Court Agrees that Commissioner Lorna Smith Cannot Concurrently Serve Two Appointed Offices

Today, Oct. 17, the Washington Supreme Court ruled in favor of the Sportsmen’s Alliance Foundation, affirming a trial court opinion concluding that state law prevents Washington Department of Fish and Wildlife (WDFW) Commissioner Lorna Smith from serving as a wildlife commissioner while also an appointed county planning commissioner. Despite a well-reasoned opinion by the Thurston County Superior Court at trial, the state appealed as a last-ditch effort to circumvent the law and protect Gov. Inslee appointee Smith. In today’s decision, the Washington Supreme Court reminded everyone – including the governor – that the plain text of the law applies to Smith as equally as anyone else.

“The court has spoken, and it said what we knew was true all along: Lorna Smith broke the law by simultaneously holding two appointed positions,” said Dr. Todd Adkins, Senior Vice President at the Sportsmen’s Alliance. “It’s unfortunate, but not at all surprising, that it took a state supreme court decision to force Washington’s animal-extremist ideologues to obey the law. ‘Rules for thee, but not for me’ has become the status-quo in Washington, but the Sportsmen’s Alliance won’t allow the state’s sportsmen and women to be bullied into oblivion by the Fish and Wildlife Commission – or anyone else – any longer.”

At question was Commissioner Smith’s simultaneous holding of two appointed positions, a direct violation of state statute RCW 77.04.040, which holds that “persons eligible for appointment as members of the commission … shall not hold another state, county, or municipal elective or appointive office.” At trial, the judge agreed. Smith resigned from the Jefferson County Planning Commission, but then Gov. Inslee and the state’s Attorney General appealed, seeking to protect ideological nominees like Commissioner Smith going forward – a goal of such importance to the administration that Gov. Inslee filed a brief encouraging the court to allow him to appoint who he sees fit, despite the law. In May, SAF presented oral arguments before the Supreme Court.

“A win at any level is great, but a win at a state’s highest court should especially be celebrated,” said Michael Jean, Litigation Counsel at the Sportsmen’s Alliance Foundation. “The letter of the law here is clear, and despite the smoke and mirrors Gov. Inslee and Commissioner Smith used to mask their disregard for the law, the Washington Supreme Court saw through it. We’ll keep this win in our pocket as we continue to defend hunters, anglers and trappers in courts across the country.”