ASOTIN - Asotin City Attorney Jane Richards was fuming Monday after she read a notice taped to the door of the Asotin County Courthouse.
The county is no longer providing municipal court services for the city of Asotin because there's no contract in place. The action could curtail efforts to prosecute traffic infractions in the city, along with non-mandatory misdemeanor arrests and bond hearings.
"We're going to sue them," Richards said at her office across the street. "This is a very dangerous policy for the county to take. We never wanted this war. For the county to pull the plug on court services shows a lack of respect for Asotin residents and the community in general."
Earlier in the day, the Asotin County commissioners said they'd reached an agreement with the city of Clarkston, but Asotin was still trying to make major changes. The county has been trying to get an updated agreement in place since May 2014.
The drop-dead date to have a new contract signed expired last week, the commissioners said. That means District Court no longer has the authority to file charges from the city of Asotin, hear Asotin cases, set bonds or process payments for misdemeanor cases generated within the Asotin city limits.
"District Court has ceased to function as the municipal court for the city of Asotin," Asotin County Prosecutor Ben Nichols confirmed.
County officials said the Thursday deadline was actually selected by Richards in a letter she sent to the commissioners last year.
However, Richards contends the one-year time period in her letter referred to notice of termination, rather than an end to court services.
"The existing contract remains in effect until a new contract is reached," Richards said. "We plan to take immediate legal action to force the county to adhere to the contract. This childish behavior from the commissioners needs to stop. They make every dealing between the city and county contentious."
The new agreement called for the city to pay a $30 filing fee for each infraction case handled by the court, and $135 for criminal action cases. The city has been paying $20 per case, and Clarkston's fee was previously $40 per case. Commissioners have said the county is paying a filing fee of $215 per case and can no longer afford to go in the hole.
Richards said the Asotin City Council is not on board with everything in the new agreement with Asotin County. Proposed changes have been sent to the county for review, she said.
Commissioner Jim Fuller said Asotin's latest proposal amounted to reconstruction of the entire contract. The city has had ample time to reach an agreement over the past 19 months, he said.
"If city cases are not being handled in municipal court, what happens on mandatory arrests for primary aggressors in domestic violence cases or driving under the influence?" Richards said. "Do defendants sit in jail until the contract is resolved? They have to have bond hearings and arraignments."
The Asotin County Jail will still accept prisoners arrested by city of Asotin police, but they may not stay behind bars for long.
Nichols said state law has to be followed, and every prisoner has to have probable cause determined by a magistrate within a limited timeframe, up to 48 hours. If there is no judge or court in place to sign an official order, the person has to be released.
The prosecutor plans to meet with Asotin Police Chief Monte Renzelman today to discuss the District Court situation and potential ramifications. For example, infractions, such as speeding tickets, have to be filed with a court within five days or the citation is dismissed.
According to the latest figures available, District Court handled 399 cases for the city of Asotin in 2011, 93 in 2012 and 211 in 2013.
Felony cases, which are heard by a Superior Court judge, won't be affected by the municipal court contract dispute.
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Sandaine may be contacted at kerris@lmtribune.com or (208) 848-2264. Follow her on Twitter @newsfromkerri.