A Q&A With District Court Judicial Candidates Allen Blackmon and Jon Volyn
Part one of a two-part series ahead of Election Day
The face of a district court judge is what most citizens see when they have their first brush with the judicial system. It might be because of a traffic infraction or because you need a protection order. Or it might be due to issues regarding a criminal matter. The role of a district court judge is important but often overlooked by most folks who, let’s face it, have busy lives.
But before this election season is over, I want to highlight the Chelan County District Court race.
The two candidates are longtime Chelan County prosecutor Allen Blackmon and current Chelan County primary Pro Tem (Latin meaning “for the time being”) judge Jon Volyn.
I reached out to both with a list of questions. For the most part, I asked them the same questions but did tailor a few to address each candidate’s relevant experience and priorities.
Here’s part one of a two-part series:
Q1, for both: What makes you the most qualified candidate to serve as the next Chelan County District Court judge?
Allen Blackmon:
I am the best candidate for this position for a multiple of reasons. I have experience, integrity, and will act impartially. I have extensive and unmatched experience not only in the legal field but for this position. I have served as a deputy prosecutor for over 26 years. During that time, I have prosecuted well over 15,000 cases and have had over 100 trials. In District Court alone, I have over 16 years of experience and handled thousands of cases. This includes the great majority of the cases a District Court judge would hear; criminal cases, probation violations, infractions, and small claims court are just some of the things that I have done on behalf of our county.
To give you an example, in 2021 there were a total of 14,098 cases filed in the District Court. 12,575 cases were of the type of matters I have personally covered before. That is 89% of the caseload. What remains are civil anti-harassment orders and civil cases. As a prosecutor, I'm aware of anti-harassment orders and the requirements of those because I deal with them frequently. The remaining cases are civil cases. These most typically are collection or garnishment cases. A high majority of these civil cases are defaulted or agreements (approximately 81%). There were only 20 non-jury and no jury trials of a civil nature last year. The current year to date of 2022 statistics are similar. These statistics are from the Washington Courts: Caseloads of the Courts.
The overwhelming majority of cases that District Court encounters are matters that a prosecutor has dealt with before. So, though it may not appear that I have not much civil experience, the reality is that in my 26 years being a deputy prosecutor, I am well equipped to handle everything that the District Court will encounter. My experience shows that I am the most qualified candidate.
Additionally, I am a leader in advocating for justice in our local courts. One of the duties a prosecutor should perform in our community is to become engaged in seeking justice. An example you are probably aware of is my strong passion to address mental health in our community and our courts. I did helped create a mental health diversion in our local courts over five years ago as I saw the need that it was the right thing to advance justice. This was not something I just decided to do because of running for office, but something I felt I needed to dedicate part of my career to.
A prosecutor's duty is not just to seek convictions, it is to seek justice.
“[The prosecutor] is a representative not of an ordinary party to a controversy, but of a sovereign whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done”. Berger v. United States, 295 U.S. 78, 88 (1935)
A prosecutor's client is not one individual, but the entire community, which includes all parties. A prosecutor must ensure that constitutional rights of all are protected, and this includes witnesses, victims, and accused themselves. It is this all-encompassing goal to seek justice for all that makes a prosecutor uniquely qualified to be a judge. My 26 years doing so proves that I am the most qualified candidate Chelan County District Court.
Jon Volyn:
I am the only candidate with the full range of experience in everything that district court does. District court includes both civil and criminal law cases and legal issues. As a lawyer I have litigated all major types of legal civil issues at a very high level for more than 21 years. I have practiced criminal defense my entire career as well. Thus, I’ve litigated virtually every type of criminal case and issue in Washington. I also have prosecution experience. Finally, I am the only candidate with judicial experience, having served as a part-time district court judge on a regular basis for the last two years. I’m the only candidate with civil experience, the only candidate with judicial experience, and the only candidate who’s done everything district court does as an attorney and as a judge.
I also wanted to make an additional point about experience. How would someone feel about bringing a contract case to a judge who’s never written a contract or an estate issue to a judge who’s never written a will? I’ve written contracts, drafted wills, written real estate contracts, and litigated all these issues along with every other major civil issue (property, insurance, workers compensation, construction law, social security, injury law, civil rights, constitutional law, etc). I’m the only one who has.
Additionally, I’m better suited to communicate with people from the bench. I’ve worked with and represented clients for more than 20 years. It’s a skill to communicate with people about legal issues in a stressful and pressured situation. I’m the only one who has represented clients and understands this process.
Q2 for Blackmon: What are some of the biggest lessons you've learned during your time as a prosecutor for Chelan County?
Blackmon: One thing to remember is that you are always serving the public. Your primary goal is to make sure that justice is at all times served fairly and balanced. You may be a zealous advocate to hold people accountable for their actions, but you always must remember that justice is the only goal.
