Editorial: AG’s office needs Nick Brown’s broad experience

By The Herald Editorial Board

Voters in Washington state will see open races for a few of the statewide offices on the ballot, including that of attorney general, following the decision of current AG Bob Ferguson’s decision to run for governor with the pending departure of Gov. Jay Inslee.

The attorney general’s office, with some 1,800 employees, including 800 attorneys in 27 legal divisions, essentially operates as the state’s largest law firm, offering legal counsel and services to other state offices, agencies, boards and commissions. The attorney general and the office represent the state in court; advise the governor, state lawmakers and officials; uphold the state’s Consumer Protection Act and enforce laws against anti-competitive practices; protect the environment through legal channels; and, at the request of the governor or a county prosecutor, investigate and prosecute criminal cases.

Following the primary election, the top-two candidates are Democrat Nick Brown and Republican Pete Serrano. Both candidates were interviewed separately by the editorial board.

Serrano has served on the Pasco City Council since 2018 and currently serves as mayor of the southeast Washington city of 80,000. Previously he was an environmental attorney with the U.S. Department of Energy in its oversight of the Hanford Site cleanup and also worked with Energy Northwest’s nuclear project there. Serrano earned his law degree from the Florida Coastal School of Law, earning advanced training in environmental law from Vermont Law School.

Brown’s resume includes time as the U.S. Attorney for Western Washington, general counsel for Gov. Inslee’s office, a judge advocate general for the U.S. Army and a partner in a Seattle law group. His law degree is from Harvard Law School. Brown earned a Bronze Star during his service in Iraq in 2005.

For both men, their decision to run is a reflection of their opinion of the work of the current attorney general, if from different perspectives.

In response to the state’s covid pandemic restrictions, Serrano and some friends started the Silent Majority Foundation to challenge those restrictions, then adding First and Second Amendment concerns to its work, including a pending challenge of a state law, requested by Ferguson, on large-capacity ammunition magazines.

“I’m really excited about the work that we’ve done with the foundation, because I’ve always tried to put the people and the constitution as the preeminent leading edge of our work,” Serrano said.

Brown’s time as the governor’s legal adviser included coordination with Ferguson’s office, noting that his last six months’ in Inslee’s office were the first six months of the Trump administration, during which he played a role in challenging Trump’s attempted “Muslim ban,” the first of many of Ferguson’s successful lawsuits against Trump policy.

“For me, that set the foundation for thinking about how important the AG’s office is, and then thinking about the work that we might have ahead,” Brown said.

Serrano said he’d be to prepared to sue the federal government when necessary; but also wants to focus on better advice and counsel for state agencies to prevent lawsuits against the state in the first place over questionable laws and rule-making.

“Rather than being sued by the people, the people should have a watchdog,” Serrano said.

Brown, however, backs the work and focus of the office during Ferguson’s three terms and that of predecessors Rob McKenna, a Republican, and Chris Gregoire, a Democrat, especially regarding consumer protection.

“I want to make sure that we’re using the office that way to protect them from fraud, from corporate greed and from misrepresentation,” he said, with particular attention to vulnerable populations, including seniors, veterans, undocumented residents and those with lower incomes.

Public safety is a priority for both candidates, but again with each recommending different courses of action.

Serrano is critical of the state’s policy on law enforcement’s use of force, which he believes is “muddled at best,” and how it was used to pursue charges against Tacoma police officers in the death of Manuel “Manny” Ellis during a stop in 2020. The “aggressive” approach against the officers, Serrano said, might not have been necessary if officers had been given the tools and resources to understand what was expected of them.

Brown wants to correct the perception that the attorney general is the state’s chief prosecutor; criminal justice responsibilities are handled chiefly by local jurisdiction. But Brown said he’s eager to partner with local agencies and courts and advise the Legislature on effective policy. But those policies and programs need a broader response to resolve crime’s root problems, Brown said.

“There’s a whole host of things that make safety sustainable,” he said. “Beyond police, beyond prosecutors, the things that make safety lasting are all the underlying social conditions: housing that keeps people safe at night, jobs that keeps people employed and give them opportunity, an education system that really does give people an opportunity to prosper and be successful.”

Brown and Serrano have legal knowledge and experience to draw from to inform the work of attorney general. And each will appeal to a different base of voters who are drawn to their separate political stances.

Brown, however, offers a diverse and broad resume that includes time as both defense attorney and prosecutor while in the Army, including experience with a range of complex criminal litigation, including fraud and identify theft. Then with the U.S. Attorney’s office he prosecuted firearms, drug trafficking and violent offenses; worked with local and tribal jurisdictions, and coordinating federal law enforcement responses to gang crime and the fentanyl crisis.

As the first Black U.S. Attorney for Western Washington, those civil rights concerns were front of mind, and included time serving as chair of a civil rights subcommittee for all U.S. attorney offices. Those concerns remain for him, he said.

“‘Defending our democracy’ used to be somewhat of a cliche, but it does feel very real now that there are issues around voting rights and individual liberties that the AG’s office can help protect and defend on behalf of the people,” Brown said.

Brown — by offering both a fresh perspective and support for the office’s current leadership and initiatives — is best suited to succeed a long line of pragmatic and principled attorneys general for Washington state.