The Pierce County prosecutor sued to stop a Fircrest lawyer from representing the Pierce County sheriff in his official capacity.
SEATTLE — A Fircrest lawyer will not be allowed to advise or represent Pierce County Sheriff Keith Swank in his professional capacity, a Seattle judge ruled Monday, pending a final ruling to come at a later date.
Sheriff Keith Swank obtained an outside lawyer, Joan K. Mell, to represent him in dealings with other Pierce County officials earlier this spring, according to court documents filed by prosecuting attorney Mary Robnett, who serves as the legal representative and counsel for all Pierce County dealings, as laid out in state law.
“Under the state constitution and county charter, all county officials have one legal advisor: the elected Prosecuting Attorney. It is the voters who decide who will be the legal advisor for the County,” the Pierce County Prosecutor’s Office said in a statement to KING 5.
Robnett is suing to prevent Swank from securing outside counsel entirely, but was granted a temporary victory when a Seattle judge approved a preliminary restraining order. Mell will not be able to represent Swank in his official capacity or provide him legal advice related to his job duties for the time being. Robnett appointed a former prosecutor from San Juan County to represent Swank.
The judge agreed that allowing Mell to represent Swank on business related to his elected position would harm Pierce County voters, who elected Robnett to serve in that capacity, and the office of the Pierce County Prosecuting Attorney.
The conflict stems partially from Swank’s desire to cooperate with ICE, which is illegal for state, county, or local law enforcement to do in Washington. A letter dated May 23 from Mell to Robnett, Pierce County Executive Ryan Mello and County Council Chair Jani Hitchen said Swank “intends to cooperate with ICE pursuant to his core constitutional functions,” despite current state law and an executive order from Mello advising county agencies that they are not to cooperate with ICE.
“That advice will create direct legal peril to Pierce County and the Office of the Pierce County Prosecuting Attorney,” Robnett wrote in court documents. “If the Sheriff acts on Defendant Mell’s advice, the Sheriff would likely expose Pierce County to litigation from the Washington State Attorney General’s Office in enforcement of Keep Washington Working.”
Mell said in a statement Monday to KING 5 that she is disappointed in the decision, but she will follow the ruling.
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