Tri-Cities judge rejects moving Latino voter discrimination case to Olympia
The decision on how Franklin County commissioners are elected will be made in Franklin County.
Judge Cameron Mitchell rejected an attempt to move the case from Pasco to Olympia saying judges are trained and swear an oath to be impartial, noting the case would be decided by a judge rather than a jury.
“When looking at all of the information that has been presented today, I think there are some valid arguments made regarding the circumstances and just having to live in the counties, etc.,” Mitchell said.
“I don’t think that those concerns rise to the level where this court can find that there’s reason to believe that there cannot be a fair impartial trial, or the perception of a fair and impartial trial in Franklin County.”
The UCLA Voting Rights Project attorneys were looking to move the case out of the county. They said a combination of political influence, fear of retaliation and publicity could make the public question whether it was a fair trial.
The attorneys plan to review the decision once it is released, and then consider their options, attorney Sonni Waknin said.
They represent three Pasco members of the League of United Latin American Citizens, who believe there are flaws in both how the commissioner districts are drawn and how commissioners are elected. The flaws stop Latinos from being able to pick a candidate of their choice.
Chad Dunn, the lead attorney with the UCLA Voting Rights Project, pointed out this is the second case to be tried under the 2018 state law. The first, in Yakima County, resulted in a settlement.
The attorneys believed from early talks with the Franklin County’s attorneys the concerns could be resolved as quickly. They did not expect the protracted fight with the county that has involved the county taking back an initial settlement plan.
“I doubt anybody can look at the procedural history of this case and think it was normal,” Dunn said. “There’s been quite a number of abnormalities throughout the process, including the fact that the defendant has filed an expert report that agrees with the plaintiff’s expert report.”
Dunn said the public might perceive a local judge’s decision to be influenced by local politics.
He pointed out that the results of their elections could be used as evidence. The judges also have to run for reelection, so they have knowledge of the electorate that may influence their decisions.
He said Thurston County would be better because it’s often relied on for questions about the constitutionality of Washington state laws.
Franklin County’s argument
Brittany Ward, the attorney representing the county, argued if they wanted the case to be tried in another county, they should have filed the original case in another county, such as Walla Walla or Columbia.
By trying to move the case to Thurston County, she argued they were trying to sidestep what the Legislature intended. And she argued they were trying to move the case to a less conservative county.
“These types of attacks on the bench ... the plaintiffs make a very bold, very unsupported statement that every single judge in Franklin County is Republican,” Ward said. “What they’re saying is, ‘We’d like to go to a less conservative, at least allegedly less conservative venue.’”
Ward said the other attorneys didn’t provide any evidence that all the judges are Republican, and that they aren’t able to uphold their oath of office.
Judges can face sanctions for exercising partisan politics as part of rulings or their conduct, Ward said.
“It is also extremely offensive to suggest that the commissioners are involved in some sort of witness tampering ... in Franklin County,” she said. “They’ve suggested that there is a fear of retaliation and we cannot have honest testimony in this case. Well, they offer no proof of that.”
This story was originally published December 14, 2021 at 5:00 AM.