Lawsuit against builders' group can proceed, judge rules

A King County Superior Court judge ruled today that a lawsuit alleging improper campaign coordination between Dino Rossi and the Building Industry Association of Washington (BIAW) could proceed, rejecting arguments by the builders and the state attorney general that the court lacked jurisdiction to hear the case.

Judge Paris Kallas left open until Monday the question of whether Rossi would have to testify under oath before the election about his role in BIAW fundraising.

Kallas said that Rossi was improperly subpoenaed to testify by lawyers seeking to depose him before the election. She said Rossi's lawyers were not notified in a timely fashion of the request for a subpoena depriving him of rights "at the heart of due process."

Kallas asked lawyers to submit written arguments on the issue of deposing Rossi before the election on Monday and she is expected to rule on that Monday.

If Kallas does not quash the subpoena on Monday, Rossi's deposition is scheduled for Wednesday, said Aaron Ostrom, a liberal activist who is working with Lowney.

Attorneys who filed the lawsuit for two former state Supreme Court justices, who are supporters of Gov. Christine Gregoire, argued the public needs to know before the election if Rossi coordinated his campaign with the BIAW, which has spent $7 million supporting him.

"The fact the judge gave (Rossi's lawyers) until Monday morning says she's taking the issue very seriously and will rule on it," attorney Mike Withey said.

Rossi's lawyer maintained that Rossi will cooperate with a state Public Disclosure Commission investigation of improper coordination and he has answered reporters' question about coordination, denying that he did anything illegal.

"But he doesn't want a politically charged lawsuit to be the arena in which he gives sworn testimony," Mike Patterson said.

The BIAW's lawyer, Harry Korrell said the risk was too great that something Rossi said under oath could be twisted and used as "political theater" to "ambush" Rossi with an October surprise.

"Everything that happens in this case is fodder for a news release" by Knoll Lowney, one of the lawyers for the justices, Korrell said.

The justices' lawyers say if the truth of Rossi's role in BIAW fundraising is not learned until after the election, then campaign laws requiring timely disclosure of contributions would be made moot.

"A lot of people are concerned this would be creating a loophole that will swallow the rules," Lowney said.

Kallas had harsh words about a letter from the Attorney General's Office written last week that said the court lacked jurisdiction to hear the lawsuit because Lowney hadn't properly raised the issue of illegal campaign coordination.

"I give no weight to that letter," Kallas said, calling it a "subjective attempt which is not appropriate."

Bob Young: 206-464-2174 or byoung@seattletimes.com