Wash. Supreme Court published opinion — 989681.pdf

Citation: Wash. Supreme Court published opinion — 989681.pdf
Jurisdiction: Washington (state)
Source: Official source
Original Source: https://www.courts.wa.gov/opinions/pdf/989681.pdf ↗

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instead, contends that he was supplementing the record with relevant documents. We

grant the motion to strike the appendix and all reference to the appendix contained

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
In re Recall Charges Against Benton County Sheriff Gerald D. Hatcher,
No. 98968-1

within Sheriff Hatcher’s reply brief. See Nelson v. McGoldrick, 127 Wn.2d 124, 141,

896 P.2d 1258 (1995) (granting motion to strike portions of brief that alleged facts

unsupported by the record and included evidence not submitted to or considered by

the trial court).

CONCLUSION

We affirm the superior court and find that all of the charges are legally and

factually sufficient. Recall petitions are read broadly, as a whole, and in favor of

the voter. The recall petitioner has alleged facts that, when viewed through that

lens, establish a prima facie case of misfeasance, malfeasance, and unlawful

conduct for each charge made against Sheriff Hatcher, for which there is no

reasonable justification.

Accordingly all eight charges contained in the ballot synopsis may proceed

to the voters.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
In re Recall Charges Against Benton County Sheriff Gerald D. Hatcher,
No. 98968-1

Whitener, J.

WE CONCUR.

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