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HomeMy WebLinkAbout01/16/2024 10. Confirm appointment of Troy Clements as Municipal Court Judge 1 0* BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10. For Meeting of: January 16, 2024 ITEM TITLE: Confirm appointment of Troy Clements as Municipal Court Judge SUBMITTED BY: Rosylen Oglesby,Acting City Manager SUMMARY EXPLANATION: See attached memo. Under Section 1.60.040 of the Yakima Municipal Code, the City Manager recommends judicial appointments to the City Council who is responsible for ratification to the position of Judge. The City Council is being asked to confirm Mr. Harrison's appointment of Troy Clements as Municipal Court Judge effective April 1, 2024. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type • Memo 1/11/2024 Corer Memo ❑ Letter of Interest 1/4/2024 Corer Memo O Resume 1/4/2024 Cotter Memo 2 MEMORANDUM To: Honorable Mayor and Members of the Yakima City Council From: Bob Harrison, City Manager Date: January 11, 2024 RE: Municipal Court Judge vacancy Judge Olwell has announced her retirement at the end of March 2024. Under Section 1.60.040 of the Yakima Municipal Code, the city manager recommends a judicial appointment to the City Council who is responsible for ratification to the position of judge. The appointment is valid until the next municipal election in November 2025. On January 2, 2024, a panel was convened to interview applicants for the position of Municipal Court Judge. The panel consisted of the two current Municipal Court Judges, the Honorable Judge Jared Boswell, attorneys Paul Weber and Margita Dornay, and myself. The panel interviewed a total of 5 highly qualified applicants and ultimately decided on Troy Clements for the position. Most recently, Mr. Clements has served as the Senior Deputy Prosecutor in the Prosecutor's office as well as Mayor Pro-Tem in the Yakima Municipal Court. He has also worked in the United States Attorney's Office of Eastern Washington as an Assistant United States Attorney. Mr. Clements graduated from Seattle University Law School and the University of Washington. Consistent with the Municipal Code, I hereby recommend appointment of Troy Clements to the position of Judge effective April 1, 2024. His oath of office will be administered on March 19, 2024. 3 Robert Harrison Yakima City Manager 129 N 2nd Street Yakima, WA 98901 Re: Yakima Municipal Court Judge Appointment Dear Mr. Harrison: I am writing to express my strong desire to serve as your next Yakima Municipal Court Judge. My career prosecuting major crimes, supervising the Yakima County Prosecutor's Gang Unit, and serving as the primary Yakima Municipal Court judge pro tempore,has prepared me for the challenges and responsibilities that municipal court judges face. As my resume indicates, I have a long-standing commitment to public service and to the pursuit of justice. To your bench I would bring strong research,writing, and trial expertise,judge pro tempore experience,along with a history of solid working relationships with the Yakima County District and Superior Court benches,federal,state,and local law enforcement,the City Clerk's Office,the Yakima County Bar,the Yakima County Prosecutor's Office, and the Yakima City Attorney's Office. Over the last 19 years, I have successfully managed and tried large criminal caseloads consisting of violent felony offenses, including aggravated first-degree murders,first degree assaults,forcible kidnappings,drive-by shootings,and armed robberies and misdemeanor crimes. In January of 2009, Prosecutor Jim Hagarty asked me to spearhead Yakima County's first gang prosecution unit. Over nine years as the Gang Unit Supervisor, I coordinated with local, county, state and federal law enforcement agencies to investigate and aggressively prosecute criminal street gangs, serious violent crimes and firearm offenses. As a Yakima Municipal Court judge pro tempore, I have applied these skills and my legal knowledge to make fair and equitable decisions while presiding over a variety of criminal and civil court calendars. At the same time, I have used my discretion as both a deputy prosecutor and judge pro tempore to protect the constitutional rights of the accused and promote a legal system that treats all people fairly. I would welcome the opportunity to serve as your next municipal court judge. I am confident that my knowledge and experience would help further the Yakima Municipal Court's mission. Thank you for your time and consideration. I look forward to hearing from you. Sincerely, Troy J. Clements 4 Troy J. Clements BAR ADMISSION Member of the Washington State Bar Association(WSBA) No. 34399 October 2003 SUMMARY OF QUALIFICATIONS Senior Deputy Prosecutor Attorney with over 19 years of prosecution experience and a proven record of successfully trying violent offenders and complex criminal cases, and currently the primary Yakima Municipal Court judge pro tempore. Experience presiding