Tri-Cities judge acquitted of domestic violence is blocked from hearing dozens of cases

Franklin County prosecutors don’t want a Tri-Cities judge recently acquitted of domestic violence to handle dozens of their cases.

Last week deputy prosecutors filed paperwork in all of their child support and paternity cases to prevent Superior Court Judge Sam Swanberg from making any rulings.

In all, attorneys have asked to remove Swanberg from 79 cases in Franklin County, according to the clerk’s office. It’s an unusually high number for just three weeks time, say court officials.

County Chief Deputy Clerk Ruby Ochoa told the Herald it wasn’t immediately known if all 79 cases were family law cases.

Swanberg was scheduled to handle the two dockets in Franklin County Superior Court on Sept. 8, but the cases had to be reassigned to Judge Diana Ruff.

The change meant Benton-Franklin Superior Court administrators also had to shuffle around other judicial assignments.

Swanberg returned to the bench three weeks ago after he was acquitted of domestic violence assault charges in Franklin County District Court.

He had been on paid leave since January after his ex-girlfriend sought an anti-harassment order to keep him from contacting her and that led to charges that he assaulted his ex-wife of 33 years.

Since Swanberg’s return to work, he’s handled cases in Benton County, but this was the first time he was set to hear Franklin County cases.

Benton and Franklin counties share seven Superior Court judges and five court commissioners who handle felony criminal cases, as well as civil lawsuits, divorces, paternity and custody issues.

Swanberg has presided over criminal and domestic violence protection dockets in Benton County since his return to the bench.

Information on whether any affidavits of prejudice have been filed in Benton County cases was not immediately available last week.

Affidavit of prejudice

Attorneys — both public and private — can file a document called an affidavit of prejudice in any case to disqualify a judge who hasn’t already made a ruling in the case.

The affidavit does not need to give a specific reason for wanting a different judge.

“The moving party is not required to explain why,” Franklin County Deputy Prosecutor Jen Johnson told the Herald in an email. “As these are pending cases, we will not discuss our reasoning as this is attorney work product.”

In the current cases, the deputy prosecutors submitted this blanket statement with the court in each case: “The plaintiff has reason to believe and does believe that said Judge Swanberg is interested and prejudiced and that a fair and impartial hearing cannot be had before said judge.”

Filing an affidavit in one case, does not extend to every other case, Johnson explained.

It’s not clear how long Franklin County prosecutors will continue to bar Swanberg from hearing child support and parenting cases, which sometimes involve allegations of domestic violence.

And it’s also unclear if affidavits will be filed to prevent Swanberg from handling criminal cases, as well.

Swanberg’s domestic case was prosecuted by a Washington state assistant attorney general and overseen by a Yakima County District Court judge to avoid local conflicts of interest.

Benton County Prosecutor Andy Miller said attorneys in his office have discussed whether they also will be filing affidavits of prejudice against Swanberg.

“We are reviewing this on a case-by-case basis. Each deputy prosecutor has been given the authority to file an affidavit of prejudice against Judge Swanberg. Ordinarily, our office policy requires approval by me to file an affidavit against a Superior Court judge,” Miller told the Herald.

Legal troubles

Swanberg has been wrestling with legal troubles for the past year, starting with an anti-harassment order filed by an ex-girlfriend who worked for the Franklin County Clerk’s Office in the courthouse in Pasco.

She said in court documents that after her five-month relationship with Swanberg ended, he continued to call, send messages, stop by her house or work and even had his mother talk with her despite her insistence the relationship was over.

She was granted a no-contact order in January 2022 after taking a new job at the Benton County Justice Center in Kennewick, where Swanberg also hears cases.

As part of her request for the order, Swanberg’s ex-wife, Stephanie Barnard, filed a statement of support for his former girlfriend that claimed Swanberg was narcissistic and physically and verbally abusive during their marriage. The couple, who have six children, were divorced in April 2021.

Barnard’s statement triggered an investigation by the Franklin County Sheriff’s Office, which filed two counts of fourth-degree domestic violence assault. But a four-man, two-woman jury acquitted Swanberg last month, finding he was defending himself or his property.

And the Yakima judge presiding over the three-day trial awarded $44,000 to Swanberg for his attorney fees.

Earlier this month, the Washington state Attorney General’s Office confirmed they are reviewing a sheriff’s department investigation into another incident involving Swanberg and his former girlfriend. Information about the incident was not released.

The case was investigated by the Benton County Sheriff’s Office and has since been forwarded to the AG’s office for review.

Swanberg’s attorney Scott Johnson told the Herald they haven’t been contacted about any investigation that could be considered a crime.