Commissioners wait to pay ex-coroner's attorney

EPHRATA - The Grant County commissioners are waiting for legal advice before paying a roughly $25,000 legal bill for former Coroner Jerry Jasman.

The commissioners took no action on a request from Coroner Craig Morrison to indemnify Jasman and pay his legal bills in a civil suit filed by Grant County Prosecutor Angus Lee.

The request follows a decision by visiting Douglas County Superior Court Judge John Hotchkiss that the prosecutor's office had a conflict of interest in providing advice to the commissioners concerning the case and prosecuting the case.

Morrison initially made a request to commissioners to indemnify Jasman, meaning the county would pay for his attorney in July 2009. The commissioners initially approved the request, and after discussions with the prosecutor's office and the Municipal Research Services Center decided to reject the request.

"In the meantime, Mr. Jasman and I have incurred $25,631 in attorney fees and costs in dealing with the lawsuit to date," Morrison wrote to the commissioners. "I continue to believe that the lawsuit is utterly meritless, that it is politically motivated and that it part of a long standing pattern of interference by Mr. Lee in the operation of the coroner's office ... Nonetheless, Mr. Jasman and I have had no option but to defend the lawsuit and we will continue incurring attorney fees and costs until it is finally resolved."

Morrison made a second request for the money, stating Jasman acted within the scope of his employment and in good faith.

Commissioner Richard Stevens stated the commissioners needed a legal opinion about whether they should provide legal services to Jasman.

"Right now we're just waiting to see if we can get a different opinion," Stevens said. "We didn't turn (the new request) down, we just held it for a little bit." Stevens pointed out Hotchkiss' ruling doesn't state the commissioners needed to pay for Jasman's attorneys.

"That's what we're looking for, is to get a neutral party's advice," he said.

State law requires the commissioners to get permission from the prosecutor's office to hire an attorney, Stevens said. They planned to request permission Tuesday afternoon and find an attorney.

The status of the lawsuit in Grant County Superior Court is still unclear. Hotchkiss ruled the prosecutor's office needed to withdraw and find another attorney.

Lee's lawsuit revolves around Jasman's 2009 plea to disorderly conduct. Jasman, then the coroner, trapped his chief deputy, Lynette Henson, in his truck, while he drove down Wheeler Road, according to court records. The two were arguing, when he became angry and started yelling at her while driving between 65 and 70 mph.

As part of the sentence, Jasman "acknowledged forfeiture of his right to hold public office," according to court records. He left the office and was replaced by Dave Matney. Morrison ran against Matney in the November 2010 election, and won. After he took office, he appointed Jasman as his chief investigator, according to court records.

Civil Deputy Prosecutor Lee Pence argued both the coroner and deputy coroner positions are public offices, and only a deputy coroner can fill in for a coroner on signing death certificates in cases of unnatural deaths, such as murder and suicide.

Jasman signed death certificates in at least one murder case and other suicides, including the death certificate for Joaquin O. Serrano, according to court files. Serrano was reportedly shot and killed by Gilberto Valdovinos Medina, 23, of Moses Lake. Valdovinos is presently charged with first-degree murder in Grant County Superior Court.

Lee stated Jasman signing the death certificates makes them invalid, and inadmissible in court, meaning his office can't use them to prove the cause of death.

George Ahrend, Jasman's attorney, disagreed, citing a Washington Supreme Court ruling concerning the previous law governing county officials. The ruling stated county official's deputies aren't considered "public officials," as in an elected public office.

The courts haven't seemed to rule on the present state law, Ahrend said.

Pence responded to Ahrend's arguments in a brief pointing to newer rulings which define the differences between employees and deputies. He stated only a deputy can fill in for an elected official. He compared the situation to the prosecutor's office where deputy prosecutors can file charges and do other items reserved for the prosecuting attorney.

"Although the prosecutor has the authority to hire an attorney and appoint him (or) her as a deputy, the prosecutor has no legal authority to direct an attorney to take legal action on behalf of the state ... unless and until the attorney is appointed lawfully," he stated.

The attorney sent two letters to Lee hoping to get an idea of what the legal foundation Lee was using for his argument, Ahrend said.

The letters ask several questions including why Lee didn't consult with the Grant County Coroner's Office prior to filing the lawsuit.

"Although, Mr. Morrison acknowledges discussion relatively early in his tenure about your objections to Mr. Jasman as deputy coroner, he thought you had acquiesced and that the matter was resolved based on the extended period of no action," Ahrend wrote.

Lee attempted to work with Morrison informally, but decided to file the suit after it seemed Jasman wasn't going to stop signing death certificates, he previously stated.