Campaign Tests Conviction Man Challenges Ruling That He Can’T Be Judge

A Spokane Valley lawyer convicted of welfare fraud has until today to voluntarily remove his name from the general election ballot for a judge’s position.

If Brad Plumb doesn’t withdraw his candidacy for the $96,000-a-year District Court job, the county prosecutor’s office or any voter could seek a court order forcing the action.

“I’m not going to voluntarily take my name off the ballot because the good people of Spokane County want me in that position,” Plumb said Wednesday.

His name is on the ballot because it wasn’t removed from voter registration rolls after he was convicted in 1993 of fraudulently collecting $7,096 in welfare.

He was suspended from the practice of law for three years because the crime, a felony, involved moral turpitude.

“Plumb’s crime of dishonesty requires a sanction greater than interim suspension,” the Washington Supreme Court ruled. A hearing officer had recommended that Plumb be disbarred.

He was allowed to resume practicing law on May 17, 1996, and currently has an office in the Valley.

Plumb said he was under the belief that his civil rights had been restored, but he couldn’t offer proof of that Wednesday. Convicted felons can’t hold public office or vote unless their civil rights are restored.

“I had no idea that there is a skeleton in my closet that needs to be corrected,” said the 42-year-old lawyer and father of eight children.

But court records show that on Dec. 30, 1996, Superior Court Judge James Murphy issued an order saying Plumb “is not entitled to the restoration of his civil rights or discharge” from his felony conviction.

Plumb said he sent his legal assistant to the county courthouse on Wednesday, but they were unable to locate the court file of his welfare conviction. He said he believes “there may be shenanigans going on” by people opposed to his candidacy.

“I believe there has been a mistake created in my court file to put a glitch in the restoration of civil rights,” Plumb said.

County Elections Supervisor Tom Wilbur said Plumb’s name got on the ballot for the Nov. 3 general election because of an oversight that no longer exists.

Courts are now required to instruct elections offices to remove the names of people convicted of felonies from lists of registered voters.

Plumb, who is running against incumbent Mike Padden, said he should have been told about the problem when he filed for the judge’s position. He paid a nonrefundable $960 registration fee an hour before the filing period closed on July 31.

When election workers checked voter registration rolls, they saw Plumb was on the list.

“We’ve received nothing from anybody on this, challenging this candidacy,” Wilbur said.

Wilbur said Plumb could voluntarily withdraw, but must do so by 5 p.m. today.

Failing that, only a court order would remove Plumb’s name from the ballot, Wilbur said.

County Prosecutor Jim Sweetser said his office is monitoring the matter, but won’t act immediately.

His chief civil deputy, Jim Emacio, said any registered Spokane County voter could initiate action to remove Plumb’s name from the ballot. The deadline is Sept. 28.

Padden declined to comment on the controversy.