Council rebuffs mayor on District Court withdrawal

Spokane Mayor Jim West’s move to withdraw the city from District Court has been dealt a setback by a City Council that’s becoming increasingly independent of the mayor.

Council members said they are concerned about the cost of creating a separate municipal court to handle misdemeanors, infractions and traffic violations at a time of budget crisis.

“I don’t favor splitting up the court system,” said Councilwoman Cherie Rodgers after the council voted 4-3 Monday against West’s attempt to force a breakup of the city-county court.

Rodgers is a chief critic of the mayor, who is facing a recall election Dec. 6 for misusing his office to solicit personal relationships. The council voted unanimously last spring for the West to step down.

On the court issue, Rodgers said she prefers the cooperative arrangement that dates to the early 1960s, in which Spokane County manages the city’s municipal court as part of District Court. Rodgers cited a consultant study several years ago which recommended more city-county cooperation, not less. Voters in 1999 rejected a separate municipal court.

West earlier this year won council support for a withdrawal in 2007 by arguing the city could save money, especially on judicial salaries, by forming its own municipal court. The city then filed a lawsuit in Superior Court asking for a determination on whether the city or county would handle an estimated 1,000 cases that would be active at the time of withdrawal.

Visiting Judge Rebecca Baker, of Ferry, Stevens and Pend Oreille counties, ruled against the city, saying it had not complied with state law and had excluded District Court judges from the withdrawal agreement.

City officials told council they were appealing Baker’s ruling, and asking for an expedited state Supreme Court review, Rodgers said.

However, the city was also obligated to pay half the cost of an attorney to represent the District Court judges. City Attorney Howard Delaney submitted a request for $25,000 to hire attorney Carl Hueber to provide representation for the judges in the appeal. The county was to pay another $25,000 for a total of $50,000.

Council members voted 4-3 against the contract. Rodgers was joined by council members Bob Apple, Al French and Mary Verner in rejecting the contract. Rodgers said the city should not spend money on an appeal when it is facing cuts in police, fire and library services.

Marlene Feist, spokeswoman for the mayor and city administration, said the mayor and city attorney would not move ahead on the appeal without council support.

Rodgers said, “I consider this a defeat for the mayor.”