Judge Dismisses Harris Records Suit
Published on May 14, 2008
In a clear setback for the Center for Justice and the Neighborhood Alliance of Spokane, a Lincoln County Superior Court judge has dismissed the Alliance’s two year old public
records suit against Spokane County. The Center for Justice represents the Alliance.
“I just don’t see the evidence that the documents exist that you’re looking for,” Judge Philip W. Borst told Center for Justice attorney Breean Beggs.
The Alliance’s lawsuit was filed two years ago after the Alliance began to suspect the county was purposely refusing to turn over records that would provide evidence needed to determine whether Stephen Harris, the son of then-County Commissioner Phil Harris, was selected for a county position before the job opening was publicly advertised. The Alliance sought the records with a public records request filed in May of 2005.
Where Beggs had argued that the facts showed the County violated its responsibilities to conduct a thorough search under the state’s public records act, Judge Borst clearly saw the case in different terms. He made clear in his ruling that he was looking for clear evidence that the County had knowingly destroyed computer files in order to deny the Alliance the information sought by the records request. While Borst allowed for the possibility that county officials may have purposely destroyed records related to Harris’s hiring, he concluded that the case should be dismissed because no clear evidence of willful destruction had been presented.
“Maybe they shouldn’t have destroyed that computer,” Judge Borst said, referring to a key computer hard drive that was “wiped” after the Alliance had filed its records request. “But they do that all the time.”
“I’m not saying you’re not right,” Judge Borst told Beggs. “You could be right, but from my standpoint the facts aren’t there to back it up.”
The Center and the Alliance have not yet decided whether to appeal yesterday’s ruling.