over a variety of court calendars which include arraignments, status conferences and civil infractions. Founder and former supervisor of Yakima County's Gang Prosecution Unit. Successfully manages a large caseload as a Senior Deputy Prosecuting Attorney that consists of offenses including aggravated murder, assault,kidnapping, robbery,drive-by shooting, firearms,controlled substances, domestic violence, and property offenses. PROFESSIONAL EXPERIENCE Yakima County Prosecutor's Office,Yakima,WA December 2019—Present Senior Deputy Prosecutor • Responsible for trying complex,multiple codefendant cases to verdict as sole trial prosecutor. Charges include aggravated first degree murder and first degree assault. • Coordinate with local and federal law enforcement agencies on criminal investigations, analyze evidence,make charging decisions,write and argue pretrial motions,negotiate offers of settlement, and conduct jury trials. • Present expert testimony in the areas of DNA,toxicology, forensic pathology,firearms and toolmarks,trace evidence,electronic evidence, cellphone and cell tower location data, forensic psychology, and criminal street gangs. • Manage all aspects of preparing victims, cooperating codefendants, law enforcement officers and expert witnesses for defense interviews, pre-trial hearings and trial. • Provide legal advice and assist law enforcement in obtaining search warrants for physical evidence located within private property,and for electronic evidence located on websites and social networks such as Facebook, Google,Yahoo!, Snapchat,and on personal computers, electronic devices and cellphones. Yakima Municipal Court, Yakima WA December 2022—Present Judge Pro Tempore • Preside over a variety of court calendars which include arraignments, status hearings, and infraction hearings. • Ability to make determinations of probable cause and set conditions of release,to communicate with defendants regarding their rights,their charges, assignment of counsel and their future hearing dates. • Experience presiding over entry of guilty pleas, deferred prosecutions, and stipulated orders of continuance, probation violation hearings and sentencing hearings. • Consistently make decisions that are fair and impartial and treat everyone with dignity. • Work with court clerks to prepare calendars and discuss cases prior to court. • Experienced using software programs including OCourts,JABS, and Laserfiche to prepare for court calendars,to review docket notes and criminal history,to draft court orders, and to make appropriate decisions. 5 United States Attorney's Office, Eastern District of WA November 2018—November 2019 Assistant United States Attorney • Maintained a criminal caseload and appeared before the United States District Court for the Eastern District of Washington. • Advised and directed FBI,ATF,Homeland Security,and DEA special agents on criminal investigations involving crimes of violence,drug trafficking, firearms,sexual assault,crimes against children, and crimes in Indian Country. • Assisted federal law enforcement agents in drafting search warrants and presented federal search warrant applications to federal magistrate judges for approval. • Prepared indictments and presented cases before federal grand juries,managed discovery,wrote and argued pretrial motions,negotiated offers of settlement, drafted plea agreements,wrote and argued sentencing memoranda. • Helped manage offenders in the Sobriety Treatment and Education Program (STEP)for the United States District Court for the Eastern District of Washington. Yakima County Prosecutor's Office,Yakima,WA May 2004—November 2018 Senior Deputy Prosecutor, Gang Unit Supervisor January 2009—November 2018 • Supervised senior deputy prosecutors and developed policies and procedures for the Gang Unit. • Tried lengthy, complex,multiple codefendant cases to verdict as sole trial prosecutor. Charges included aggravated first degree murder and first degree assault. • Coordinated with local and federal law enforcement agencies on criminal investigations, analyzed evidence,made charging decisions,wrote and argued pretrial motions,negotiated offers of settlement, and conducted jury trials. • Presented expert testimony in the areas of DNA,toxicology, forensic pathology, firearms and toolmarks,trace evidence, electronic evidence, cell phone and cell tower location data, forensic psychology,and criminal street gangs. • Managed all aspects of preparing victims, cooperating codefendants, law enforcement officers and expert witnesses for defense interviews, pre-trial hearings and trial. • Provided legal advice and assisted law enforcement in obtaining search warrants for physical evidence located within private property,and for electronic evidence located on websites and social networks such as Facebook,Google,Yahoo!, and on personal computers, electronic devices and cell phones. Senior Deputy Prosecutor, General Felony Unit February 2007—January 2009 • Managed all aspects of felony prosecution from arraignment to trial in cases ranging from property crimes to felonies punishable by life, including murder, first degree kidnapping, first degree robbery, first degree burglary, vehicular homicide, felony DUI, drug trafficking and firearm offenses. Deputy Prosecutor, Financial Crimes Unit January 2006—February 2007 • Prosecuted hundreds of felony cases involving the theft, possession, use and transfer of personal identification and financial information. Charges included identity theft, forgery,trafficking in stolen property, and possession of stolen access devices. Deputy Prosecutor, Juvenile Offender Unit February 2005—January 2006 • Managed all aspects of juvenile prosecution from arraignment to trial for misdemeanor and felony cases. 6 Deputy Prosecutor,District Court Unit May 2004—February 2005 • Managed all aspects of misdemeanor prosecution from arraignment to trial. • Prepared appellate briefs and presented oral argument in the Superior Court. Ronald A. Peterson Law Practice Clinic,Seattle,WA Rule 9 Legal Intern January 2003—May 2003 • Represented an autistic student in developing an Individual Education Program under the Individuals with Disabilities Education Act. • Represented an indigent juvenile defendant in a felony criminal case. Federal Trade Commission,Seattle,WA Legal Extern September 2002—December 2002 • Investigated telemarketers and Internet list-brokers that were violating citizens' privacy rights under the Gramm-Leach-Bliley Act. • Researched legal issues, prepared legal memoranda and interrogatories for attorneys. • Assisted the lead attorney in FTC v. Royal Flush System Network, Inc., et. al., in evaluating available options for seizing assets and obtaining personal jurisdiction over Canadian defendants who were operating lottery scams targeting US senior citizens. Washington State Senate,Olympia,WA Senate Committee Services Intern May 2002—August 2002 • Assisted staff counsel of the Judiciary Committee and the Labor, Commerce,and Financial Institutions Committee in developing and evaluating policy options. • Researched and advised the Labor, Commerce, and Financial Institutions Committee staff counsel on policy options to increase state apprenticeship programs. • Conducted an analysis of the laws enacted by other states in response to the 9/11 terrorist attacks for Judiciary Committee staff counsel. • Drafted proposed bills to enact policy options. Presented written and oral staff reports. Washington State Environmental Hearings Office,Lacey,WA Law Clerk June 2001—November 2001 • Researched legal issues and prepared legal memoranda for Administrative Law Judges on pending pollution control, shoreline, forest practice, and hydraulic appeals. • Assisted the Presiding Judge with revising and editing the Association of Washington Businesses v. Ecology et al. final order(Appeal of Department of Ecology's updated shoreline master program guidelines). • Initiated and helped create the Environmental Hearings Office Handbook and Sample Form Book to assist pro se appellants. EDUCATION Seattle University School of Law,Seattle,WA Doctor of Jurisprudence,May 2003 University of Washington, Seattle,WA Bachelor of Arts in Political Science,June 1998 OTHER BAR ADMISSIONS,PROFESSIONAL ACTIVITIES& SEMINARS • Admission United States District Court for the Eastern District of Washington and United States Court of Appeals for the Ninth Circuit(2018). • Washington Association of Prosecuting Attorneys;District Court Training(2004), Juvenile Training(2005),and Adult Felony Training(2006—2018), (2020—2023). • National District Attorneys Association: Trial Advocacy(Columbia, SC 2005). 7 • Project Safe Neighborhoods and American Prosecutors Research Institute "Hitting the Mark, "Implementing&Maintaining Community Gun Violence Prosecution Initiatives(Chicago, IL 2006). • Washington State Criminal Justice Training Center: The Implications and Ramifications of the Adam Walsh Act on Washington State(Burien, WA 2008). • Yakima County Sex Offender Leveling Committee(2006—2008). • Advised State Representatives Charles Ross and Norm Johnson on Attorney General Rob McKenna's 2011 Omnibus Gang Bill(HB1126)and presented testimony to the House Public Safety and Emergency Preparedness Committee. • Northwest Gang Investigators Association Training(Spokane, WA,2017, 2018). • National Computer Forensics Institute(NCFI) Computer Forensics and Digital Evidence for Prosecutors(Hoover,AL 2018). • U.S. Department of Justice, Trial Advocacy Training(Columbia, SC 2019). • U.S. Department of Justice,Federal Drug Prosecution Training, (Columbia, SC 2019). • U.S. Department of Justice,Federal Evidence Training(San Diego, CA 2019). • National Computer Forensics Institute(NCFI)Advanced Digital Evidence for Prosecutors(Hoover, AL 2022). • Judge pro tem for the City of Selah(June 2023 —present). HOBBIES: Fly fishing, rafting,backpacking,mountain biking and snowboarding.