Asotin judge reflects on past year on the bench

ASOTIN — The past year has been a whirlwind for Superior Court Judge Brooke Burns.

Between juggling COVID-19 courtroom restrictions and commuting to Dayton and Pomeroy, Burns has been on the go since the day she donned the black robe.

“My first year was pretty chaotic and very fast-paced,” Burns said. “But I loved it.”

After defeating two challengers, the 42-yearold Clarkston native was sworn in during a global pandemic to become the first female Superior Court judge overseeing felony cases in Asotin, Columbia and Garfield counties. Down the hall in District Court, Judge Tina Kernan is handling municipal court and misdemeanors.

“On election night, I was absolutely elated and in shock,” Burns said. “I still wake up sometimes and think it’s not real. I appreciate the support I continue to receive. When people tell me I made the right decision by running, it’s really affirming.”

Self-described as a “social person,” Burns had to make some adjustments to accommodate her new role. She tightened her inner circle to avoid conflicts of interest and steers clear of social media — for the most part. Occasionally, she goes online to give her husband, J.D., a shout out, along with her late mother, who died when Burns was 29.

“I’ve worked more in the past year and done a lot less social things,” she said. “I was told being a judge can be one of the loneliest jobs out there.”

Retired Whitman County Judge David Frazier, who swore Burns in, is one of her mentors, along with retired attorney Tom Ledgerwood, of Clarkston.

“Tom is just a good human being,” she said. “Judge Frazier was such a good judge. He gave us attorneys guidance in a professional, friendly manner. He was kind yet stern, not someone you would talk back to, if you were a defendant.

Burns said she’s only experienced one unruly defendant while on the bench. A few weeks ago, a woman talked back to the judge via Zoom. Burns told her, “If you can’t participate respectfully, we’re done.”

As for attorneys, Burns doesn’t appreciate unnecessary bickering by either party.

“I feel like I’ve always gotten along well with opposing counsel,” Burns said. “It’s frustrating to me when the attorneys who appear before me can’t get along and act unprofessionally.”

As a Superior Court judge, the former private attorney is delving into some new territory and enjoying the education. Burns said she does her homework, carefully going over each case and file.

“Instead of just practicing family and criminal law, I was forced to study and learn other areas of law that I used to find daunting. I found out they weren’t as daunting after all.”

Burns’ father, Brian Shinn, is an Asotin County commissioner, but the judge said there haven’t been any conflicts over work. “We specifically don’t talk about county business,” she said.

In Asotin County, Burns is conducting Superior Court hearings at the courthouse, and jury trials are being held at the fire hall in the Clarkston Heights, where there is more room for social distancing. The arrangement has been working well, Burns said.

To date, the hardest cases to oversee have involved families falling apart, she said. “When you watch people who were in love, once upon a time, and had kids together, become cutthroat with one another, it’s tough,” she said.

Another thing that’s difficult is explaining the sentencing process to crime victims. Washington judges have a sentencing grid to follow, based on the offender’s previous crimes and state guidelines. Burns said some folks don’t understand that she has to adhere to the rules and can’t deviate from the sentencing range.

On the flip side, Burns has been on the bench for some happy occasions.

“Adoptions are my favorite,” Burns said. “I love adoptions. It’s the one very good thing that happens in court, but it’s closed to the public.”

As she wraps up her first year, Burns said she’s grateful for the opportunity to serve the community. Her career advice for aspiring attorneys is, “maintain professional relationships with opposing counsel, be trustworthy and honest, and do your research.”

Sandaine can be contacted at kerris@lmtribune.com.