(The Center Square) – The fight over ballot language to accompany the income tax repeal has spilled over into a battle between two parties on the same side.
Arthur West, a frequent filer of legal complaints regarding government transparency, is now suing the State GOP and Chairman Jim Walsh, accusing the party and Walsh of defaming his character.
The legal wrangling goes back to an Aug. 7 hearing in Thurston County Superior Court when West, representing himself, argued before Judge Chris Lanese to have the Public Investment Impact Disclosure for Initiative 645 removed from the ballot, amended or halt the law requiring the PIID.
I-645, sponsored by Let’s Go Washington, asks voters if they want to repeal Washington’s new income tax.
Critics of the PIID, including West and LGW, argued that stating the initiative would decrease funding for education and healthcare is inaccurate, as there is currently no funding from the income tax.
As reported by The Center Square, West’s challenge was rejected by Lanese, who then brushed aside LGW’s separate challenge to the PIID without hearing the case.
“We came prepared to make our case,” said Brian Heywood, founder of Let’s Go Washington, after Lanese rejected their case. “Instead, a civilian who does not represent us was invited to argue issues from our challenge, and then the court shut the door without giving our legal team the opportunity to argue the case for the people.”
Walsh, who signed onto LGW’s challenge, then took to social media, blasting West for being ‘tricked’ by Lanese, suggesting he was ill-prepared to make the argument as he’s not an attorney.
On Aug. 22, West told The Center Square he wasn’t too bothered by the critics.
“I don’t really care about being criticized from both sides of this. The Republicans say I got tricked by the court and denied [them] their right to get a hearing. No, they made a procedural error,” he said.
“All I did was prosecute my case and I didn’t make any procedural errors. I certainly wasn’t tricked by Judge Lanese. So to all the critics, good luck. Why don’t you try doing something and then I can criticize you,” West added.
However on Tuesday, the open government activist sued the Washington State Republican Party and Walsh, accusing Walsh of defaming him in those social media posts.
“The statements concerning West falsely accuse him of professional and ethical misconduct in the practice of law-related advocacy and litigation, constitute defamation per se, and have caused and continue to cause damage to West’s professional reputation and standing in the community, built over approximately 30 years,” read the legal filing.
Walsh told The Center Square West’s lawsuit against him and the state GOP is a distraction and said the focus should be on Lanese, whose behavior during the Aug. 7 hearing went viral, when video of the proceedings showed Lanese gesturing animatedly and delivering what critics called a “bizarre pro-tax rant.”
Walsh had put out a “call to action” about Lanese after the hearing, urging people to file complaints with the Judicial Ethics Board.
That call to action has since been taken down.
“This judge heard the first of the two challenges and acted just bizarrely,” said Walsh in an Aug. 21 interview with The Center Square. [He] “acted as an advocate, not an impartial judge. He was asking leading questions of the parties.”
In text messages Thursday morning, Walsh again said the focus should be on the judge.
“Arthur is trying to portray himself as the lead character when he really played just a minor role. The story is about Judge Lanese’s bad actions,” wrote Walsh.
West, in his lawsuit, is seeking punitive damages and as the complaint notes, an “unambiguous retraction and correction of the defamatory statements” from Walsh and the state party.
The lawsuit, West v. Walsh, has been assigned to Lanese.
In response to that, Walsh texted: “Life’s irony. And an opportunity for WAGOP to make our points.”He did not indicate being bothered by having to face the judge he’s been so openly critical of over the last few weeks.