Joseph Hale, Humboldt’s Only Family Law Mediator on Leave After Arrest by DA’s Office

Joseph Hale [Humboldt County Correctional Facility Booking Photo]

According to Samantha Kargas, Public Information Officer at the Humboldt County Sheriff’s Office, “Mr. Hale was arrested by the Humboldt County District Attorney’s Office,” and was charged with PC647j(2).

This is a misdemeanor charge from the District Attorney’s office. Specifically, Hale is accused of violating Penal Code 647j2, which reads as follows:

A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.

Hale’s job in Humboldt County is of critical importance to the family law court. Once involved in a custody dispute, a family is required by law to attempt to mediate an agreement for terms of custody and visitation. Currently, the managing staff of the Family law department are making plans for coverage and attempting to address the pile of work left in limbo with Hale’s unexpected absence.

In regard to the family law debacle currently unfolding in the courthouse, local Family Law Attorney out of Fortuna, Callie Buck, told us,

Although I can not speak about Mr. Hale’s current circumstances, it is very unfortunate that we now don’t even have one mediator when we need at least two or three. I think this is just another reason why the county/ court system needs to be actively hiring a second ( or third mediator.) Families are already often having to wait 3-4 months before their case can go to mediation. A lot of times this means a parent will have to go at least that long without even visiting with their child(ren.) Our public service is doing a major disservice!

It is my understanding that the county has been actively hiring for the role for years, but due to the fact that the pay rate being offered is so low, the position still sits vacant. Hopefully, the human resources/ hiring department reevaluates the situation. The county once again is blatantly ignoring the needs of the families of this community.

In response to an email inquiry as to courthouse functions in Mr. Hale’s absence, Humboldt Superior Court CEO Kim Bartleson replied to say, “The court has no comment at this time.” However, multiple sources from inside the courthouse who preferred to remain anonymous told us that as indicated by an internally circulated staff email – which did not mention the charges against Hale – that a plan to assist the courthouse mediation functions was in motion, although details were scant.

The staff at the courthouse believed that Hale may have been out with COVID, but after seeing the booking photo and the associated charges, one anonymous staff member noted, “This is shocking.”

When reached for comment on the matter, local Criminal Defense Attorney Kathleen Bryson emphasized that everyone is entitled to a vigorous defense, and that an arrest does not necessarily equate to guilt. Bryson stated, “I love Joe Hale. I have known him for 17 years. To be arrested is different from being found guilty. I would suggest that we let the court system do its work. Allow the DA to do her job. Then, if he is charged with the same thing as he was arrested for, or something more, or something less, let him have the same rights as anyone else to zealous and effective counsel.”

Providing us input we did not expect, Bryson added, “I can say one thing though. I can speak from experience of the family law scene. I was minors’ counsel from 2005 to 2007 before I became a deputy DA. I do know that it is very political. I do not know who his alleged accuser is. However, that person will undergo the same level of scrutiny as that applied to Joe.”

Joseph Hale, now released on his own recognizance, has been the sole family court mediator in the courthouse for several years, handling the full scope of the mediated cases sent to his office, on the third floor of the courthouse. This mediation process is exclusive to families needing to work out their custody and visitation conundrums, and involves each party to a family law case meeting with Hale directly to discuss the sticking points of co-parenting.

This is a state-mandated element of resolving family law disputes via the courthouse, which ideally results in a mediated agreement that saves the family from enduring a trial or potentially tumultuous litigation, where their mutual fate rests largely in the hands of the Family Court Judge in Department 6.

On any given week at the courthouse, there are dozens of family court cases being heard by a judge, and each of those seeking custody or visitation orders are mandated to participate in court-ordered mediation with Joseph Hale, at least once, and for some families, it is a repeated adventure.

The family law mediator, also known as the Child Custody Recommending Counselor (CCRC), is responsible for hearing each party’s side of the story, and negotiating a mutually agreeable resolution as to timeshare between the two parents or guardian of the minor child/ren involved in the matter. Sometimes, the mediator is tasked with also interviewing the child involved, if the child is over the age of 14.

Following the mediation session, which involves interviews with each party separately and together, Hale would then provide a written report to the Court and the parties, making recommendations as to custody, visitation, and any co-parenting issues that arise apart from child support issues.

These “recommendations” are frequently considered by the court and simply adopted as court orders, if they are agreed to by each party to the matter. The mediator has a significant impact on outcomes in the Family Law court, and indeed, can be effective in saving the court, as well as the parties involved, a lot of time and money.

Without a mediator on deck at the courthouse, there are sure to be delays in moving cases forward smoothly, because those cases that are set for mediation, and the resulting “return from mediation” court dates may need to be re-calendared by the court. This delay would be much to the dismay of courthouse staff, local attorneys, and most devastatingly, to the families whose routines and court cases depend on an efficiently run courthouse for their very stability and often for their collective sanity.

Already, the courthouse is in the market for a Mediator, according to this job posting made in April of this year on the county’s website:

The Superior Court of California, County of Humboldt, is currently accepting applications for CHILD CUSTODY RECOMMENDING COUNSELOR . For an application, please click on the Job Application link or contact Human Resources at (707) 269-1202 or email [email protected] and requirements for the position can be found here.  The mediator’s salary is listed as Salary: $72,946 – $88,760 per year, for 32 hours per week, and offers a benefit package.

Hat tip to John Chiv for his breaking news on this earlier today.

In the interest of transparency, this reporter also functions as a Legal Assistant in Humboldt County, currently working primarily in family law.

This article is written by Ryan Hutson, a local freelance journalist. Follow Ryan at Humboldt Freelance Reporting on Facebook, Instagram and YouTube. To support Ryan’s award winning reporting, please consider donating here.

Update: Former Court Employee Charged with Four Counts of Secretly Recording Under a Person’s Clothing Without Consent