WHAT THE HALE? Convicted Sex Offender, Previous Courthouse Mediator Joseph Hale Released From Jail Early, Plus Good News From New Courthouse CEO

Joseph Hale

The past year has been marked by significant challenges within the Humboldt County Court system following the arrest of Joseph Hale, the former Child Custody Recommending Counselor. Hale, who was prosecuted on four counts of Invasion of Privacy for illicitly photographing women’s private areas, has unexpectedly been released from jail before completing his 280-day sentence. In this article, we look at what occurred there, and also dig into the aftermath of Hale’s arrest, highlighting the perseverance of the Court’s family law mediation department in his absence.

During our research, we discovered that not only was Hale released from the county jail early for reasons unknown, but, at this time, he doesn’t appear on California’s public list of sex offenders, despite the requirement that he register.

On June 6 of this year, an out-of-town judge appointed to the case because of Hale’s position working with local judges, the Honorable Judge Ann Moorman, sentenced Hale to 280 days in the county jail, levied fines, and ordered Hale to comply with California’s Level 1 sex offender requirements, which state that an offender ordered to comply with Penal Code § 290 must register as a sex offender in the county they reside in.  Hale’s Order of Probation states he must do so “within 5 working days of sentencing.”

A cropped image of Probation Order above shows section 12 and 14 which refer to requirements of Sex Offender Registration and enrollment with a sex offender treatment program. According to terms of Hale’s Probation Order, he is required to register as a sex offender, as well as to complete a “sex offender treatment program” (above, section 14 of the Order) with the assistance of the probation officer.

As of November 21, Joseph Hale cannot be found on the Megan’s Law Website, which is a tool to promote public transparency in regard to convicted sex offenders in California. The website offers an interactive map detailing the address of registered offenders, and details of their offenses and status of their registration with law enforcement. However, California’s Megan’s Law website notes, “Under state law, some registered sex offenders are not subject to public disclosure, so they are not included on this site.”

The Department of Justice (DOJ) allows certain low-level sex offenders to request that they not be publicly listed on the internet. This process, referred to as “exclusion,” is based on a review of official court documents, and is outlined in PC 290.046. Even if excluded from the Megan’s Law public website, these individuals are still required to register as sex offenders. Although Hale would still be obliged to register with local police if he was granted the exclusion by the DOJ, his information would not be publicly disclosed, if the DOJ had approved his exclusion request. Eligibility for exclusion applies to those whose offenses are limited to specific categories and who have either successfully completed or are currently on probation.

Hale is not reflected anywhere in the state on the list of registered sex offenders. California Penal Code 290 PC makes it a crime for a sex offender to fail to register with their local police station. The state also requires that convicted sex offenders report annually on their birthday, and after moving to another address in order for the court system to hold them accountable.

To date, there is no public listing for Joseph Hale in California’s Sex Offender Registry, which can be accessed at Megan’s Law online, where offenders can be located via an interactive map if they are indeed publicly registered.

Perhaps a more worrisome point of concern for local victims of Hale’s Peeping Tom style Invasions of Privacy – which we wrote about at the time – Hale is no longer in the Humboldt County Correctional Facility, despite serving only a small portion of his total sentence of 280 days in jail, and we are unable to confirm further details of Hale’s transfer to any specific hospital. The Humboldt County booking logs at the jail reflect that after being admitted to the jail on August 5, Hale was “released” and “transferred to [a] medical facility” on the 13th of October. Since then, his name has not been reflected in the jail population listings produced daily.

A cropped photo of the October 13, 2023 Released Inmate Report, showing Hale being released to a medical facility. At this time, we are unable to confirm Hale’s enrollment in a “sex offender treatment” program, nor are we able to confirm any specific reason for his transfer to a medical facility, as reflected above, due to confidentiality boundaries.

A subsequent email inquiry to the probation department was answered by Correctional Captain at the Sheriff’s Office, Duane Christianson, who confirmed – as reflected in the Sheriff’s logs – that Hale was “transferred to a treatment facility and released from custody following proper procedure” before advising that he could not disclose any details regarding Hale’s transfer. Considering that an inmate could be transferred to a State Hospital for the purpose of attending a sex offender treatment program, it remains unclear in Hale’s case, if he had been transferred to a local hospital, or in the alternative, to a State Hospital, and why.

An email to Hale’s criminal defense attorney Paul Gallegos was returned with a copy of the Probation Order shown below (which we had already obtained directly from the courthouse), along with Gallegos’s acknowledgement that he is bound by rules of professional conduct and confidentiality and was therefore unable to share further information in regard to Hale’s current disposition with the jail. Gallegos was not able to offer a confirmation of Hale being registered, or not, as a convicted sex offender in California. 

The last page of Hale’s Order of Probation holds his signature, verifying that he was informed of the requirements articulated within the Order, and that he was informed and aware of the possibility of finding himself subject to the “flash incarceration” provision if he fails to comply with any part of the Order. The provision explains, “failure to comply” with terms of probation “may result in a period of flash incarceration of up to ten days”.

While the Probation Department cannot inform the public of who is or isn’t on probation due to confidentiality boundaries, they “can accept information from the public to assist in supervising cases and effectively protecting the community,” and add that “crime victims are advised when a violation of probation occurs.”

