A Little Known Fact About Public Defenders

A lit­tle known fact about pub­lic defend­ers is that many are very inter­est­ing peo­ple.  I mean unique, inter­est­ing peo­ple, with unique insights into human nature.

I was a pros­e­cu­tor for a good many years, and to some extent accepted the prosecutorial-law enforce­ment judg­ment that pub­lic defend­ers were just try­ing to get their clients “off” and, by impli­ca­tion, were “dirty.”  After I reached a cer­tain level of matu­rity as a pros­e­cu­tor, I began to lose sleep over the way we treated some folks.  I got to the point where pros­e­cu­tion was not a viable option for me, so long as I was expected to put par­ti­san­ship ahead of jus­tice.  I would pros­e­cute again if I was per­mit­ted to exer­cise ordi­nary human judg­ment and not expected to bend my will to con­form to a party line.  I don’t do well with party lines and I don’t much cot­ton to party peo­ple.  I always won­der what’s miss­ing from them.

Today I had the oppor­tu­nity to talk to a few of my pub­lic defense friends, and in par­tic­u­lar observed one young woman talk­ing to clients, and I real­ized, as I watched her work, that she could see some­thing in her client and his rel­a­tives that the par­ti­san types would miss — mostly because par­ti­san­ship of any kind is a form of pride: “my team (church, town, polit­i­cal per­sua­sion) is bet­ter than yours.”  What kind of human skips the label­ing and see the person?

One who dares to be free.

The ABA Rules of Pro­fes­sional Con­duct posits this ideal for lawyers:

A lawyer’s rep­re­sen­ta­tion of a client, includ­ing rep­re­sen­ta­tion by appoint­ment, does not con­sti­tute an endorse­ment of the client’s polit­i­cal, eco­nomic, social or moral views or activities.

This is as good a sum­ma­tion as I’ve ever read of what pub­lic defend­ers do: they pro­tect the sys­tem from the zeal­ous and the cruel.  Believe it or not there are police offi­cers, lawyers, and judges in the sys­tem who put pride and ego before all other con­sid­er­a­tions.  It’s a prob­lem wher­ever you find bureau­cracy, whether reli­gious or polit­i­cal or private.

In truth, the his­tory of lawyers is a his­tory of pub­lic defense, and pros­e­cu­tion.  In ancient Rome you hired a lawyer to pros­e­cute or defend crim­i­nal cases.  There was no police force, no crim­i­nal jus­tice sys­tem.  When Abe Lin­coln was a young man, hun­gry lawyers stood around the cour­t­house and waited for some­one who was hard up for rep­re­sen­ta­tion to hire them — per­haps for a meal, and a place to sleep.  That was pretty much the state of things in Amer­ica until World War II, in many rural parts of the coun­try.  Even when I was a young lawyer, many coun­ties in Wash­ing­ton sim­ply went down the list of local bar mem­bers and assigned coun­sel a case.  Some sap who went to law school to write wills for folks might find him­self sit­ting next to a mur­derer at an arraign­ment table.  The truth is, in many respects those defen­dants received good rep­re­sen­ta­tion because the lawyer felt oblig­ated to the court and bar to do a good job, which usu­ally meant he talked the case over with all his crim­i­nal defense friends, until he got the hang of things — and the fact is, up until 1985 or so, local lawyers had more depth because the crim­i­nal jus­tice sys­tem forced peo­ple out of their com­fort zones.  I knew lawyers who went to law school on the GI Bill out of World War II and Korea who were fan­tas­tic lawyers.  They cut their teeth on crim­i­nal cases.

The level of orga­ni­za­tion we have now started right around World War II and has improved with every decade.  The sys­tem we have is very sophis­ti­cated and con­sis­tently deliv­ers admirable legal ser­vices, from both the pros­e­cu­tion and defense sides.  That is largely because the folks who get paid to do those jobs do them EVERY DAY.  I’ve known pub­lic defend­ers who I would read­ily pre­fer to the high­est priced lawyers out there, because the guys who are try­ing cases in the trenches every day get very, very nimble.

