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Published: Friday, November 27, 2009
Democrats split over choice for Snohomish County prosecuting attorney
By Noah Haglund and Scott North Herald Writers
EVERETT — A political tussle between two Democrats vying to be interim Snohomish County prosecuting attorney has exposed fissures in their party and surprised some onlookers for its ferocity.
Veteran deputy prosecutor Mark Roe's backers charge that he's being shut out of the process for lack of political connections. Some supporters of Seattle deputy city attorney and county fire commissioner Jim Kenny counter that Roe's support from criminal justice colleagues amounts to cronyism.
“It's a lot more competitive and a lot more heated than even I expected at the outset,” said county Democratic Party chairman Bill Phillips, an unabashed Kenny supporter.
Prosecuting Attorney Janice Ellis announced in October that she would step down at the end of this month to take a job with the Tulalip Tribes. Because she is a Democrat, the county's Democrats were tasked with submitting three possible replacements to the County Council. The council is expected to vote on Dec. 9.
Kenny led the field on Nov. 14 when the county's Democrats met to vote. Of the 156 votes cast by Democrat precinct committee officers, Kenny took 90 to Roe's 65. Fire commissioner Millie Judge qualified as the third candidate with one vote.
That should have settled the matter, Phillips said.
“Anybody who says these rankings don't have importance doesn't understand the process,” he said. “To say that this was a party insider vote is a major distortion of reality.”
The party is upset that Roe continues to lobby county councilmen for the appointment.
While he has the right to do that, Phillips said it flies in the face of tradition and an implicit agreement that the candidates would respect the outcome of the vote.
In a Nov. 23 letter to councilmen, Roe argued that the issue isn't that simple.
“You have a clear choice to make between a candidate with a prodigious public safety record and a party insider with much less experience, and none of it here in Snohomish County,” he wrote.
Although Roe has snagged endorsements from some Democratic politicians — notably Gov. Chris Gregoire, former county Executive Bob Drewel, state Reps. John McCoy and Mike Sells, and Ellis — some of his most vocal backers are people who spend more time in courtrooms and at crime scenes than at political gatherings.
Among those who have written letters urging the council to appoint Roe are members of the Snohomish County Deputy Sheriff's Association, the union that represents deputy prosecutors in the county, and the Snohomish County Sheriff and Police Chief's Association, a group that represents all of the community's top law enforcement officers.
Family members of crime victims whose cases Roe has handled also have appeared at council meetings to speak on his behalf. In addition, the Snohomish County Pubic Defender Association has sent a letter of support signed by five of its most seasoned attorneys.
“Although we often disagree with him, Mr. Roe is greatly respected by attorneys of our Association,” the letter said.
Kenny reports endorsements from County Executive Aaron Reardon and state lawmakers including Reps. Hans Dunshee and Mary Helen Roberts and Sen. Steve Hobbs.
Sheriff John Lovick urged Democratic precinct committee officers to support Kenny, but also signed on with the county's police chiefs in unanimously supporting Roe.
Roe has spent 22 years as a deputy prosecutor in Snohomish County. His case load has included murders, sexual assaults and determining whether charges are warranted against officers in police shootings. He's also served as a supervisor, and for a time was the county's chief criminal deputy prosecutor, with responsibilities for hiring, firing and helping prepare the budget.
Kenny has spent 10 years trying misdemeanor cases for the city of Seattle, including driving-under-the-influence, theft and assault cases. Before that, he worked for three years in the Clark County Prosecutor's Office and prosecuted some juvenile felony cases.
Kenny also has served for six years an elected commissioner with Snohomish County Fire District 1, four as chairman. In that role, he has helped oversee a $30 million budget.
For him, administrative skills are more important to the prosecuting attorney's job than a talent for convincing juries.
“It's about leadership, electability,” Kenny said. “It's also about a vision of where the office is going.”
Roe's association with Ellis has fired up some of his opposition among local Democrats. She angered party stalwarts by endorsing Republicans Rob McKenna and Dan Satterberg in their successful bids for state attorney general and King County prosecutor, respectively.
Ellis also supported legislation that would make county prosecutors nonpartisan positions.
That was a “heresy of heresies” and a reason not to support Roe, longtime Democrat activist, Kent Hanson of Everett, told party faithful in an e-mail last month.
“We need more, not less partisan offices,” he wrote. “It gives the party (that's us folks) the power to choose successors in case of a vacancy and allows us to nominate our candidates for these offices. No identifier is more important than party affiliation when voters make their choices. We don't need more stealth ultra-conservative nonpartisan candidates.”
County Council Chairman Mike Cooper had been a steadfast Kenny supporter even before Ellis announced her resignation. Councilmen don't have to vote for the party's preferred candidate, Cooper said, but they should have a compelling reason if they don't.
“I clearly think they're both good candidates, but Jim's better,” he said.
Some of his colleagues remain undecided.
Councilman Dave Gossett wanted to interview Roe and Kenny before choosing.
“I think either one would do a good job,” he said.
While the party vote would be a strong factor, Gossett said he was under no legal obligation to reach the same decision.
Similarly, Councilman Dave Somers said he has talked to both candidates and is still studying up on them.