As a prosecutor, I have learned you have to acknowledge that there are cases where there is sufficient evidence to convict an individual, yet sometimes the circumstances might suggest to come up with an alternative resolution or not charging the person at all in order to achieve justice for that situation. Another situation I have come across is where there are facts and information that would support a conviction, however some of it may be inadmissible and therefore the prosecutor has the duty to dismiss the case. The public may not understand, but justice again is served by the prosecutor doing so in that circumstance. The public may refer to these as technicalities, however these things are part of our criminal justice system and our Constitution. It's these hard choices that a prosecutor must make, and I have done so knowing that justice is advanced.
And one of the toughest lessons or things to acknowledge is that my role as a prosecutor protects the fights of all parties. There are times when a defense attorney may have a potential conflict of interest in the representation of their client. If a prosecutor becomes aware of this, they must bring that to the court's attention. This is extremely uncomfortable for a prosecutor because the defense attorney may not understand why the prosecutor is making that motion or may feel that the prosecutor is doing it for personal reasons. However, the rules of professional conduct and case law require the prosecutor to act in this manner to make sure that the accused rights are being protected, even from their own attorney. I have had to do this, and it is probably one of the most uncomfortable things a prosecutor has do to, but justice commands it.
Q2 for Volyn: What are some of the biggest lessons you’ve learned during your time serving as a Pro Tem judge as well as in criminal prosecution, defense, and civil law?
Volyn: As a judge, I’ve learned that I need to continually be learning and striving to get better. I need to ensure I understand what people are trying to say and communicate so that I am always making decisions with all relevant information in an effort to strive to make sure that in my courtroom there is always fair treatment and equal access to justice. An example is my efforts to try to educate myself about other cultures. I learned early on that people from different walks of life have different reactions, ways of communicating, and mannerisms. When they are interacting with the court, I need to know what these things mean and why they are done.
Q3 for Blackmon: Your commitment to advancing mental health initiatives in the judicial system is one of the main planks of your platform as a candidate; Why is this is your priority for you? And what are some of the reforms or changes in this area you'd like to see implemented in the future?
Blackmon: On a personal level, I have had friends struggle with mental illness. I have lost friends to mental illness. Mental illness and other behavioral health disorders can affect any person or any family. I have seen people come before the court suffering from mental illness. They may not understand what they are doing or why they did what they did. These people, through no fault of their own, do not need to be prosecuted in the criminal justice system. No one asks to be mentally ill or have a mental health illness. Yet it is something that is inflicted upon them. No one should be punished for being mentally ill.
In order to achieve justice, I believe that there are things that we can do to address individuals who are undergoing a mental health crisis and as a result commit a non-violent lower-level offense. These individuals need help, not incarceration. I'm not talking about violent offenders and the need to protect the community from those individuals. Rather, I want to address the lower-level non-violent offenders. For these individuals, we can divert them out of the criminal justice system and into programs and resources to help address their underlying issue. Many of the individuals we see in the criminal justice system suffering a crisis are off their medications. By helping them to reconnect with treatment providers or counselors, we can help them get back on their medications so their mental health symptoms come back under control, and they no longer will suffer from a crisis.
I helped create a mental health diversion program about five years ago with our local mental health treatment provider for Chelan County District Court that helps divert individuals out of the criminal justice system and into resources to help address their mental health disorders. I am very proud of this as it is a good step to addressing mental health in our local courts. If elected, I would like to go further and be a proponent of a formal Mental Health Court in District Court. This would be like what we do in Chelan County Superior Court for Drug Court. We would have the judge, defense attorney, prosecutor, and treatment providers come before the court with the individual to check on their progress and see if there are areas where we can help them address difficulties they are having. By having them come before the court for review hearings it helps keep track of these individuals but also helps them to continue to be motivated to get help in addressing their mental health.
This would not the a “get-out-of-jail-free” program, but rather a program to address those individuals who commit a low-level, non-violent offense where treating the underlying symptoms are a better use of our dollars. Rather than tying up our law enforcement officers who respond to the same calls over and over due to someone that is not taking their medication, officers can get back to protecting us and keeping us safe instead of using their limited resources when treatment options are available.
Too many individuals in our community suffer a mental health crisis and commit a low-level crime. We can do better as a society and court to help address these cases with compassion and referrals for treatment.
Q3 for Volyn: On your website, you list your plan for “alternative court programs.” Can you elaborate on that and what the goals of these programs would be?
Volyn: Most jurisdictions have these programs for specific issues like drug/alcohol addiction, domestic violence, mental health and veteran’s issues. However, Chelan Court district court doesn’t currently have these options. When someone is charges with a crime, and their record and current charge is not too serious, they can qualify to enter the program of intensive treatment and contact/supervision with the court. If they are successful, the charge is dismissed. It’s a way to treat an issue and keep someone out of the system and instead help them become a contributing member of society. I’ve been communicating with key figures in other jurisdiction about their programs in an effort to prepare to try to launch similar efforts here after the election.
