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March 16, 2026 Get Citation Alerts Download PDF Add Note

Michelle Johnson, V. Kelly Jackson

Court of Appeals of Washington

• Citations: None known
• Docket Number: 87464-1

• Precedential Status: Non-Precedential

• Opinion

• Authorities (12)

• Cited By (0)

• Summaries (0)

• Similar Cases (0)

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Lead Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

MICHELLE JOHNSON, No. 87464-1-I

Respondent, DIVISION ONE
v.

KELLY JACKSON, UNPUBLISHED OPINION

Appellant.

BUI, J. — Kelly Schneider appeals the superior court commissioner’s order

granting Michelle Johnson’s petition for an antiharassment protection order

(AHPO) against her. 1 Schneider argues the AHPO is not supported by

substantial evidence. But the AHPO has since expired and the appeal does not

present an issue of continuing and substantial public interest, so we dismiss this

appeal as moot.

FACTS

On September 16, 2024, Schneider contacted police to report that her

daughter Q.J. had been assaulted by two girls in the Chief Seath International

High School parking lot on September 10, 2024. Schneider alleged that one of

the girls approached Q.J. and then attacked her. The other girl, whom Schneider

identified as Johnson’s daughter A.J., joined in the attack, and the two girls

The appellant is identified in the caption to this case as Kelly Jackson, but
1

because she refers to herself as Kelly Schneider in her brief, we will do likewise.
No. 87464-1-I/2

punched and kicked Q.J. and pulled her hair. Schneider said that Johnson was

present during the assault and prevented Q.J.’s friend from intervening to stop it.

Two days after Schneider filed the police report, Johnson petitioned the

superior court for an AHPO protecting her and A.J. from Schneider. Johnson

alleged Schneider is “drinking and driving by my house [and] texting [and]

calling.” In an attached declaration, Johnson claimed Schneider “called me and

said she was going to F me up on [September] 15th then she said her and her

ba[b]y dad was g[o]ing to kill me.” Johnson submitted no other evidence in

support of her petition. The superior court issued temporary orders and set a

hearing for October 2, 2024.

Schneider filed a response to Johnson’s petition. In an attached

declaration, Schneider acknowledged she and Johnson “were both sending

heated texts to one another,” but denied calling Johnson on September 15 and

asserted Johnson “was the only one” who made “threats of violence.” Schneider

submitted screen shots of the text messages and screen shots showing two calls

from Johnson that Schneider did not answer.

On October 2, 2024, the superior court commissioner conducted a hearing

at which both parties appeared pro se. At the conclusion of the hearing, the

commissioner orally ruled that Johnson met her burden to demonstrate unlawful

harassment and granted a one-year AHPO and order to surrender weapons. In

the written order, under “Other Findings,” the commissioner checked the boxes

next to “Credible Threat: The restrained person represents a credible threat to

the physical safety of the protected person/s” and “Other.” After “Other,” the

2
No. 87464-1-I/3

commissioner wrote: “The Court finds the Petitioner’s testimony credible. The

Court’s oral ruling is incorporated by reference.” The order states that it is

“effective immediately” and expires on “October 2, 2025.”

Schneider filed a motion for reconsideration and submitted new evidence,

including the assault incident report, her Verizon cell phone call log showing no

calls from Schneider to Johnson on September 15, 2024, and a letter from the

prosecutor’s office indicating that Johnson’s daughter A.J. was found responsible

for the assault. The commissioner denied Schneider’s motion for reconsideration.

Schneider appeals. 2

ANALYSIS

Schneider argues the AHPO must be vacated because it is not supported

by substantial evidence. But because the AHPO expired on October 2, 2025, we

must decide whether her appeal is moot. “Generally, we will dismiss an appeal

where only moot or abstract questions remain or where the issues raised in the

trial court no longer exist.” Price v. Price, 174 Wn. App. 894, 902, 301 P.3d 486

(2013). A case is not moot if we can still provide effective relief. Pentagram Corp.

v. Seattle, 28 Wn. App. 219, 223, 622 P.2d 892 (1981).

As an exception to the mootness doctrine, we may decide issues of

continuing and substantial public interest. Thomas v. Lehman, 138 Wn. App. 618,

622, 158 P.3d 86 (2007). In making this determination, we consider “(1) whether

the issue is of a public or private nature; (2) whether an authoritative

2
Johnson did not file a respondent’s brief. “A respondent who elects not to file a
brief allows [their] opponent to put unanswered arguments before the court, and the
court is entitled to make its decision based on the argument and record before it.”
Adams v. Dep’t of Labor & Indus., 128 Wn.2d 224, 229, 905 P.2d 1220 (1995).

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No. 87464-1-I/4

determination is desirable to provide future guidance to public officers; and (3)

whether the issue is likely to recur.” In re Marriage of Horner, 151 Wn.2d 884,

892, 93 P.3d 124 (2004).

Schneider’s briefing does not expressly address the matter of mootness,

but she points out the AHPO places a continuing stigma on her record and

reputation. In Hough v. Stockbridge, 113 Wn. App. 532, 54 P.3d 192 (2002),

(reversed in part on other grounds by Hough v. Stockbridge, 150 Wn.2d 234, 76

P.3d 216 (2003)), the court held that an appeal from an expired AHPO was not

moot because the court could still provide effective relief by cleansing the

appellants’ records and reputations of the stigma and because the district court’s

practice of issuing mutual restraining orders was an issue of public importance

deserving of an authoritative determination. Hough, 113 Wn. App. at 536-37.

We acknowledge that an expired AHPO will typically create an ongoing

stigma. But unlike Hough, we cannot say the matter presents an issue of

continuing and substantial public interest. “ ‘The continuing and substantial public

interest exception has been used in cases dealing with constitutional

interpretation, the validity of statutes or regulations, and matters that are

sufficiently important to the appellate court.’ ” In re the Welfare of C.W.M., 27 Wn.

App. 2d 747, 754, 533 P.3d 1199 (2023) (quoting State v. Beaver, 184 Wn.2d

321, 331, 358 P.3d 385 (2015)). “ ‘This exception is not used in cases that are

limited to their specific facts.’ ” C.M.W., 27 Wn. App. 2d at 754 (quoting Beaver,

184 Wn.2d at 331). Here, the question of whether the AHPO in this case was

supported by substantial evidence is fact specific and private in nature, is not a

4
No. 87464-1-I/5

matter requiring guidance to public officers, and is unlikely to recur. We hold that

this appeal is moot and that no exception to mootness applies. Accordingly, we

dismiss the appeal as moot and deny Schneider’s request for attorney fees.

Dismissed.

WE CONCUR:

5