“There's been a lot of pressure by people in the party to go with Jim Kenny because he got the most (precinct committee officer) votes,” Somers said. “That's not the process. It's a factor, but the responsibility and the authority for selecting the candidate is the County Council's.”
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COMMENTS
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It's pathetic that Roe cronies are questioning Sheriff Lovick's support of Jim. Does reality mean nothing to these goons? Here's the letter of support Sheriff Lovick wrote for Jim. Claiming this is half-hearted support is just sour grapes from a losing campaign.
http://www.jimkenny.org/wp-content/upLoads/Sheriff-Lovick-Letter.pdf
Chantel Robertson | Nov 28, 2009 7:06 am | 0 replies | Request removal
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Mark Roe works hard for families affected by crime. He fights hard for innocent victims and he is a natural leader.
Why would Jim Kenny be a good leader for the Snohomish County Prosecutors when he doesn't have 22 years of experience in our county?
We don't need an administrator, we need a leader as the Prosecuting Attorney.
J Q | Nov 27, 2009 11:08 pm | 0 replies | Request removal
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The big point that doesn’t seem reported about the vote of the Dem. PCOs is that Kenny was himself a PCO. Its kind of a thankless position and the PCOs not only know this, but feel this. So when they were given the chance to vote for one of their own, to reward what they may feel is the hard-working, little thanked drudge-worker backbone of the party, they did so. But that vote is like taking a straw-poll of the Kennedy family as to who they think should win the 1960 Nixon-Kennedy election. Sure, they gave Kenny the nod. He’s them. But only 90 votes? Really, with all he had going for him, only 90? That Roe got 65 in the face of that political advantage speaks volumes.
And the notion I see expressed below by a PCO now saying “Why did we even vote?” if Kenny doesn’t get the nod… Well, you voted as PCOs as the law says you do when a person steps down – the PARTY of the person who stepped down gets to choose a list of three people to send to the elected council.
And there should end the party’s involvement. From that point forward, the decision from among the three on the list must be made by our elected representatives with solely the question of what is best for the people they serve, their safety, in mind.
The spot of the head prosecutor cannot be treated by our elected officials as a reward for a good party apparatchik. The spot matters too much. Kenny might be a good guy, but he’s never done a single felony jury trial ever. EVER. The reputation, experience, and law enforcement contacts Roe’s built up serving THIS community working the toughest cases, having made the toughest calls for YEARS upon YEARS already… that matters. The person making the calls at the top needs that experience. The top prosecutor spot is NOT ceremonial. He or she may not be in court much (if at all), but they need to take a firm hand behind the scenes making sure the hard cases stay on track, and are prosecuted ably and just.
You need that experience making the calls. Roe’s got it. He's also got the support of the defense bar AND every police chief. Think about that. What that says about whether a person is able to do the job well and justly. (And to the extent the Sheriff kinda, sorta half supported Kenny, then still signed off on the unanimous chiefs’ endorsement of Roe, that half support might be explainable by the fact Kenny helped on Lovick’s campain. The Sheriff likely feels obligated to toss Kenny something.)
Again, a position that vital cannot be treated as a political ‘goody’ to doled out to a party loyalist.
Mike Lloyd | Nov 27, 2009 8:27 pm | 0 replies | Request removal
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Reading some of the comments posted by Roe supporters, it seems as if they don't know much about Jim Kenny. In fact, one of the posts even hints that Mr. Kenny might not even live in Snohomish County.
I've had the pleasure to vote for Mr. Kenny as one of my fire commissioners in Snohomish County Fire District 1 for several terms now. He chaired the commission while it negotiated the take-over of the Edmonds Fire Department this past summer. Not a paltry task for an essentially volunteer position.
Mr. Kenny has lived in Snohomish County for decades, understands the county's values and residents, and is certainly no stranger to Snohomish County.
Doug Vavrick | Nov 27, 2009 5:11 pm | 0 replies | Request removal
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If the vote of PCOs on November 14th was simply a meaningless beauty pageant, this PCO wonders why he was invited to show up to make the decision about who was going to be Snohomish County's next Prosecuting Attorney.
I thought the process was over when it was revealed that Mr. Kenny had handily defeated Mr. Roe. Then I learned that Mr. Roe refused to accept the will of the Snohomish County Democratic Party.
If Mr. Roe refuses to accept the decision rendered by the party he only pretends to belong to, then his party will only pretend to support him when he's up for re-election, should the County Council also decide to ignore the will of the Snohomish County Democratic Party.
Mr. Roe's intransigence on this issue has made him a persona non grata with this PCO, and I will actively work to defeat his candidacy at every opportunity because he has refused to respect the process, refuses to respect the vote of the PCOs, and refuses to accept the simple fact that he lost and Mr. Kenny won.
I'm also disturbed by his continued harping on the fact that he's been endorsed by the Snohomish County law enforcement community when the Snohomish County Sheriff has endorsed his opponent.
I'm also bemused by his endorsements from all his underlings. Of course you're going to endorse your boss! The endorsement of those who you supervise is nothing to brag about.
