Fox spurns Clallam prosecutor run, heads to Eastern Washington to make Congress bid

PORT ANGELES — David R. Fox’s quest for a political office took an unexpected turn Friday when the Port Angeles attorney filed at the last minute for a congressional seat in Eastern Washington.

Fox, 49, had said that he would run for the Clallam County prosecuting attorney seat now held by Republican Deb Kelly, and had participated in a May candidate forum for Democratic candidates.

Instead, he filed for the state’s 5th Congressional District, which includes his hometown of Othello.

“I never wanted the prosecutor job in the first place,” Fox said Saturday, adding that it was “time for a change.”

Fox said that he will move temporarily to Spokane for the campaign.

He said that the switch had nothing to do with his arrest at Seattle-Tacoma International Airport one week ago or allegations of sexual misconduct made by a former client whom he represented in Clallam County District Court.

Fox said he chose to run for the prosecutor’s seat only because it was open and he felt that Kelly was vulnerable.

The 5th Congressional District seat is a long-held goal, he said.

“I’ve had my eye on this seat since I was a little kid,” Fox said.

The seat is now held by Republican Cathy McMorris Rogers.

Fox, who filed as a Democrat, unsuccessfully ran for Clallam County commissioner in 2008.

The King County Prosecuting Attorney’s Office has not yet decided whether to file charges against Fox after he was arrested by Port of Seattle police for investigation of driving while intoxicated, possession of marijuana and drug paraphernalia and possession of prescription drugs without a prescription.

The arrest came a few minutes after Fox allegedly pulled a sheathed knife from his belt while speaking with a ticket agent at Seattle-Tacoma International Airport on June 6.

He was released from King County jail last week without bail when no charges had been filed within 72 hours of his arrest.

Awaiting toxicology

Leesa Manion, chief of staff for King County Prosecuting Attorney Dan Satterberg, said charges were not been filed because the office is awaiting the results of a toxicology test and other reports, and that a decision will be made after the reports are received.

The state Attorney General’s Office announced June 4 that it declined to file charges over allegations of sexual misconduct, which were made by a former client of Fox’ because of discrepancies in the claims of the man, who was in the Clallam County jail at the time.

Candidate for Congressional seats do not have to be residents of the districts they seek to represent.

The U.S. Constitution requires only that they be a registered voter in the state that they filed.

David Ammons, spokesman for the Washington Secretary of State’s Office, said the only other position that doesn’t require candidates to live within their office’s boundaries is municipal court judge.

“It will be up to the voters to determine the importance of residency,” he said.

Fox said he intends to keep his home in Port Angeles as his primary residence if he wins the 5th Congressional seat.

He doesn’t think that his Port Angeles residency will be a problem for voters.

He said he thinks he still has good chance of beating the other five candidates because he was born in the district, his grandfather established a homestead there, he worked on a murder case that made it to the U.S. Supreme Court, and “the fact that I look good on TV and that I’m smart.”

Amy Biviano, Spokane County Democratic Party chairwoman, said she doesn’t know about Fox’s arrest or the claims made by his former client.

But she said she welcomes any and all candidates.

“I don’t know the guy yet,” Biviano said. “I will have to research him.

“But I think it’s good to have a hardy, robust conversation.

“And anybody who can help force [Rogers’] comments into the light of day is absolutely welcome.”

Fox said he isn’t challenging Rep. Norm Dicks, D-Belfair, who represents the 6th Congressional District that includes the North Olympic Peninsula, because he is a Democrat.

He said his family still owns the 2,600-acre farm that he grew up on.

Fox said he makes about 95 percent of his living from the farm.

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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.

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