Facts: Robin Farris submitted a petition to recall Pierce County Assessor-Treasurer Dale Washam in the Superior Court for Pierce County, asserting that Washam had committed malfeasance by retaliating against an employee for filing a complaint against him, failing to protect the employee from retaliation, false accusations, and future improper treatment and failing to rectify his retaliatory actions, grossly wasting public funds in pursuing criminal charges against his predecessor, refusing to participate in investigations of whether he had discriminated and retaliated against his employees, and discharging his duties in a biased and unlawful manner. After permitting Farris to amend the petition to include the required verification under oath, the superior court found the charges legally and factually sufficient. Washam appealed this decision to the Supreme Court of Washington.

Question(s): Did flaws in the original filing require dismissal of the recall petition?

Are the charges against Washam legally and factually sufficient?

Conclusion: Justice Chambers’ opinion for a unanimous Court affirmed the superior court, concluding that nothing prohibits superior court judges from allowing amendments to recall petitions and that the amendments were in any event minor and technical. The Court also held that the charges against Washam are legally and factually sufficient insofar as they specifically allege substantial conduct amounting to misfeasance, malfeasance, or violation of the oath of office and insofar as Washam presented no evidence in support of his contention that his actions had a legally cognizable justification.

Docket No. 85460-2

Petitioner: Dale Washam

(Counsel: Shawn Timothy Newman)

Respondent: Robin Farris

(Counsel: Thomas Henry Oldfield and Jeffrey Paul Helsdon)

Decided: Thursday, May 12th, 2011

Prevailing Party: Robin Farris (Respondent)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen

Johnson

Alexander

Chambers
(Majority)

Owens

Fairhurst

Johnson

Stephens

Wiggins