Not long ago, I was told that I had pres­sured a client into tak­ing an offer — which was news to me, since the pros­e­cu­tion hadn’t made an offer.  This is how peo­ple talk about pub­lic defend­ers, because pub­lic defend­ers are a very con­ve­nient whip­ping boy, and the folks doing the talk­ing have no idea how the sys­tem works so they, in effect, fill in the blanks with state­ments that are per­haps less than accu­rate.  It’s a part of what belea­guered pub­lic defense types have to put up with.  You get used to it, and you do your job not because of money or glamor, but because you actu­ally care about the peo­ple you rep­re­sent and because you want to do a good job.  It’s really great when peo­ple can see that and acknowl­edge it.  Quite a few do, thankfully.

I couldn’t help but recall, as I watched this young woman deal­ing with clients today, that nearly all my pub­lic defense friends are quite human, very engag­ing, and inter­ested in life, whereas — dare I say it? — the per­sons who defend the Cas­tle from those maraud­ing crim­i­nals and their scum­bag lawyers .… I don’t know.  Don’t have much imag­i­na­tion?  Just seems like Franz Kafka was writ­ing about those dog­gone rule enforcers more than any­one or any­thing else.

I sus­pect.

Clal­lam County Age Dis­crim­i­na­tion Case Set­tled for $1.6 Million

ALL RIGHTS RESERVED BRUCE HANIFY 2012

Talking Raven Interview, Seattle 1993

In 1993 I gave an inter­view to Antero Alli for his Seat­tle under­ground news jour­nal, Talk­ing Raven, Jour­nal of Imag­i­na­tive Trou­ble.  Antero, founder and direc­tor of ParaThe­atri­cal Research, is a poly­math, and has an uncanny knack for see­ing the things other peo­ple can’t (see Angel Tech: A Mod­ern Shaman’s Guide to Real­ity Selec­tion).  I highly rec­om­mend that you explore his writ­ing.

I made one good friend from this inter­view; and one solid enemy.  The ideas expressed herein I think are pretty good, but I’ve never met any­one will­ing to take them to the next step.  Insti­tu­tions tend to be institutional.

Inter­est­ing read, any­way, so I’ve included it.

This is the inter­view, as it was printed, word for word.

Inter­view­ing the Law BRUCE HANIFY Deputy Pros­e­cut­ing Attor­ney Yakima County, WA: Nar­cotics Divi­sion

Over the last sev­eral issues, TALKING RAVEN has fea­tured inter­views with knowl­edge­able experts and pro­fes­sion­als from respectable insti­tu­tions and gov­ern­ment agen­cies. I knew this “intox­i­ca­tion” issue would be incom­plete with­out talk­ing to a narc. Bruce Han­ify is not your aver­age nar­cotics offi­cer; his peers respect his work and prob­a­bly con­sider him a mav­er­ick in his field, which is pros­e­cu­tion. Mr. Han­ify is one of those guys you head off with in a court of law after you’ve been arrested for a ncarcotics-related crime in Yakima County, WA. To many out­siders, Yakima is a postcard-perfect pic­ture of whole­some North­west Amer­i­cana. (One of my favorite actors, Kyle MacLach­lan, hails from Yakima.) To Bruce Han­ify, his co-workers and supe­rior offi­cers Yakima is a major drug war con­duit with an inces­tu­ous under­belly of state wel­fare pro­grams. Han­ify was vaca­tion­ing on the Olympic Penin­sula when he agreed to meet me and chat about “intox­i­ca­tion.” Well over six foot and maybe 200 pounds, Han­ify, 38, has a fighter’s gait and some­times speaks tru da side uv hiz mout when mak­ing a point. His short com­bus­tive laugh, like a mis­fired shot­gun blast, occa­sion­ally pep­pers our con­ver­sa­tion. Hanify’s eyes are kind, I thought, from see­ing too much that wasn’t. Dur­ing an oth­er­wise pleas­ant meet­ing, I couldn’t help feel­ing under the influ­ence of a series of small, com­pletely irra­tional teenage para­noid flash­backs: “I CAN’T BELIEVE I’M TALKINWITH A NARC, MAN!” — ANTERO ALLI

TALKING RAVEN: What do you do and long have you done it?

