Our Voice: Bickering between Franklin County judges and clerk must end

A power struggle between seven Tri-City judges and Franklin County Clerk Michael Killian appears to have been simmering long before their dispute over a paperless records system went public.

At least, that’s what it looks like to those of us on the sidelines.

If the problem only involved the judges and the county clerk, it would be unfortunate. But the situation turned shameful when the judges decided to sue Killian to try and force his compliance.

That move meant Franklin County taxpayers would pay legal fees for both sides of the lawsuit, and that’s not right.

Recent developments indicate personalities — rather than the specific details of the dispute — may be the root cause of the disagreement. If that is the case, going to court might result in a win for one side, but it won’t fix the relationship between the judges and Killian.

A letter written by Superior Court Judge Bruce Spanner to the Washington State Association of County Clerks said that the judges don’t have a problem with the Odyssey paperless program, but that “there is a clerk problem.”

Franklin County deserves better than this kind of animosity among elected leaders.

The feud flared when Killian decided at the beginning of the year to forego maintaining physical folders and embrace the Odyssey system. He had warned the judges that’s what he was planning since the digital program is cheaper and more efficient.

But the judges want the clerk’s office to continue to keep hard copies as a backup to the digital files. In March, they sued to force Killian to obey their wishes.

After Franklin County commissioners balked at paying the legal fees from the county suing itself, it appeared a compromise had been reached.

Killian last month agreed to provide paper copies of court records when judges asked for them, and in exchange the lawsuit against him would be dropped.

It seemed like a reasonable compromise, and there was every indication to think the issue was resolved. In fact, Franklin County Prosecutor Shawn Sant was under that impression when he revoked the status of the attorney assigned to the judges.

But then the judges turned around and hired that attorney back so the lawsuit could continue.

To add to the mess, Sant since has asked the state Supreme Court to review whether the judges had authority to make such an appointment — especially when it serves their own interests.

The county clerk’s job is described in state statutes, but judges traditionally take the position that they alone run the justice system. With the clerk and the judges independently elected to office, who is in charge is the question that needs answered.

We would prefer it if Killian and judges could work out their differences without going to court and wasting taxpayer money on a power struggle. Judges refer people to mediation services all the time, so they must know its value.

They all should consider it.

This story was originally published June 15, 2018 at 5:22 AM with the headline "Our Voice: Bickering between Franklin County judges and clerk must end."