The selection of Brent Basden for the Clallam County Superior Court in 2019 remains a subject of significant local debate. Although the executive branch presented a streamlined account of the proceedings to the public, recent records obtained via a Public Records Act request indicate that the internal decision-making process was considerably more complex and closed-door in nature.

Internal memos and email exchanges from the office of then-Governor Jay Inslee outline a sequence of events characterized by early administrative errors, concerns regarding premature information disclosure by the nominee, a calculated exclusion of local media, and preferential access for the candidate.

An Early Administrative Miss

Despite having held the position of Clallam County Superior Court Commissioner since 2008, Basden initially slipped through the cracks of the governor’s vetting procedure. On October 19, 2018, Larry Shannon, writing from the Washington State Association for Justice, reached out to Kathryn Leathers, the Governor’s Chief Legal Counsel, to inquire about the candidate’s absence from the preliminary roster.

Shannon noted that he had reviewed the Clallam County Bar Poll results and identified Basden as a leading contender. He asked whether the omission was due to an error, a specific exclusion, or a simple oversight.

Following this inquiry, Basden’s candidacy advanced rapidly. By November 1, the Washington Women Lawyers had submitted their judicial evaluations, awarding Basden their top designation of “Exceptionally Well Qualified,” a rating he shared with local attorney Steve Robins. The records further indicate that Basden gathered a robust collection of endorsements from prominent legal figures, including State Supreme Court Justice Susan J. Owens and Christopher Melly, the retiring judge whose seat Basden sought to fill.

Concerns Over Premature Disclosure

As Basden moved to the forefront of the shortlist, internal correspondence suggests the governor’s office grew wary that the candidate was sharing news of his likely appointment with courthouse insiders before the process was complete.

On October 17, Paul Gottlieb, a senior staff writer for the Peninsula Daily News, sent a polite email to the governor’s office requesting the standard advance notice of the final decision, allowing the local paper to prepare its coverage for the community.

By November 9, Leathers informed the governor’s communications team that she was disregarding Gottlieb’s follow-up questions. She expressed a belief that Basden, who had not yet undergone a formal interview with the governor, was already acting as if the appointment were secured.

Leathers noted that although the decision had not yet been made public, a candidate—identified as the sitting Commissioner, Brent Basden—was scheduled to meet with the Governor the following Wednesday. She speculated that Basden had likely informed the presiding superior court judge, enabling them to begin searching for his replacement, which implied the news had already spread locally.

In reaction to these suspicions, the communications staff opted to withhold advance notice from local reporters. Tara Lee, the Deputy Communications Director, confirmed on November 13 that the local press would not receive an early heads-up, stating that Gottlieb would receive the information at the same time as everyone else.

Candidate Control Over Messaging

While local journalists were kept from early knowledge of the decision, Basden was afforded a high degree of influence over his public presentation.

On the afternoon of November 14, the same day he met with Governor Inslee, Communications Director Lee forwarded a draft of the official press release to Basden’s personal email address for his review and approval.

Congratulations! Lee penned in his message, attaching a preliminary announcement for the judge’s appointment. He invited the nominee to examine the draft and share any suggested edits or additions.

The official release emphasized the individual’s tenure as a county commissioner, his commitment to volunteer legal services, and his leadership as stake president within the Church of Jesus Christ of Latter-day Saints.

On the same day, Governor Inslee completed the appointment by affixing his signature, with the new role set to begin on January 1, 2019.

Ensuring Openness in Judicial Appointments

Residents of Clallam County stand to experience meaningful, enduring effects from the selection of a Superior Court judge—a decision that shapes local justice for years ahead.

Documentation shows that the appointment unfolded through a process marked by routine internal coordination, granting the prospective judge notable input on how his selection would be communicated to the public. Meanwhile, local news outlets and community members are typically informed only after formal approval has been secured.

Leadership in the judiciary, they assert, is strongest when citizens have clear access to how decisions are made. To support that principle, the full, unaltered set of documents obtained from the governor’s office has now been shared with readers.

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