BRUCE HANIFY: Half of my work at this point is drug prac­tice which involves search and seizure and privacy-type issues and I’ve been work­ing for the Nar­cotics Divi­sion since 1990. The law enforce­ment empha­sis in Yakima, which I think is the same for most Wash­ing­ton coun­ties, is in the­ory to go out and get the deal­ers .… an art form in itself. But, in prac­tice, a lot of the peo­ple that get nailed are peo­ple who are guilty of sim­ple pos­ses­sion. In other words, the Class “C” felony, which means, in actual sen­tenc­ing, 20 to 30 days in jail for mostly cocaine and some heroin cases. Then, you’ve got the mis­de­meanor mar­i­juana offenses, which I per­son­ally do not deal with, but our office does. At least half of the drug cases filed in Yakima every year are cocaine cases; Yakima is known as a major con­duit for cocaine supply.

TR: Where does the Yakima cocaine come from and how does it get there?

BH: Sta­tis­ti­cally, the belief is that it comes mostly from Mex­ico through Cal­i­for­nia. It prob­a­bly comes via mostly ille­gal immi­grants run­ning it up to make a quick buck. It’s a lot like the pro­hi­bi­tion era in that respect; poor peo­ple look­ing for money.

TR: From your per­sonal expe­ri­ence, what are some of your ideas and the­o­ries about why the so-called “drug prob­lem” might never be solved?

BH: Let me explain that by shar­ing a per­spec­tive I have about mod­ern soci­ety. If you look at a soci­ety that is demo­c­ra­tic, like ours sup­pos­edly is, you look at where psy­chic energy is invested. This coun­try invests enor­mous sums of psy­chic energy in wel­fare or state-dependence, and also on drug and sub­stance depen­dence. You don’t real­ize this until you pros­e­cute and you see peo­ple com­ing in and get­ting the most atten­tion they’ve ever had in their lives while they’re being pros­e­cuted for a crime. The judge will ask them about their past and their his­tory. For the first time in their lives they’re asked about their per­sonal his­tory and it’s in the con­text of being pros­e­cuted. Most peo­ple don’t under­stand the enor­mity of this be we’ve devel­oped whole pop­u­la­tions, in terms of tens of mil­lions of peo­ple, who are depen­dent upon the state to define them and part of the fuel for that depen­dency is drug and alco­hol use.

TR: Speak more on this con­nec­tion between depen­dence on the state and drug addiction .…

BH: It doesn’t mean I’m right, but I’ve never met an alco­holic or drug addict who’s ever said, “Howdy, I’m sure glad I’m depen­dent on drugs.” When peo­ple describe their con­di­tion of depen­dence, they describe despair. When you look at the prin­ci­ple of despair and ask your­self, “Is the cure for despair pun­ish­ment and incar­cer­a­tion?” The naswer has to be no. But if you look at the actual things our soci­ety does, the answer has tra­di­tion­ally been more depen­dence, more wel­fare, more struc­tures in the school, and more incar­cer­a­tion itself. Prison especi­cally is a form of depen­dence. I’ve seen peo­ple who, for the first time in their lives, have fam­ily because they’re being pros­e­cuted; the judge is their fam­ily. The defense and the pros­e­cu­tor are their family.

TR: Let’s return to the so-called “drug problem.”

BH: We recently had prosecutor’s train­ing where cer­tain Supreme Court jus­tices, who shall remain unnamed, were invited to speak with sev­eral hun­dred pros­e­cu­tors. One of the nine Supreme Court jus­tices asked a table of us who work crim­i­nal appeals, “What do you think we should do about the drug wars? We’re spend­ing so much money on this; the court sys­tems are tied up by drug cases.” Now, this is a Supreme Court jus­tice [Note: It was Richard Guy of Spokane, with whom I had worked for a short time out of law school.], a real level-headed guy with­out a stand on the issue one way or another, want­ing us to tell him what to do. From my expe­ri­ence with police offi­cers going out on crime calls, I think about it from the angle of “What makes a human being give up his or her claim to inde­pen­dence and self-government in order to become overly depen­dent and invoke the machin­ery of the state to shape his or her life?” That’s a very inter­est­ing and very dan­ger­ous con­cept. What con­cerns me the most and what your read­ers can be cer­tain of is that peo­ple in gov­ern­ment at policy-making insti­tutes, under­stand that we have whole pop­u­la­tions depen­dent upon the invo­ca­tion of the state to shape and deter­mine the course of their daily lives.

TR: You men­tioned the prin­ci­ple of despair a lit­tle while ago. Wha are some of your thoughts about pos­si­ble cures and alle­vi­a­tions for despair?

