Washington Supreme Court hears oral arguments in CFJ case challenging propriety of Spokane District Court judge’s decision to hear and rule on municipal cases.
TVW has now solved technical problems so that internet viewers can now watch last Thursday’s oral arguments before the Washington Supreme Court in the case of City of Spokane v. Lawrence J. Rothwell and Henry E. Smith.
On behalf of Rothwell and Smith, the Center for Justice contends that the Judge who heard their cases and presided over their convictions–Spokane District Court Judge Patti Walker–was ineligible to exercise jurisdiction. Although Judge Walker was elected in 2002 to her district court seat, the Center argues that state law required that Walker and other judges who hear municipal court cases be properly elected solely by city voters.
While a superior court judge upheld Walker’s jurisdiction, a state Third District Court of Appeals disagreed and, in a November, 2007, decision reversed the convictions.
In last Thursday’s arguments, the Center’s Breean Beggs appeared on behalf of Rothwell and Smith while attorney Charles K. Wiggins of Wiggins and Masters argued on behalf of the City.
The Center’s written brief in the case is available here.
The City’s brief is here.
The appeal court’s reversal in the Rothwell and Smith cases prompted Spokane Mayor Mary Verner to announce on December 21, 2007 that she had tasked the Spokane City Attorney’s office to establish a municipal department of the Spokane County District Court that would include judges elected exclusively by City of Spokane voters. The department now exists.
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