For 111 years, a law allowing county commissioners to hire private attorneys went unchallenged.

That is, until a group of Island County elected officials with a fractured relationship tested the limits of the statute.

The disagreement between Island County Prosecutor Greg Banks and the Island County Board of Commissioners made its way to the state Supreme Court last month. Attorneys were grilled by justices when they presented opposing arguments in the case, titled Washington V. Susan Drummond.

“This is a pretty interesting political dispute in my opinion,” said Supreme Court Justice Susan Owens.

The question the justices will ultimately answer is whether county commissioners can hire private attorneys over the objections of their county prosecutor.

The primary statute in question, RCW 36.32.200, states that it is unlawful for commissioners to hire an attorney to perform a prosecutor’s function unless the contract is “approved by the presiding Superior Court judge.”

At question, however, is under what circumstances a judge may approve the contract.

County officials now await the high court’s decision, which will affect counties across the state.

“The prosecutor is proposing a sea change in how local government in Washington works,” said attorney Scott Missall, who represents the Island County Commissioners.

Banks is represented by Pam Loginsky, staff attorney for the Washington Association of Prosecuting Attorneys. She asked the Supreme Court to oust Drummond from her contract to provide legal advice to the commissioners. Under state law, Loginsky argued, it’s the prosecutor’s job to give legal counsel to commissioners, and hiring an outside attorney to do that work without an able prosecutor’s permission thwarts the will of voters.

“I also ask this court to consider accelerating that decision since the people of Island County have been deprived of their counsel of choice since April of 2015 with regard to the growth management update,” Loginsky told the justices.

The justices questioned her about which statute requires the commissioners to obtain the consent of the prosecutor before hiring a private attorney. Loginsky said that her argument was based on “an unbroken line of Supreme Court decisions.”

Justice Debra Stephens asked Loginsky why she isn’t challenging the constitutionality of the statute that’s at the center of the case.

Loginsky said the commissioners need a mechanism to hire an outside attorney if a prosecutor is unable to fulfill his or her duty, but the statute can’t be used without the prosecutor’s permission if the prosecutor is able to do the job.

Missall said the statute clearly allows commissioners to hire outside attorneys, with the approval of the presiding Superior Court judge, and doesn’t require permission from the prosecutor.

He said the statute is clear on its face.

“The fact is that 39 counties in Washington state have used the statute for 111 years without any problem,” he said.

Justice Charles Wiggins told Missall that one of his arguments was “a logical fallacy,” but Missall said he disagreed.

Justices asked Missall whether, under his argument, commissioners could hire their own attorneys to prosecute criminals if they didn’t like the prosecutor.

Missall said that they can’t because “prosecution” is the core function of the prosecutor, as compared to providing legal advice to county officials.

Justice Steven Gonzalez, however, pointed out that “prosecution” refers to both civil and criminal matters.

Chief Justice Barbara Madsen asked whether it would have been an issue if the commissioners hired Drummond as a consultant rather than an attorney.

In fact, a previous board of Island County commissioners hired an attorney as a consultant to get around having to obtain a judge’s permission.

Justice Sheryl Gordon McCloud pointed out that the difference is that the commissioners may have privileged conversations behind closed doors with an attorney but not with a consultant.

The disagreement between Banks and the Island County Commissioners arose last year when commissioners hired Drummond to help with the update to the county’s comprehensive plan. They said they needed someone with expertise in the area of law to help them draft the plan and they questioned the ability of the prosecutor’s office.

Banks objected and later filed a lawsuit seeking Drummond’s ouster as the commissioners’ land-use attorney.

The commissioners joined the lawsuit in defense of Drummond.

Island County Superior Court judges agreed with the commissioners and wrote a strongly-worded letter supporting their interpretation of the law.

Drummond and the commissioners won a summary judgment in Skagit County Superior Court, but Banks then asked the Supreme Court to take up the issue on direct review, which allowed him to bypass the appeals court.

The high court justices granted Bank’s request.