County told to pay defense costs

By Christine Clarridge
Seattle Times staff reporter

E-mail this article Print this article Search archive

A King County Superior Court judge says a decision by lawyers for the county not to pay the legal fees of three officers charged with assault was "arbitrary," "capricious" and a "grossly apparent" conflict of interest.

In scathing terms, Judge Jim Doerty said attorneys with the King County Prosecutor's Office should never have been involved in the decision on whether to pay the officers' legal fees in a case being tried by criminal prosecutors in the same office.

"It is grossly apparent to me that the situation never should have come here," Doerty said. "They should have instantly stepped aside and brought in the (state attorney general) or some other neutral agency to make the decision."

Doerty ordered the county to pay all legal costs to date for King County sheriff's Deputies James Keller and George Alvarez and Des Moines police Officer Barron Todd Baldwin.

"We're thrilled," said Attorney Anne Bremner, who is defending Alvarez. "The judge did the right thing."

Doerty also ordered the county to appoint a special master to oversee all future legal expenses for the three law-enforcement officers.

The three men, all part of a countywide drug task force, were accused of beating an uncooperative informant, and each was charged in October with unlawful imprisonment and misdemeanor assault.

County civil prosecutors had argued the county was excused from covering the officers' legal fees by a clause stating that employees could have their legal fees paid only if they were acting lawfully and in good faith.

Baldwin, the Des Moines officer, qualifies under the county's coverage rules because he was part of the countywide task force.

Defense attorneys Bremner, David Allen and Richard Hansen, who represent Alvarez, Keller and Baldwin, respectively, said denying the men legal protection because they have been charged with a crime is tantamount to convicting them before they have had a chance to go to trial, which is set to begin in April.
 
Doerty said the officers were at work when the alleged assault occurred and therefore are entitled to the same benefits afforded other county employees.

"All law-enforcement officers and public employees need to know they have insurance," Doerty said.

"We don't want a situation where law-enforcement officers are on the street having to second-guess whether they will be covered if they make a mistake."

Last week, Alvarez and Keller were told a supervisor had reviewed the charges against them and was recommending their termination.

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com

Copyright © 2004 The Seattle Times Company