A battle over transparency is brewing in Pierce County involving County Prosecutor Mark Lindquist and his personal cell phone records.
According to Deputy Prosecuting Attorney Daniel Hamilton, Pierce County Prosecutor Mark Lindquist hired a private attorney to represent him and the county in this case.
This has set off a firestorm of concern about conflict of interest at the Pierce County Council study session meeting Monday morning.
"Usually during this meeting we don't have anybody in the audience but today we do," said Pierce County Councilman Dan Roach
Among those in the crowds was Pierce County Executive Pat McCarthy who brought an attorney the county hired to provide legal counsel. The attorney was not allowed to provide the legal opinion that she provided to the County Executive. The county council determined that legal advice needs to be provided in executive session.
"The intent is to deal with the conflict and to protect the county from further risk," said McCarthy.
In an opinion from outside counsel it was determined that there is a conflict of interest with Pierce County prosecutor Mark Lindquist hiring an outside attorney to represent him and the county in a case involving his cell phone records.
In 2011 pierce county sheriff's deputy Glena Nissen sued Lindquist claiming he had text messages on his phone that would prove retaliation from him. In august the state supreme court ruled that he had to hand over text messages that he sent on his private phone if it involves public business.
On Friday November 20, 2015 Lindquist hired Ramsey Ramerman to represent the county and work with Lindquist to determine which text messages to hand over. The deputy prosecuting attorney says state law gives Lindquist the power to choose.
"The prosecutor has the sole statutory authority to represent the county and the sole statutory authority to appoint special deputy prosecutors," said Daniel Hamilton.
Hamilton said Ramerman would report to the Pierce County Council. But at least two county council members voiced had concerns Monday about Ramerman's potential involvement. Rammerman has given legal advice to the county before regarding Glenda Nissen
"From my position up here having to try to figure out how we get away from this appearance of a conflict I guess now I'm more troubled by the fact that there is a connection between the individual that was selected on Friday afternoon and this case," said Pierce County Councilman Rick Talbert.
County Councilwoman Connie Ladenburg agreed
"This whole situation with conflicts is troubling from our perspective," she said.
But it's unclear what the county council has the power to do with respect to this issue.
"This is where it gets difficult because the state law seems very clear to me on the subject that the authority to hire special counsel rests with the prosecutor's office. I'm struggling to figure out where the council would have the authority to differ from that," said Councilman Derek Young
"This is not to disparage any of the work that has been done but really to protect the county and the interest of the county. I believe the county is at risk moving forward in the direction that it appears they are moving forward but I respect that the council is in a challenging position as well not being lawyers and not knowing all of the ramifications," said County Executive Pat McCarthy
The county council plans to meet with Ramsey Ramerman in a closed door executive session to determine if there is a conflict but it is unclear when.
This issue could end up making its way to a superior court judge.
The county has already spent more than half a million dollars in litigation regarding Lindquist's personal cell phone case.
(Photo of Ramsey Ramerman courtesy Daniel Berman at BermanPhotos.com)