BH: I have a real life story about that because of what I do to stay in shape. When peo­ple hear I do this, they won­der about me, so don’t get me wrong, but I work out in a box­ing club. Most of the peo­ple who work out there are typ­i­cally young men twelve t0 eigh­teen years old. Every­one of those young men thrives on some­one say­ing, “I believe in you. You’re a worth­while per­son and you have some­thing to work towards.” Young men need to be told that by an adult per­son who will help him get there through dis­ci­pline. We don’t really pro­vide that in our soci­ety. At the same time, we’re pre­tend­ing that a greater law enforce­ment mech­a­nism or greater wel­fare spend­ing will give these kids what they don’t have. So I think the prob­lem is spir­i­tual and moral in nature.

TR: Describe the most appalling encounter you’ve had dur­ing actual crime calls.

BH: Gen­er­ally speak­ing, when you see house­holds of ten or fif­teen kids under the age of eight who swear like sailors and hate author­ity fig­ures, with­out any psy­cho­log­i­cal frame­work to guide them. It’s deves­tat­ing. The adults they’re grow­ing up with are mostly drug-dependent. When these kids encounter demonic rage — the kind you see at mur­der scenes — within him­self or her­self, there’s absolutely no struc­ture in place to deal with it.

TR: What do you mean by “demonic rage” at mur­der scenes?

BH: Since I’ve been pros­e­cut­ing I’ve learned that less than 10% of the peo­ple we process through the sys­tem are truly crim­i­nal. A good 85% to 90% we process are welfare-dependent, drug-dependent peo­ple who don’t know how to direct their own lives. That small per­cent­age of peo­ple who are truly cruel, truly rapa­cious and truly mur­der­ous — when you see that, there’s a ter­ri­ble feel­ing aso­ci­ated with that which you learn to intuit. That intu­ition is a great asset to have when you’re on the streets. My the­ory about the energy of demonic rage is that some peo­ple, at var­i­ous points in their lives, become sus­cep­ti­ble to pos­ses­sion by the force. I don’t mean to sound reli­gious or any­thing, but if it pos­sesses them, I think it’s pretty much a per­ma­nent pos­ses­sion. I also think if you’re a 14 or 15 year old kid with­out much psy­cho­log­i­cal frame­work or dis­ci­pline who opens their psy­che to drugs, you can become sus­cep­ti­ble to that kind of possession.

TR: Let’s change the sub­ject. Here’s a more exotic ques­tion. Sev­eral kinds of opium poppy grow wild in the state of Wash­ing­ton, in people’s back­yards, and on hill­sides. Had any poppy cases yet?

BH: No; none. I don’t per­son­ally know where the plant is cat­e­go­rized, but I can tell you that in title 69.50 of the Revised Code of Wash­ing­ton, every sin­gle mind-altering sub­stance in the world is clas­si­fied as a Sched­ule I, II, III or IV drug; it’s prob­a­bly in there some­where. In terms of law enforce­ment, there hasn’t been a lot of atten­tion paid to it yet but when there is, leg­is­la­tion is sure to fol­low. That’s usu­ally the way it works.

TR: I want to talk more about despair. In my own life, I’ve man­aged to kick the habit of cynacism, but am still work­ing on despair which I’m look­ing at now as an addic­tion and as some­thing that feeds on itself. Once you enter a con­di­tion of despair, it might be a symp­tom or a prod­uct of overde­pen­dence elswhere, rob­bing your auton­omy and dimin­ish­ing your place in life. I’m think­ing that despair might be a nat­ural out­come of self-diminishment … Have you met or known any adults over­whelmed by despair who have kicked the habit?

BH: It’s inter­est­ing how you phrased that the way you did. You said the addic­tion to despair may be the prod­uct and out­come of some other addic­tion. As a pros­e­cu­tor I’ve noticed that our soci­ety, and maybe most West­ern soci­eties, preaches a doc­trine of Must Feel Good .… a dogma of self-esteem. You don’t dare feel any sort of depres­sion. As any cre­ative per­son knows, depres­sion is part of the process of cre­at­ing. I am sus­pi­cious that despair may be a symp­tom of our insti­tu­tional deter­mi­na­tion and insis­tence that peo­ple feel good all the time. I sus­pect the phar­ma­ceu­ti­cal com­pa­nies and doc­tors’ inter­est in Prozac is to make sure no one ever feels bad. In my own war­rior phi­los­o­phy I believe one of the engines of progress in a human being is feel­ing bad about some­thing. I write poetry, for exam­ple, as an out­let for what­ever that feel­ing is. When soci­ety and the phar­ma­ceu­ti­cal peo­ple try and con­di­tion that out of you, the ques­tion then is where does the cre­ativ­ity go? What would be the nat­ural psy­chic response to that loss of cre­ativ­ity? It may be despair.

