Island County commissioners hired an outside attorney to ask the state Supreme Court to reconsider a unanimous decision that says they can’t hire outside attorneys without the prosecutor’s consent.

The commissioners lost their big showdown with Island County Prosecutor Greg Banks, who was backed by the state Association of Prosecuting Attorneys, when the high court released its ruling last month in state v. Drummond.

The commissioners’ only opportunity for appeal is to ask the high court to reconsider, which they did in a filing last week.

In their decision, the justices found that the commissioners acted in an unlawful and unconstitutional manner when they hired Susan Drummond, a private land-use attorney, over the objection of the county prosecutor.

They essentially ruled that the commissioners cannot hire someone to do the work the voters elected the prosecutor to do without his OK.

So far, the county has spent $433,000 on the lawsuit, most of which went to the commissioners’ and Drummond’s attorneies. After being warned by Banks not to hire Drummond, the commissioners indemnified her, which means they paid her legal bills after the quo warranto lawsuit was filed.

The motion for reconsideration will raise the bill more, but the commissioners felt it was important. Drummond filed a joinder to the commissioners’ motion.

The commissioners can get away with the irony of hiring an outside attorney without the prosecutor’s consent because the Supreme Court’s ruling technically does not become law until a mandate is issued, though the decision says the action violated the state constitution.

Following an executive session last week, the commissioners unanimously decided to file for reconsideration.

Commissioner Helen Price Johnson said the justices’ ruling overlooks “long-standing rules of law that counties have relied on” and that some procedural issues have come to light.

Commissioner Jill Johnson said she isn’t overly optimistic about the commissioners’ chances, but that it’s worth asking for a reconsideration because the decision will be “injurious to the public in the long run.” She argued that the justices failed to acknowledge the policy-making authority of the board of commissioners.

“It just creates an unnecessary, artificial obstacle,” she said.

Banks won’t have to file anything unless the high court asks him to.

“I’m confident that the Supreme Court got it right,” he said.