Crossler v. Hille

961 P.2d 327, 136 Wash. 2d 287, 14 I.E.R. Cas. (BNA) 794, 1998 Wash. LEXIS 588
CourtWashington Supreme Court
DecidedSeptember 3, 1998
DocketNo. 66415-3
StatusPublished
Cited by3 cases

This text of 961 P.2d 327 (Crossler v. Hille) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crossler v. Hille, 961 P.2d 327, 136 Wash. 2d 287, 14 I.E.R. Cas. (BNA) 794, 1998 Wash. LEXIS 588 (Wash. 1998).

Opinions

Johnson, J,

The United States District Court, Eastern District of Washington, certified the following question under RCW 2.60:

Is a district court judge bound by a county personnel handbook, approved by the county and previous district court judges, in her decision to terminate a district court clerk, when the judge has never personally adopted the terms of the handbook?

Order Granting Mot. to Certify to Washington State Supreme Court at 3 (Order). Short Answer: No.

[289]*289The certified question is very narrow in scope and limited by the record before us. We do not seek to make a broad statement concerning the law of employment relations between district court deputy clerks and judges because we understand the tasks performed by district court deputy clerks vary significantly throughout the state. We also realize employment relationships between district court deputy clerks and judges may differ from the relationship at issue in this question because the nature of the employment relationship often depends upon the size of the county, the size of the court, and the manner in which the judge and district court deputy clerk arrive at their respective positions. We refrain from addressing the wide range of possible employment relationships.

FACTS

From 1979 through 1992, plaintiff, Judy Crossler, worked as an Adams County employee. For two years, she worked in the Sheriffs office and, until 1992, for the Department of Public Works. Defendant, Adalia Hille, was appointed Adams County District Court Judge in 1992 and was elected to a four-year term in 1993. In 1992, Judge Hille hired Crossler as a district court deputy clerk.

In 1988, the Adams County personnel policy (Handbook) was adopted by the County Commissioners, the Prosecuting Attorney, the Auditor, the Treasurer, the Assessor, the County Clerk, the Superior Court, and the District Courts.1 The Handbook was signed by the County Commissioners, former Superior Court Judge Gordon Swyter, former District Court Judge Denis Morgan, and Othello District Court Judge Charlotte DuBois.2 The Handbook includes termination and discipline standards and procedures, and [290]*290specifically provides for a pretermination hearing between the employer and employee.

In 1988, while working for the Department of Public Works, Crossler received a copy of the Handbook. Crossler read and understood the contents of the Handbook. Crossler knew the Handbook had been signed by Judge Hille’s predecessors and she believed the Handbook applied to all Adams County employees, including those in the Adams County District Courts.

In 1997, Judge Hille terminated Crossler from her position as district court deputy clerk. Crossler requested a grievance hearing before the County Commissioners in accordance with the Handbook. The County Commissioners informed Crossler they had no authority to review Judge Hille’s employment decisions. In a letter dated March 24, 1997, the “County Commissioners told Crossler that employees of the Ritzville District Court are employees under the direct supervision and management of elected official Judge Hille and “their jurisdiction over the department is limited to wage and wage related matters and working conditions only.”

Crossler argues the Handbook governs the outcome of this case. Crossler alleges the Handbook created a contract of employment barring her termination for other than just cause and that any just cause termination must, by contract, be preceded by a termination hearing. Crossler contends the Handbook created a property right in her employment and that her termination, without a hearing, constituted a breach of contract and violated her right to due process under the Fourteenth Amendment of the United States Constitution. Crossler filed her action in the United States District Court, Eastern District of Washington, under 42 U.S.C § 1983. In the order granting the motion to certify the question to the Washington State Supreme Court, the Honorable Robert H. Whaley stated:

[T]he Court has concluded that an issue of fact exists as to [291]*291whether Judge Hille complied with the mandatory terms of the personnel policy. However, Defendants’ Motion for Summary Judgment will be granted if Judge Hille is not bound to comply with the terms of the policy.

Order at 2-3.

ANALYSIS

Although Crossler was hired by Judge Hille and was never an employee of Judge Hille’s predecessors, Crossler asks us to find the County Commissioners, former District Court Judge Morgan, and Othello District Court Judge DuBois have the authority to bind a sitting judge in the administration of his or her court. Such a finding would require us to deviate from prior case law and statutory authority.

Ability of Elected Officials to Create Binding Employment Contracts

A. Authority of District Court Judges

District court judges have the authority to prescribe the duties of district court deputy clerks. King County v. United Pac. Ins. Co., 72 Wn.2d 604, 611, 434 P.2d 554 (1967); RCW 3.54.020.3 Although a judge may individually perform all the necessary duties required to manage a court, a judge is entitled to hire additional employees to assist in a court’s administration, but this decision is “at his [or her] own choice and judgment.” King County, 72 Wn.2d at 609. The ability of a judge to make independent employment deci[292]*292sions has been discussed and decided. In King County, 72 Wn.2d at 611, we explained:

The history of the Justice Court Act legislation disclosed that originally the district justice court [judge] was to appoint his clerk and deputy clerks as required. This was amended so that the county commissioners were to make these appointments. Senate Journal, 37th Legislature (1961) at 790. This section was later vetoed by the Governor on the basis that the judiciary was a separate and independent branch of government and such appointments by the county commissioners might well interfere with the independent discharge of duties of the justice of the peace (district justice court judge). Senate Journal, 37th Legislature (1961) at 1211. These appointments, therefore, became the prerogative of the district justice court judge.

As appointees of the judge, clerks perform tasks as assigned and serve at the pleasure of the elected judge. In King County, we later stated:

But no place in said act does it appear (nor can it necessarily be inferred or implied) that the employment of such employees in any wise relieved the district justice court judge of his own responsibility for the proper conduct of the functions of his office. He might, but need not, employ such clerks as he deemed necessary under the exigencies of his office. He was given the privilege of prescribing the duties of such subordinates. This he did.

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Cite This Page — Counsel Stack

Bluebook (online)
961 P.2d 327, 136 Wash. 2d 287, 14 I.E.R. Cas. (BNA) 794, 1998 Wash. LEXIS 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crossler-v-hille-wash-1998.