Superior Court Judge dismisses effort to recall County Commissioner Al French

A judge appointed to represent the Spokane County Superior Court Thursday dismissed the recall petition filed last month against Commissioner Al French.

Judge Gary Libey found there were not sufficient grounds for the petition, which alleged French violated his oath of office and engaged in wrongful conduct as part of his official duty, to move forward. Libey’s ruling was not publicly available as of press time Thursday, but attorneys offered their interpretations of the decision when reached by The Spokesman-Review.

Libey, who’s served as a Whitman County Superior Court judge since 2017, was appointed to preside over the matter. Libey received notoriety last year as the judge who decided Oregon State University and Washington State Unversity’s lawsuit against their outgoing Pac-12 members.  

Libey’s decision Thursday was on the basis the petition was not filed in a timely manner, as attorney Mark Lamb, who represented French in the case, successfully argued. State law and subsequent decisions from the Washington Supreme Court do not allow recall petitions to be filed so closely to a candidates bid for reelection.

The petition was filed by Mary Benham and a newly formed group called the Clean Water Accountability Coalition, with support from the liberal activist group FUSE Washington. It alleged the commissioner used his position to orchestrate a cover-up of the PFAS-contaminated groundwater on the West Plains.

French said the recall effort was a “frivolous” politically motivated attack, and he was glad to see the courts throw it out.

“I’ve served with honor and integrity, and this just vindicates what I’ve worked so hard to do for my constituents,” French said.

Lamb argued the petition and the allegations within were factually insufficient and lacked a valid legal argument. Lamb said Libey also upheld those arguments today.

“He found, on the substance, that each and every one of the recall charges was insufficient, and that Commissioner French had been following the law,” Lamb said.

Knoll Lowney, the attorney representing Benham and the coalition, said the case was only dismissed “on a technicality.” He plans to file an appeal.

“On behalf of the community that I represent that has been drinking, literally drinking poisoned water, we’re very disappointed,” Lowney said.

Libey also ordered Lowney to release who has covered the costs of his services to the Public Disclosure Commission as is legally required by Oct. 31. Lamb said he’s never seen a judge hand down that mandate when representing a target of a recall petition over the past 26 years.

Lamb called the decision a win for the integrity of local elections.

“What today’s ruling emphasizes is that the people decide who their elected officials are,” Lamb said. “Dark money, particularly Seattle dark money, shouldn’t be deciding who the people of Spokane County decide to represent them.”

Lowney said he was planning all along to report the financials of the recall petition.

Editor’s note: This article was updated to accurately reflect the background of Judge Gary Libey’s role in presiding over the case.