South Sound News

County Council holds off on blank check for Mark Lindquist's defense

Pierce County Prosecutor Mark Lindquist speaking at "Preventing Elder Abuse" event.

PIERCE COUNTY, Wash. — Pierce County Council members aren’t ready to write an open-ended check to Prosecutor Mark Lindquist until they know what they’re buying.

With a unanimous vote Tuesday, members revised a proposal that would have given Lindquist an undefined amount of public money to defend himself against an active bar complaint, scheduled for a disciplinary hearing in December before the state bar association.
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Instead, they maintained an existing limit on such costs. The proposal from Councilman Rick Talbert preserves the cap of $90,000 until Lindquist reaches it.

“I don’t want to write a blank check right now,” Talbert said. “We set a $90,000 cap for a reason, and I think we need to hold to it. Once you hit that, come back and ask again.”

The cap refers to a ceiling for legal fees related to defending county attorneys in disciplinary proceedings. Taxpayers underwrite the costs in such matters.

The council set the indemnification limit in 2015 after bar complaints were filed against Lindquist and several of his staffers.

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The decision raised limits established in the 1990s. It allotted $30,000 for individual complaints, and a “lifetime limit” of $90,000 for individual attorneys. The council also indexed the limits to inflation, meaning the lifetime cap in 2018 is $95,666.

Lindquist is approaching that cap. Defense of one bar complaint against him that was ultimately dismissed in 2017 cost about $19,000, according to public records. The remaining complaint is active. Costs are mounting ahead of December’s rare disciplinary hearing, and already exceed $62,000.

The county’s ordinance requires attorneys to seek permission from the council if they need to exceed the cap. This week, Lindquist didn’t make the ask himself; he handed the responsibility to deputy prosecutor Denise Greer, who submitted the request for more money during the council’s Monday study session, setting the stage for a council vote a day later.

The request didn’t describe an amount or a limit. Council members saw no fiscal notes or documentation of the sort associated with other types of spending decisions.

Greer, citing a guesstimate from Lindquist’s private attorney, Stephen Fogg, told council members Monday that new legal fees could reach $100,000.

Tuesday, Talbert and Councilman Derek Young raised concerns about the lack of detail surrounding how money has been spent to date.

“When the issue was reviewed with us briefly yesterday, there wasn’t a lot of detail on why this is costing more,” Young said.

Talbert added that Lindquist’s subordinates have appeared on their own behalf in past requests for additional funding related to disciplinary matters.

“It would have been helpful had Mr. Lindquist actually been present yesterday,” he said. “Every other opportunity that we’ve had to deal with this situation, the individuals themselves have come.”