Editorial: Kelley keeps state on hold with refusal to step down

Has anybody here seen Troy Kelley?

Perhaps the phantom will appear today in Pierce County Superior Court, where Judge Frank Cuthbertson is scheduled to hear a motion for his recall as Washington state auditor. Thing is, Kelley has not been state auditor for the last week.

He took an unpaid leave of absence as of May 1.

A federal grand jury indicted Kelley on April 15 on 10 charges, including the filing of false tax returns, related to his business affairs prior to taking office Jan. 1.

Kelley has been underground since the U.S. Department of Justice released the grand jury findings. This week he became an unperson as far as his own office is concerned. On the agency’s website, his self-appointed substitute, Jan Jutte, is now identified as acting auditor. Jason JeRue, the California-based business partner to whom he gave a part-time appointment, has been fired.

Kelley, however, remains the once and possibly future auditor until the federal charges against him are resolved. A trial had been set for next month, but the tax lawyer Kelley hired to help defend him resigned, which may delay the proceedings. His criminal attorney remains in place.

A conviction would open the way to an impeachment effort. But it would take only a modest legal effort by Kelley to delay final resolution of this case to the end of his term.

And unless the ongoing investigation develops information that Kelley committed malfeasance after taking office, the Legislature will have no grounds for ousting him from office while the criminal case continues.

The alternative is a recall effort. Unfortunately, the recall petition before Cuthbertson looks pretty flimsy. Filed by Will Knedlik, a former state legislator who was disbarred, the claim is based on alleged mishandling of Sound Transit audits, JeRue’s hiring, and the fact Kelley does not live in Olympia.

Attorney General Bob Ferguson, who is among those calling for Kelley to step down, must nevertheless defend him on the charges related to Sound Transit. There is little likelihood Cuthbertson will find enough substance to Knedlik’s claims to allow for a recall initiative.

If Kelley were to do the right thing, and resign by Monday, a special election for a replacement could be held this year. If not, the auditor’s office will remain in limbo for almost two years, although Jutte is a solid stand-in.

A few legislators have initiated a late effort to permanently oust Kelley by introducing a bill that would expand the definition of office “vacancy” to encompass declared leaves of absence. The question: Declared by whom?

With Washington’s history of clean government, there has been little attention paid to dilemmas like the one Kelley poses now. He may be innocent of the charges against him, but his dissembling to Washington voters about his business actions disqualifies him for state auditor.

If he could see this himself, maybe the phantom would go away.