Tri-Cities judge’s domestic violence assault trial delayed until summer
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Accused Tri-Cities judge
Superior Court Judge Sam Swanberg is accused of assaulting his ex-wife and harassing an ex-girlfriend. Check in with the Tri-City Herald as we report the latest on the story.
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A Tri-Cities judge’s trial for domestic violence assault charges has been delayed.
Benton-Franklin Superior Court Judge Sam Swanberg was scheduled Tuesday for a pretrial hearing on two misdemeanor counts of domestic violence assault against his ex-wife.
His trial was set to begin this month.
But at Tuesday’s online hearing in Franklin County District Court, Swanberg and his attorney agreed to postpone the trial until Aug. 8.
To avoid a conflict of interest with other Tri-Cities judges, Swanberg’s case is being handled by Judge Donald Engel from Yakima County District Court.
But Engel had a conflict with the original trial date, and both sides also said they wanted more time to prepare for trial.
In the meantime, a non-contact protection order for Swanberg’s ex-wife, Stephanie Barnard, remains in place until January 2024 or until a decision is reached in the case or the charges are dismissed.
Separately in Benton County, a 1-year protection order is already in place to prevent Swanberg from contacting his ex-girlfriend, who says he harassed her after their breakup last year.
The harassment allegations were investigated by the Benton County Sheriff’s Office and have been referred to an outside prosecutor for review for potential charges.
The charges in court Tuesday stemmed from a citation issued directly by Franklin County sheriff’s detectives following their investigation into a confrontation in February 2021 at Barnard’s home just outside Pasco.
On Tuesday, Swanberg’s attorney said the judge’s defense at trial will be that he was acting in self-defense.
The Washington Attorney General’s Office is handling the prosecution in both cases to avoid a conflict with Tri-Cities prosecutors.
A spokeswoman for the AG’s office told the Herald on Tuesday that the Benton County harassment allegations are still under review and that no charges had been filed in that case.
Removed from duties
Swanberg has not been handling any court cases in Benton or Franklin counties since January.
He said in early January he has no intention of stepping down, however, pending the outcome of his legal troubles, the other judges voted to remove him from his courtroom duties.
“Where the conduct of a judge, actual or alleged, raises a real and substantial question regarding the trust and confidence of the public, this bench has an obligation to act,” said a statement from the judges at the time.
Swanberg is one of seven Superior Court judges and three court commissioners who handle civil and felony criminal cases, divorces, paternity and custody issues in the two counties.
He oversees cases in Benton and Franklin counties, including Kennewick, Richland and Pasco. He has been on the bench for about four years.
If his trial is held in August, he’ll have collected about $133,000 of his $200,000 annual salary while on paid leave.
Abuse allegations
Swanberg was accused of abuse by his ex-wife, Barnard, in a court filing in early January.
It was part of supporting documents in the civil case for a no-contact order brought by Swanberg’s ex-girlfriend Sila Salas in Benton County.
Salas said that Swanberg began to harass her after their 5-month relationship ended.
Barnard, in her own document, claimed he had been abusive over the course of their 33-year marriage, and she decided to come forward when she saw what she believed to be a pattern of abuse continuing with Salas. The documentation included photos of what appeared to be Swanberg dragging her by the feet in February 2021 and a bruise.
After the allegations came to light, an investigation was opened by the Franklin County Sheriff’s Office and the citation was issued. The charges are misdemeanors punishable by a fine of up to $5,000 and up to 364 days in jail.
In the affidavit, the detective said they found no evidence that would support Swanberg’s position that he acted in self defense.
Scott Johnson, Swanberg’s lawyer, previously told the Herald that the judge maintains his ex-wife’s allegations are “absolutely not true.”
“I don’t think anyone would be surprised that a former spouse from a 33-year long marriage might be upset when she finds that her ex-husband is in a relationship with a younger woman,” Johnson told the Herald.
Their divorce was finalized last April.
This story was originally published April 12, 2022 at 5:02 PM.
