Prosecutor stays off Jasman case

EPHRATA - The Grant County Prosecutor's Office still can not be involved in the civil case it started against former coroner Jerry Jasman.

Visiting Douglas County Superior Court Judge John Hotchkiss denied a motion to reconsider an earlier decision stating Prosecutor Angus Lee had a conflict of interest in the case.

"We're happy with the decision," said George Ahrend, Jasman's attorney. "I thought it was right the first time he decided it and nothing has changed since."

Lee and the prosecutor's office filed the civil suit against Jasman in Grant County Superior Court in an attempt to get him to stop signing death certificates, according to court records.

When the case was filed, Coroner Craig Morrison responded by asking the commissioners to pay for Jasman's defense, according to court records. The commissioners initially approved the request, but after consulting with the prosecutor's office reversed their decision.

Hotchkiss reiterated his earlier ruling it was a conflict of interest for the prosecutor's office advised the commissioner's office after filing the suit.

"This advice also benefited the plaintiff," he stated. "The fact that the elected official had gone to the county commission and requested a defense for his employee at public expense, which was granted, and the fact that the prosecutor later convinced the county commissioner to reverse this decision are facts that were conveniently left out by the plaintiff. Conveniently leaving out important facts gives the court some concerns that even the prosecuting attorney recognizes that there is a problem."

Hotchkiss disagreed with Civil Deputy Lee Pence and Deputy Douglas Mitchell argument about the type of case.

Pence's and Mitchell's argument revolved around the type of case they brought against Jasman, called a "quo warranto" action. The type of lawsuit is aimed at correcting "an alleged usurpation or unlawful holding of a public office," according to the motion. Law states the type of lawsuit can only be brought by the prosecutor's office or a person holding the office.

The prosecutors argued Morrison isn't the real party in the case.

"Obviously Coroner Morrison does not hold the office of prosecuting attorney, nor does he seek to oust Mr. Jasman from holding a public office that (Morrison) claims title to for himself," according to the motion.

Hotchkiss stated whether the case is legitimate doesn't matter when it comes to the conflict of interest. He agreed bringing the case wouldn't cause the conflict, but advising the commissioners in opposition to Morrison's position created the conflict.

"The Grant County Prosecutor's Office has sued the defendant, and then advised the Grant County Board of Commissioners to cut off his financial ability to defend the lawsuit," the judge wrote. "The plaintiff's ability to control the 'purse strings' of the defendant would be a significant conflict of interest."

Prior to Hotchkiss' ruling, Lee requested the Kitsap County prosecutor and the Pierce County prosecutor to assist in the case, he said. Ione George, Kitsap County's chief deputy prosecutor is handling the case, while a deputy Pierce County prosecutor advised the county commissioners.

"I don't believe it was legally necessary, but it was probably the prudent thing to do," Lee said.

The commissioners decided to stay with their second decision, and aren't paying for Jasman's attorney. Commissioner Richard Stevens said the decision was made after receiving advice from the special prosecutor.