AG's office clarifies comments regarding BIAW-Rossi lawsuit

The state Attorney General's Office says a lawsuit alleging illegal campaign coordination between the Building Industry Association of Washington and Republican gubernatorial candidate Dino Rossi did not appear to follow proper procedure and should be investigated by state watchdogs first.

"They are not following the proper process," AG spokeswoman Janelle Guthrie said Friday about a lawsuit filed by two former Supreme Court justices in King County Superior Court on Monday.

Guthrie was trying to clarify a letter from the AG's office on Thursday that the Rossi campaign spun as meaning "this lawsuit cannot go forward."

Not quite true, the AG's office said. It's up to a King County Superior Court judge to decide if the lawsuit has merit and should proceed.

"The lawsuit commenced in King County Superior Court will continue unless and until the judge in that case dismisses it," the AG's office emphasized in a statement Friday.

The BIAW's lawyer, Tim Harris, agreed: "The lawsuit isn't dismissed until the judge says it's dismissed."

That means the lawsuit still might go forward and Rossi still might be required to testify under oath before the election about his role, if any, in helping the builders group raise campaign funds.

The BIAW has spent $2 million this year, mostly on ads attacking Rossi's opponent, Gov. Christine Gregoire. If Rossi coordinated with the group, and was a candidate at the time, BIAW's spending may not be an independent campaign and could violate limits on political contributions.

Rossi denies coordinating on fundraising, and his campaign says the lawsuit is political harassment by Gregoire supporters. Knoll Lowney, the lawyer who filed the suit on behalf of former justices Faith Ireland and Robert Utter, said the AG's letter "appears designed to assist" Rossi.

At issue are mind-numbing rules and timelines governing so-called "citizen action" suits. Under an interpretation of state law by Senior Assistant Attorney General Linda Dalton, the state Public Disclosure Commission should have 45 days to investigate the justices' complaint about coordination and recommend action, such as penalties, before the lawsuit can proceed in court.

Why? Because the AG's office already is suing the BIAW based on an earlier complaint by Lowney that did not include the claim that Rossi coordinated with the builders group on fundraising. If Lowney introduces a new "citizen action" complaint, the process calls for the state to have first crack at it, by investigating and acting within 45 days before Lowney can file a suit.

"It's the government's job to enforce those laws. He can't enforce the public-disclosure act on his own," Harris said.

Lowney disagreed in a written response to Dalton. He contends his earlier complaint did claim "improper coordination" but the AG's office opted not to include that in a lawsuit it filed Sept. 19 accusing the BIAW of not reporting campaign contributions of $584,000 in a timely fashion.

Harris says Dalton's interpretation could be a "big help" in urging the judge to dismiss the lawsuit.

In the meantime, the two sides are expected to argue in court next week about whether Rossi can be forced to testify before the Nov. 4 election. His lawyers are seeking a protective order to prevent depositions before the election.

Bob Young: 206-464-2174

or byoung@seattletimes.com