Franklin County spent $74,000 on attorneys, experts. Commissioners reject the advice
Franklin County spent nearly $74,000 on attorneys and experts only to reject their advice in a voting rights lawsuit.
The county is in the middle of trying to overturn an agreement that would mean redrawing the commissioners district boundaries and changing how they are elected. A hearing on the issues is set for Oct. 11.
As part of the agreement, the attorneys representing the county conceded that the commissioner districts and how commissioners are elected don’t let the Latino-heavy areas pick the candidates of their choice.
The decision was based on work by attorneys John Safarli, Casey Bruner and Asti Gallina, as well as demographer Peter Morrison.
So far, the county has paid the attorneys about $41,000 and the expert has received about $32,000
Commissioner Clint Didier, one of the two commissioners who are looking to reverse the court order, said he wasn’t aware of the amount of money the county had spent on the case.
The commissioners don’t necessarily see all of the bills paid by the county, according to officials.
Didier didn’t agree with the outcome, saying he didn’t vote on it, and felt the attorney and expert were pushed on him.
According to a meeting notice obtained by the Herald, the commissioners were provided with an update by Prosecutor Shawn Sant days before the county filed documents stating the county was violating voting laws that protect minorities.
Commissioner Brad Peck has previously said he attended the same meetings as Didier and Commissioner Rocky Mullen, and that the presentation and information was clear.
The county initially hired John Safarli, with Seattle-based Floyd, Pflueger and Ringer. Safarli is one of the leading attorneys in the state on voting rights. He was responsible for defending Pasco during its lawsuit.
Safarli left the case in June after taking a leave of absence from his law practice.
Bruner, with Spokane-based Witherspoon Kelley, stepped in to replace him. The attorney used to work at the same firm as Safarli, and graduated in the top of his class.
He only graduated six years ago, Didier pointed out, saying he wanted a different attorney, but felt he got forced to accept this one.
Stepped aside
Bruner and Gallina have stepped away from the case now that the Benton County Prosecutor‘s Office has been handed the reins to handle the commissioners’ motion.
Sant had been in charge of handling the case, but it was turned over to Prosecutor Andy Miller after the commissioners decided they wanted to reverse the court order.
Benton County deputy prosecutors Ryan Lukson and Ryan Brown filed a motion to vacate the order, claiming their was some miscommunication or misunderstanding between Sant and the commissioners.
Once the motion is decided, Sant will take over overseeing the case again, but it’s unclear if Bruner and Gallina will return.
Motion to intervene
While that is being decided, a Franklin County Republican Party officer is trying to step into the case.
James Gimenez said he doesn’t want district lines to be “drawn on race-based lines” and to keep the at-large elections.
Gimenez, the son of two Hispanic immigrants, told commissioners on Sept. 14 that he finds the case confusing.
“I just don’t get it. Changing voting lines based on a perception of a group,” he said.
His attorney, Joel Ard, is arguing the state Voting Rights Act, which went into place in 2018, violates the state constitution and that the people bringing the suit “fail to allege that they are members of a race, color or language minority group.”
“Here, Franklin County refuses to seek the relief sought by Mr. Gimenez, despite the obvious and well-known flaws in the (Washington Voting Rights Act,)“ Ard wrote.
The attorneys for Gabriel Portugal, Brandon Morales and Jose Corral are asking for Gimenez’s part of the lawsuit to be limited and for him not to be able to argue about the validity of the case.
A judge will decide on Monday, Oct. 4, whether Gimenez can join the case.