Current county clerk opposes appointed position

Clark County’s clerk argued during a county council meeting Wednesday that the person in his position should continue to be elected by voters rather than appointed by Superior Court.

Councilors declined a July 9 request from Superior Court to ask voters in November to consider making the county clerk position appointed rather than elected, but said they wanted to hear from absent Scott Weber on the issue at a future meeting.

Weber told the council he was in favor of the position being appointed after being elected to the role in 2010 but has since changed his mind.

“The county clerk’s purpose is to ensure the separation of powers amongst the three branches of the government by preserving the integrity of the judicial (branch) and by being independent of the judiciary branch,” Weber said. “The clerk protects the judiciary from the appearance of impropriety and unfairness in setting cases, processing orders or investing of funds.”

The county clerk handles a variety of administrative and clerical responsibilities for Superior Court, including maintaining court files, processing documents, overseeing records, and collecting and dispersing court fees.

Weber argued an appointed clerk would have difficulty declining a request from the superior who hired them, even if the request was “unwise, not in the public’s interest, or in a rare occasion, unlawful.”

“The clerk should be independent and directly accountable to the voters,” Weber said.

Weber said that clerks are elected in 35 of Washington’s 39 counties and in “many, if not most, other states.”

“We have excellent judges in Clark County when it comes to their court role of determining and applying the law and running their courtrooms,” he said. “However, they’re not administrators or managers. … Over time, it’s become apparent that judges should not preside over court cases and at the same time also perform clerical functions of the clerk, such as taking minutes, handling exhibits, handling search warrants and processing various court documents.”

Independence of county clerk

Weber said the independence of county clerks has been crucial for modernization and recordkeeping. He challenged Superior Court’s assertion that the county should move away from OnBase, its current online case management system.

“The 1889 parameters of the Washington Constitution determined to make the job elected,” Weber said. “Disagreements over computer programs are not an adequate reason to change the framers’ intent.”

Presiding Superior Court Judge Derek Vanderwood said on July 9 that the court officials’ proposal did not stem from a personal conflict with Weber.

“It’s an appropriate and important issue for the voters to consider,” Vanderwood said. “Interestingly, the Washington appellate courts, federal courts, they’re all set up to have administration within their own purview, not as a separate entity outside. I think there’s a reason (for that).”

Charlene Huffman, the county’s deputy chief clerk, said that several of Superior Court’s assertions were inaccurate. She highlighted Weber’s efforts to find efficiencies and streamline processes despite staffing shortages. She said that switching to the state’s Odyssey case management system, a change advocated by Superior Court, would be cost-prohibitive.

“The core of the Superior Court proposal to change the clerk from an elected to an appointed position are not matters of law but rather complaints regarding management issues,” she said.

Councilors said on July 9 that the proposal should be researched by the county’s charter review commission. The commission’s 15 seats are on the November ballot, with candidates campaigning for the positions now.

“I do not believe Mr. Weber’s comments changed anything, as the council’s directive was clear last week,” Council Chair Sue Marshall told The Columbian after Wednesday’s meeting. “I believe some of the council did not support changing the clerk’s position to an appointed position rather than an elected position, but that if it was to be considered, the appropriate venue would be the charter review commission that will be forming at the end of this year.”

Doug Flanagan: 360-735-4669; [email protected]