Olympia could face legal risks over plan to terminate Municipal Court 

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The City of Olympia's plan to terminate its Municipal Court and transfer judicial services to Thurston County could trigger legal repercussions, including possible litigation and claims of voter disenfranchisement, warned a judge who advocates for keeping the court open.  

The city council is set to consider a resolution authorizing an interlocal agreement with Thurston County for judicial services at a 6 p.m. meeting at City Hall on Tuesday, July 8.  

The interlocal agreement would shift court operations, probation, and jail alternatives to the county from July 1, 2025, through Dec. 31, 2026. The cost for the county to provide these services is $2.7 million, which is to be funded through the city's general fund. 

One-time start-up costs, estimated at $736,000, will be funded through the proceeds of the sale of the 900 Plum St. property — the current site of the Olympia Municipal Court.  

On April 8, the city council approved the sale of the 10.47-acre property to the Squaxin Island Tribe for $8.2 million.  

The property, known as the Lee Creighton Justice Center, houses critical city services, including the Olympia Municipal Court and court-related services. The campus also includes the Yashiro Japanese Garden, Plum Street Tiny Home Village, Olympia Police Department evidence storage, and a Saturday waste drop-off site.  

Federal Way Municipal Court Judge David A. Larson, who also chairs the District and Municipal Court Judges' Association Council on Independent Courts, sent a letter to the Olympia City Council ahead of the meeting. He criticized the interlocal agreement and its handling.

He argued that eliminating the court while Judge Pam Nogueira filed for a new four-year term could violate residents' legally protected right to vote.  

"There is no way to stop that election, that you would be interfering with your constituents' legally protected right to vote, and you would be illegally voiding her election as Olympia's judge if you enter into the interlocal agreement and terminate the court," Larson wrote.  

Judge Nogueira was appointed by then-Mayor Cheryl Selby in 2023 to replace Judge Scott Ahlf, who took the role as Washington State's Court Services Director for the Administrative Office of Courts.  

Nogueira has retained former state Supreme Court Justice Phil Talmadge as legal counsel. Larson warned that litigation is likely to happen. If successful, the city could be required to pay Nogueira's salary and benefits through 2029. He added that the interlocal agreement could be voided.

Olympia's Municipal Court 

The city had been negotiating with real estate developers since 2023 to sell the property the municipal court sits on so that a hotel and convention center could be built on the site. 

Larson raised concerns about the city's decision without providing a replacement space for the court. He pointed out that state law RCW (Revised Code of Washington) 3.50.080 requires cities to "provide a suitable place for holding court and pay all expenses of maintaining it." 

While acknowledging the financial benefits of the property sale, Larson cautioned the city about opting into an agreement with Thurston County, in part because of uncertain costs. 

Larson claimed that the interlocal agreement would cost local taxpayers an additional $920,718 through the end of 2026, and future costs would be uncertain, as well as possibly losing control of the court's budget. He also noted Olympia would be paying over $400,000 more in salary costs to the county, while court staff who transfer to the county will experience a salary cut.  

"If the Olympia court is terminated … Olympia's 166-year heritage of homegrown justice for its people will be erased," Larson said. 

"The exchange in giving up your court will be to give carte blanche control of your court's budget and its operation to Thurston County, Lacey, Tumwater, and Rainier. 

"The city's court represents a basic government function and it is the third co-equal branch of local government. … The Olympia municipal court should not be treated as an afterthought and as a commodity that can be bought and sold at the expense of local control and in violation of election laws," Larson concluded.  

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  • TheGreatAnon

    Nothing against the Squaxins but I don't want to lose the Mid Century jem that is the old City Hall for another tick tack hotel and convention center. I say turn the old building into an art museum. And bring back the moat!

    Tuesday, July 8, 2025 Report this

  • OlyBlues

    The city eliminating their Municipal Court is just another poorly thought out decision that is typical for the council and city administration. Selling the Lee Creighton Justice Center for millions of dollars less than market value, giving huge pay raises to the city's bloated communications staff to spin their poor decisions, dumping millions to homeless programs that have made Olympia a draw for transients while they condone and allow the dangerous Superfund site called the Jungle....such fiscal mismanagement. This is no surprise. There are so many problems with contracting with the county. Other jurisdictions experienced skyrocketing cost increases after the original contract was signed. Why isn't this being reported on? The county courthouse is over capacity and not functional. The county justice system is plagued with high turnover of staff due to low pay, poor management, and chronic understaffing. This is the last organization anyone should be contracting with. But, alas, the elite Olympia City Council knows best. Looks like they'll get sued now. Such a great resolution all around!

    Tuesday, July 8, 2025 Report this

  • PamelaJHanson

    In addition to the well reasoned input already stated regarding all of the issues, and the with the facts, time and effort that Judge David A. Larson presented, just the optics presented by the opposition to the interlocal agreement is a resounding and compelling case against the politics of the City of Olympia's actions. If this were put to a vote, similar to the RFA, it would fail. Shame on Olympia politics.

    Thursday, July 10, 2025 Report this