In Re Recall of West

126 P.3d 798
CourtWashington Supreme Court
DecidedJanuary 12, 2006
Docket77789-6
StatusPublished
Cited by14 cases

This text of 126 P.3d 798 (In Re Recall of West) 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
In Re Recall of West, 126 P.3d 798 (Wash. 2006).

Opinion

126 P.3d 798 (2006)
156 Wash.2d 244

In the Matter of the RECALL OF James E. WEST, Mayor of the City of Spokane.
Coalition for a New Spokane, a Washington non-profit corporation; and Stephen K. Eugster, Appellants,
v.
Vicky Dalton, Auditor of Spokane County, State of Washington; Shannon M. Sullivan, Petitioner of Recall Petition of James E. West, Mayor of the City of Spokane; and James E. West, Mayor of the city of Spokane, Respondent.

No. 77789-6.

Supreme Court of Washington.

January 12, 2006.

Stephen Kerr Eugster, Eugster Law Office PSC, Spokane, for Petitioner/Appellant.

Dan L. Catt, Deputy, Spokane County Prosecutor's Office, Susan Wilder Troppmann, William Fredrick Etter, Etter McMahon Lamberson & Clary PC, Jerry J. Davis, Attorney at Law, Carl Joseph Oreskovich, Attorney at Law, Spokane, for Appellee/Respondent.

En Banc.

PER CURIAM.

¶ 1 The Coalition for a New Spokane (Coalition) challenges the validity of the signatures supporting Shannon Sullivan's recall petition against Spokane Mayor James E. West. RCW 29A.56.150(2) provides that where the issue of the sufficiency of a recall petition reaches this court and we find the petition sufficient, the time for the collection of signatures on the petition "begins on the day following the issuance of the decision by the supreme court." The Coalition contends that the signatures supporting the recall petition were gathered before this court filed its written opinions in In re Recall of James E. West, noted at 155 Wash.2d 659, 662, 121 P.3d 1190 (2005), and thus the signatures are invalid under RCW 29A.56.150(2). We disagree and instead conclude that the decision of this court, for purposes of RCW 29A.56.150(2), occurred when we issued the order affirming the superior court on August 24, 2005. Therefore, the signatures supporting *799 the recall petition were not collected prematurely, and we affirm the superior court in this case.

I

Statement of Facts and Procedural History

¶ 2 The Spokane County Superior Court authorized a recall election to proceed against Spokane Mayor James West. Recall of West, 155 Wash.2d at 662, 121 P.3d at 1192. West appealed directly to this court, and on August 24, 2005, we held a special session to hear oral argument in that case. Id. On that day we entered a brief order affirming the superior court and explaining that opinions would be filed in due course. Relying on this court's order, Shannon Sullivan, the recall petitioner, began collecting signatures. On September 21, 2005, Sullivan submitted her petition and more than 17,000 signatures to the Spokane County Auditor.

¶ 3 Stephen Eugster, on behalf of the Coalition, filed a "Petition for Writ of Mandamus and Prohibition and Complaint for Declaratory Judgment" in Spokane County Superior Court, asking that court to declare the recall signatures invalid and award the Coalition attorney fees and costs. Clerk's Papers (CP) at 1. 3, 17. Under RCW 29A.56.150(2), if the sufficiency of a recall petition is appealed to the supreme court, signatures supporting the petition cannot be collected until "the day following the issuance of the decision by the supreme court." According to the Coalition, the order issued on August 24 was not a "decision," at that time no decision had yet been filed, and therefore the signatures supporting the recall petition were invalid.

¶ 4 On October 6, the Spokane County Auditor, Vicky Dalton, announced that she had verified sufficient signatures to put the issue on the ballot. She called for a special mail-in election on December 6, 2005.

¶ 5 On October 10, the Spokane County Superior Court (visiting judge, Ted W. Small) concluded that Eugster and the Coalition had standing to bring the action, but that this court's August 24 order was a "`decision' by the court as that term is used in RCW 29A.56.150." CP at 66-67. Thus, the timing of the release of opinions did not govern the timing of signature collection as set forth in that statute. The petition was therefore dismissed and each party was ordered to bear its own costs and attorney fees.

¶ 6 On October 11, Eugster appealed to this court, asking that we reverse the trial court and declare the gathered signatures invalid. On October 26, we filed opinions explaining our conclusion in the West case. In response to the Coalition's appeal, Sullivan filed a motion to dismiss. In addition, the Spokane County auditor filed a response arguing, as she did at the trial court, that Eugster and the Coalition do not have standing to challenge the validity of the signatures.

II

Analysis

¶ 7 We must determine whether the petitioner has standing to bring this action and, if so, whether the recall petition signatures are invalid because they were gathered after this court issued an order affirming the superior court but before this court filed its opinions in this case.

¶ 8 Standing: As an initial matter, the Spokane County auditor argues that the Coalition does not have standing to bring this action. The Coalition contends that the auditor cannot raise this argument without having filed her own notice of appeal on this issue. However, standing is an issue that this court can discuss sua sponte, even if a party has not raised it. Branson v. Port of Seattle, 152 Wash.2d 862, 875 n. 6, 101 P.3d 67 (2004). Because this is a question that is likely to recur, we address the challenge to the Coalition's standing.

¶ 9 A section of the recall statute, RCW 29A.56.270, entitled "Enforcement provisions — Mandamus — Appellate review" specifically provides:

The superior court of the county in which the officer subject to recall resides has original jurisdiction to compel the performance of any act required of any public officer or to prevent the performance by any such officer of any act in relation to the recall not in compliance with law.

*800 Thus, the recall statute provides the mechanism through which a party can obtain the relief requested here.[1]

¶ 10 The auditor argues that in order to attain a remedy under this statute, the petitioner must show the absence of any other adequate remedy, as required in RCW 7.16.170. However, the plain language of RCW 29A.56.270 does not adopt nor refer to the limitations set forth in chapter 7.16 RCW, and the auditor does not cite to any authority that makes this connection. Moreover, the broad remedial power granted to the superior court under RCW 29A.56.270

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Bluebook (online)
126 P.3d 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-recall-of-west-wash-2006.