Dunn Proposes Adding Commissioners To Address Backlog

King County Councilmember Reagan Dunn has introduced legislation to authorize the creation of up to three new court commissioner positions in King County Superior Court to address a backlog in eviction-related cases that officials say is worsening the region’s affordable housing crisis.

The proposal comes as the court continues to experience delays in processing unlawful detainer cases, commonly known as evictions, which Dunn says has placed significant strain on rental housing providers and contributed to the closure of affordable housing units.

“We cannot expect our housing providers to continue to foot the bill for Seattle’s backward rental policies and still be able to pay their mortgages,” Dunn said. “Soaring legal costs and an inability to evict even the most fraudulent tenants are now sinking affordable housing providers, ultimately hurting the most vulnerable among us. King County must do its part to provide for the efficient resolution of landlord-tenant disputes.”

At the beginning of June, King County Superior Court reported a backlog of more than 1,400 eviction-related cases, down from nearly 2,500 cases last year but still significantly higher than pre-pandemic levels. Officials cite multiple factors, including a shortage of commissioners to hear cases, the lifting of pandemic-era eviction moratoriums, and an increase in filings from landlords.

King County Superior Court Presiding Judge Ketu Shah said additional commissioners would improve the court’s ability to process cases efficiently.

“The Court wants everyone to have their day in court and for the rule of law to work in an orderly fashion,” Shah said. “Lengthy delays to obtain a court hearing and access the court frustrates everybody. By increasing court capacity, we can meet the extraordinary number of filings related to unlawful detainers. And, in order for our civil society to function, we must have an accessible and funded court.”

Under a recent change to state law, the Superior Court can create new commissioner positions to address unlawful detainer cases with the consent of the county legislative authority. Dunn’s legislation would provide authorization for up to three new court commissioners.

Sean Flynn, President of the Rental Housing Association of Washington Board of Directors, said additional commissioners would help reduce strain on the court system.

“Our King County Superior Court Commissioners make up the backbone of our court system,” Flynn said. “Guardianships, probates, unlawful detainers, and many other cases fall under their purview and as such their case load is enormous. RHA thanks Councilmember Dunn for his leadership to fund more of these much-needed court commissioners to better address the unlawful detainer backlog.”

Court commissioners have the authority to perform duties of superior court judges that do not require a jury trial, along with other responsibilities assigned by law to aid in administering justice. Dunn’s legislation has been referred to the Law and Justice Committee for further consideration.