King County judge allows Mayor Durkan recall petition to move forward

A King County Superior Court judge denied a motion from Mayor Jenny Durkan on Wednesday, which had asked the court to reconsider its ruling allowing a recall petition to move forward.

Petition to recall Seattle Mayor Jenny Durkan clears first hurdle

An initial ruling from King County Superior Court Judge Mary Roberts has previously struck down six of seven assertions made in a petition from a group known as “Fire the Mayor,” upholding the one that alleged the mayor had failed to take action regarding extreme crowd control measures — including the use of tear gas — employed by police during early-June protests that took place in downtown Seattle and Capitol Hill.

Mayor Durkan filed a motion asking Judge Roberts to reconsider, claiming her office had no legal duty to prescribe Seattle Police Department policies. Roberts denied that motion Wednesday, saying that her role in the recall process is by design, “highly limited,” and it is up to voters “to ultimately act as the fact finders” when it comes to recalling a sitting mayor.

“We merely function as a gatekeeper to ensure that the recall process is not used to harass public officials by subjecting them to frivolous or unsubstantiated charges,” Roberts quoted from a past decision from the Washington State Supreme Court.

“The court does not opine on whether Mayor Durkan should replace Chief Best, or under what circumstances the use of CS gas may be reasonably and legally justified,” she added herself.

Presumably, the next step in the process will be an 180-day signature gathering period for the recall petitioners. If enough verified paper signatures are collected within that 180-day window — 25% of the total votes cast in the last mayoral election, totaling just over 56,000 — King County Elections will set a date for a special election between 45 and 90 days after certification, preferably on an already-scheduled election day.

That said, it’s unclear at this point when that 180-day window is supposed to begin.

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“The fun thing about recall is they are super rare, so getting answers like that can be difficult,” Fire the Mayor Treasurer Leah Solomon noted. “The best information that we have been able to acquire tells us that no, the clock has not yet started.”

Fire the Mayor expects Mayor Durkan’s lawyers to appeal this latest ruling, “thrusting the petitioner’s charges into the purview of the Washington State Supreme Court.”

“While we wait, we will be continuing to raise funds and organize our ground game, as well as continue compiling exhibits for the hearings and filings to come,” Fire the Mayor said in a news release.

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