Last week I filed a quo warranto lawsuit against a private law firm hired by the Island County Commissioners.
A quo warranto case asks a judge to decide who can legally perform the duties of a public office — in this case, the office of the county prosecutor. I filed this suit to protect the right of Island County voters to pick their prosecutor, and ensure taxpayer dollars are spent wisely for legal services.
As your elected prosecutor, I am the lawyer for Island County. My deputy prosecutors and I provide legal advice and representation to all of the county’s officials.
As both a lawyer and an elected official, when representing my clients I must be mindful of my paramount duty to represent the public’s interests. If voters do not like how we represent the county, they can vote me out. This fact sets county prosecutors apart from private lawyers, who owe loyalty only to the clients who hire them and pay their bills.
Early this year, I learned that the county commissioners planned to hire a private lawfirm to represent the county as we update our land use policies and regulations.
I cautioned them against taking away the voters’ right to pick the county’s attorney. I explained that it made no sense to pay a law firm, at private law firm prices, to do the work of my experienced and cheaper deputy prosecutors.
For over a decade my office provided this service, working closely with planners to address the unique issues that challenged our county. In spite of my appeals, on April 28, the commissioners signed with a private law firm to do the work the voters elected me to do.
I did not make my decision to sue lightly. I consulted with others around the state. I requested the Washington Association of Prosecuting Attorneys to assist me. The WAPA board unanimously authorized its staff attorney to represent me as part of her duties. That was an important consideration for me because she is expert in quo warranto matters, and because I will not have to commit substantial county resources to the case.
According to news reports, the county commissioners acted surprised, and responded to the lawsuit by attacking my character. They accused me of being untrustworthy and self-interested.
I won’t resort to personal attacks on fellow elected officials. It was well known that their decision to hire a lawyer would reverberate across the state. Before they signed the fee agreement, I told them I would challenge it in court.
As elected prosecutor, I am the only one authorized to ask a judge to resolve this conflict. I was unable to convince the commissioners not to take this provocative action. I am duty bound as an elected prosecutor to seek a definitive ruling.
Regardless of what the courts decide, we will all benefit from knowing where the commissioners’ power ends and the voters’ right begins.
Greg Banks is Island County prosecutor.