Hale’s sentence imposed by Judge Moorman – detailed in this Order of Probation filed June 20th by the Probation Office – includes fines in the amount of $530 which are currently noted by the courthouse as unpaid and have been sent to collections.  If those funds are not paid by January 5, 2024, the California Franchise Tax board is authorized in taking actions necessary to collect the funds directly.

NOT ONE, BUT TWO MEDIATORS:

Beyond our inability to find out where Hale is currently, we looked into what has been happening at the Court since Hale was terminated. The system has been strained. Interim mediators had been filling the gap week to week, but with an overloaded family law court calendar and dozens of families awaiting their turn in mediation. Many legal professionals working in the family law arena had expressed frustration working within a court department stretched to capacity on any given day.

In the wake of longtime family law mediator Joseph Hale’s troubling departure from his position as the only courthouse mediator for child custody disputes, the courthouse has been trying to fill the gap with limited success until now. A small handful of counselors have been hired to fill the void over the past many months, but now, two new mediators are so far successfully meeting the moment, digging into the high-volume caseload.

Many parties to family law litigation are dependent on the family court’s mediation process – which is mandatory in California when disputing child custody – and have been made to wait for a mediation appointment, simply due to the court having to rely on a single mediator to address the dozens of cases per month scheduled for mediation by the judge. In most cases over the past year, these types of cases have had to wait for as long as three months or more to make headway in mediation, while the personal matters at issue are stagnant in the meantime. Now, with the recent hire of a second mediator, the pace of mediation scheduling is picking up.

When asked for feedback regarding the two mediators currently employed, Courthouse Executive Officer Meara Hattan confirmed by email that the court recently hired a second, part-time counselor to lighten the load for the existing mediator. Introducing the two mediators, Hattan wrote by email, “[T]he Court is pleased to have David Troxel as our full time Child Custody Recommending Counselor (aka-Mediator) as well as a Susan Badra who is a new addition to our team serving as a part-time Child Custody Recommending Counselor.”

With Badra joining the family law mediation department as recently as mid November, she is still learning the ropes. Hattan told us, “Susan Badra, LCSW is an experienced therapist and mental health clinician and received her Masters of Social Work from Humboldt State University. David Troxel holds a Masters Degree in Conflict Resolution and worked locally as a mediator for over 10 years before joining the Court.” In regard to the qualifications of each mediator tasked with delicate child custody matters, often between two parents that do not see eye to eye, Hattan assures the public, “Both CCRC staff have years of experience assisting our community and are committed to helping court users navigate the process of reaching co-parenting agreements.”

COURTHOUSE SHUFFLE:

With Hattan taking over as Humboldt County’s new Courthouse CEO following the retirement of the previous Court Executive Officer, courthouse functions are under new supervision, and the family law department in particular is enjoying a few welcomed modifications. When Hattan was asked how she felt about taking on the new role, arguably the most important administrative role in the courthouse, she replied, “The role of CEO presents an exciting challenge for me.

As Court Executive Officer, Hattan said, “There is so much to learn and I have a great team of court staff, managers, administrative staff, and Judges that have been so supportive through this leadership change.” Noting that she has lived in Humboldt County since she was a child, she added, “I have 20+ years of public service in Humboldt County and I have established strong professional relationships with our Justice Partners all of which has had a positive impact on my transition to this role.”

Reflecting back on her experience, Hattan highlighted some experience gained with the courthouse, saying, “I started here at the Court in 2011 as the Criminal/Traffic Department Manager so I know the operational side of the court well. I care about making this a positive, welcoming, work environment for our staff. I am here to support our staff and Judicial Officers to provide excellent service to the public.”

As for the placement of judges in their respective departments, Hattan informed us that the Family Law division has welcomed Judge Kelly Neel this month, taking over for Judge Laurence Killoran who will be moving into the criminal court division. Additionally, Commissioner Frances Greenleaf will be retiring in January, according to Hattan, who noted that the county is actively “recruiting to fill the vacancy” that will be available come January. Beyond that, as far as the Judge’s shuffle goes, Hattan tells us, “No other Judicial assignment changes are anticipated at this time.”

In looking at the important yet frequently tedious daily functions of the courthouse, its many departments and offices related to county government make for a matrix of constant paper pushing and calendar conforming, where administrative staff are often spread thin.

An anonymous source working within the courthouse filing system explained, “We are all so spread thin, they don’t have enough staff in family law, so other people are moved to that department as needed, and then someone has to cover for them also where they would be normally.”  Not wanting to be named in this article, this clerk indicated that more jobs are available, but are not being filled. When asked about what jobs are being covered, the staff member indicated that phones are difficult to cover in addition to the filing windows being tended to, and that even with the limited hours for courthouse filing by the public between 9 o’clock AM and 2 o’clock PM, that the staff is challenged to meet the mark.

This reluctant court staff member said, sounding energetic but stressed, “because there’s just not enough hands going around and answering phones also, I mean it is a teamwork effort, and we are so busy.  So busy, all the time,” she said, emphasizing “all the time’…

Prior to the announcement of Badra’s hire as the second CCRC mediator, this anonymous staff member concluded, “but we still need more new hires to be hired on, to get up to speed I think.” To that end, the courthouse currently has six job listings open, which can be found at the Humboldt County Superior Court website.

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