Q4, for both: Many citizens of the county won’t find themselves in the position to deal with the district court or you as a judge personally. Why is it important for folks to know about this position and how it impacts them?
Allen Blackmon:
It is hopeful that no individual must come before a court. But sometimes it is necessary. The Chelan County District Court is the lowest level of trial court we have in the State of Washington. It is the court that most people would have contact with, other than family law, if they are going to have contact with a court. The District Court handles everything from criminal offenses, traffic tickets, parking tickets, red light camera tickets, small claims, and much more. They may have a friend, neighbor, or family member that has to come before this court. The public should be informed about this court because its decisions can impact any person in our community. Our community needs to know that the court is ethical, fair, compassionate, and impartial.
The community must have confidence that the judge is knowledgeable and ethical. They must feel that the court will listen to their concerns and judge the cases fairly and impartially. If the public does not have faith in the judge or how the court is running, then they will be less likely to follow the directives of that court and lose confidence in that court. This could result in a person not following a court order or being disrespectful to the court and the justice system. This would shake confidence in the entire justice system in our community, and not be limited to just that court. A judge’s actions impact all the judges in the community and the public perception of the judiciary. This is one of the reasons that a judge shall at all times act ethically and impartially in the performance of their duties.
The public also needs to have faith that the court will hold offenders accountable for their actions. They must be assured that justice is being served and that people who commit offenses against our community are being punished in the appropriate manner. They must have confidence that public safety is tantamount.
And the public must also know that if their friend or loved one comes before the court and has a mental health crisis and commits a non-violent offense, they must know that compassion and options are available. The public must know that the court system works for them and the community. By doing so, the public can be assured that matters heard before the court are fair and just, and that the judge is ethical, compassionate, and impartial.
Jon Volyn:
District Court actually sees a high number of people who normally couldn’t have reason to see a judge due to the infraction and red light camera dockets. I do see and interact with many people who are likely there in court for the only time ever in their lives. It’s vitally important that those interactions are treated with importance, fairness, and respect.
Additionally, this position sees the highest number of people who are accused of a crime for the first time. It’s a unique opportunity to try to get through to people and encourage a change in behavior or circumstances to keep a cycle of crime from the beginning. This position also sees the highest number of cases and has the most direct contact with individuals of all the judge positions. Because of this, it is vitally important how a judge treats people. If people are treated with respect, dignity, and patience they will feel better about the process no matter what the outcome. It’s important for people to have a full opportunity to be heard and to communicate with the court. They will remember that interaction and it will affect how they feel about the county and our local system of justice over time.
Q5, for both: Do you think it’s important for judicial candidates and judges to avoid being involved in or closely affiliated with partisan politics and/or partisan activists?
Allen Blackmon:
Judicial candidates and judges, though they have a special position in society, do have friends and acquaintances. Some of those friends and acquaintances may be involved in partisan politics. Often that is going to be unavoidable. However, a judge or judicial candidate must make sure that they do not support partisan politics or activists.
Sometimes a political organization will agree with something a judicial candidate or judge would say. For example, in my campaigning, my discussion of mental health in our courts seems to have broad appeal for both partisan organizations in our community. That does not mean that the things I'm saying are partisan, but rather that that is something that those organizations might agree with. Additionally, when I talk about holding offenders accountable for their actions that has broad appeal as well, yet it is not a partisan topic.
I have also appeared and spoke at both Republican and Democrat committees or groups to inform them of my candidacy. Those activities are allowed by the judicial canons, which are the rules and ethical codes that a judge and judicial candidate must know and follow. That should not be interpreted that I am supportive of any partisan political group or activist.
I believe it is important for a judge to be impartial and not beholden to any group. In order to avoid the appearance of any type of acquiescence to a partisan organization, I have not sought an endorsement from a partisan political organization. I believe to do so will make it appear that the judge might be favorable to that organization. This is one of the reasons that judicial positions are nonpartisan. The public must have faith that when their case is being heard that the judge has not predetermined the fate of that case and will listen to it fairly, ethically, and impartially.
Being nonpartisan or unaffiliated may to the public make it difficult to know how to vote or what the candidate stands for. For me, I find it liberating as I can discuss the issues relevant to the court and my qualifications without having to get bogged down in partisan politics. Everyone wants the judge to be fair, ethical, and impartial. By being nonpartisan, I can be just that.
Jon Volyn:
I do. It’s important for a judge to stay open-minded and unbiased and to avoid even the appearance of impropriety. When I’m on the bench, I don’t bring any of my own personal opinions or views on the bench with me. I stay open-minded and simply follow and apply the law.
In part II, we’ll cover how court fines and fees impact folks trying to put their lives back together, the biggest challenges facing district courts in the candidates’ opinions, and the elephant in the room in every race – election integrity.