Fight between Pierce sheriff, prosecutor lands in court. Here’s what judge said
AI-generated summary reviewed by our newsroom.
- Judge granted preliminary injunction blocking attorney from representing Swank officially
- Court upheld prosecutor's exclusive role as legal advisor to county officials
- Dispute centers on Swank’s ICE cooperation and executive order compliance
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Pierce County sheriff v. prosecutor
A court case over a private attorney providing legal advice to the sheriff shows a fractured relationship between the two top elected officials.
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A King County judge on Monday said a private attorney who served Pierce County leaders a demand for mediation on behalf of Sheriff Keith Swank harmed voters who elected Prosecutor Mary Robnett to be the chief legal advisor to the county.
Judge Michael Ryan granted Robnett a preliminary injunction prohibiting the attorney, Joan Mell, from holding herself out as Swank’s legal representation in his official capacity as sheriff. Ryan said the county charter, case law and the state constitution acknowledge that it is a primary function of the Prosecuting Attorney’s Office to provide legal advice to county officials.
Swank sat two rows behind Robnett in the gallery of a 7th-floor courtroom during the hearing in the King County Courthouse. Afterward, Swank decried Ryan’s order as “terrible” and a violation of his 6th Amendment, which guarantees individuals the right to an attorney in criminal matters, among other rights.
He noted that Robnett had recently appointed a special deputy prosecuting attorney, Randy Gaylord, to advise him on the issues contained in Mell’s demand for mediation. Gaylord was the San Juan County prosecutor for 28 years.
“What if he doesn’t agree with me?” Swank told The News Tribune. “What if he agrees with the prosecutor [Robnett]? What if they’re in cahoots? I don’t get to pick the one? That doesn’t happen? If you got arrested for a crime, you could pick your own attorney.”
The disagreement Swank was pointing to was over the six issues outlined in the letter for mediation Mell served Robnett, County Executive Ryan Mello and County Council Chair Jani Hitchen on May 23. It said Swank had reached an impasse with them on six issues, including his intention to cooperate with U.S. Immigration and Customs Enforcement and a disagreement over whether he was subject to Mello’s executive orders.
Mell signed the letter “lawyer for Sheriff Keith Swank,” which led Robnett last month to seek a court order prohibiting Mell from acting as his official attorney, arguing she was usurping the authority of her office and warning that Swank’s potential cooperation with ICE could expose the county to litigation. That’s because the Keep Washington Working Act, a state law, limits law enforcement’s ability to work with immigration enforcement.
While issuing his ruling, Ryan explained that he didn’t think the harm in this case was exposure to legal liability, such as the possibility that Pierce County could be sued by the state Attorney General for allegedly working with ICE — as Adams County was in March. He said the harm went to the heart of the core functions of the Prosector’s Office as Swank’s sole legal advisor.
“There is actual and substantial injury when someone comes in and claims to be a lawyer for someone in an official capacity,” Ryan said.
“Not only is the Prosecutor’s Office itself harmed as a result of that, the voters are also harmed. They elected the prosecutor to be the chief legal advisor for the county,” Ryan added, referring to case law.
Swank balked at the idea that Pierce County voters were thinking about Robnett’s role as legal advisor to other county officials when she was elected in 2018. He called it a lame argument and said voters don’t know he gets to have an attorney. He said they were learning now because of his statements on his X account.
“Do you think people sit around their table when they’re filling out their ballot, ‘Hey how about the prosecutor, oh, remember that the prosecutor is the sole legal advisor for all the elected officials, including the PCOs, oh, yes that’s so important.’ They don’t do that.”
Swank said the case wasn’t about whether Mell specifically could be his attorney but whether he could have his own attorney in general because of his conflict with Robnett, which flared over emails in early May. Swank told Robnett she was his “peril” after she told him he had to abide by Mello’s executive orders.
Swank also said the conflict didn’t have to do with whether he could cooperate with ICE.
“This has nothing to do with ICE,” Swank said. “I haven’t entered into an agreement with ICE or anything.”
Attorneys for Robnett argued during the Monday court hearing that one reason Mell should not act as Swank’s attorney is that she has provided legal counsel to the GEO Group, a federal contractor that runs the Northwest ICE Processing Center in Tacoma on behalf of ICE. She is also representing Sheriff’s Department employees in a lawsuit against Pierce County that, according to the Prosecuting Attorney’s Office, is before the U.S. 9th Circuit Court of Appeals.
At the end of the hearing, Ryan asked attorneys for Robnett and Mell to meet and discuss what next steps would look like to get to a final hearing in the case. The mediation letter Mell served to Pierce County officials was given under RCW 36.46.010, a state law that requires elected officials to attempt to work out a dispute before a lawsuit can be brought. It comes with a 90-day waiting period that in this case would end Aug. 21. After that, either Swank or the other leaders could bring a lawsuit over their disagreements.
This story was originally published June 16, 2025 at 1:44 PM.
