Benton commissioners want Superior Court judges to explain letter

Benton County commissioners have a fresh outlet to vent frustration over frayed relations with their Franklin County peers — the seven members of the Benton-Franklin Superior Court bench.

Commissioners Shon Small, Jerome Delvin and Jim Beaver spent more than 20 minutes of their regularly scheduled meeting Tuesday grilling Judge Cameron Mitchell about a Feb. 3 letter in which the judges voiced united opposition to splitting the Benton-Franklin judicial district.

Benton County maintains it has been subsidizing Franklin County’s share of administrative costs by more than $660,000 for the court and other joint services.

Only the Washington Legislature can split the court. And with no bills pending this session, the issue is moot.

But the issue of one county subsidizing the other continues to consume the commission’s attention.

Franklin County commissioners have said they want a third party to verify the alleged subsidy, but also maintain they stand ready to pay their full share of court-related costs.

Last week’s judicial letter, written on the court’s letterhead, says dividing the bicounty court will undermine justice and cost taxpayers, among other concerns. It was copied to members of the Franklin County Commission, but not addressed directly to them.

The move rankled Benton County’s elected leaders with its suggestion they bear a majority of the responsibility for the breakdown. In response, the commission asked the judges to send a member to Tuesday’s meeting to explain the letter, which it said contained “inconsistencies.”

With presiding Judge Robert Swisher scheduled to hear a case in Franklin County on Tuesday morning, the task fell to Judge Mitchell, who participated from Kennewick by teleconference.

Beaver said the letter speaks to a breakdown between county commissioners and the court.

“This letter in my mind doesn’t demonstrate the type of cooperation we should be having,” he said, later adding, “I’m mad.”

The impassioned commissioners peppered Mitchell with questions and frequently irrelevant observations. Beaver, for instance, veered off topic to complain that the city of Kennewick never asked how it could help his business before he joined the city council.

When Mitchell was given an opportunity to respond, he promised to investigate alleged inaccuracies and acknowledged it is the proper role of the commission to review court administration.

“Relations can always be improved,” he said.

In an attempt to lower the temperature of the conversation, Delvin acknowledged that no one expected Mitchell to come prepared to answer pointed questions.

“I know you got thrown into the briar patch,” Delvin told Mitchell.

Delvin challenged what he called the letter’s inconsistencies.

For instance, the letter said judges are “aware” that Delvin has claimed one or more judges support dividing the court. Delvin angrily said he’s never made such a statement and demanded the source of the information.

“Where did that come from? I never said that,” he said.

He also challenged the letter’s assertion that Benton County has “proposed legislation to divide” the Benton-Franklin counties judicial district.

Delvin said that’s inaccurate.

Rather, he said he merely asked Sen. Mike Hewitt, R.-Walla Walla, about introducing such legislation. Hewitt agreed, but only if four of the six commissioners in the two counties signed on. With all three Franklin commissioners in firm opposition, the legislative idea was dead even after Delvin confirmed to the Tri-City Herald that he had discussed the matter with Hewitt.

“Someone’s out there instigating the whole thing,” he complained.

As Tuesday’s meeting grew more heated, Beaver, Delvin and Small voiced frustration that they’re being cast as villains in a bicounty meltdown they say rests with a lack of communication from the other side of the river. The commissioners insisted they are merely being attentive stewards of the county’s resources.

“We’re talking about the inequity of taxpayers paying someone else’s freight,” Beaver said.

Small said communications with Franklin County are at a standstill.

“We’re at a point where we have to send certified letters to all three commissioners,” he said.

After the meeting, Small defended the commission’s aggressive posture with Mitchell.

“We’re passionate individuals,” he said, adding that he doesn’t expect the arguing to continue.

He said he intended to phone Judge Mitchell later in the day to express condolences on the recent death of his father and to discuss Tuesday morning’s encounter.

“Judge Mitchel is a phenomenal judge,” he said.

Benton-Franklin relations have been eroding since at least 2014 when the two counties first discussed their joint human services operations. In June 2015, Benton County notified Franklin County by letter that it was ending an agreement to administer the joint public defense office, which provides attorneys to indigent defendants.

Benton County cited the increasing demand for public defenders for the need to split with Franklin County. Franklin County failed to respond to the letter, and the joint operation ended in December. It permanently dissolved in January when the two counties failed to negotiate an extension.

The debate has turned to the Superior Court, which has operated together since 1951 and as part of a larger group of counties since Washington statehood.

Under the arrangement, the state pays a portion of the cost of salaries of the seven judges. The judges, along with bailiffs and court stenographers, move freely between the two counties, as assigned by a bicounty administrator. Each county has its own courtrooms, prosecutors, clerks and computer systems.

This story was originally published February 9, 2016 at 6:54 PM with the headline "Benton commissioners want Superior Court judges to explain letter."