Judge dismisses recall petition against Snohomish Co. exec
MOUNT VERNON, Wash. - A judge dismissed a recall petition against embattled Snohomish County Executive Aaron Reardon on technical grounds Thursday at a special court hearing.
Gold Bar activist Anne Block had argued in court that Reardon could be recalled from office because he used his executive assistant and other public resources for political fundraising and lobbying.
But Skagit County Superior Court Judge John Meyer ruled that the petition was invalid because Block had failed to sign a sworn declaration that she believes the allegations to be true.
Reardon's attorney, John Wolfe, argued in court that in 1984 the Legislature added requirements for a sworn statement to prevent false, malicious or unfounded recall efforts.
The judge agreed that the sworn statement is in fact required and dismissed the recall petition because it did not meet the required legal standard.
Block, who appeared in court via phone, told the judge she would refile the petition - this time with a sworn statement - in an effort to remove Reardon from office before his final term expires at the end of 2015.
If a new petition is ultimately approved, Block and her supporters will have six months to gather enough signatures to qualify it for the ballot.
Wolfe said he would undoubtedly contest any new recall petition against Reardon.
Meanwhile, the three-term executive is also facing a civil probe by the state Public Disclosure Commission on similar grounds.
But prosecutors declined to file charges against the executive after a State Patrol investigation into sex scandal allegations involving Tami Dutton, who claims Reardon took her on trips and to expensive dinners on the county's dime.
Gold Bar activist Anne Block had argued in court that Reardon could be recalled from office because he used his executive assistant and other public resources for political fundraising and lobbying.
But Skagit County Superior Court Judge John Meyer ruled that the petition was invalid because Block had failed to sign a sworn declaration that she believes the allegations to be true.
Reardon's attorney, John Wolfe, argued in court that in 1984 the Legislature added requirements for a sworn statement to prevent false, malicious or unfounded recall efforts.
The judge agreed that the sworn statement is in fact required and dismissed the recall petition because it did not meet the required legal standard.
Block, who appeared in court via phone, told the judge she would refile the petition - this time with a sworn statement - in an effort to remove Reardon from office before his final term expires at the end of 2015.
If a new petition is ultimately approved, Block and her supporters will have six months to gather enough signatures to qualify it for the ballot.
Wolfe said he would undoubtedly contest any new recall petition against Reardon.
Meanwhile, the three-term executive is also facing a civil probe by the state Public Disclosure Commission on similar grounds.
But prosecutors declined to file charges against the executive after a State Patrol investigation into sex scandal allegations involving Tami Dutton, who claims Reardon took her on trips and to expensive dinners on the county's dime.
Last time I forgot to sign something I got a phone call and was aked to come down and sign. Easy Peasy.  Â
 @Granny_MAC That could be a basis for appeal.  The courts can't do that!  File it right, or don't file it at all!  Have you ever filed an action with the courts?  The clerks can't give advice... including telling you if something is filed properly.  Â
Baloney! They do it all the time. And yes I have filed stays of execution and other filings. Sometimes a clerk will just point a finger at the missing information and give you a stare or wink. Among other things. It saves time and money and does not interfere with any due process.  Its really just a storm in a teapot because the filing will go on.Â
An appeal? I don't think so. the Judge calls up both parties and tells them he or she is going to call the person who filed or have the lawyer call or clerk and if there is a problem speak now.Â
Why so many comments about this being a unfair ruling? Â The rules have to be followed! Â Isn't it better to "catch it now" than have it be the basis for appeal? Â It's a simple re-file process. Â Follow the rules and it can move forward. Â
Resubmit the petition with corrections , and file a petition of grievance against the ruling judge for bias , got to play their game , of corse the rule are ridged with us / people and lenient with government officials. Welcome to the new world order.
 @realdeal Paranoid much?
Why isn't it the people's choice to have a recall? Once again, the system is usurped by partisan judges who circumvent the will of the people...
 @takncarabizniz It had nothing to do with a partisan judge. Good grief. The reason the affidavit has to be notarized is to be able to hold the person accountable for their claims if they prove to be false and malicious.
How to tell if the article is about a crooked DEMOCRAT or Republican...
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Democrat - the article will fail to mention party affiliation, or mention it as infrequently as possible and if necessary bury it in the article..
