State Supreme Court sides with Killian in dispute with judges

PASCO, Wash.-- The Supreme Court of the State of Washington has sided with Franklin County Clerk Michael Killian in a dispute with Benton and Franklin Counties Superior Court Judges over paper.

Killian started implementing a paperless office several years ago, following the lead of some of the largest counties in the state.

When judges told Killian to continue using paper files in addition to the electronic files, he refused.

So, the judges got together and adopted a local rule on January 16, 2018 directing the clerk's offices in Benton and Franklin Counties to maintain paper files for all cases unless authorized in writing by the court.

Killian refused, and continued to only use the online Odyssey system.

In March 2018, the seven judges joined together in filing a lawsuit against Killian, who is an elected official. The Franklin County Superior Court sided with the judges and issued a writ of mandamus to force Killian to follow the local rule. Killian appealed the case to the Supreme Court.

READ MORE: Benton-Franklin County Superior Court judges filed lawsuit against County Clerk

Today, the state Supreme Court issued its ruling on the suit, and sided with Killian, tossing out the writ and saying "...the county clerk, not the superior court, gets to choose the format in which court documents are maintained."

The judgement from the Supreme Court states that the judges' attempt at implementing a local rule "was an impermissible attempt to usurp the county clerk's discretion."

In their response to the appeal, the judges asked to be reimbursed for attorney's fees. The Supreme Court judges denied the request.