05/22/2007: "Governor To Select Our Judge"

The County Council decided yesterday to let the Governor appoint San Juan County’s first Judge . Whoever she appoints will then stand for election in 2008. After hearing arguments for and against asking the Governor to wave her right under the constitution -as she has done in the past- to appoint a judge, the Councilmen expressed their opinions in a general discussion, asked additional questions, and then were polled by Chairman Bob Myhr as to their thoughts.

The fundamental question was succinctly expressed early on in the discussion when Councilman Rich Peterson stated that “the only thing that will disappoint the public is being denied the right to vote”.

Only Councilmen Peterson and Lichter were in favor of allowing the voters to be the first to decide who should be the judge; even thought Councilman Kevin Ranker said that “whoever is elected will have a 2 to 1 advantage” when they run for office in the 2008 election.

Councilman Rich Peterson said he had come to the meeting leaning toward allowing an election, and “I have heard nothing against it”. Alan Lichter said he had been leaning toward an appointment (by the Governor), but had “been dissuaded by the testimony”. He added that the voters in the county are highly educated and informed, and could make a decision as to who was best qualified. He also expressed concerns that politics could play a role in an appointment, since “the Governor” -who we all love- sits in Olympia”,

Howard Rosenfeld said that “the county would be better served by following the constitution”. The question of the constitution and state law that gives appointment powers to the governor in off election years clearly concerned retired attorney Gene Knapp. There was testimony that the Governor has waived her right before, and attorney John Linde (who was elected as a District Court Judge five times) said that the language of the law has been interpreted in previous instances to allow the Governor to waive her right, and she has done so.

Knapp also said “I like elections, but have concerns about the shortness” of the time before an election could be held, and that the voters simply would not have enough time to fully judge the candidates for judge. Councilman Ranker said he “agreed with Knapp”. With that Rosenfeld made a motion that would allow the Governor to appoint. Myhr joined the majority, and the motion passed four to two.

Based on the testimony, and general comments from the audience, and past comments made by John Linde and Randy Gaylord (the only two who want to be the judge), it has become clear that while Gaylord prefers the Governor to make the appointment, Linde would like the voters of San Juan County to make the decision.