PORT TOWNSEND — Following two years of litigation in a federal court, Jefferson County, the county prosecuting attorney’s office and others have been cleared of 14 charges.
Julian St. Marie, a prosecutor for the county from 2015-2021, raised the case in 2022 after she was fired in 2021. Her claim was that the county, the prosecutor’s office, five prosecutors and their spouses violated her civil rights, including her first, fourth and 14th amendment rights.
Additionally, she argued that they had committed libel, negligence, sexual harassment, sex discrimination, age discrimination, and that they had created a hostile work environment, among other claims.
“The office has been completely vindicated by this ruling,” Jefferson County Prosecutor James Kennedy said. “It has been our position since day one that the allegations against us were nothing more than a work of fiction.”
St. Marie was denied the $5 million she sought for damages. Her suit showed her seeking relief from damages including conscious physical pain, suffering, emotional trauma, incurred expenses from medical bills, loss of income, loss of retirement, loss of benefits and loss of earning capacity.
Prosecutors James Kennedy, Chris Ashcraft, Philip Hunsucker, Tuppence Macintyre and Andy Rowlson were named in the suit.
U.S. District Court Judge David Estudillo delivered his conclusion on Aug. 29 following a request for a summary judgment from the defendants. The time for a response from St. Marie has passed.
“This matter comes before the Court on Defendants’ motion for summary judgment to dismiss all remaining claims in this action,” Estudillo wrote in the court order. “Having considered Plaintiff Julian St. Marie’s response, Defendants’ reply, and the remaining record, the Court grants summary judgment dismissal of all of Plaintiff’s claims.”
St. Marie, who maintains a private practice in Port Townsend, said she is eager to move past a difficult chapter in her life.
“While the court’s ruling with respect to the government’s immunity is disappointing, I’m grateful to have moved past a difficult chapter in my life,” St. Marie wrote in an email. “My current practice defending individual rights turns out to be deeply rewarding. And I get to practice in accordance with my values.”
Kennedy expressed a similar relief at being past the case.
“I wanted the people of Jefferson County to know that, during my term of office, I have always held this office to the highest ethical standards and continue to do so,” he said. “It is a relief that this case, which has hounded members of this office and their families for nearly two years, is finally over.”
Due process not required
In her complaint, St. Marie’s lawyers argue that she was denied her constitutional right to due process, granted in the 14th amendment.
While she was granted a Loudermill hearing, a requirement specified to allow a government employee the opportunity to explain themselves before facing disciplinary actions, the complaint alleges that the reason for the hearing was vague.
St. Marie’s complaint said she did not have clarity about why her position was in jeopardy entering the Loudermill hearing, according to her complaint.
In the Loudermill hearing, St. Marie said she could not respond to vague allegations. The hearing ended abruptly, two minutes later, according to the complaint.
The defense argued that St. Marie was not entitled to her position as deputy prosecutor, as Washington is an at-will state in regard to employment.
The court order said St. Marie and the county prosecutor had an at-will relationship, and that the requirement to provide a proper Loudermill hearing therefore failed.
Sexual harassment, insufficiently severe
According to St. Marie’s 55-page complaint, Ashcraft made denigrating statements about crime victims, especially women, and he sometimes commented on their physical characteristics, judging some as being “hot” or “not.”
St. Marie’s complaint also described the office as being full of sexual innuendos, specifically noting a sexual dynamic between Ashcraft and Child Enforcement Officer Lysa Phillis.
“Ms. Phillis frequently slapped her butt and told Mr. Ashcraft, ‘bite me’,” according to the complaint.
The court denied the assertion that the claim of sexual harassment was invalid because outlined incidents did not target St. Marie.
Still, the court dismissed the charge along with the others, saying the situations described by St. Marie were not sufficiently “severe and pervasive” to rule in her favor.
“While the Court appreciates that this workplace appeared to tolerate some commentary that a reasonable person might find insulting to women, Plaintiff has not put forth specific evidence on the record to show that ‘severe and pervasive’ sex based commentary created a hostile or abusive work environment.”
St. Marie acknowledged she has observed some improvements in the prosecutor’s office.
“I continue to work for Jefferson County where appointed counsel is needed,” she wrote. “I’ve seen positive, systemic changes since the suit was filed. I appreciate the current professionalism of the Jefferson County Prosecuting Attorney’s Office, and normalized relations in an adversarial system. In the end, the court’s ruling is good for the citizens of Jefferson County and I’m good with that.”
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Reporter Elijah Sussman can be reached by email at elijah.sussman@sequimgazette.com.
