YAKIMA, Wash.–
A judge heard arguments today regarding recall efforts against Jim Curtice, the Yakima County Coroner who police have said admitted to stealing drugs from the bodies he worked with.
The hearing was held to determine if charges described in a ballot synopsis are adequate and if charges fit criteria to file a recall petition.
Yakima lawyer Zachary Stambaugh said as an elected official, the county and governor are not Curtice’s bosses, but the voters are, meaning they are the only people who can fire him.
“This process is, ultimately something like an impeachment, where the voters are making a judgment call,” he said
Curtice’s lawyer Brett Goodman told the judge this morning that Curtice had not plead guilty to any crimes and has not been judged by a jury, and is entitled to the presumption of innocence.
Goodman said he did not agree with the ballot synopsis and the charges presented to him, and does not believe a recall petition is necessary.
“A recall petition charges an official with a violation of the law, the petitioners must have knowledge that indicates the elected official intended to commit the violation of the law,” he said. “You must show that the elected official had intent to commit a crime.”
Staumbaugh, arguing against Goodman, said he does agree with the synopsis presented this morning.
“I don’t know how you, in good faith, argue that using drugs taken for the purposes that are within your custody would be any kind of intent other than the intent to act unlawfully,” he said. “But even then, that’s not the legal required standard.”
The next hearing is scheduled for January 24. If the recall petition is approved, one quarter of eligible voters need to sign it before it goes on a ballot for special election.