TR: Got any exam­ples of good luck sto­ries of peo­ple kick­ing the habit of despair?

BH: There are suc­cess sto­ries. I used to hear a lot of drug addicts and alco­holics say they hit the road to recov­ery in a “Blue Light Spe­cial.” That means until see­ing the flash­ing blue lights in their rearview mir­ror, they don’t even under­stand they have a prob­lem. As a pros­e­cu­tor, you see the need for state inter­ven­tion in many people’s lives to alert them to the fact that there is a prob­lem. Once they begin to work the force of that prob­lem, as you your­self have begun to work the force of trou­ble in TALKING RAVEN, I think you’re on the road to free­dom. I don’t think the free­dom comes in six months or two years. I think it comes in ten or fif­teen or twenty.

TR: The virtue of per­sis­tence.

BH: By virtue of under­stand­ing that soul engaged in life some­times feels bad and some­times looks but but that’s part of what being human is. Try­ing to drug it away or psy­chother­a­pize it away or State it away with some sort of huge wel­fare sys­tem is … bull­shit. (Blasts of com­bus­tive laugh­ter) Editor’s Note: Mr. Han­ify has been writ­ing quite a bit lately. We were pleased to pub­lish his provac­tive piece on wrestling demons, “COMMUNION”, some­where in this issue.

READ THE PROSECUTOR SERIES AT BRUCEHANIFY.COM

Define “Drug”: A Drug Warrior’s Thoughts on the 45-Year-Old War on Drugs

Bruce Han­ify 2011 All Rights Reserved

Clallam County Age Discrimination Case Settled for $1.6 Million

May 22, 2012, by Bruce Han­ify  Three for­mer Clal­lam County employ­ees and the daugh­ter of one for­mer employee have accepted a $1.6 mil­lion set­tle­ment in an age dis­crim­i­na­tion suit for dam­ages they suf­fered as employ­ees of the Clal­lam County Pros­e­cut­ing Attorney’s Office in Port Ange­les, WA. Deb­o­rah Kelly is the elected pros­e­cu­tor of Clal­lam County.

The for­mer employ­ees included deputy pros­e­cu­tor Carol Case, legal assis­tant Kathy Nielsen, and admin­is­tra­tive assis­tant Elaine Sundt. Hol­lie Hut­ton, daugh­ter of for­mer employee Robin Porter, who was fired in Feb­ru­ary, 2007 and died within a year of her ter­mi­na­tion, appeared on behalf of her mother in the lawsuit.

In an 80-page plead­ing to the supe­rior court, attor­neys Stephanie Bloom­field and James Beck of Tacoma law firm Gor­don Thomas Hon­ey­well alleged a dis­turb­ing pat­tern of age dis­crim­i­na­tion that resulted in the fir­ing of Carol Case, Elaine Sundt and Robin Porter. Admin­is­tra­tive assis­tant Nielsen, who suf­fered severe phys­i­cal and emo­tional dis­tress brought on by work­place harass­ment, resigned under extreme duress. While only four indi­vid­u­als joined in the law­suit, there appeared to be an office pol­icy of sub­ject­ing older employ­ees to a cal­cu­lated pat­tern of Machi­avel­lian harass­ment, accord­ing to alle­ga­tions con­tained within the legal pleading.

The alle­ga­tions in the plead­ing, while not proven in a trial, appar­ently were suf­fi­ciently cred­i­ble to induce the county to set­tle the lawsuit.

In a press release issued by Gor­don Thomas Hon­ey­well, it was revealed that elected pros­e­cu­tor Deb Kelly admit­ted that her office suf­fered a turnover rate between 210 and 215%. How­ever, Kelly blamed the set­tle­ment on the legal system:

This settle­ment was made by the excess insur­ance com­pany strictly for eco­nomic rea­sons,” Kelly said in a state­ment released Saturday.

