Nerditorial: How Many Branches of Government Does Whatcom County Have?

So, I posted this video recently from the January 25, 2011 Council Meeting.

The post has generated some interest, and some comments. Including...

... If Frakes knew she was going to file the motion and did not need Council to approve it, why make a big deal about the emergency meeting? What was the emergency and what was done about it? ...

Bear in mind that this was posted by one of our many Anonymous commenters.

The point made, anonymously or not, is one worth addressing.

What authority does Ms. Frakes, or the Prosecuting Attorney's office itself, have in this matter?

According to State Law, a Prosecuting Attorney's duties include...

RCW 36.27.020 Duties.

(4) Prosecute all criminal and civil actions in which the state or the county may be a party, defend all suits brought against the state or the county, and prosecute actions upon forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county;

However, there is the matter of the County Charter.

Section 1.50 Separation of Powers and Cooperation of Branches.

There shall be separation of powers into two branches of government: executive and legislative. Both branches are to dutifully fulfill their responsibilities and refrain from overextending their authority, as defined in this Charter.

Just for clarity, there are not three branches of government in Whatcom County.

Only two.

Charter says so.

So, Ms. Frakes was either operating under the authority of the Legislative Branch or the Executive Branch. And since the Charter seperates them into two branches, Ms. Frakes appears to lack the authority to lump those branches together as "the client". Her authority comes from one or the other.

Section 3.22 Powers and Duties.
The County Executive shall have the power to:
...
(h) Sign or cause to be signed, on behalf of the County, all claims, deeds, contracts and other instruments.
...

Does this section of the County Charter cover filing motions. Does a motion conform to the definition of "claims, deeds, contracts and other instruments"?

It is significant that the County Prosecutor appears in Section 3 of the Charter, which describes the Executive Branch.

Section 3.55 County Prosecuting Attorney.

The County Prosecuting Attorney shall have all the powers, authorities and duties granted to and imposed upon a Prosecuting Attorney by State law.

So, it could be argued that Ms. Frakes was fulfilling her duty to "defend all suits brought against... the county" as imposed upon her by State Law.

However, take a look at what the RCW has to say about the authority of attorneys to act in general...

RCW 2.44.010 Authority of attorney.

An attorney and counselor has authority:

(1) To bind his client in any of the proceedings in an action or special proceeding by his agreement duly made, or entered upon the minutes of the court; but the court shall disregard all agreements and stipulations in relation to the conduct of, or any of the proceedings in, an action or special proceeding unless such agreement or stipulation be made in open court, or in presence of the clerk, and entered in the minutes by him, or signed by the party against whom the same is alleged, or his attorney;

I have a hard time believing that any Prosecuting Attorney can just unilaterally file motions on behalf of "the client", without "the client" signing off on that action.

And as far as this motion being "routine"... so is an oil change. But your auto mechanic gets your permission before changing the oil on your car, even if it is obvious that it needs to be done.

Does the Prosecuting Attorney's office owe a lower duty of care to the County than your auto mechanic owes you when servicing your car?

I don't think so.

But then, I didn't go to law school, so what do I know?