A Washington Court of Appeals commissioner has stayed the administrative enforcement case against a ranching family in Washington while the court considers the ranch’s appeal for the right to a jury trial.
“When government agencies act as prosecutors, judges, and juries, shutting ordinary citizens out of independent courts, the balance of power tips dangerously away from the people,” said the Pacific Legal Foundation, which is representing the family. “The Kings’ case is a reminder that the ancient right to a jury trial isn’t trivial; it’s the last line of defense between an American citizen and a government that answers to no one.”
The Washington State Department of Ecology determined Wade and Teresa King harmed wetlands by excavating and discharging fill into ponds without department authorization.
The Kings appealed the decision to the Pollution Control Hearings Board, which is currently pending, and filed suit against the department, hearings board and the state of Washington. The Kings argued the administrative proceeding before the Pollution Control Hearings Board violated their right to a jury trial.
The superior court dismissed the complaint, and the Kings appealed, leading to the recent ruling.
