Court rules against adding county judge

OLYMPIA – Spokane City Prosecutor Howard Delaney could have a sixth sense, become a member of the fourth estate, or cheer on the Seahawks as a 12th Man.

But – at least for now – Delaney cannot be Spokane County District Court’s 10th judge.

That was the decision Thursday from Washington’s highest court, which unanimously rejected Delaney’s bid to run for a judge’s position that Spokane County commissioners say doesn’t exist.

And although state lawmakers in 2002 upped the number of district court judgeships in Spokane to 10, the state Supreme Court ruled unanimously that ultimately it’s up to the county to follow through and establish the job.

“I accept their decision,” Delaney said. “They’re the Supreme Court.”

By filing the case last year, he said, he was hoping to clarify what seemed like a murky issue: whether Spokane was supposed to have nine district-court judges or 10.

Lawmakers’ 2002 decision to add a judge was based on lobbying by local judges and then-County Commissioner Kate McCaslin, who said the county needed one and was willing to fund the position.

No problem, said the Legislature, which rewrote state law to say that the number of district court judges in Spokane County “shall be” 10.

But the county commissioners subsequently decided to “recognize” the additional judgeship but not to “formally establish … or fund … the position.” The county estimates that it would cost nearly $1.3 million for a new courtroom, equipment and staff salaries.

Last year, when Delaney tried to run for the 10th judgeship, county election officials wouldn’t let him file as a candidate, saying there was no such job.

To force the issue, he filed a writ of mandamus, which asked a court to order the county to establish and pay for the position. In essence, he and his attorney, Tracy Staab, were arguing that “shall be” 10 in state law meant exactly that.

But it’s not that simple, the high court ruled Thursday, citing 1992 changes in the law. For the extra judgeship to be established, Justice Susan Owens wrote for the court, county officials must also agree and pay for the new slot.

“We … hold that the board did not create the additional position … ,” Owens wrote.

Delaney said Thursday afternoon that he has no immediate plans to run for any of the other nine district-court judgeships.

“I wanted to get the legal question answered,” he said. “Now that it’s been answered, I’m really happy with the job that I do now.”