Judge rules court lawfully appointed Seattle lawyer

Mason County Superior Court Judge David Stevens on April 22 denied a writ of mandamus filed by a Seattle-area attorney suing a Mason County District Court judge for appointing him to defend a local man charged with DUI.

Jonathan Lewis, who has a legal practice in Seattle, sued Mason County District Court and Judge George Steele on Feb. 27, saying Steele improperly appointed him to defend Martin Andres Alonzo, who was being charged with DUI for the third time and whose primary language is Kanjobal.

Lewis said the appointment violated GR 42, a state general rule regarding public defense, but Steele argued he had every right to make the appointment because Mason County was without adequate public defenders at the time.

Steele later removed Lewis from the case.

Lewis continued with the suit, saying the matter wasn’t moot because he could always be appointed again if Mason County needed defenders.

At Monday’s hearing, Stevens agreed the subject was not moot, but found Steele acted legally.

Jeffrey Myers, attorney for Steele and the district court, said Steele’s declaration filed in the case made it clear he would not be appointing Lewis for any more cases.

“Although I continue to believe that my appointment of Mr. Lewis was authorized by law, Mr. Lewis’ conduct made me reconsider whether he should be representing anyone where the county is obliged to provide an attorney,” Steele wrote in the declaration.

“That was a polite way of saying he won’t be appointed again,” Myers said at the hearing.

“He doesn’t specifically say he won’t,” Stevens replied.

Stevens said if the issue wasn’t decided now, it could set up a process where the judge could appoint attorneys and just remove them if they complained, so the method of appointment is never reviewed.

After winning the mootness point, Lewis’ attorney, Jason Schwisow, did not convince Stevens that Steele acted illegally.

If a public defender’s office has no defenders to appoint, they — in this case Judge Steele — can appoint private defense counsel, Stevens said.

He wasn’t addressing the “wisdom” of appointing Lewis, just the “authority” of Steele to do so, Stevens said.

“It was bad form,” Stevens said, for Steele to not ask Lewis first or even enquire if Lewis had availability.

Lewis, who attended the hearing, spoke briefly after the verdict.

“All he had to do was ask. A little decorum,” he said.

A final order in the case is scheduled for May 6.