Clark County Prosecuting Attorney Tony Golik has engaged a Seattle-based law firm reportedly to serve as special prosecutors in the legal case against the Republican state representative candidate

Ken Vance, editor
Clark County Today

The Clark County Prosecuting Attorney’s Office has engaged a Seattle-based law firm reportedly to serve as special prosecutors in the legal case against Republican state representative candidate John Ley. 

Court documents obtained by Clark County Today show that Christopher Sanders and Jessica Skelton of the Pacifica Law Group have been engaged to represent Clark County Deputy Prosecutor Amanda Migchelbrink for a perceived conflict of interest in the case against Ley, who has been charged with allegedly registering to vote and as a candidate in an incorrect voter district. Ley is currently a candidate for state representative in the 18th Legislative District, position 2. The charges stem from a citizen complaint regarding Ley’s candidacy in 2022. There have been no challenges to his current candidacy.

The appointment of the Seattle attorneys in the Ley case has raised eyebrows considering that Democrat Nick Brown, a current candidate for Washington state attorney general, is a litigation partner for the Pacifica Law Group. In addition to that, Clark County Prosecuting Attorney Tony Golik is also a Democrat.

Golik did not reply to a phone call or email from Clark County Today requesting comment on his decision. At this point, the funding source for this representation is not clear, raising concerns about potential public expenditure for the defense of a Clark County prosecutor.

With no explanation from Golik, observers are left to rely on court documents to assess his decision to seek special counsel to represent Migchelbrink. Recent discoveries from court motions reveal that Migchelbrink played a significant role in shaping a crucial decision against Ley in a 2022 voter registration challenge hearing. Documents show that Migchelbrink and Auditor Greg Kimsey collaborated closely on the ruling, with Migchelbrink inserting specific factual findings that influenced the outcome.

One exchange in the findings revealed an exchange in the draft ruling highlights that displayed the extent of her influence. Kimsey acknowledged in a note to Migchelbrink of the possible legality of Ley’s residency, stating “if renting a room (like Ley did) was the only requirement to establish residency, a person could accomplish that by renting a hotel or motel room.’’ 

This statement would appear to inadvertently support Ley’s residency claim as being similar to what Kimsey seemed to confirm as a legitimate form of establishing residency through a long-term hotel rental. In her notes to Kimsey, Migchelbrink countered this view, advising Kimsey, “someone could do this though.’’ In a subsequent draft document, Kimsey replied by stating, “good point that someone could have a motel room as a residence, maybe that should be deleted.’’ This part of the discussion was ultimately removed from the final ruling.

“This back-and-forth indicates a troubling level of bias and manipulation within the prosecutor’s office, as key legal conclusions were altered to disadvantage Ley,’’ said Vancouver attorney Angus Lee, who represents Ley. “Kimsey’s admission during these exchanges that he lacks comprehensive knowledge of federal election law further complicates his credibility, given his significant role in ensuring election compliance.’’

Lee previously told Clark County Today that, historically, only three prosecutions have occurred in Washington state under the same statutes Ley is accused of violating (29A.84.130 and 311), with two of those prosecutions dating back over a century to 1912. Significantly, all three cases were later overturned by the courts.

Ley was a candidate for the same 18th District representative position in the Aug. 2, 2022 primary election. However, a voter registration challenge was filed against Ley, who had listed a friend’s Battle Ground home as his address even though he was a long-time owner of a home in Camas. The Battle Ground address was within the 18th Legislative District. Due to redistricting, Ley’s Camas home was now within the 17th Legislative District.

Less than three weeks prior to the Aug. 2, 2022 primary, Clark County Superior Court Judge David Gregerson ordered that Ley was an ineligible candidate for the position. In his ruling, Gregerson directed the Clark County Canvassing board, in its certification of the 2022 primary election, to not include votes cast for Ley. The Clark County Auditor’s Office, guided by Auditor Kimsey, did count the Aug. 2, 2022 primary election ballots that were returned with votes for Ley, who was one of three Republicans vying to advance from the top-two primary to the November 2022 general election. Democrat Duncan Camacho advanced as did Republican Greg Cheney, who finished with 315 more votes than Ley (9,003 to 8,688). Cheney then earned the position by defeating Camacho in the November general election.

In November (2023), Ley was charged with allegedly registering to vote and as a candidate in an incorrect voter district. He was arraigned on Nov. 28 (2023) and entered a plea of not guilty.