October 23, 2011 in City

Mielke, Hayes deny dating conflict

Judge: Role in appointment would be inappropriate

John Craig The Spokesman-Review

Tags:conflicts of interestDebra HayespoliticsTodd Mielke

Spokane County Commissioner Todd Mielke says his dating relationship with a District Court judge poses no conflict as commissioners prepare to fill a vacancy on the court.

Mielke and the court’s presiding judge, Debra Hayes, have been in what he describes as “a serious dating relationship” for about a year. Mielke said they’ve known each other since 1988.

“We haven’t been hiding it,” he said. “My life’s pretty much an open book. You don’t have to dig very deep to see it.”

He said he “would never make a decision on what personally benefits her,” but the appointment of another judge is not such an issue.

Mielke said his understanding of state law is that conflicts of interest must involve personal gain. Published research by the nonprofit Municipal Research and Services Center of Washington supports Mielke’s view.

The state’s appearance of fairness doctrine defines conflicts more broadly, but is limited to quasi-judicial actions, such as zoning hearings, in which public officials rule on people’s rights.

“There is no conflict,” Hayes said. “We are both elected officials in separate branches of government. I don’t tell him how to do his job as a commissioner and he doesn’t tell me how to do my job as a judge.”

Hayes said she told Mielke and Commission Chairman Al French that, given the nine finalists for the vacant position, “I have no doubt that you will pick someone who is competent and who we can work with.”

Aside from that, Mielke said, Hayes has told him only that selecting a new judge quickly is important because two other judges are expected soon to have prolonged absences.

Mielke quizzed one of the applicants, Rob Seimes, about whether he “burned his bridges” with harsh remarks when he was laid off as a District Court commissioner. But Mielke said his information came from involvement in unsuccessful negotiations to keep Spokane from ending its contract for District Court services.

Hayes said if she had concerns about any of the applicants, she wouldn’t tell the commissioners.

“It’s just not appropriate for me to be trying to influence this process,” she said. “I will work to make sure that we work with whoever comes out of that group.”

Anyway, Mielke and Hayes said, numerous evening meetings limit their time together and they prefer not to talk shop.

“We don’t live together,” Mielke said. “We live on opposite ends of town. Unlike a married couple, we don’t have the same amount of time to compare notes and small talk.”

He said Hayes joked that she can’t influence him because he didn’t vote for her when commissioners appointed Harvey Dunham to a District Court vacancy in 2005 – a year before Hayes unseated Dunham at the polls.

Neither Dunham nor Hayes was among five finalists recommended by a screening committee commissioners appointed.

Mielke said he voted against Dunham because he thought commissioners should have chosen from their committee’s list.

Six comments on this story so far. Add yours!

ChefGus/ John Olsen on October 23 at 7:18 a.m.
to me this is sort of a Non Event… and I would wish both of these fine people some happiness in their lives… best wishes to the both of them… John Olsen
DickAdams on October 23 at 4:49 p.m.
Anybody who thinks Mielke and here comes “tha judge” haven`t had a pillow talk about the subject, I`ll sell you the Monroe street bridge Tuesday.
Shadedmuse on October 23 at 5:05 p.m.
I find it interesting how the Comish chose Dunham and the Voters chose hayes. Hayes it alot nicer then Dunham, I ran into Dunham at yokes and he was a rude SOB. Why Meilke let Tonia get away is beyond me, Tonia was a little Hoty.
The_Seer on October 23 at 5:12 p.m.
Ozzie looks like he’s extremely happy to part of that photo-op.
Lewis on October 23 at 8:54 p.m.
who cares?
another_perspective on October 27 at 11:26 p.m.
He could of been dating O’Connor..but then his judgement would have come into some serious questioning.
Who knows what goes on in Dollys chambers?