Island County prosecutor asks state Supreme Court to hear his lawsuit

The Island County prosecutor is asking the state Supreme Court to allow his lawsuit against a private attorney to bypass the court of appeals. Prosecutor Greg Banks' attorney, Pam Loginsky, filed the statement of grounds for direct review today.

By Jessie Stensland • January 29, 2016 6:55 pm

The Island County prosecutor is asking the state Supreme Court to allow his lawsuit against a private attorney to bypass the court of appeals.

Prosecutor Greg Banks’ attorney, Pam Loginsky, filed the statement of grounds for direct review today.

Banks brought quo warrants action against land-use attorney Susan Drummond last year after the county commissioners hired her to assist them with the comprehensive plan amendment. He tried to oust her from the job, claiming she was usurping his authority as the commissioners’ legal counsel.

Banks lost that argument in Skagit County Superior Court earlier this month when the judge granted summary judgment in favor of Drummond and the commissioners, who were interveners in the lawsuit.

The judge found that the commissioners’ contract with Drummond, which was approved by the presiding superior court judge, was valid under RCW 36.32.200.

Banks kept his promise to appeal directly to the Supreme Court.

“This case presents a fundamental issue affecting the government of all 39 Washington states,” the statement for direct review says. “Who chooses the legal advisor to county officials? Can each official or body of officials select his, her, or their own advisor, to serve at public expense? Or do the voters select a single person who will advise all the county officials, by electing a county prosecutor?”

The commissioners previously said they hoped Banks would not pursue an appeal since the matter appeared to be settled and they don’t want to spend more funds on disruptive litigation.

Banks said he hopes that nobody will oppose the request for direct review since it will save both time and money.

“I hope that, maybe now, the board’s and Ms. Drummond’s attorneys will also see the benefit of moving the case directly to the Supreme Court, instead of paying private attorneys to simply delay the inevitable,” he said. “Every county now wants to know the answer, one way or the other.”

The statement for direct review states that the matter could be ready for hearing before the Supreme Court during the spring term.