WA Income Tax Repeal Fight Takes New Turn as Judges Recuse Themselves

Washington's income tax repeal fight is escalating as the battle over Initiative 645, its controversial ballot language and the Public Investment Impact Disclosure statement spills into a separate defamation lawsuit involving Washington GOP Chairman Jim Walsh and government transparency advocate Arthur West. West is suing Walsh and the Washington State Republican Party for defamation after Walsh publicly criticized West's handling of an earlier court challenge to the PIID that will accompany Initiative 645 on Washington's November ballot. The controversy began after Thurston County Superior Court Judge Chris Lanese rejected West's challenge to the disclosure language. The ruling also prevented a similar challenge backed by Let's Go Washington and others from being argued that day. Walsh subsequently criticized West's handling of the case and suggested he had been unprepared and "tricked" by the judge—claims West strongly denies. Now the legal fight has taken another turn. Judge Lanese, who was initially assigned to hear West's defamation lawsuit against Walsh and the Washington GOP, has recused himself from the case. Another Thurston County judge has also recused, raising the possibility that an outside judge could ultimately be brought in to hear West v. Walsh. Meanwhile, West's underlying challenge to the Initiative 645 PIID is still alive. A panel of Washington State Supreme Court justices is expected to consider his appeal as the state approaches critical ballot-printing deadlines. Initiative 645 seeks to repeal Washington's newly enacted income tax. Critics of the PIID argue that its warning about decreased funding for K-12 education, higher education and human services is misleading because revenue from the tax has not yet begun flowing into state coffers. Despite their separate legal battle, Walsh says the Washington GOP supports West's Supreme Court appeal and agrees that serious questions remain about both the PIID process and the specific ballot language accompanying the income tax repeal initiative. The result could have major implications for Initiative 645, Washington's income tax repeal campaign, future ballot initiatives and how the state communicates the fiscal impacts of initiatives directly to voters. Watch Washington in Focus for continuing coverage of Initiative 645, the Washington income tax repeal, Arthur West v. Jim Walsh, the Washington Supreme Court, Let's Go Washington and the latest Washington state political and legal news.