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Wednesday, September 30, 2009

Paste Isn't Glue, Legal Opinions Should Remain Private, and Other Revelations From Electionland

Posted by on Wed, Sep 30, 2009 at 2:30 PM

Incumbent Tom Carr and Pete Holmes, who are both running for City Attorney this year, are answering a slew of questions over in Electionland until 3:00 p.m. You can read their answers here.

And the candidates have clear differences. For instance, one readers asks, "Why is it legal for companies to wheat paste advertisements, but if you're an artist or band wheat pasting you can be cited and prosecuted?"

Carr starts off by distinguishing paste from glue:

Actually, it is not illegal to paste signs onto utility poles, as long as the signs conform to the city sign code, as found on the City of Seattle website. Glue is prohibited. Companies that paste signs can only do so if they follow the same sign code as artists or bands: signs must conform to size limitations, have a date posted and be removed.

Holmes shoots back:

From the beginning of the incumbent's first term in office, he has been hostile to First Amendment rights. His crusade against handbilling, posting on utility poles, etc., was finally slapped down in court at great expense to the City.

Follow the links for the full questions and answers.

Joe asks if the city attorney should publish legal opinions online—why or why not?

Says Carr:

The City Attorney does not provide policy opinions. It is my job to remain neutral on civil matters. According to both the City Charter and state law, the City Attorney provides legal advice to the 9 city council members — individually and collectively — as well as the mayor and departments of the city. Because these communications are in the form of legal advice, they fall into attorney-client privilege, in much the same way that a citizen would get. Under state law, an attorney is prohibited from releasing legal advice without the consent of the client.

But Holmes disagrees:

City Attorney legal opinions will once again be published by Law Department under my tenure. Obvious exceptions include personnel and other matters, for instance, that are otherwise protected under law (the right of privacy in the Washington Constitution, among others).

Not only can this procedure prevent unnecessary relitigation or reassertion of settled matters, it is the very product of the Law Department that is funded by Seattle citizens. They have the right to see opinions that are produced with taxpayer dollars.

On pot laws, Carr says that decriminalization should happen at the state level—not by changing the city's enforcement—while Holmes says, "The citizens of Seattle have already spoken clearly that they want marijuana arrests and prosecutions to be the lowest priority." He adds, "I support decriminalizing marijuana, that is a clear difference between myself and Mr. Carr. He is still prosecuting 200 marijuana possession cases a year."

Comment and vote on the answers over HERE.

 

Comments (2) RSS

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Will in Seattle 1
I wonder what their position on kittens and puppies will be - they already commented on Discovery Park.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 30, 2009 at 2:44 PM
2
1st graders eat paste.

6th graders sniff glue.

That's the difference.
Posted by Drug Cartel Mom on September 30, 2009 at 3:23 PM

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