Colby v. Yakima County

133 Wash. App. 386
CourtCourt of Appeals of Washington
DecidedJune 6, 2006
DocketNo. 24020-7-III
StatusPublished
Cited by6 cases

This text of 133 Wash. App. 386 (Colby v. Yakima County) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colby v. Yakima County, 133 Wash. App. 386 (Wash. Ct. App. 2006).

Opinion

¶1 George Wynn Colby is a former Yakima County District Court judge. He was required to resign his position pursuant to a stipulated agreement with the Washington State Commission on Judicial Conduct (Commission). Mr. Colby sued Yakima County (County) for failing to provide him with legal representation at public expense and to recover expenses he incurred while defending against the Commission’s disciplinary proceeding. The court granted summary judgment dismissal of the complaint. We affirm.

Kato, J.

¶2 Between 1997 and 1998, the Commission received several complaints that Mr. Colby had violated various canons of the Code of Judicial Conduct (CJC). During the Commission’s investigation, Mr. Colby contacted the County’s chief civil deputy prosecuting attorney, Ronald Zirkle, to request payment from the County for costs incurred in [389]*389defending against the disciplinary proceedings. The County refused to pay for his legal representation.

13 On November 30, 2000, Mr. Colby entered into a stipulated agreement and order of censure with the Commission. As part of the agreement, he stipulated to several CJC violations. He was further required to resign from his district court position.

¶4 Mr. Colby sued the County, claiming it had a legal obligation to provide him with representation in the judicial discipline proceeding at its expense. The trial court granted summary judgment dismissal so the County was not liable for expenses incurred by Mr. Colby in the disciplinary proceeding. This appeal follows.

¶5 We review an order of summary judgment de novo, applying the same standard as the trial court. City of Seattle v. Mighty Movers, Inc., 152 Wn.2d 343, 348, 96 P.3d 979 (2004). Summary judgment is appropriate “ ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.’ ” Id. (quoting CR 56(c)). Because the facts here are undisputed, our inquiry is whether summary judgment was properly granted as a matter of law. Id.

¶6 Mr. Colby claims he was entitled to legal representation at public expense in his judicial disciplinary proceeding. He argues the County was required by RCW 4.96.041 to provide him with a defense or defense costs.

¶7 Statutory and municipal code interpretation is a question of law. Eugster v. City of Spokane, 115 Wn. App. 740, 745, 63 P.3d 841 (2003). Our review is therefore de novo. State v. Keller, 143 Wn.2d 267, 276, 19 P.3d 1030 (2001), cert. denied, 534 U.S. 1130 (2002). “We must construe legislative enactments to carry out their manifest intent.” Eugster, 115 Wn. App. at 745 (citing City of Seattle v. Fontanilla, 128 Wn.2d 492, 498, 909 P.2d 1294 (1996)). The statute must be read as a whole, giving effect to all its [390]*390terms and harmonizing related provisions wherever possible. Id.

¶8 RCW 4.96.041(1) provides:

Whenever an action or proceeding for damages is brought against any past or present officer, employee, or volunteer of a local governmental entity of this state, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties, such officer, employee, or volunteer may request the local governmental entity to authorize the defense of the action or proceeding at the expense of the local governmental entity.

The local governmental entity may create a procedure to determine whether the acts or omissions were within the scope of official duties or in good faith purported to be within those duties. RCW 4.96.041(2). If they were, the request will be granted and the “necessary expenses of defending the action or proceeding shall be paid by the local governmental entity.” Id.

¶9 Chapter 2.98 of the Yakima County Code (YCC) is the Yakima indemnification policy implementing RCW 4.96-.041. YCC 2.98.030 states:

Whenever an action or proceeding for damages is brought against any officer, official, agent or employee of Yakima County where it has been determined by the prosecuting attorney that such action or proceeding arose from acts or omissions while performing or in good faith purporting to perform his or her official duties and when such officer, official, agent or employee has requested defense of the action or proceeding at the expense of the county, the board of county commissioners shall be deemed to have granted such a request. The necessary expenses of defending the action or proceeding by the prosecuting attorney shall be paid by the county and any final money judgment against said officer, official, agent or employee shall be paid by the county.

Clerk’s Papers (CP) at 206. This provision, however, is subject to the limitations of YCC 2.98.040, which expressly state “[Ilegal services will not be provided to officers or employees of the county to defend a charge of official mis[391]*391conduct or to defend the right to hold office. Official misconduct is not intended to include action taken in the good-faith belief that it is legally authorized or required.” CP at 207.

¶10 Mr. Colby argues that the term “action” in RCW 4.96.041 applies to proceedings initiated by the Commission. But when the statute and ordinance are read as a whole, both RCW 4.96.041 and YCC 2.98.040 plainly apply only to an action or proceeding for damages. A judicial disciplinary proceeding is not one for damages. See Const. art. IV, § 31(4).

¶11 Furthermore, YCC 2.98.040(c) specifically states that legal services will not be provided to defend a charge of official misconduct. The allegations against Mr. Colby that were investigated by the Commission involved violations of several canons of the CJC. The County’s prosecuting attorney determined Mr. Colby’s actions as alleged in the disciplinary proceeding were not in good faith performed within the scope of his judicial duties. Through its prosecuting attorney, the County had direct legislative authority to make this determination. RCW 4.96.041(2); see also YCC 2.98.030. It is not this court’s function to second-guess the prosecuting attorney’s determination following such delegation of legislative authority. See Aetna Life Ins. Co. v. Wash. Life & Disability Ins. Guar. Ass’n,

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Bluebook (online)
133 Wash. App. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colby-v-yakima-county-washctapp-2006.