Snohomish County claims state is liable for juvenile justice lawsuits

Published 12:43 pm Monday, July 27, 2026

EVERETT — Snohomish County is asking a judge to decide who holds responsibility for lawsuits filed against departments that are run by local superior courts, including juvenile detention facilities.

Snohomish County Prosecuting Attorney Jason Cummings and the prosecuting attorney for Pierce County argue the state of Washington, not county governments, have the authority and legal liability over departments that are administered by superior court judges, according to an action filed in Thurston County Superior Court on Friday.

The request for declaratory judgement and injunctive relief comes as Snohomish County faces a mounting number of lawsuits related to allegations of abuse and harassment at the Denney Juvenile Justice Center and its predecessor, the Denney Youth Center.

The prosecuting attorneys’ complaint contends that counties hold the distinct role of building, paying for and maintaining facilities for the juvenile justice system, but that superior court judges, who are elected state officers, have control over the system.

“I understand that the matter we’re presenting has large implications,” Cummings said in a press release from the Pierce County Prosecuting Attorney’s Office on Friday. “But our state constitution, state laws, and case law all show that Superior Court judges are not county officers. They are state officers of the judicial branch, and it is the State that controls and operates juvenile court services.”

The 80-page legal action is asking a judge to declare that state officers run the juvenile justice system and its facilities. It’s also asking for an injunction requiring the state answer the legal claims stemming from the operation of the juvenile justice system.

In June of 2024, state lawmakers eliminated the statue of limitations on civil lawsuits seeking restitution for child sex abuse allegations. The decision greatly increased the liability for local counties who’ve been deemed responsible for operating juvenile detention centers, Cummings said.

Snohomish County is named as a defendant in two-multiple plaintiff suits and has received 23 additional claims alleging sexual abuse while in the the custody of the juvenile justice system, according to the complaint.

The county is incurring substantial costs defending the claims and faces more than $87 million in potential settlements or judgements, prosecutors wrote.

“Snohomish County must budget for and pay for these liabilities that as a matter of law, are the responsibility of the State, at the expense of other essential county services,” the complaint said.

Cummings told The Daily Herald his office is hoping a judge will provide clarity for who must defend these claims. Cumming said he was limited on what he could say about the complaint at this time, because the legal proceedings are ongoing.

By state law, the superior courts run the juvenile court and detention services in Snohomish County and most counties across Washington.

The complaint alleges case law reaffirms that superior courts are a state-run activity, made clear by the fact that the governor appoints superior court judges when a vacancy occurs, not county government officials as occurs with district court vacancies.

A spokesperson from the Washington State Attorney General’s Office said they are still reviewing the complaint and had no additional comment at this time.

Earlier this month, the Seattle-based law firm Hagens Berman filed a lawsuit on behalf of nine former detainees alleging the policies and procedures of Snohomish County are responsible for decades of abuse at the juvenile detention center in Everett.

A similar federal lawsuit was filed on behalf of eight formerly incarcerated minors alleging systemic sexual abuse in November and a former employee filed a claim in February alleging she was retaliated against for reporting sexual harassment involving detainees at the center.

In the complaint, the prosecutors said any decision a judge makes wouldn’t determine the outcome of the legal claims filed, but instead would determine who is liable and obligated to defend the claims.

Cummings said a decision siding with the counties in this case has the potential to shift a significant amount of liability and work from the civil division of the county prosecutor’s office to the state level, protecting the local taxpayers who would end up bearing the financial burden of the legal proceedings and any financial judgement.

Ian Davis-Leonard: 425-339-3097; ian.davis-leonard@heraldnet.com