The county had no option for going for­ward on its own, short of hir­ing its own attor­neys and spend­ing hun­dreds of thou­sands of tax­payer dollars.

If Wash­ing­ton were a loser-pays state, this law­suit would never have been filed.”

Going Younger The Clal­lam County Prosecutor’s cam­paign against her older work­ers com­menced when she appointed 30-something deputy pros­e­cu­tor Mark Nichols to the posi­tion of chief deputy, which one for­mer employee allegedly char­ac­ter­ized as “putting a five-year-old in charge of dyna­mite.” Kelly stated in a depo­si­tion that it did not mat­ter to her that Nichols, two to three years out of law school when she made him king, did not meet the job require­ments of hav­ing “exten­sive expe­ri­ence in munic­i­pal law.” Some might argue that his expe­ri­ence with prin­ci­ples of lead­er­ship shared a sim­i­lar depth.

Upon Nichols’ appoint­ment to that admin­is­tra­tive post, a cam­paign of “going younger” was waged against those unfor­tu­nate enough to have the capac­ity to exer­cise inde­pen­dent judg­ment. The cam­paign con­sisted first of harass­ing and intim­i­dat­ing older work­ers, then replac­ing them with younger work­ers — with the appar­ent inten­tion of chill­ing dis­sent. Both Kelly and Nichols were sur­pris­ingly can­did in their aim to replace those they regarded as obso­lete. Nichols told one employee:

Look, Carol [Case] is an older gen­er­a­tion, or is older and she just doesn’t under­stand young peo­ple. Over the past year we’ve been try­ing to get younger peo­ple in the office.”

“Key­stone Nazis” One anony­mous source shared with this writer that for­mer mem­bers of the office secretly referred to the tac­tics Nichols and Kelly engaged in as befit­ting “Key­stone Nazis.” Exam­ples of their hos­tile work­place con­duct allegedly con­sisted of:

While pros­e­cu­tor Kelly used her county com­puter to shop eBay, employee Porter was fired for “inter­net use” within days of receiv­ing a work­place eval­u­a­tion that praised her work and dedica­tion. A num­ber of ques­tion­able dis­ci­pli­nary issues were lev­eled against Porter, who com­plained of being sin­gled out and treated unfairly. Sev­eral employ­ees agreed that Nichols was out to “get” her. Porter’s fir­ing estab­lished the pat­tern of cre­at­ing con­di­tions that couldn’t be met, so that the employee could then be fired.

After Porter was fired, Nichols then turned the tools of his Inqui­si­tion toward Nielsen. While Nielsen had been receiv­ing glow­ing work­place eval­u­a­tions, she was now being accused of insub­or­di­na­tion for con­sult­ing with her super­vis­ing attor­ney about office prob­lems. In one par­tic­u­larly chill­ing inci­dent, two younger employ­ees were invited to one of Nielsen’s dis­ci­pli­nary meet­ings, where they taunted her.

Insub­or­di­na­tion On Jan­u­ary 16, 2008, Robin Porter died. Employee Sundt com­mit­ted the sin of sit­ting at Porter’s memo­r­ial with three female employ­ees who were out of favor with Kelly, includ­ing Carol Case. Nichols com­menced a cam­paign of iso­lat­ing and ridi­cul­ing Ms. Sundt. In fact, at one dis­ci­pli­nary meet­ing, pros­e­cu­tor Kelly accused Sundt of “dis­loy­alty” for sit­ting with for­bid­den mem­bers of the office at Porter’s funeral.

At one point, Sundt con­sulted an attor­ney about her sit­u­a­tion, who mailed the prosecutor’s office alleg­ing age and gen­der dis­crim­i­na­tion. Within min­utes of being informed by Kelly of the let­ter, Nichols asked Kelly out for cof­fee, then emailed Sundt with a list of ques­tions about who she was spend­ing time with at the office, and who she was talk­ing to. In retal­i­a­tion for con­sult­ing with a lawyer about work­place hos­til­ity, Sundt was placed on admin­is­tra­tive leave. (Sundt suf­fered a heart attack while being deposed for this case.)

