Our mission at Whatcom Court Watch is simple: to bring transparency, accountability, and clarity to judicial processes that directly impact the lives, property, and rights of our community.
This letter is an invitation to the public to understand why such oversight is needed, why it matters, and how our courts can better serve the people who depend on them.
This Open Letter focuses on documented procedural irregularities identified through official transcripts, court filings, and public records. It is not directed at any individual and does not allege misconduct or wrongdoing. Instead, it highlights systemic issues that, if left unaddressed, have the potential to undermine due process and erode public trust.
Why Whatcom Court Watch Was Created
Over the past several years, numerous litigants have reported similar concerns:
- Missing or insufficient proof of service
- Orders entered without full notice or participation
- Lack of findings or legal reasoning placed on the record
- Informal or inconsistent ex parte handling
- Commissioners signing or modifying real-estate documents without documented authority
- Judicial decisions affecting major property rights without adversarial process
These concerns are not unique and reflect patterns found in multiple cases across the county. The goal of Whatcom Court Watch is to document these issues, provide factual and accessible summaries, offer the public a window into how hearings are conducted, compare practices to what Washington law requires, and encourage transparency, accountability, and modernization of local court procedures.
Our purpose is not to criticize individuals. Our purpose is to ensure the system serves the community as it should.
A Case Study: The May 11, 2023 Hearing
One of the clearest examples of systemic vulnerability appears in the official transcript of the May 11, 2023 hearing. Our analysis found several process-related concerns, summarized here and detailed in the accompanying report:
Minimal Review of Service
The court proceeded after only a brief statement that "proof of service" existed, without verifying method, timing, or compliance with Civil Rule (CR) 5. Valid service is the foundation of due process.
Extraordinary Property Orders Issued Without Findings
The commissioner granted authority to list and sell the family home, including signature authority, without placing findings or legal reasoning on the record.
Proposed Orders Modified on the Bench Using Whiteout
The judicial officer edited one party's proposed orders with whiteout before signing them. This raises concerns about independent judicial review and neutrality.
No Adversarial Process for Major Rights
The absent party's interests were not represented, yet significant property decisions were made. Washington courts generally reserve such orders for post-notice, fully briefed, adversarial settings.
No Findings of Fact or Conclusions of Law
Under CR 52, decisions affecting substantive rights typically require findings. None were articulated.
Acceptance of One-Sided Assertions Without Evidentiary Review
The transcript reflects that allegations about finances, foreclosure, vehicle possession, and threats of injunction were accepted without verification or supporting evidence.
These points are not framed as accusations — they are observations grounded solely in the official transcript and the governing court rules.
Why This Matters For All of Us
Court processes must be transparent, consistent, grounded in law, documented thoroughly, and fair to both parties. When orders affecting property, finances, or family rights are issued without clear findings or without proper service review, the impact can be devastating — not only for the litigants, but for escrow companies, lenders, title insurers, and others who must rely on the clarity and legality of court orders.
This is especially important in cases involving home sales, foreclosure risk, family-law disputes, contempt motions, temporary orders, real-estate document signing authority, and due process rights.
The public deserves courts that follow established procedures every time, without exception.
The procedural framework is not a technicality. It is the structure that makes outcomes fair and predictable for everyone who walks through those courthouse doors.
What Whatcom Court Watch Is Calling For
The Judiciary
To increase transparency in ex parte procedures, service verification, and findings placed on the record.
The Clerk's Office
To implement better tracking, logging, and chain-of-custody procedures for ex parte submissions and judicial signatures — consistent with the practice of neighboring counties.
The Legal Community
To assist in identifying systemic issues and advocating for improvements that protect all litigants, particularly those who are self-represented.
The Public
To come forward and share any similar experiences — confidentially or anonymously — through our submission form.
Our Commitment
Whatcom Court Watch will continue to obtain transcripts, analyze hearings for procedural compliance, publish findings in accessible and neutral language, provide comparison charts showing what occurred versus what Washington law requires, make public documents accessible, and report concerns without attacking, blaming, or defaming any individual. Our role is to shine light on process — not personalities.
We Invite You to Take Part
If you have experienced orders without notice, unexplained judicial signatures, ex parte irregularities, missing service, sudden property-related orders, or inconsistent practices at the Whatcom County courthouse, we encourage you to share your experience.
Your submission may be used anonymously for public-interest documentation and reform efforts.
Submit Your ExperienceConclusion
Judicial transparency is essential to a healthy democracy. By documenting where procedures fall short — not to shame individuals, but to strengthen the system — we can help ensure that Whatcom County's courts operate with fairness, consistency, and integrity for everyone.
Thank you for your time, your attention, and your commitment to justice.
— Whatcom Court Watch