West recall effort survives latest challenge

A visiting superior court judge has ruled in favor of proponents of an effort to recall Spokane, Wash., mayor Jim West, tossing out a petition that sought to invalidate a large signature drive. On Friday, Chelan County judge T.W. Small tossed out a petition filed by Spokane lawyer Steve Eugster, a former city councilman, who had sought to stop the signature validation process.

Eugster argued the signatures were collected illegally because they were gathered before the state supreme court issued its written reasons for allowing the recall campaign to proceed.

The high court on August 24 issued an order affirming a lower court's ruling that recall petitions could be circulated, but Eugster contended that signatures couldn't be gathered until the justices put their reasons in writing. "I'm pleased. Justice prevails again," recall sponsor Shannon Sullivan said after Small's ruling. She appeared at Friday's hearing on her own behalf.

Sullivan told Small that she "had heard a lot of legal technicalities today," but for a person without a law degree it appeared the supreme court's August 24 order was in fact a decision. Small agreed, saying it was clear to him that the high court order was a decision.

Also on Friday, Spokane County auditor Vicky Dalton said her office has passed the halfway point in validating the 12,567 signatures needed to qualify the recall for a mail-in ballot. Proponents of the recall submitted 17,343 petition signatures on September 21. Dalton said a mail-in election would likely be scheduled for December 6.

The recall campaign was prompted by articles in The Spokesman-Review newspaper that accused West of offering City Hall jobs, professional game tickets, and cash to young men he met in an online gay chat room. West has acknowledged poor judgment but denies doing anything illegal. He has not been charged with a crime, but the FBI is conducting a public corruption investigation.

The recall petition specifically accuses West of abusing his office by offering to help a man he thought was an 18-year-old obtain a City Hall internship in exchange for sex. The chat room participant was actually a computer expert the newspaper hired to track West's online activities. (AP)