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News / Northwest

McKenna challenges high court ruling on legal aid

The Columbian
Published: September 22, 2011, 5:00pm

OLYMPIA, Wash. (AP) — Attorney General Rob McKenna is challenging the state Supreme Court’s ruling that requires his office to represent the public lands commissioner in a legal appeal.

McKenna says in court documents that the justices “misapprehended law and overlooked fact.” He asks the court to reconsider its opinion, even though only two of the nine justices dissented in the decision earlier this month.

The court found that McKenna could not deny the commission legal representation, saying that his “responsibility is clear.” McKenna says he believes the ruling runs contrary to past decisions and that it could have unintended consequences, such as forcing his office to represent both sides of a dispute.

The lands commissioner had sought McKenna’s aid in appealing a right-of-way case in Okanogan County. McKenna’s appeal is dated Wednesday.

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