Appointment process raises controversy
The Spokane legal community has been abuzz with talk about the Spokane County commissioners’ upcoming judicial appointment.
Commissioners get to choose who will fulfill the remaining two years of Judge Harold Clarke’s District Court term. Clarke was elected to the Spokane County Superior Court in November.
The controversy has been over the process they’ll use to do so.
Some attorneys have been critical of that process, saying that the appointment is already a done deal.
Commissioner Phil Harris, they say, has been pushing for his friend, local attorney Harvey Dunham, to be given the spot without conducting a Spokane County Bar poll on the candidates.
But the commissioners have instead decided to have a committee of lawyers and judges review 12 candidates and select five top choices.
Commissioners aren’t obligated to choose from those five, however.
None of the attorneys critical of the lack of a bar poll would go on the record with their complaints, but Spokane County Bar Association President Susan Troppmann confirmed she’s heard the grumblings.
The bar never heard back from the commissioners on its offer to conduct a poll.
“I’m assuming that our input, as far as the poll goes, is not being solicited,” Troppmann said.
Harris makes no bones about his support for Dunham, but adds that he doesn’t understand all the fuss.
“Political appointees are just that. You don’t have to answer to anybody,” Harris said, adding of Dunham, “If you look at all the applications without the names on them, he stands heads above the rest.”
Dunham has served as judge pro tem on the court for about seven years. He could not be reached for comment.
District Court judges are elected to four-year terms and hear cases such as traffic violations, small claims and misdemeanor cases.
Applicants for the opening range in experience from practicing attorneys to court commissioners and judge pro tems. Some have run for judicial positions or sought judicial appointments in the past.
But though brand new in their posts, County Commissioners Todd Mielke and Mark Richard didn’t sign off on Dunham.
“I know I’m just one of three votes, but I don’t believe it’s a fait accompli,” said Mielke.
Mielke pushed for a judicial review process. Although the commissioners won’t be conducting a poll as when filling previous vacancies, they are establishing a panel of past and present judges and lawyers to review the applicants’ qualifications.
Commissioners unanimously approved a committee consisting of the current and previous presidents of the Spokane County Bar Association, the Superior Court and District Court presiding judges and three attorneys or past judges, each appointed by a commissioner.
Harris selected attorney Frank Conklin, who has represented Harris in court. Mielke picked retired Judge James Murphy, and Richard chose attorney James Workland.
One possible complication is that two of those in the running for the district court vacancy have a recommendation or reference from a member of the review committee.
District Court presiding judge Mike Padden wrote a letter of recommendation for Dunham, and District Court Commissioner Virginia Rockwood listed Superior Court presiding judge Linda Tompkins as a reference.
Tompkins said that she is awaiting more information on the panel and won’t commit to joining it unless she can be sure her on-the-record support of Rockwood isn’t a conflict.
Padden said he’ll participate on the committee despite his recommendation of Dunham.
The commissioners knew about it, he said, adding, “They still asked me to participate.”