PORT TOWNSEND — A former county prosecutor has raised the possibility of a conflict of interest between an attorney’s business and his serving on the City Council if elected — but that attorney and council candidate said he is already on the case.
Scott Rosekrans, who served one term as Jefferson County Prosecuting Attorney from 2011 to 2015 feels, that Position 6 City Council candidate David Faber would have to recuse himself if he was involved in litigation that involves the city.
“If he is appointed by the court to represent a criminal defendant on a city case filed in District Court or is retained by a private client to handle a city criminal matter in District Court the case would be prosecuted by the assistant city prosecutor,” Rosekrans wrote in an email sent to both the Peninsula Daily News and the Port Townsend/Jefferson County Leader.
“This could cause a chilling effect on the prosecutor’s decision to prosecute fearing that alienating Mr. Faber could have repercussions later on any decisions that he might have to vote on for funding the office, training for the office or personnel matters.”
Rosekrans wrote that he was raising the issue because “as lawyers, we know that the appearance of impropriety is just as damaging as the actual impropriety.”
Rosekrans was not saying a lawyer can’t serve on the council, but that a member of the council who was also a lawyer would have to circumvent any conflict of interest.
In response, Faber said he does not personally handle criminal cases nor does he accept public defender positions from either the county or the city.
He agreed with the need for him to pay attention to any conflict and recuse himself from any case with which he is remotely involved, but he has still contacted the Washington State Bar Association ethics hotline to check the boundaries of a possible conflict.
As of Friday afternoon, Faber was not able to connect with the bar association, although he has traded calls with the agency several times.
The bar association would only provide him with advice, he said, and would not make a public ruling or issue an opinion.
Faber said he already addressed the issue prior to Rosekrans’ assertions,
“I have been asked about this several times,” Faber said.
“But I have already informed my clients who have direct dealings with the city that I will no longer be able to represent them if I am elected,” Faber said.
Faber said he apprised “a handful” of clients with litigation that involves the city that he would need to quit their cases if elected to the council.
Faber said that any case that concerns the city would be handled by his partner, Sam Feinson, with whom he has installed a theoretical “firewall” that will not allow him to profit from or know about any such case.
With this, Feinson would handle any criminal cases or cases with a connection to the city without Faber’s knowledge, input or financial benefit.
Faber said he intends to play close attention to any possibility of conflict, but expects that the public will pay attention to his involvement.
“The public needs to keep an eye on elected officials, period,” he said.
“Elected officials are agents of the public, and if you are not watching them, you are not doing your civic duties as a citizen.”
Faber said that as a council member he would not have any direct authority over attorneys employed by the city as City Manager David Timmons is their supervisor.
He could theoretically vote to cut funding as a result of a personal issue.
“I could do that, but I am only one of seven,” he said.
“And that I could do it is immaterial to the issue as to whether I would try.”
Travis Keena, Faber’s opponent, said he had “no real problem” with Faber’s working as an attorney, adding that council members Michelle Sandoval, a realtor, and restaurant owner Kris Nelson often recuse themselves when a council matter concerns their businesses.
“If Mr. Faber takes no criminal cases or civil cases where the city is an opposing party then I do not think there will be a problem and if the State Bar of Washington says there is no conflict, all the better,” Rosekrans wrote.
Faber doesn’t question Rosekrans’ motives in raising the issue.
“I don’t think this is a ridiculous line of questioning,” Faber said.
“I think we should be asking our elected officials to respond to questions like this.”
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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.
