Our government is set up with particular checks and balances. To over simplify, we have law makers, law enforcers, and law interpreters. Legislature, Executives, and Judiciaries. The courts are responsible for determining when and if someone has done something illegal.

There have been two cases in the last 12 years of the Seattle City Council where a member has faced recall charges for one reason or another. Richard Conlin, the then-Council President, had his legal expenses covered in 2011 when there was an unsuccessful recall effort. People wanted to recall him because those who elected him did not agree with one of his policies.

The city council felt, and rightly so, that they should fund his legal defense. Everyone has the right to representation, regardless of whether or not others believe they are guilty. That is why courts exist: to avoid the practice of determining guilt or innocence based upon public opinion and political sentiment.

This became a heated topic when it came to Kshama Sawant's recall. The council, again, voted to fund her legal fees in 2020. There is a precedent for doing so, whether or not people want this to be the truth. Precedent governs so much of what our system does and people do not have the right to just decide all of a sudden that they will break with the existing structure.

Regardless of what Kshama did to start the recall (eventually the State Supreme court approved the recall effort, but voters decided to keep her in office in December 2021), she deserved fair representation, and as an elected official, the city should provide. She needed to have a fair trial, which she got. That was only possible because legal professionals were involved in her defense. And she shouldn't have to pay for the lawyers because she wouldn't even need them if she hadn't been doing the work of serving on the Council.

Courts and judges exist for a very good reason. All of us have a right to be heard, and it is imperative that we are able to fully rely on our court system to make legal determinations of people's actions.  It is not the City Council’s job to judge a sitting member, and as precedent dictates, they should support the councilmember by providing for these legal expenses. 

Even former Mayor Jenny Durkan faced a recall effort and many council members mentioned funding her legal council as well. 

Regardless of the allegations, sitting city council members should get funding for their legal defense against any recall effort. It is the only possible way to ensure due process for an elected official.