Democrats split over choice for Snohomish County prosecuting attorney

Published 11:52 pm Thursday, November 26, 2009

EVERETT — A political tussle between two Democrats vying to be interim Snohomish County prosecuting attorney has exposed fissures in their party and surprised some onlookers for its ferocity.

Veteran deputy prosecutor Mark Roe’s backers charge that he’s being shut out of the process for lack of political connections. Some supporters of Seattle deputy city attorney and county fire commissioner Jim Kenny counter that Roe’s support from criminal justice colleagues amounts to cronyism.

“It’s a lot more competitive and a lot more heated than even I expected at the outset,” said county Democratic Party chairman Bill Phillips, an unabashed Kenny supporter.

Prosecuting Attorney Janice Ellis announced in October that she would step down at the end of this month to take a job with the Tulalip Tribes. Because she is a Democrat, the county’s Democrats were tasked with submitting three possible replacements to the County Council. The council is expected to vote on Dec. 9.

Kenny led the field on Nov. 14 when the county’s Democrats met to vote. Of the 156 votes cast by Democrat precinct committee officers, Kenny took 90 to Roe’s 65. Fire commissioner Millie Judge qualified as the third candidate with one vote.

That should have settled the matter, Phillips said.

“Anybody who says these rankings don’t have importance doesn’t understand the process,” he said. “To say that this was a party insider vote is a major distortion of reality.”

The party is upset that Roe continues to lobby county councilmen for the appointment.

While he has the right to do that, Phillips said it flies in the face of tradition and an implicit agreement that the candidates would respect the outcome of the vote.

In a Nov. 23 letter to councilmen, Roe argued that the issue isn’t that simple.

“You have a clear choice to make between a candidate with a prodigious public safety record and a party insider with much less experience, and none of it here in Snohomish County,” he wrote.

Although Roe has snagged endorsements from some Democratic politicians — notably Gov. Chris Gregoire, former county Executive Bob Drewel, state Reps. John McCoy and Mike Sells, and Ellis — some of his most vocal backers are people who spend more time in courtrooms and at crime scenes than at political gatherings.

Among those who have written letters urging the council to appoint Roe are members of the Snohomish County Deputy Sheriff’s Association, the union that represents deputy prosecutors in the county, and the Snohomish County Sheriff and Police Chief’s Association, a group that represents all of the community’s top law enforcement officers.

Family members of crime victims whose cases Roe has handled also have appeared at council meetings to speak on his behalf. In addition, the Snohomish County Pubic Defender Association has sent a letter of support signed by five of its most seasoned attorneys.

“Although we often disagree with him, Mr. Roe is greatly respected by attorneys of our Association,” the letter said.

Kenny reports endorsements from County Executive Aaron Reardon and state lawmakers including Reps. Hans Dunshee and Mary Helen Roberts and Sen. Steve Hobbs.

Sheriff John Lovick urged Democratic precinct committee officers to support Kenny, but also signed on with the county’s police chiefs in unanimously supporting Roe.

Roe has spent 22 years as a deputy prosecutor in Snohomish County. His case load has included murders, sexual assaults and determining whether charges are warranted against officers in police shootings. He’s also served as a supervisor, and for a time was the county’s chief criminal deputy prosecutor, with responsibilities for hiring, firing and helping prepare the budget.

Kenny has spent 10 years trying misdemeanor cases for the city of Seattle, including driving-under-the-influence, theft and assault cases. Before that, he worked for three years in the Clark County Prosecutor’s Office and prosecuted some juvenile felony cases.

Kenny also has served for six years an elected commissioner with Snohomish County Fire District 1, four as chairman. In that role, he has helped oversee a $30 million budget.

For him, administrative skills are more important to the prosecuting attorney’s job than a talent for convincing juries.

“It’s about leadership, electability,” Kenny said. “It’s also about a vision of where the office is going.”

Roe’s association with Ellis has fired up some of his opposition among local Democrats. She angered party stalwarts by endorsing Republicans Rob McKenna and Dan Satterberg in their successful bids for state attorney general and King County prosecutor, respectively.

Ellis also supported legislation that would make county prosecutors nonpartisan positions.

That was a “heresy of heresies” and a reason not to support Roe, longtime Democrat activist, Kent Hanson of Everett, told party faithful in an e-mail last month.

“We need more, not less partisan offices,” he wrote. “It gives the party (that’s us folks) the power to choose successors in case of a vacancy and allows us to nominate our candidates for these offices. No identifier is more important than party affiliation when voters make their choices. We don’t need more stealth ultra-conservative nonpartisan candidates.”

County Council Chairman Mike Cooper had been a steadfast Kenny supporter even before Ellis announced her resignation. Councilmen don’t have to vote for the party’s preferred candidate, Cooper said, but they should have a compelling reason if they don’t.

“I clearly think they’re both good candidates, but Jim’s better,” he said.

Some of his colleagues remain undecided.

Councilman Dave Gossett wanted to interview Roe and Kenny before choosing.

“I think either one would do a good job,” he said.

While the party vote would be a strong factor, Gossett said he was under no legal obligation to reach the same decision.

Similarly, Councilman Dave Somers said he has talked to both candidates and is still studying up on them.

“There’s been a lot of pressure by people in the party to go with Jim Kenny because he got the most (precinct committee officer) votes,” Somers said. “That’s not the process. It’s a factor, but the responsibility and the authority for selecting the candidate is the County Council’s.”