Defense attorney eyes the bench

ASOTIN — One of the last remaining public defenders in Asotin County did not renew his contract and is instead turning his attention to running for Superior Court judge.

Vic Bottomly, who has handled indigent defense here for the past nine years, said the two primary reasons behind his decision are increasing family obligations and a year of turmoil in Asotin County Superior Court.

“This last year was the hardest year I’ve ever had as a lawyer,” Bottomly said.

The “tsuami” hit in April when Superior Court Judge Scott Gallina was arrested on sexual misconduct charges and left the bench on paid administrative leave. As Gallina’s court case continues, Asotin County has been dealing with the fallout.

“We’ve been trying to put things back together ever since last spring,” Bottomly said of the unprecedented situation. “This county has suffered badly this past year because we don’t have a consistent judge. I want to be clear, all of the visiting judges have been top notch, but they have their own schedules and lives, and each judge operates his docket differently. We don’t necessarily know if we’ll see the same judge at the next hearing in each case. This has slowed the process down dramatically.”

Bottomly, 61, said he plans to file for the judge’s job in May, when the position opens for reelection. In the meantime, he will wrap up his 21 active public defender cases and concentrate on his private practice as a bankruptcy and criminal defense attorney.

“I never set out to be a judge,” Bottomly said. “But I’ve appeared before more than 100 judges during my career, and I’ve learned a lot from all of them. This is my home. It’s my community. I want to continue working here.”

Bottomly grew up in Belgrade, Mont., and graduated from the University of Montana School of Law. After graduation, he and his wife, Lauren, moved to Tacoma, where she finished her law degree at the University of Puget Sound.

“I practiced in Seattle and Tacoma and all over western Washington until 2010,” Bottomly said. “We wanted to move somewhere similar to where we grew up, but we didn’t want the cold weather. That’s how we ended up here.”

Before heading east, Bottomly focused on criminal defense, insurance cases, tax and real estate law. His bread and butter has always been at the defendant’s table.

“Criminal defense is where I got my start, and it’s one of the things I like doing the most,” he said.

What he found in Asotin County is a “perpetual state of triage.” Between the lack of resources and the hectic pace, Bottomly said he quickly realized he was putting in more than 40 hours a week as a “part-time” public defender.

The county used to have three public defenders on contract, but one of the attorneys abruptly quit in December, and Bottomly’s contract expired at the end of January. The only person left on the roster is attorney Jane Richards of Asotin. To date, no one has applied for the vacant slots, and many cases are now being handed to “off-contract” lawyers throughout the area.

The shortage of public defenders is often mentioned at Asotin County Commission meetings. Commissioner Brian Shinn has said he’s trying to recruit potential applicants for the job, but the hardline stance and “inflexibility” of Deputy Prosecutor Curt Liedkie has made the task much more difficult.

When asked about Shinn’s comments, Bottomly said the lack of interest for indigent defense can’t be pinned on one person.

“The stress of our current circumstances is weighing on everyone,” Bottomly said. “I think it is unfair to single out a prosecutor or any particular person as the problem. I’ve practiced against numerous prosecutors throughout the state, and although I find Asotin County prosecutors to be firm and aggressive, I can’t say they are anywhere out of the norm compared to the west side.”

Criminal defense attorneys always complain about prosecutors and vice versa, Bottomly said.

“That’s the nature of the adversarial system. I have utmost respect for the prosecutors in Asotin County.”

In addition to an increasing jail population, mounting caseloads and scarce resources, Asotin County has faced a major challenge with the empty bench in Superior Court, he said.

“Almost a year ago, before the turmoil began, I commented to the prosecuting attorney that we were getting by in a life raft with 6 inches of free board and moderate seas. Resolving cases was taking longer, but we were getting by.”

The tipping point was the prolonged absence of a sitting judge, he said.

“I’ve pretty much had to put my private practice on hold for the past seven months,” the longtime attorney said. “We need help. It’s not unusual for us to be in court on law-and-motion days from 8:30 a.m. until past 7 now.”

Bottomly believes the strain could be eased if Asotin County had a full-time judge who lives in the community and is committed to the job. In reality, Asotin, Garfield and Columbia counties could actually use more than one judge, he said.

So far, Bottomly is the only candidate who has publicly thrown his hat in the ring for the Superior Court judge position. If elected, he would be responsible for handling cases in those three counties.

“The main things I think I would bring to the office are 28 years of diverse experience in just about every type of case that Superior Courts handle, a habit of listening to people and a longtime commitment to see actual justice applied to real people with real problems.”

Sandaine may be contacted at kerris@lmtribune.com or (208) 848-2264. Follow her on Twitter @newsfromkerri.