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The controversy surrounding newly elected, 25-year old District 3 Kitsap County Commissioner Josh Brown’s official residence could be settled as soon as Feb. 5. On Jan. 16, visiting judge, Craddock D. Verser of Jefferson County, set that date to hear Central Kitsap resident Robert Ross’ lawsuit alleging that Brown intentionally lied about his official residency and is not a resident of the district he was elected from, nor has he ever lived in the Perry Avenue apartment he listed as his residence on his declaration of candidacy.
Kitsap County Prosecuting Attorney Russ Hauge had publicly stated prior to the hearing that if the case wasn’t thrown out as Brown’s attorney, John Morgan, was confident it would be, that he would recuse his entire staff from the case and turn it over to prosecutors from another county. The Kitsap County Superior Court has also said it will pass on hearing the Brown matter, and refer it to a judge from another county.
According to a number of courtroom observers, Brown was obviously stunned, physically reacting to the judge’s ruling. “The judge sure wiped that smug look off his face in a hurry,” chuckled one observer, while another stated that Brown looked “positively ashen” when the ruling was handed down. Meanwhile, someone else said that Auditor Karen Flynn looked, “panic stricken.”
When reached by the Business Journal for a comment afterwards, Brown simply hung up.
When Morgan was asked to comment, all he would say on the record was, “My motion to dismiss was denied along with of that the county auditor’s. I think this was good example of what happens when the legislature doesn’t do its job.”
Morgan had argued that the suit should be dismissed because state statue says a challenge must be filed within 10 days of the certification of the election. Kitsap County Auditor Karen Flynn certified the election Nov. 28. Ross’ lawsuit was filed Dec. 29 — 31 days later.
However, Harry Korrell, representing Ross in place of his original attorney, Michele Rodosevich who had been called out of town, effectively argued that according to one state statute the election is not certified until the elected official receives a certificate of election from the auditor. In this case, that would have happened on Dec. 21, the day Brown was sworn into office. The lawsuit was filed eight days later.
After listening to both arguments, Verser ruled he could not overlook one state statute in favor of another, adding the statutes should be clarified by the state Legislature, to prevent future confusion.
Morgan did say that when the case comes to court on Feb. 5, he believes Brown will be vindicated. “I am confident we will prevail at the evidentiary hearing. I’ll be set to go with guns blazing when they present their evidence.”
A second challenge to Brown’s residency has also been filed by Capt. James M. Olsen of Bainbridge Island on Jan. 9. Olson’s action, which can be filed by any registered voter in the county, challenges Brown’s eligibility to vote in the upcoming Feb. 6 election, based on his residency.
According to Olsen’s complaint, Brown lists his residence as 1015 Perry Avenue in Bremerton, which is in District 3, but states that in reality, he resides with his parents at 13607 Olympic View Rd. in Silverdale, which is in Commissioner District 1 — Commission Chair Chris Endresen’s district. Olsen says it isn’t his intention to drive Brown from office, but says he takes issue with what he termed “perjury and misrepresentation.” He also said he is not acting in concert with Ross.
That matter will be heard by the Kitsap County Canvassing Board, which consists of Endresen, Hague, and County Auditor Karen Flynn. All three are Democrats, as is Brown. His attorney, Morgan, is a past chair of the local Democratic Party as well. Endresen, Hague and Flynn all contributed money to Brown’s election campaign. In fact, Flynn contributed twice.
Endresen and Hague both have stated they will recuse themselves from the Canvassing Board, and will each appoint a representative to take their places. Flynn had made no public statement on the issue at presstime. According to the Auditor’s office, Olsen’s complaint must be heard prior to the Feb. 24 certification of the Feb. 6 election.
Endresen has been quoted as saying she views Olsen’s action as, “harassment from sore losers.” Olsen has refused to engage in a war of words, saying, only that the truth will become obvious when he presents his evidence.
County commissioners are normally defended by lawyers from the prosecutor’s office. But since the suit was filed before Brown officially took office and didn’t name the county, it also means that Brown must personally pay all the costs of his defense. | 
