Sept. 26—A Spokane County Superior Court judge on Thursday denied the recall petition filed last month against Commissioner Al French.
Judge Gary Libey ruled there were insufficient grounds to proceed with the petition, which alleged French violated his oath of office and engaged in unlawful conduct as part of his official duty. Libey’s ruling was not publicly available at press time Thursday, but attorneys offered their interpretations of the decision when reached by The Spokesman-Review.
Libey’s decision was based on the failure to file the petition in a timely manner, as attorney Mark Lamb, who represented French in the case, successfully argued. State law and subsequent Washington Supreme Court rulings do not allow recall petitions to be filed so close to a candidate for re-election.
The petition was filed by Mary Benham and a newly formed group called the Clean Water Accountability Coalition, with support from the liberal activist group FUSE Washington. It was alleged that the commissioner used his position to orchestrate the cover-up of PFAS-contaminated groundwater on the West Plains.
French said the recall was a “frivolous” politically motivated attack, and he was pleased to see the courts dismiss the case.
“I have served with honor and integrity, and this validates what I have worked so hard for for my constituents,” French said.
Lamb argued that the petition and the allegations contained therein were factually insufficient and lacked a valid legal argument. Lamb said Libey also confirmed these arguments today.
“He found, substantively, that each of the recalls was insufficient, and that Commissioner French had followed the law,” Lamb said.
Knoll Lowney, the lawyer representing Benham and the coalition, said the case was dismissed only “on technical grounds.” He plans to appeal.
“On behalf of the community I represent who are literally drinking poisoned water, we are deeply disappointed,” Lowney said.
Libey also ordered Lowney to release who covered the costs of his services to the Public Disclosure Commission as required by law on October 31. Lamb said he has never seen a judge issue that mandate when he has been the target of a recall petition in the past. 26 years.
Lamb called the decision a victory for the integrity of local elections.
“What today’s ruling emphasizes is that the people decide who their elected officials are,” Lamb said. “Dark money, especially Seattle, dark money, should not decide who the people of Spokane County decide to represent them.”
Lowney said he had planned all along to report the recall’s financials.
