LINDQUIST: Prosecutor seeks right to deny due process

Re: Ex-deputy, prosecutor renew clash in court” (TNT, 9-19).

Pierce County sheriff’s deputy Mike Ames retired after he was labeled as untrustworthy by Pierce County Prosecutor Mark Lindquist. The consequences of such a designation are similar in form to disciplinary actions, such as denial of promotion or an unwanted transfer.

Ames brought suit to clear his name. The trial court dismissed his claim. He appealed the dismissal. The county appealed the denial of its request for attorney fees.

Ames’ testimony led to the dismissal of charges against Lynn Dalsing. Because his testimony was not what the prosecutor wanted, the prosecutor labeled him untrustworthy. The Court of Appeals recently heard oral arguments.

A ruling in the prosecutor’s favor would circumvent the basic principle that public employees are entitled to a fact-finding hearing before discipline is imposed by supervisors. The prosecutor claims that he has the unfettered authority to decide which officers are truthful and which are untruthful.

Ames requested a hearing to determine if he was the victim of arbitrary, baseless, vindictive punishment. Denying Ames a hearing undermines the basic due process right of all public employees. A hearing, on the other hand, will give both sides an opportunity to be judged on the merit of proven facts.

This story was originally published September 22, 2015 at 1:20 PM with the headline "LINDQUIST: Prosecutor seeks right to deny due process."