FOR IMMEDIATE RELEASE: September 17, 2001

Contact:             Diane Oberquell, Thurston County Commissioner, 360-786-5440                                                Elizabeth Petrich, Deputy Thurston County Prosecutor, 360-786-5540

THURSTON COUNTY FILES SUIT IN DISPUTE WITH THE STATE

OLYMPIA -- Thurston County Commissioners today announced they are suing the State of Washington in a dispute over who pays for the fringe benefits of Superior Court judges. The dispute over the judge's benefits dates back to 1995.  Until then, the state, through the Office of the Administrator for the Courts (OAC), paid 100-percent of the benefits.  At that time the legislature, by budget note, restricted the state's share to 50-percent and required counties to pay the rest.  Thurston County originally paid half, but stopped in 1996 after determining the state was liable for the entire payment.  The situation escalated this year when the legislature withheld approximately one million dollars in so-called "I-695 backfill funds" from the county, until the benefits were paid.  In order to obtain the much-needed backfill funds, county commissioners agreed to send off a first payment of more than $11,000 but they are doing so under protest.

 Thurston County Commissioner Diane Oberquell says the state should be paying all of the benefit cost.  "The state DID pay all of the benefits until '95, when the legislature arbitrarily decided to cut their share by half.  We are pursuing the matter in court now because the legislature has held back unrelated funds in an effort to coerce us into paying the benefits.  We believe it's yet another instance where the state has placed an unfunded mandate onto local government."

Deputy Thurston County prosecutor Elizabeth Petrich says the state constitution does not cover the issue of benefit payments.  "The constitution clearly shows that the state and counties will each pay half the cost of salaries.   However, there is no provision for benefits and the state set precedent by originally covering all of those costs." 

 Paying half the cost of benefits for the seven superior court judges would cost the county more than  $ 45,000 a year.  Several other counties have also been withholding the benefit payments and face a situation similar to Thurston County's.  More than a half-dozen counties are joining in the lawsuit, which is being filed in Thurston County Superior Court. 

Thurston County commissioners have dispatched a letter to the OAC outlining their position.  The letter says the county will continue to make payments on the Superior Court Judge's benefits but will also continue to oppose the payments.