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Republican - the TITLE of the Article will start off "Republican so and so blah blah blah.."
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REARDON is a CROOK.
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REARDON is a DEMOCRAT.
@Truth Percolates The PDC will stall all inquiries into Democrats campaign funds.
It would seem that they make it as impossible as they can to remove someone from office and that kind of removes the right of average citizens to get rid of those whom they no longer want in office. That's just wrong.
@Jatok especially for those who are owed political favors. elections have a cost, you know.
 @Jatok So rules and due process should be ignored? Â
Where does someone not get due process by calling in someone who may have forgotten a signature? And if she didn't want to sign it she would have said so in the phone call. Judges bend the rules every day. Don't give me that malarkey. Due process has absolutely nothing to do with a missed signature. If anything the woman who filed should have gotten due process with a simple phone call.
@Granny_MAC
Her due process comes in the fact that the case was dismissed without prejudice. She can re-file. Now, wasn't that simtple?
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 @Granny_MAC Once it's filed, it has to be right. All that needs to happen is she refiles it. Why is that such a big deal?
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This wasn't about a missing signature. Perhaps you should try understanding the story before posting silly comments that make you look well....... not so bright.
 @JCCBlvu The last comment was for JCCBlvu
Why refile the same thing. Just send it back corrected. Heck, she has a phone I'm sure. Go something like this. 'You forgot to sign the petition so come on down to thec ourthouse and sign it'. Well, at least the county gets another filing fee.
The courts can't advocate for one side or the other. Â What is filed is what is of record. Â
@JCCBlvu It's not advocating. It's called common sense. The Judge should have told the court clerk to get someone to call the woman who filed at the phone number left on the paperwork. She should have been asked if she wants to sign it properly and come in and do it before close of business.. It's really quite simple but some people just have to make things hard. It''s like making applesauce. It's not rocket science you know.Â
 @Granny_MAC  @JCCBlvu Wow. You just don't get it, do you? It's not about her signature.
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The law (you know, those pesky things that we are all supposed to obey?) requires that she swear under oath that she believes the allegations to be true. She did not provide such a sworn statement as the law requires, therefore, the filed documents are invalid.
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Simple enough for you?
 @Granny_MAC  @JCCBlvu It's not rocket science to file it correctly in the first place either!
LOL ! Looks like Exec. Rear-end has friends in high places ! !
Too bad that we can't generate a recall petition ... "without cause". My daughter was murdered (in a different county). The sheriff has refused to investigate, and I'm helpless to do anything ... due to current laws. The local media (KOMO, King, KIRO, S-Times) will not pick up the story; and the local paper is not very large (reflecting the population of the county).
Some of the details can be found here:
http://www.bomarc.com/roseann/default.htmÂ
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Some times we just need a bad apple removed.
This comment has been deleted
@Bomarc Bomarc, I am so sorry for your loss, and frustrating battle with officials.have you contacted John Walsh at AMW?
@Saving Grace I've not tried him -- and I will; my concern is that he usually represents LEO, and in my (our)Â case there is a bad (LAZY!) LEO.
So he got away with it. Because of a technicality.Â
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How nice.
 @Audio Cat He didn't get away with anything...yet (although he probably will). He is being investigated by the Public Disclosure Commission (what ever the hell that means), plus this petition can be re-filed.
 @Audio Cat It was dismissed WITHOUT prejudice.  It just has to re-filed and the rules have to be followed.  Â
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But, how does he "get away with" a recall petition?
 @Audio Cat Huh? Did you read the story? She is going to refile. How is it Reardon's fault (no fan, I think the guy should resign) that the person filing the petition:
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a) Didn't understand the law on how to file a petition
b) Submitted an incomplete petition
c) The judge saw a and b and said, "due process" must be followed
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She already said she is going to refile and do it CORRECTLY.
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A technicality? Yes. Would you want YOUR due process violated if the accusations were on you? Ya - didn't think so. I know, that Constitution and those silly "rules" getting in the way and checks and balances. Much better to have random petitions all the time with no sworn evidence to support them. That's what we need, more people wasting the court resources!
 @Audio Cat Got away with being recalled? How do you get away with something you didn't initiate?