A conflict of interest pauses the criminal case against Stevenson council member, but recall petition no. 2 gets a green light

Fitzgerald’s second petition cites criminal charges that Lauser is facing after being arrested on July 4 for indecent exposure. Her first petition cited a March 31 incident where Lauser also took off her top in public, but was not arrested.

Lauser, who is a transgender woman, maintains that both incidents were political protests to highlight the need for transgender protections and rights. She has pleaded not guilty to indecent exposure, and she is appealing both recall petitions to the Washington State Supreme Court. Meanwhile, the criminal case Lauser faces is on hold due to a conflict of interest for Skamania County prosecutor Adam Kick.

During a preliminary hearing Sept. 2, overseen by Skamania County District Court Judge Ronald Reynier, Kick said that his office prosecutes criminal cases on behalf of the city of Stevenson, which creates a conflict of interest because Lauser is a city official. He said he and Lauser’s court-appointed attorney Brian Pruett have “sort of a tentative agreement” on how to handle that, but asked for extra time to solidify the details. 

“The easier thing for us would be to find another jurisdiction to prosecute the case,” he told the judge. “We’ve had a hard time finding jurisdictions willing to take this particular case, I think just because it has some political implications that people find uncomfortable. So we’re trying to figure out a way to move forward without that at this time.”

Judge Reynier gave the lawyers five weeks to resolve the issue before returning to court.

Fitzgerald, who attended the criminal case hearing, said she doesn’t think her recall effort, if it is allowed to go ahead, would be affected by the outcome of the criminal case. “I think people, the majority of people … pretty much know what they’re going to be doing” in any recall vote, she said.

Lauser said she hopes the indecent exposure charges get dismissed, and said the conditions imposed by the criminal court judge have prevented her from participating in political protests. 

“There’s the one where I’m not allowed on courthouse property, including the lawn and sidewalk, and then the ‘no similar behavior’ as the alleged incident, which isn’t restricted to the location,” she said.

In the recall case, Lauser said she was not surprised by Judge Krog’s decision permitting the second petition.

Fitzgerald said she was “just really happy” with that ruling. ”I think he ruled on common sense,” she said.

After the Aug. 27 recall hearing, about eight of Fitzgerald’s supporters crowded around her in the back of the courtroom, and Lauser, along with three staunch supporters debriefed with her attorney in the hall.

The American Civil Liberties Union (ACLU) of Washington is representing Lauser in the recall cases. 

“We will be seeking direct review before the Supreme Court,“ ACLU of Washington’s legal director La Rond Baker told Uplift Local after the hearing. Baker said the ACLU will ask the high court to review both petitions together. 

“I think the questions are fairly similar,” she said.  

Despite Washington law directing a speedy response to recall petitions, Baker said It could take several months before the Supreme Court hears Lauser’s appeals. 

Lauser lost a bid for mayor in Stevenson’s primary election last month. She was elected to the city council two years ago and her term runs through the end of 2027.