Lawyer in Arlene’s Flowers case running against judge who ruled against her

The attorney who defended Arlene’s Flowers against accusations it discriminated against a gay couple filed to unseat the judge who ruled against her client.

Alicia Berry of the Kennewick firm Liebler, Connor, Berry & St. Hilarie has filed to unseat Judge Alexander Ekstrom for Pos. 3 on the Benton-Franklin Superior Court.

Berry was part of the legal team that represented Arlene’s and its owner, Barronelle Stutzman, when the state accused it of discrimination for refusing to provide flowers for a gay wedding. Ekstrom was the presiding judge.

Berry filed Friday, the final day to register to run for one of the federal, state and local offices up for election this year in Washington state. She said she withdrew from the Arlene’s case to run for election.

In February 2015, Ekstrom ruled Stutzman violated state law when she refused to provide services for a same-sex wedding, citing her deeply-held religious beliefs.

The case is on appeal to the Washington Supreme Court.

Berry did not directly reference the Arlene’s case in a statement announcing her candidacy. She did release a statement faulting courts for for “micromanaging the smallest details of our daily lives.”

She said she hadn’t considered pursuing a judicial role, but has grown frustrated by judicial activism.

“I feel like I can restore the integrity of the position,” she said.

Ekstrom was appointed to succeed Sal Mendoza on the bench in 2014 and won election to the current term in 2015. He declined to comment, citing rules of judicial conduct.

Judges may not comment on pending cases or made statements that suggest partiality of any kind, he said.

Ekstrom is not a stranger to a contested judicial race. He previously ran for Benton County District Court and lost a narrow race.

All seven positions on the Benton-Franklin bench are up for election in 2016.

Joe Burrowes of Richland and Sam Swanberg of Pasco are vying for Pos. 2, the seat being vacated by Judge Robert Swisher, who is retiring. The remaining six incumbents are unopposed.

This story was originally published May 20, 2016 at 5:57 PM with the headline "Lawyer in Arlene’s Flowers case running against judge who ruled against her."