Judge denies Tucker recall


by KREM.com


Posted on January 6, 2012 at 6:45 AM

Updated Tuesday, Nov 12 at 8:55 PM

SPOKANE -- A superior court judge from the Tri-Cities denied a request for a recall petition for Spokane County Prosecutor Steve Tucker.

Shannon Sullivan of Spokane lead the effort to recall Steve Tucker and believes he is not doing his job. 

The judge could not be convinced that a recall was necessary, essentialy stopping the recall effort before it went to the voters.

The judge said that his decision can be reviewed by the State Supreme court if they chose to do so. The Judge made changes on the recall synopsis in case his decision is overturned.

Both sides presented at a hearing Friday morning to determine the next step in a local woman’s effort to recall Spokane County Prosecutor Steve Tucker.

Sullivan filed her petition recall in December with the Spokane County Election’s Office.  Then the Attorney General’s Office summarized the petition into a 200-word synopsis.

Judge Craig Matheson from the Tri-Cities heard the case.  He is the same judge who allowed petitioners to lead a successful recall effort against former Spokane Mayor Jim West.

Around noon, KREM 2’s Katie Utehs said it appeared the judge was not convinced.
In court Sullivan said Tucker made a statement promising he wouldn't prosecute officers or Spokane County employees. She cites the case of a firefighter who had nude pictures of a teenage girl and the Otto Zehm case.
Sullivan also alleges that tucker refused to show-up to court when asked to by a Superior Court Judge.
Tucker was in court Friday represented by attorney Mark Hood.
Hood argued the county prosecutor has the right to use discretion in filing charges and to send another attorney to court. He denied Tucker made the statement about not prosecuting officers, but says even if he did it would be protected as free speech.

Tucker's defense attorney asked for a Rule 11 sanction and attorney’s fees for Shannon Sullivan but the judge denied the request.