City faces fight over courts

The Center for Justice is challenging the city of Spokane’s effort to have the legality of its Municipal Court system reviewed by the Washington Supreme Court.

The flurry of legal briefs to the state’s highest court follows a Nov. 8, 2007, ruling by the Washington Court of Appeals that invalidated the Spokane Municipal Court’s authority because its judges were not chosen solely by city voters.

The Center for Justice brought the challenge, which tossed out the DUI convictions of Henry E. Smith and Lawrence J. Rothwell – and threatened to lead to the release of more than 100 inmates of the Spokane County Jail and Geiger Corrections Center whose convictions through Dec. 31, 2006, were affected.

The city was unsuccessful in its motion for reconsideration and petitioned the state Supreme Court for review on Feb. 28.

The Supreme Court has told lawyers for both sides it will take up to 10 months to decide whether to take the case.

In a reply to the city’s brief filed March 18, Center for Justice attorney Breean Beggs argues that the Supreme Court should not review the Rothwell ruling because the decision is limited in scope to cases pending before the appeals court decision was published, and because the city of Spokane already is moving to change its court system to allow the election of municipal judges.

In the old system that didn’t pass legal muster, Spokane County voters weren’t told they were actually voting for Municipal Court judges as well as countywide District Court judges, the center says.

“Instead, elections were held for district court judges and then municipal court judges were chosen administratively by the District Court itself. This is not only contrary to law, but it limits the accountability of the Municipal Court to the people,” the brief says.

In an additional complication, the Legislature recently changed the law to allow cities and counties to do what Spokane was already doing: contract for judicial services without requiring an election. That also makes the Rothwell case no longer ripe for review by the high court, the Center for Justice argues.

Despite the change in state law, the city has petitioned Spokane County commissioners to change the system to allow for the election of up to four municipal judges by city voters, said City Attorney Jim Craven. “If they approve, this moves ahead,” Craven said Tuesday.

The issue has been heard by a District Court commissioning panel, which recently approved the election of Municipal Court judges. A hearing on the new court districting plan is scheduled April 10 at the Public Works Building.

Spokane Mayor Mary Verner would appoint the Municipal Court judges from judges now serving on the District Court bench, and they would be on the ballot at the next regularly scheduled election, Craven said.