January 30, 2008 in City

City to seek high court review of Rothwell case

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The Washington Court of Appeals has denied the city’s request to reconsider a ruling that threatens the authority of Spokane’s municipal courts.

The city will petition the state Supreme Court to review the Rothwell case, City Attorney Jim Craven said Tuesday.

“It’s important for the Supreme Court to look at this,” Craven said.

The Nov. 8 ruling tossed out the DUI convictions of two Spokane men, Lawrence Rothwell and Henry Smith, saying the Spokane County District Court judge who convicted them, Patricia Connolly Walker, was not elected solely by city voters as the Legislature intended, violating the voting rights of city residents.

The city on Nov. 27 asked the appeals court to reconsider its ruling because of its far-reaching impacts.

The Rothwell case was brought by the Center for Justice.

The Rothwell ruling threatened hundreds of misdemeanor convictions and associated fines over 12 years and prompted a series of formal requests from public defenders to release more than 100 people from jail whose convictions through Dec. 31, 2006, might be invalidated. Those requests were delayed in a series of District Court hearings until the appeals courts could rule, which it did Jan. 17.

Reacting to the legal crisis in December, Spokane Mayor Mary Verner said she’ll move this year to ensure that municipal judges are elected by city voters.

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