Because Judge Steiner of Pierce County Superior Court dismissed CAGEH’s claims against GHAAC members on 30 October 2009 without hearing evidence or completing discovery in CAGEH’s original complaint, this Appeals Court must assume all allegations made by CAGEH in the original complaint to be true when deciding the issues of this appeal

Though each side in the hearing was allowed 15 minutes, each argument lasted  approximately 30 minutes.  A fair amount of time was given to questioning by the three judges. The judges did not spend time focusing on specific legal analysis, which had already been briefed thoroughly by the parties.  Instead the judges’ questioning focused on how the GHAAC was formed, defining GHAAC’s relationship with Kitsap County, and the extent to which Kitsap County monitors or oversees the GHAAC.  The judges were also interested in how GHAAC members are selected, and how GHAAC operates both inside and outside of public meetings.

The SLAPP statute issues were not a part of the oral argument.  However, those issues were fully briefed.  The court will be able to decide the SLAPP statute issues based on the written briefing.

The Washington State Court of Appeals three judge panel will issue its written opinion in approximately two to three months.  An audio recording of the oral argument is available online.  The audio lasts approximately one hour. CAGEH encourages its review for an understanding of the proceedings.  The link to the recording is: