FILE THIS OPINION WAS FILED FOR RECORD AT 8 A.M. ON FEBRUARY 26, 2026 IN CLERK’S OFFICE SUPREME COURT, STATE OF WASHINGTON FEBRUARY 26, 2026 SARAH R. PENDLETON SUPREME COURT CLERK
IN THE SUPREME COURT OF THE STATE OF WASHINGTON
) In the Matter of the Recall of ) No. 103800-3 ) EMILY CLOUSE, ) ) EN BANC Thurston County Commissioner, ) District 5. ) Filed: February 26, 2026 ______________________________ )
MONTOYA-LEWIS, J. *—Arthur West filed a recall petition against
Thurston County Commissioner Emily Clouse. In his petition, he alleges Clouse
committed a recallable offense by hiring an individual as her assistant despite having
a personal relationship with the person. West also alleges that while engaged in the
personal relationship, Clouse accepted money and some gifts from the individual
and did not provide repayment. We conclude that none of the charges are both
factually and legally sufficient. Therefore, we affirm the trial court’s decision
to dismiss the petition.
* I would like to thank my extern, Meg Sayre-Salvo, for her assistance in drafting this opinion. In re Recall of Clouse No. 103800-3
FACTUAL BACKGROUND
Clouse is an elected county commissioner in Thurston County, Washington.
Clouse hired as her subordinate an unidentified person with whom she had
a preexisting personal, intimate relationship. Clouse alleged that her previous hire
“had not met her performance expectations” and that she “wanted to hire someone
whom she already knew and whom she believed could perform the job duties.”
Clerk’s Papers (CP) at 27. Prior to hiring the individual, Clouse reviewed the
Thurston County policies regarding nepotism and conflicts of interest and found
no restrictions related to dating another individual at work, including subordinates.
Clouse and the employee both claimed they kept their professional relationship
separate from their personal relationship while together. They ended their personal
relationship about a month after the employee was hired, but they continued to work
together until Clouse terminated the employee in July 2024.
Following the termination, the county appointed a third-party investigator
who determined that during their personal relationship, Clouse and the employee
had discussed Clouse’s desire to visit Japan, and the employee sent her $1,500 for
a plane ticket to travel there. The investigator was unable to determine if this was
intended to be a loan or a gift, as the parties disagreed. The employee also transferred
$50 to Clouse for gas on one occasion; he did not ask for repayment, and Clouse
did not repay him. Additionally, the employee occasionally bought Clouse coffee,
2 In re Recall of Clouse No. 103800-3
food, and gifts while they were engaged in a personal relationship, and she did not
reimburse him. The investigator also found that the employee “did not identify
any statement or action by [Clouse] that directly or indirectly suggested that
any aspect of his job . . . was dependent on or otherwise tied to any . . . relationship
or conduct with her.” Id. at 37.
PROCEDURAL HISTORY
West is a registered voter in Thurston County. West filed a statement
of charges, requesting a recall of Clouse. The prosecutor’s office filed a petition and
ballot synopsis alleging “that Emily Clouse, as Thurston County Commissioner,
committed misfeasance, malfeasance, and/or violated her oath of office.” Id. at 57.
Charges one and two, as amended by the trial court, alleged Clouse had “selected
for employment as her subordinate” an individual with whom she had a personal
relationship, continued the relationship after hiring him, and accepted $1,550 and
other items “from the employee for her personal use without identifying whether she
needed to repay the employee.” Id. at 101 (underline omitted). Charges three, four,
and five alleged she benefited from the relationship while creating a risk for the
county, failed to proactively limit that risk, and acted in a manner inconsistent with
the behavioral requirements of the county’s “Ethics and Conflict of Interest Policy”
and “Employee Conduct Statement.”
3 In re Recall of Clouse No. 103800-3
The trial court concluded charges three, four, and five were factually
insufficient because they failed “to include any specific acts, dates, or times” and
could not “be reasonably corrected from the materials” supplied with the petition.
Id. at 102. The trial court amended charges one and two, adding specific dates and
rephrasing the charges, and deemed them factually sufficient with the added
specificity.
As to the legal sufficiency of charges one and two, the trial court
found that the petition did not include an allegation of the legal standard, rule, or
law Clouse violated, a requisite to a finding of legal sufficiency. The trial court
further concluded charges one and two relied “upon an appearance of
impropriety without explaining ‘how this relationship constituted misfeasance,
malfeasance, or a violation of the oath of office’” and failed to explain the duty
carried out in an improper manner. Id. at 105 (quoting In re Recall of Bolt,
177 Wn.2d 168, 181, 298 P.3d 710 (2013)). Therefore, the trial court found any
alleged benefits did not rise to the level of substantial conduct clearly amounting to
misfeasance, malfeasance, or a violation of the oath of office and the charges were
not legally sufficient. Accordingly, the trial court dismissed the petition for recall.
West appealed.
4 In re Recall of Clouse No. 103800-3
ANALYSIS
Washington voters have a constitutional right to petition to recall an elected
official who has “committed some act or acts of malfeasance or misfeasance while
in office, or who has violated [their] oath of office.” WASH. CONST. art. I, § 33.
“It is up to the voters to determine whether the charges are true and,
if so, whether they in fact justify recalling the official.” In re Recall of Durkan,
196 Wn.2d 652, 663, 476 P.3d 1042 (2020). But, before a recall petition can be put
before the voters, the court must evaluate the sufficiency of the charges.
RCW 29A.56.140. In a recall proceeding, the court acts as a gatekeeper to ensure
elected officials are not subjected to frivolous, harassing, or unsubstantiated charges.
In re Recall of West, 155 Wn.2d 659, 662, 121 P.3d 1190 (2005). Though the court
does not evaluate the truthfulness of the charges, it must evaluate their sufficiency.
RCW 29A.56.140.
An elected official can be recalled only for cause, which means
the petition must be both factually and legally sufficient. In re Recall of Inslee,
194 Wn.2d 563, 567, 451 P.3d 305 (2019). If a charge fails one prong—factual or
legal sufficiency—it is insufficient. See In re Recall of Kast,
144 Wn.2d 807, 816-19, 31 P.3d 677 (2001) (dismissing a charge that was factually
sufficient but legally insufficient). This court reviews a recall petition’s factual and
5 In re Recall of Clouse No. 103800-3
legal sufficiency de novo. In re Recall of Wasson, 149 Wn.2d 787, 791, 72 P.3d 170
(2003).
A recall petition is factually sufficient if it states the “acts or failure
to act which without justification would constitute a prima facie showing
of misfeasance, malfeasance, or a violation of the oath of office.” Chandler v. Otto,
103 Wn.2d 268, 274, 693 P.2d 71 (1984). Factual sufficiency requires that
the petition provide specific details, including the date, location, and nature
of the alleged act(s). RCW 29A.56.110.
A recall petition is legally sufficient if it states with specificity
“substantial conduct clearly amounting to misfeasance, malfeasance or violation
of the oath of office.” Chandler, 103 Wn.2d at 274. “To establish legal sufficiency,
petitioners must identify the ‘standard, law, or rule that would make the officer’s
conduct wrongful, improper, or unlawful.’” Bolt, 177 Wn.2d at 174 (quoting
In re Recall of Ackerson, 143 Wn.2d 366, 377, 20 P.3d 930 (2001)).
For the purpose of recall, a finding of misfeasance or malfeasance requires
a demonstration not only of wrongful conduct—whether through the
improper performance of a duty or through an unlawful act—but also
that the wrongful conduct “affect[ed], interrupt[ed], or interfere[d] with the
performance of official duty.” RCW 29A.56.110(1). A finding of a violation
of the oath of office requires a failure by the elected individual to “perform faithfully
6 In re Recall of Clouse No. 103800-3
a duty imposed by law.” RCW 29A.56.110(2). If a recall charge is based on acts
taken pursuant to an official’s discretionary authority, the petition must show
that “the official exercised discretion in a manifestly unreasonable manner.”
In re Recall of Shipman, 125 Wn.2d 683, 685, 886 P.2d 1127 (1995). “A legally
cognizable justification for an official’s conduct renders a recall charge insufficient.”
In re Recall of Pearsall-Stipek, 136 Wn.2d 255, 264, 961 P.2d 343 (1998). Both
factual and legal sufficiency are required for a recall petition to proceed to the voters.
I. Factual Sufficiency
West argues that the trial court erred in dismissing the recall petition because
the charges were factually sufficient. Charges three and four refer to a vague,
undefined benefit received by Clouse because of the personal relationship with the
employee and suggest that she increased the risk of an adverse employment claim
and failed to limit such risk to the county. Charge five alleges that her general
conduct was inconsistent with behavioral requirements and expectations included
in Thurston County policy. None of those charges contain dates, locations, or
specific acts. They are, therefore, factually insufficient. RCW 29A.56.110.
Charges one and two, however, as amended by the trial court, both include
specific acts taken by Clouse. Charge one highlights the acts of selecting
for employment and continuing to employ as her subordinate someone with whom
she had a personal relationship. Charge two describes the act of accepting a specific
7 In re Recall of Clouse No. 103800-3
quantity of money from the subordinate employee for personal use without
clarifying whether she needed to repay the employee. Additionally, the trial court
was able to supply dates for those actions in amended charges one and two. Both
charges contain sufficient specificity of time and acts to allow for an evaluation
of whether the acts constitute a prima facie showing of misfeasance, malfeasance,
or a violation of the oath of office. RCW 29A.56.110. The trial court, therefore,
correctly determined that charges one and two are factually sufficient.
However, both factual and legal sufficiency are required to progress on
a recall petition. Inslee, 194 Wn.2d at 567. Therefore, we must also evaluate charges
one and two for legal sufficiency. Id.
II. Legal Sufficiency
Charges one and two are not legally sufficient because they fail to (1) identify
a standard that renders Clouse’s conduct wrongful, (2) show her conduct was
manifestly unreasonable, or (3) state how her conduct affected her performance
of official duties. With these key pieces of information missing from the charges,
a voter would not have enough information to make an informed evaluation
as to whether Clouse’s conduct amounts to misfeasance, malfeasance, or a violation
of the oath of office. While it may have been ill advised to hire someone with whom
she had a personal relationship, West has failed to identify how Clouse’s actions rise
to the level of a recallable offense under RCW 29A.56.110.
8 In re Recall of Clouse No. 103800-3
First, West fails to identify the requisite standard, law, or rule that would
establish Clouse’s conduct in charges one and two as wrongful, improper, or
unlawful. Bolt, 177 Wn.2d at 174. On their face, neither charge references any
standard, law, or rule at all. While the sufficiency of the charge must be determined
from the face of the petition, we have at times looked beyond the charges—to
the supporting documentation—when evaluating whether the charges are
factually sufficient. In re Recall of Zufelt, 112 Wn.2d 906, 914, 774 P.2d 1223
(1989); West, 155 Wn.2d at 663. Construing the requirements of the recall statutes
in favor of the voter, we will consider the supporting documentation to evaluate the
legal sufficiency in this instance. West, 155 Wn.2d at 663 (“Technical violations
of the governing statutes are not fatal so long as the charges, read as a whole, give
the elected official enough information to respond to the charges and the voters
enough information to evaluate them.”). Even given the most generous reading
of the petition and supplemental material here, West’s petition fails to give sufficient
notice of the legal grounds for recall.
The petition does reference, in passing, the county Ethics and Conflict of
Interest Policy and the Employee Conduct Statement, and the supplemental
investigative report includes excerpts of these policies. However, the inclusion of
supplemental materials vaguely referencing policies does not make the charges
sufficient when the petition fails to parse through the supplemental material to
9 In re Recall of Clouse No. 103800-3
“clearly identify the legal violations and the facts that support those violations,” as
required by the recall statute. Wasson, 149 Wn.2d at 792. Here, neither the petition
nor the supplemental report offers any explanation as to which provision of the
policies Clouse’s conduct allegedly violated or how Clouse’s conduct violated the
policies. See West, 155 Wn.2d at 667 (a recall petition must give fair notice of the
charges). Even considering the documents that supplement the recall petition,
these charges are still not “specific enough to give the elected official meaningful
notice of the particular conduct challenged and why it is grounds for recall.”
In re Recall of Boldt, 187 Wn.2d 542, 549, 386 P.3d 1104 (2017).
West relies heavily on In re Recall of West to support his legal sufficiency
argument. 155 Wn.2d 659. He suggests the charges in West are “legally analogous”
to the charges here because they relate to an inappropriate relationship that affected
the performance of an official duty. Appellant’s Opening Br. at 21. However, there
is a key difference between West and this case: in West, this court held that “[t]he
charge raise[d] the inference that Mayor West sought to capitalize on his elected
office and influence in order to pursue a sexual relationship with a young person.”
155 Wn.2d at 667. The mayor’s act of offering an internship to an 18-year-old high
school student in exchange for a potential sexual relationship was of a quid pro quo
nature. See id. In contrast, here, Clouse’s personal relationship with the individual
predated their professional relationship, and nothing suggested his job was
10 In re Recall of Clouse No. 103800-3
dependent on any relationship or conduct with Clouse. This petition does not allege
a quid pro quo relationship to Clouse’s benefit like in West.
A recall petition must identify the standard, rule, or law that would
make the elected official’s conduct wrongful, improper, or unlawful. Bolt,
177 Wn.2d at 174. Simply stating that the acts were wrongful conduct is
not sufficient. The mere appearance of impropriety caused by Clouse’s preexisting
personal relationship with and acceptance of money from the subordinate does not,
on its own, rise to the level of misfeasance, malfeasance, or a violation of the oath
of office. See Bolt, 177 Wn.2d at 181 (holding that creation of the appearance
of conflict of interest and unfairness due to a close personal relationship between
two officials was legally insufficient without explanation of how the relationship
constituted misfeasance, malfeasance, or a violation of the oath of office). Without
explanation of why the conduct constituted misfeasance, malfeasance, or a violation
of the oath of office, charges one and two are legally insufficient.
Second, although Clouse’s conduct in hiring and continuing to employ the
employee constitutes the exercise of discretionary authority, the petition does not
show her behavior was manifestly unreasonable. Shipman, 125 Wn.2d at 685.
Accepting money from a subordinate employee is not an act of discretionary
authority as it is unrelated to Clouse’s duties. However, hiring and continuing
to employ a subordinate with whom Clouse had a personal relationship is
11 In re Recall of Clouse No. 103800-3
a discretionary act of a county commissioner. But, even if ill advised, Clouse’s
exercise of her discretion in hiring the employee with whom she had an existing
personal relationship and in continuing to engage in the relationship with
the employee as her subordinate is not manifestly unreasonable, nor was
it prohibited by the county’s own policies.
An exercise of discretion for untenable grounds or for untenable reasons
is an abuse of discretion. Inslee, 194 Wn.2d at 572. But here, there are tenable
grounds on which Clouse may have chosen to employ the individual: the position
already existed and was open, Clouse was looking for someone she already knew
could perform the job duties, there are no allegations this individual was not
qualified or competent to perform in that role, and Clouse consulted
Thurston County policies regarding nepotism and conflicts of interest and confirmed
dating within in the workplace was not prohibited. In contrast to West, where there
was no legally cognizable justification for the quid pro quo sexual proposition of an
18-year-old high school student in exchange for an internship offer at issue, there
were tenable grounds for Clouse’s action. 155 Wn.2d at 664, 667. Clouse’s ultimate
hiring decision may have been unwise, but it was not manifestly unreasonable.
Third, the petition fails to identify how this hiring decision or payment
affected, interrupted, or interfered with the performance of Clouse’s official duties,
as required by the recall statute. See RCW 29A.56.110(1). There is no allegation
12 In re Recall of Clouse No. 103800-3
of favoritism in Clouse’s treatment of the subordinate employee versus other
employees. Nor is there a suggestion that the relationship or payment distracted
Clouse from her duties or impacted the way she carried out her duties.
The investigative report confirmed that both Clouse and the subordinate employee
believed they kept their professional relationship separate from their personal
relationship while together, and they continued working together without issue
for a time after separating.
The lack of a quid pro quo act precludes the finding of an inference that her
duties were impacted by the personal relationship. See West, 155 Wn.2d at 666-67
(holding that the mayor’s quid pro quo act raised an inference that he committed
wrongful conduct that affected his performance of official duty). In West, the mayor
argued that sending an e-mail to someone interested in an internship did not affect
the performance of his official duties. Id. at 667. However, this court held that this
was an overly narrow articulation of the charge and found that the charge raised
an inference that the mayor “sought to capitalize on his elected office and influence
in order to pursue a sexual relationship with a young person.” Id. In contrast,
Clouse’s acts of hiring and accepting money were not of a quid pro quo nature and,
therefore, did not raise an inference that she performed her official duties
in a different or particular way in order to initiate or foster an inappropriate
relationship. The investigator concluded that the employee “did not identify
13 In re Recall of Clouse No. 103800-3
any statement or action by [Clouse] that directly or indirectly suggested that
any aspect of his job . . . was dependent on or otherwise tied to any . . . relationship
or conduct with her.” CP at 37. The failure to identify how Clouse’s actions affected,
interrupted, or interfered with the performance of Clouse’s official duties also
leads to a conclusion of legal insufficiency. RCW 29A.56.110.
Recall petitions must be both factually and legally sufficient. Inslee,
194 Wn.2d at 567; Kast, 144 Wn.2d at 818. The failure of charges one and two
to meet the prong of legal sufficiency means they are insufficient overall. Inslee,
194 Wn.2d at 567. Therefore, none of the five charges pass both the factual and legal
sufficiency prongs required for the petition to move forward in the recall process.
CONCLUSION
Recall charges “must be specific enough to give the elected official
meaningful notice of the particular conduct challenged and why it is grounds for
recall.” Boldt, 187 Wn.2d at 549. None of the charges in this petition meet that
standard. Charges three, four, and five lack the requisite specificity and are factually
insufficient. While charges one and two are factually sufficient, they are
legally insufficient because they fail to identify how Clouse’s actions rise to the level
of misfeasance, malfeasance, or a violation of the oath of office, necessary to support
a recall action. Therefore, we affirm the trial court’s dismissal of the petition.
14 In re Recall of Clouse No. 103800-3
______________________________
WE CONCUR:
___________________________ ______________________________
___________________________ ______________________________
15 In re Recall of Clouse
No. 103800-3 MADSEN, J. (concurring)—I completely agree with the majority
opinion. I write separately because I cannot join the asterisk note as it is outside of our
appellate record. RAP 9.1(a) (appellate courts consider only the record on review).
Accordingly, I respectfully concur.
______________________________________ Madsen, J.