62-year-old attor­ney Carol Case was sent to a “fit­ness for duty exam” — nor­mally reserved for emer­gency per­son­nel only, never for attor­neys — for the crime of defend­ing her­self against false accu­sa­tions. Case was declared fit for duty, which didn’t fit in with the Going Younger pro­to­cols. Amaz­ingly, Case sur­vived a sus­tained cam­paign of emo­tional and men­tal tor­ment. Even­tu­ally she was fired. That was exactly the wrong thing to do. Case fought back. And won. Let it be said that this blog­ger believes she is the per­fect replace­ment for Mark Nichols.

Employ­ees who dared to con­front Nichols about the dou­ble stan­dard of sub­ject­ing older employ­ees to sur­veil­lance, taunt­ing, and being “set up” to be fired — while giv­ing a pass to younger employ­ees — were cer­tain to under­stand that their job was at risk. What is star­tling about this case is the num­ber of past and for­mer employ­ees who tes­ti­fied about the hos­tile work­place con­di­tions. Sev­eral cur­rent employ­ees demon­strated remark­able courage given the risks they faced.

As stated, none of these claims were fully tested in court, but the plain­tiffs had plenty of evi­dence to sup­port their cause — and Clal­lam County set­tled, which likely means they faced an even larger loss had they gone to trial.

In their press release, Gor­don Thomas Hon­ey­well wrote:

The sub­stan­tial amount of money paid out to these women should serve as a reminder that no one is above the law, even an elected pros­e­cu­tor” stated James Beck. “Once Kelly and Nichols were made aware of the dis­crim­i­na­tion claims, instead of putting a stop to it and treat­ing peo­ple fairly, they chose to retal­i­ate. These four women brought this law­suit to take back their good names, and with the hope that it might pre­vent Kelly and Nichols from engag­ing in sim­i­lar con­duct in the future.”

#  #  #  #

May 23, 2012  The Sequim Gazette reported today:

Kelly said the issues in the office were never about age dis­crim­i­na­tion, dis­abil­ity or retal­i­a­tion but rather a power struggle.

She said she and Nichols take com­plaints of harass­ment and dis­crim­i­na­tion very seriously.

Pat­ter­son said he absolutely believed Kelly and Nichols did the right things.

They were hold­ing peo­ple account­able that were not held account­able pre­vi­ously,” he said.  Clal­lam County Set­tles $1.6 Mil­lion Age Dis­crim­i­na­tion Suit

FULL DISCLOSURE: I was employed as a deputy pros­e­cu­tor at Clal­lam County from Novem­ber, 2005 to Sep­tem­ber, 2006, but chose to leave because I found the work­ing unnec­es­sar­ily tense.  I am proud to say that I worked for one of the great pros­e­cut­ing attor­neys of this state, Jeff Sul­li­van.  Sul­li­van was an old school lawyer: prin­ci­ple before per­son­al­ity.  While I might have wanted to con­tinue pros­e­cut­ing in my home­town (I was born in Port Ange­les, and grad­u­ated from Forks High School), it was obvi­ous to me that the office was headed to some sort of con­fla­gra­tion.  Hav­ing read through Honeywell’s plead­ing, it is very clear that I made the right deci­sion.  I was appalled by what I read in that doc­u­ment.  It was far worse than I thought — in part because I left before it got any juicier.

Robin Porter was my sec­re­tary and a friend of mine.  She was a lovely per­son, with a vibrant sense of humor, and was quite tor­mented by the intim­i­da­tion she expe­ri­enced in that envi­ron­ment.  When I learned that she died, I felt very strongly that she died of a bro­ken heart — related to get­ting fired.  I still believe that.  Can’t prove it, but I believe it.  Let me say there are karmic oblig­a­tions beyond the finan­cial for those who enjoy tor­ment­ing fel­low beings.

Elaine, Carol, Kathy, Con­grat­u­la­tions.  Holly, I loved your mother as a friend.  I’m proud of you. This Bud’s on me.

OF INTEREST:  Three drug cases inves­ti­gated by the Olympic Penin­sula Nar­cotics Enforce­ment Team were dis­missed after Supe­rior Court Judge Ken Williams found the Prosecutor’s Office vio­lated court rules by not dis­clos­ing the iden­tity of its key wit­ness to the defense.  Drug Cases Dismissed

ALL RIGHTS RESERVED BRUCE HANIFY 2012