Notice of Appeal

Notice of Appeal

UPDATE August 14

Recall Petitioners file response in two hours, asking the court again for a swift ruling.

Petitioners responded to Durkan’s request for a minimum of 105 days, reiterating their Motion for a ruling in 15 days.

“Mayor Durkan has, at various occasions, expressed in statements regarding the recall petition a sentiment that she is very busy running a City, too busy to deal with recall. This is easily solved by choosing to accept the decision of the Superior Court instead of using the Supreme Court as a tool to suit her purposes.”

“Mayor Durkan had every opportunity to gain more time to prepare for appeal to this Court by skipping the Motion for Reconsideration and filing for Appeal at the soonest opportunity: July 13, 2020. The Mayor instead delayed the process for a full thirty days, demonstrating yet again that when she has an opportunity to act expediently, she chooses not to.”

Durkan asks the Supreme court not to make a decision until at least December, or next year.

  • We filed a request yesterday (8/13) to have a Supreme Court decision by August 29th.
  • The Court asked Durkan to respond by 2 pm today (8/14).
  • Durkan responded at 12:30 pm today asking for three and a half months (105 days) plus time for our briefs and a hearing and a decision from the Court. This is an absolute minimum of four months, or a decision at the earliest, mid-December.

Original post:

Filed on August 12, 2020, Mayor Durkan indicated to the court that she would appeal the recall decision to the Supreme Court of Washington.
The Notice requests review of the charge [B] that was upheld by the lower court.

The Recall Durkan campaign has filed a Notice of Cross-Appeal to the Supreme Court of Washington at approximately 3:45 pm on August 12th, 2020.

The Cross-Appeal requests review of charges B (for expansion) and C (for inclusion.)

The Recall Petitioners filed an Emergency Motion to Set a Briefing Schedule at 8:12 pm on August 12, effectively the business day of August 13.
This Motion asks the court to set a schedule for appeal in accordance with RCW 29A.56.270 as it pertains to recall appeals.

What are charges B & C?

Charge B
Mayor Durkan endangered the peace and safety of the community and violated her duties under state and local laws and her oath to uphold the federal and state constitutions when she failed to institute new policies and safety measures for the Seattle Police Department after learning of the use of chemical agents on peaceful protesters as a means of crowd control during a public health emergency.

Charge C (abridged)
Mayor Durkan endangered the peace and safety of the community and violated her duties when she failed to enforce police officer compliance with the Seattle Municipal Code and the Seattle Police Department Manual when the police attacked members of the press and street medics and failed to use appropriate de-escalation techniques;