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To force McKenna to go to court, Goldmark goes to court

Post by Jordan Schrader / The News Tribune on June 21, 2010 at 4:30 pm with 1 Comment »
June 21, 2010 4:30 pm

A dispute between two state elected officials is going to the state Supreme Court. In the meantime, they’ll work together on the legal case at the heart of the dispute.

The back story: A judge ruled against the state, saying an Okanogan County utility district can condemn state land to build a power line. Public Lands Commissioner Peter Goldmark wanted to appeal. Attorney General Rob McKenna wouldn’t.

Goldmark filed briefs today with the Supreme Court asking it to force McKenna to handle the appeal. While the court considers the issue, Goldmark said, McKenna has agreed to file the appeal “contingently,” with plans to drop it if he wins in the Supreme Court.

Of course, there’s a Catch-22 in there: To go to court to force a lawyer to represent him, Goldmark needed a lawyer to represent him. So a Seattle attorney, David Bricklin, is representing the state at no charge, Goldmark said today.

Goldmark said in a news release announcing his petition:

The Supreme Court will be answering a very important question around the role of the Attorney General to set policy for the entire state.

Leave a comment Comments → 1
  1. Has anyone asked on what basis McKenna thinks he’s allowed to refuse? The law seems pretty unambiguous on the subject. It says that the Attorney General SHALL represent on the Commissioner’s request.

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