UPDATE 4:44 PM: The recall campaign can move forward. Judge Rogers ruled Wednesday that the charges in the case are sufficient to certify the petition on the four allegations argued in the day’s hearing and that the matter can now move forward to the election process meaning signature gathering to place a vote on the ballot.

In the decision, Rogers outlined his role as gatekeeper and noted there is evidence to support both the recall effort and Sawant’s responses to some of the alleged improprieties. “(I)n this proceeding, this Court’s role is not to weigh factual disputes over allegations,” Rogers writes, “but to examine whether, if the the allegation, taken as true, are sufficient.”

Details on the four allegations that will move forward in the recall process are below. The full response from Rogers is embedded here..

Sawant was scheduled to make a speech to supporters following the decision. According to a Sawant representative, Sawant will launch an appeal supported by the City Attorney.

UPDATE 12:30 PM: The closure of City Hall this summer due to the COVID-19 crisis and Kshama Sawant’s appearance at a protest outside Mayor Jenny Durkan’s Northeast Seattle home could be key factors in the decision on whether the recall effort against the District 3 councilmember should move forward.

In a Wednesday morning hearing, Judge Jim Rogers heard Sawant’s legal counter arguing against certifying the recall petition against her that would clear the way for a ballot decision on her recall next year.

In his presentation to the judge, Dmitri Iglitzin of the Barnard Iglitzin & Lavitt law firm representing Sawant argued the recall effort lacks “specificity” and said the issues cited are political and not legally substantial. “This is not a campaign event,” Iglitzin said.

Meanwhile, Davis Wright Tremaine lawyer John McKay representing the recall campaign said Sawant’s acts including opening a COVID-closed City Hall to protesters and participating in a protest in front of the “confidential” location of the mayor’s residence are violations worthy of the recall being sent to the ballot. Continue reading →