Background
Seven Skagit County residents filed separate recall charges against Prosecuting Attorney Richard Weyrich and County Commissioners Ron Wesen, Peter Browning, and Lisa Janicki. The charges asserted that the officials failed to act on alleged defects in the oaths or oath filings of three judges, a district court commissioner, and deputy prosecuting attorneys.
The petitioners also alleged that salary payments to those officials were reportable losses of public funds, that the prosecutor’s office concealed oath-filing records, and that the elected officials failed to address unspecified election-law violations. Visiting superior court judges dismissed every charge as legally and factually insufficient and sanctioned six petitioners jointly and severally for $5,348.22, finding a coordinated and intentionally frivolous effort to harass the elected officials.
The Court’s Holding
The Washington Supreme Court affirmed. It held that none of the recall theories sufficiently alleged misfeasance, malfeasance, or a violation of oath by the prosecutor or commissioners. Late filing of an oath does not vacate an office; the judicial officers and deputies had taken oaths; and no law required the elected officials to enforce alleged oath-filing duties of other public servants or treat their offices as vacant.
The court also rejected the public-funds and hidden-oath theories. Officials who performed their duties under color of office were entitled to compensation, so no reportable loss occurred. The petitioners offered only inference, rather than factual knowledge, for the alleged suppression of records, and county commissioners lack authority to supervise an independently elected prosecutor. Jensen’s separate claim of selective enforcement against his tulip farm was not properly charged and could not be introduced as a new recall theory at the hearing. The court upheld sanctions and awarded the elected officials attorney fees on appeal.
Key Takeaways
- A recall charge must identify specific facts and law showing recallable misconduct by the targeted official.
- An alleged defect or delay in another official’s oath filing does not itself void that official’s office or acts.
- Recall proceedings are cost-free in ordinary cases, but bad-faith, intentionally frivolous petitions filed to harass may support sanctions and attorney fees.
Why It Matters
The decision reinforces that Washington’s recall process is broad but does not permit elections based on unsupported legal theories or claims against officials who lack authority over the alleged wrongdoing. It also confirms that coordinated recall filings may result in joint sanctions when the record supports a finding of bad-faith harassment.