Name: Lisa Malpass Childress
Age: 55
Town of Residence: Elk, Washington 99009
Occupation: Attorney
How do you ensure fairness and impartiality when deciding cases?
My integrity and freedom from outside influence or conflicts of interest ensure fairness and impartiality in the Tri-County Superior Court. It is easy for me to step aside from cases with real or perceived conflicts of interest. I believe in equal treatment, access to justice and the opportunity to be heard. My legal decisions are based on the Constitution, legal precedent, statutes and case law, setting aside personal beliefs or outside influence. I am transparent as demonstrated by my explanation of the reasoning and legal basis for rulings made. When facing discretionary decisions, I still rely on established law to ensure fairness, but weigh all evidence, consider all relevant facts and apply the law in a non-arbitrary manner. I have a strong belief that a Judge has self-awareness and participates in ongoing training in order to recognize and minimize personal biases. I am not beholden or influenced by prestige, money, or personal values. Judicial bias or conflicts of interest can be a quick road map to judicial misconduct if careless. As an individual with at least 17 years of community and blue collar work experience before my decades of practice as a lawyer, I have the education, experience and training to do the hard things in a respectful, impartial and fair manner. What sets me apart is my work ethic, commitment to participating in community outreach and education to understand the communities I serve. I desire to promote public trust in the judicial system.
How much discretion does a judge have when issuing a non-contact order?
A judge has significant discretion when issuing a no-contact order. Of note, there are pre-trial and post-trial no contact orders in criminal cases and in civil cases, that include: Domestic Violence Protection Order (DVPO): Protects individuals from domestic violence by an intimate partner or family member; Sexual Assault Protection Order (SAPO): Protects victims of nonconsensual sexual conduct or penetration; Anti-Harassment Protection Order (AHPO): Protects against unwanted contact or behavior causing substantial emotional distress; Stalking Protection Order (SPO): Protects individuals from stalking behavior that causes fear or distress; Vulnerable Adult Protection Order (VAPO): Protects vulnerable adults from abuse, neglect, or exploitation; and Extreme Risk Protection Order (ERPO): Prevents individuals who pose a significant danger to themselves or others from accessing firearms.
Under Washington law, Judges evaluate the risk to the victim based on the evidence presented, including the nature and severity of the alleged offense using a preponderance of the evidence burden of proof (more likely than not). Judges can impose various conditions, such as prohibiting any form of contact (in person, by phone, or online), setting distance restrictions, and including specific locations the respondent must avoid. The duration of a no contact order can vary. For example, in non-felony cases, the order can remain in place for the maximum period that a sentence could be suspended. Judges also have the authority to modify or terminate no contact orders if circumstances change. Either party can request a hearing to discuss these changes. What is very important to know is if a no-contact order has been issued prior to a criminal charge that order shall expire at arraignment or within seventy-two hours if charges are not filed. An alleged victim would then need to seek a civil protection order on their own and present it to the Court for review under the same discretionary standards. In urgent cases, judges can issue temporary no contact orders quickly, often based on limited initial evidence, to provide immediate protection. This flexibility ensures that the orders are appropriate for the specific situation and provide the necessary protection for the victim.
What types of cases have you handled, and how has that prepared you to serve as Superior Court Judge?
As an attorney, mediator, pro tem Judge, prosecutor, defense attorney, and civil litigator, I have experience in trial, negotiation, mediation and/or motion practice and appeals in Municipal, District, Superior courts and WA Court of Appeals for administrative law, criminal and civil matters. These areas of law include, but are not limited to, domestic violence prosecution, Trust disputes, real property, landlord tenant law, protection orders, vulnerable adult protection, family law, business and agency law, personal injury, guardianship, probate, wills, judicial review petitions seeking relief from government agency decisions, and power of attorney disputes. I also have experience as a mediator, leader of professional organizations, trustee, personal representative, guardian ad litem, court visitor, CASA and zealous advocate for the vulnerable in our communities.
I have more than 21 years of legal experience in Eastern Washington and North Idaho. Yet, it is not the number of years practiced that qualifies me but how I practice, the depth and breadth of the legal matters I have managed, litigated or defended and my reputation in those courts which uniquely qualifies me to serve as a Superior Court Judge. In my opinion, exclaiming you have been a lawyer for decades is not a measure of how well you have practiced law or a proof of your quality as a lawyer to sit on the bench. A measure of a Superior Court Judge is how well the community, peers, opponents, clients and other judicial officers or court staff support you via their interactions and personal knowledge. They are a better judge on whether or not you can be impartial, fair and free of conflicts of interest. I am humbled to have many supporters who bear witness to my hard working nature, professionalism, collaboration, and adherence to the rules of law, court rules and respectful nature as a lawyer. I do the right things for the right reasons.
What are the most pressing issues facing the judiciary right now?
In Washington the judiciary is experiencing a shortage of public defense attorneys and prosecutors in rural areas. The shortage can delay justice and affect quality legal representation, which compromises the safety and security of a community. Underserved communities do not have access to legal resources, including the ability to expand and support therapeutic courts that focus on rehabilitation for certain and qualifying offenders in a community. Courts are unable to meet the financial demands or are lacking resources to implement legislative mandates and obligations. Also, requiring resources or funds is Court security, which is crucial for the safety of judicial proceedings and its participants.
Why are you running?
I have a deep sense of duty, track record of service over self, an opportunity for professional growth, with an unwavering motivation to uphold the independence of the court from political or external influences. I have made a commitment to the Tri-County Superior Court and its citizens. I will not create additional court costs or burdens on workload due to conflicts of interest. My experience in civil, criminal and administrative law will complement the skillset of the current elected Superior Court Judges. Running for office has been a positive experience due to the support and endorsement of the current Judges, their staff and other elected court officials, leaders and citizens in the Tri-County District.
What are your goals for office?
Uphold the Washington and Federal Constitution, build a stronger relationship with the community through outreach to demystify the judicial process and build trust. Furthermore, I would like to connect with peers to promote best practices and successful outcomes via technology for access to justice and efficient administration of court proceedings.
What do you see as the judge’s primary role?
A role is the function assumed or part played by a Judge in a particular setting. A judge should: Listen, interpret and apply laws, make rulings based on evidence and established legal principles in a fair and impartial manner. The primary role of a judge is maintaining public trust in the legal system.
What is the most important skill of being a good judge?
A skill is the ability to do something well. The most important skill of being a good judge is maintaining high ethical standards, judicial temperament and the ability to clearly articulate decisions and legal reasoning, both orally and in writing, for transparency and understanding.