Newspaper Files Countersuit Against Judge Editor Criticizes Judge Wilson For Filing ‘Frivolous’ Libel Suit

Spokane District Court Judge Donna Wilson is harassing The Spokesman-Review with a bogus lawsuit that damages the newspaper’s reputation, the paper’s legal response to her libel suit says.

Wilson accused the newspaper of fabricating a story about her reading a paperback book during court. She’s seeking more than $1.5 million for libel, invasion of privacy and subjection to public ridicule with articles, columns and editorial cartoons in 1993 and 1994.

Chris Peck, editor of The SpokesmanReview, said the newspaper filed a countersuit against Wilson Friday to preserve its ability to report the news and comment on it without fear or favor.

“Public officials should not be encouraged to try to close off coverage or stifle comment upon their actions and words by filing frivolous lawsuits,” Peck said.

Duane Swinton, attorney for The Spokesman-Review, said Wilson should know better than to clog the courts with such a weak case.

“Given her status as a judge and knowledge of the law, we think she should be held to a higher standard when it comes to filing a lawsuit,” he said.

Wilson was not at work Monday and could not be reached for comment.

In the response to the libel suit, Swinton denied Wilson suffered any damages because of the newspaper stories. He also alleged that Wilson’s accusations damage the newspaper’s “reputation for truth and veracity in reporting the news.”

The countersuit demands Wilson pay the newspaper’s attorney fees and shoulder the expense for tarnishing its reputation.

Swinton said those damages aren’t yet determined.

The countersuit claims Wilson’s accusations attempt to intimidate the newspaper into publishing only material that is favorable to Wilson. It also says they “chill” the newspaper’s exercise of its First Amendment rights.

First elected to the district court bench in 1990, Wilson contends the newspaper libeled her when it published allegations that she read a paperback book during a 1993 trial.

“The statements are false because they were written and published without sources and were made up from whole cloth by (reporter) William Miller,” Wilson said in her 42-page lawsuit.

Wilson also claims the newspaper defamed her by listing her as a member of the “Druid Club” in an information box accompanying her campaign profile.

But she acknowledged in her court papers that she made the reference herself in an interview.

Her suit asks for about $100,000 - the difference between what she and other incumbent judges spent on the 1994 election campaign - and $50,000 for each of the 28 times the newspaper ran a story she deemed libelous.

Peck said the newspaper stands behind the stories and has more witnesses to back them up.

Swinton is preparing a motion asking a judge - yet to be picked - to dismiss Wilson’s libel suit and rule in favor of the countersuit.

He said it was the first time in at least 17 years that The Spokesman-Review has filed a countersuit against someone who has accused it of libel.

, DataTimes