals who are distraught, angry, or unstable and it is often the clerk's name on court documents pertaining to emotionally charged cases such as notices of eviction. Clerks are seeing an increase in threats made against them, particularly in eviction and family law cases. Adding the clerks to the legislation would provide them with the same protections as other justice system participants and their staff.
(Opposed) None.
Mike Wark, Office of Administrative Hearings; Micah Larripa, Office of Administrative Hearings; Timothy Grisham, WA Assn of County Officials; and Catherine Cornwall, King County Superior Court Clerk.