Our view: Give Verner credit

Whoever advised that the first thing to do when you find yourself in a hole is to stop digging has a disciple in Spokane Mayor Mary Verner.

The city of Spokane landed in a deep hole last month when the state Court of Appeals brought a decade’s worth of District Court convictions into question over the way the judges in those cases were elected.

With that ruling under appeal by the city, some people would be reluctant about going too far to correct the underlying problem. That might look too much like conceding error in one setting at the same time you’re arguing in another that there was none.

Not Verner. She has called for a new system of choosing municipal court judges to reflect the technical concerns that led to the Appeals Court’s 2-1 decision. On Thursday, the City Council unanimously agreed to support her plan.

All the city can do now, however, is hope that the Board of Spokane County Commissioners will grant its request.

The issue began with a couple of drunken driving defendants whose lawyer said their convictions were invalid because they were charged with city infractions but were being tried by a judge who was elected countywide. A majority of the appellate judges agreed, and the DUI convictions were out.

What happened next transformed a minor aggravation into a potential nightmare. If those two drinking drivers could go free because of the election mixup, what about every defendant convicted of a misdemeanor under similar circumstances? Applications for release began to mount.

For 10 years, the municipal cases had been handled under a city-county agreement that assigned some District Court judges to preside over municipal court.

An analysis of election returns showed clearly that the judges in question were favored by voters living in the city. It wasn’t as though Spokane residents were being sent before judges who didn’t represent the electorate’s will.

That view may prevail, in time. For that matter, the allegedly faulty system was modified a year ago, but the city isn’t convinced it would stand up under a similar challenge, and to keep following it would risk compounding a problem that is troubling enough.

So, while the lawyers battle over the technicalities and jailers keep one hand on the cellblock keys, city officials are asking their Spokane County counterparts to separate the District Court into separate divisions, one of which would specialize in municipal cases. Initially, the four judges in that division would be District Court judges selected by the city; by 2010, they would be elected in a city-only vote.

Some court officials are understandably nervous that the arrangement could undermine special programs that deal with cases involving domestic abuse and mental illness. Care should be taken to address those concerns.

But if the latest word from the courts is that the present system of hearing municipal cases is shaky, the city is in danger of sinking deeper into its hole. It’s time to lay the shovels aside and come up with a plan that addresses both court management and public safety.