I work in the King County criminal justice system, and I asked those who actually work with and try cases against Jim Kenny if they think he'd make a good county prosecutor. Uniformly they endorsed him as a smart prosecutor, a nice guy, and an able administrator.
I asked my friends who work in the Snohomish
County criminal justice system what they thought of Mr. Roe. The response to the thought of Mr. Roe as the Snohomish County Prosecutor was wholly underwhelming, and thus the decision was easy for me to make on November 14th.
Mark Roe - get with the program and withdraw your "candidacy".
Snohomish County Councilmembers - please respect the will and the choice of the Snohomish County Democratic Party and select Jim Kenny to finish out the term of Ms. Ellis.
Doug Vavrick | Nov 27, 2009 5:05 pm | 0 replies | Request removal
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Wow, the tone of these comments bother me a great deal. You want the public to decide? They did. The precinct committee officers represent thousands of voters. What we have now is a bunch of office cronies cheerleading for their favorite while belittling the other candidate.
If Mr. Roe will lead as he campaigns - mocking those who disagree with him, beating his own chest, painting himself as the only voice that matters - then we're better off without him.
I agree with Mike Cooper. Both candidates are qualified, but Jim is better. I hope the Council doesn't cave to cronyism by selecting the office Golden Child.
Chantel Robertson | Nov 27, 2009 2:25 pm | 0 replies | Request removal
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County Council Chairman Mike Cooper had been a steadfast Kenny supporter even before Ellis announced her resignation. Councilmen don't have to vote for the party's preferred candidate, Cooper said, but they should have a compelling reason if they don't.
That bothers me more than I can say. Isn't a councilman supposed to place the people he's elected to represent above the interests of his party? Wasn't that why he was elected? To represent the people?
I don't know how to read that quote as saying anything other than I will put the concerns of my party before the people I pledged to serve when I took the position.
You know, I'm not sure what's so wrong with that position being non-partisan if this is what partisanship leads to. And I say that as a lifelong Democrat (ok maybe not a true party democrat every election, every time, but still.)
Mike Lloyd | Nov 27, 2009 1:22 pm | 0 replies | Request removal
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Support for Mr. Roe by the associations representing our police chiefs and the deputies who protect us is being called cronyism by the Democrats. At the same time they want to punish Ms. Ellis's choice for her replacement because SHE didn't always follow the party line. How hypocritical!
Mark Roe has spent his career serving the citizens of Snohomish County in the prosecutors office. His opponent runs for office where he finds an opening.
Is this really a tough decision,or just politics as usual?
Points Tofacts | Nov 27, 2009 12:02 pm | 0 replies | Request removal
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Few may remember back to the mid 1990's when the Sheriff was a partisan position. When then Sheriff Jim Scharf left for Everett PD as their chief, the Democrats picked Snohomish Chief of Police Patrick Murphy as his successor.
Mr Murphy had a difficult time, to say the least, and was voted out about nine months later. He left the law enforcement profession in a state of, well, let's just call it a downward trend and not trample on the grave of a deceased man who probably still has family in Snohomish County.
The point is this; the Democrats know as much about picking a sheriff as they do about picking a prosecutor, which is to say, very little. History proved this to be the case with Mr Murphy's selection, who, if memory serves, was very active in the DNC in Snohomish County.
Mr Roe is an experienced prosecutor and administrator and appears to be the obvious choice over someone who has very little time prosecuting felonies. It is relevant as to the head prosecutors experience in such a position, as organization, both public and private, benefits from having a general, CEO, sheriff, chief of police,head coach, whatever, who has first earned his stripes in the trenches, whether it be with the organization he is tapped to lead or with another, similar, organization.
Hugh Mongouse | Nov 27, 2009 11:46 am | 0 replies | Request removal
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If the facts are as this story portrays them, then this is very ugly indeed. Mr Roe serves Snohomish County for 22 years and then gets screwed over by his own party for a party insider with virtually no real experience. I disagree with Kenney's assessment that administrative experience is what matters. While it IS important, why on earth would you want a County Prosecutor with no real idea of what happens in a courtroom? There can be no doubt that these people lack the ability to feel shame.
Bill Case | Nov 27, 2009 11:37 am | 0 replies | Request removal
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The clear choice for SnoCo PA is Mark Roe. He lives and breathes Snohomish County. It is a community that he serves, lives, works, volunteers and understands. Mark is a strong voice for Snohomish County, in part, not only does he reside and work within the community in which he serves, but his strong leadership ability stretches far beyond the courtroom. If "electablility" is a post to stand by...than Mr. Kenney has an even greater job in getting to know the people of Snohomish County. We care more about the future, vision and outcomes of this region much more than "electability." Even though this can be a "political" process to choose from, why is the Democratic precinct officers being asked to choose someone who is seemingly more "political" than the other? Not only is Mark Roe a strong, refreshing voice for Prosecuting Attorney but his 20 plus years experience in the field speaks volumes in terms of political clout. If by having the respect of those he works with and the endorsements of first responders and other executive leaders is somehow a political downfall... than Mark Roe is our guy! Listen to the community....
Sandy Gotts | Nov 27, 2009 11:34 am | 0 replies | Request removal
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