Washington ex rel. Banks v. Drummond (Majority)
Annotate this CaseIsland County's board of commissioners hired Susan Drummond and her law office to provide legal services. Providing legal services was among the duties of county prosecuting attorneys as combined civil and criminal county counsel. Island County's prosecuting attorney, Gregory Banks, objected to Drummond's appointment because his office was able and willing to provide the necessary legal advice. Prosecutor Banks brought a quo warranto action challenging Drummond's usurpation of his elected public office. The superior court denied the claim on summary judgment, holding that the board of commissioners had the authority to freely hire outside counsel. The Supreme Court reversed, holding that the county board of commissioners did not possess statutory authority to appoint outside counsel over the objection of an able and willing prosecuting attorney.
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