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Tri-Cities judge disputes ex-wife's domestic abuse allegations

Tri-City Herald - 1/12/2022

Jan. 12—A Tri-Cities judge is refuting allegations that he abused his now ex-wife over the course of their 33-year marriage.

Judge Sam Swanberg was accused of domestic violence and narcissistic abuse in a declaration filed last week by Stephanie Barnard.

"Sam's position is that the allegations are absolutely not true," said Scott Johnson, Swanberg's lawyer.

The public record was submitted in the case of Swanberg's former girlfriend, who sought a permanent anti-harassment order over claims he refused to accept their 5-month-long relationship ended in November.

Barnard said she kept her "traumatic experiences" private for decades, but decided to break her silence to support Sila Salas and other women who have walked a similar path.

Swanberg, who's been on leave from Benton-Franklin Superior Court since shortly after Salas' filing in late December, agreed to a modified no-contact order for one year.

The order allows him to return to work at the Benton County Justice Center in Kennewick, but restrains him from going within 25 feet of the Benton County Office of Public Defense.

Salas works for the Office of Public Defense, which is located inside the Justice Center.

No criminal charges have been filed against Swanberg.

At this point, Swanberg is not restricted from hearing any cases, though the administrative presiding judge determines assignments for each judge.

So, should Swanberg return to the bench in the near future, Judge Jackie Shea Brown will decide if he presides over any domestic violence or comparable cases.

Superior Court judges handle civil and felony criminal cases, divorces, paternity and custody issues in the two counties.

Johnson told the Tri-City Herald that his client would like to return to the bench "sooner rather than later."

"He is making sure that he is taking care of himself. He's anxious to get back to work, and hopefully that will happen soon," he said. "I think he's used this as a learning experience and, at the end of the day, it's going to make him a better person and a better judge. But it's certainly been difficult."

As an elected official, Swanberg can only be removed from office in a county election. He also can step down voluntarily before his term is up at the end of 2024.

The declaration by Barnard, and a 75-page supplemental document by Salas, both were filed on the same day as Salas' hearing on the permanent order request.

Johnson questioned the relevance of Barnard's declaration to Salas' anti-harassment hearing. He also said it was troubling for his client to learn that the declaration was requested by a Northwest Justice Project lawyer who also is friends with Barnard.

No-contact order

Johnson said he and Swanberg wonder what the true motive was in filing that court document, noting that Swanberg already agreed to have the no-contact order entered.

"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.

The attorney added that Swanberg agreed to avoid contact with Salas for one year because he knows he could have handled their breakup better, but he wants to make clear that he did not do what his ex-wife is alleging in her declaration.

Johnson said not a single police report was filed by Barnard over more than three decades.

He also questioned why Barnard would have six children with Swanberg, support him for every leadership position he sought with The Church of Jesus Christ of Latter-day Saints, and be the driving force behind his judicial campaign and eventual appointment if she was that scared of him.

Barnard says Swanberg had "a rage problem" over the course of their entire relationship.

Her declaration includes two pictures that she says show Swanberg dragging her out of a room against her will last February. Swanberg has his hands around the ankles of a woman who is only wearing one shoe.

She also included a photo of what she described as the "last bruise" that she received from her husband, also last February. She claims it happened when he pushed Barnard across a room and she fell down hard, hitting a wall.

Johnson countered that the bruise was never caused by his client, and said they believe the picture is from 2008 when Barnard injured herself.

He also disputes that Swanberg was dragging his wife in the pictures, explaining that Swanberg was trying to collect his personal belongings from the house and Barnard "was out of control" and trying to stop her husband from leaving.

Swanberg claims the fight was precipitated by Barnard dumping some protein powder over her husband's head. Johnson provided a photograph to the Herald of a powder-covered Swanberg, though it does not have a date stamp, along with Swanberg's personal texts to John Jensen at the time asking for help.

April 2021 divorce

The couple were in the middle of their divorce at the time. The divorce was finalized last April.

Barnard claims that when she told Swanberg in late 2020 she was going to hire a lawyer and file for divorce, he replied it would "f--- me up for the rest of my life." Instead, he drafted divorce papers and gave her three hours to review and sign, she said.

She alleges that she had to agree to joint custody due to numerous threats, and was not given any child support despite the significant disparity in their incomes.

Barnard, who got the family home in the divorce, says she now is renting out a part of it to make ends meet.

Johnson countered that his client did not force Barnard into a divorce agreement, saying the ex-wife consulted with an outside lawyer before the final decree was entered.

He added that Barnard got the family home in Pasco — which has hundreds of thousands of dollars in equity — in exchange for no spousal support from Swanberg.

A Superior Court judge in Washington state makes about $200,000 a year.

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