Commissioner Smith Sued by Sportsmen's Alliance

[pickardjw]

https://sportsmensalliance.org/news/sportsmens-alliance-files-suit-against-wash-wildlife-commissioner-lorna-smith/

Sued for holding a position on the Jefferson County Planning Committee in conjunction with her position on the Fish & Wildlife Commission.

[bearpaw]

Amazing, it says they even listed it on her bio for the commission.

[Jake Dogfish]

Interesting.  I don’t know how they are allowing her to serve both.

[pickardjw]

She still isn't confirmed by the Senate going on 14 months...ya know, the process that's in place to confirm that these people are eligible for the position and compliant with the terms!

The article notes that ZERO of the current Commissioners have been confirmed by the Senate. Woody and Parker withstanding, is that true of the older term Commissioners like Linville and Anderson? Not sure how to check that...

[hunter399]

Interesting.  I don’t know how they are allowing her to serve both.

Cause inslee thinks he is above the law.
Good news.
I'm going to celebrate later ,shot of whiskey is in order.

[Smokeploe]

If they are not confirmed by the Senate then how can they create and enforce any laws!  Until confirmed they do not have any powers!  If my statement is true then this years cancellation of the spring bear hunt is null and void!  All members of the board should be sued to step down, no voting, no recommendations, no seat no nothing until confirmed by the Senate!

Smokeploe

[Jake Dogfish]

If they are not confirmed by the Senate then how can they create and enforce any laws!  Until confirmed they do not have any powers!  If my statement is true then this years cancellation of the spring bear hunt is null and void!  All members of the board should be sued to step down, no voting, no recommendations, no seat no nothing until confirmed by the Senate!

Smokeploe

Technically I don’t think the create or enforce any laws.

[pendoreilleadventures]

If they are not confirmed by the Senate then how can they create and enforce any laws!  Until confirmed they do not have any powers!  If my statement is true then this years cancellation of the spring bear hunt is null and void!  All members of the board should be sued to step down, no voting, no recommendations, no seat no nothing until confirmed by the Senate!

Smokeploe

Technically I don’t think the create or enforce any laws.

Correct it is their recommendations that have to be approved by the senate before they they becomes laws.

[pianoman9701]

If they are not confirmed by the Senate then how can they create and enforce any laws!  Until confirmed they do not have any powers!  If my statement is true then this years cancellation of the spring bear hunt is null and void!  All members of the board should be sued to step down, no voting, no recommendations, no seat no nothing until confirmed by the Senate!

Smokeploe

When they're appointed by the King, they're given full power over season setting and rule changes. The senate confirmation allows them to continue in their role. That is my understanding. @bigtex  ??

[Smokeploe]

Then this gives Inslee more power than Biden!  Biden can appoint someone to the Supreme Court but they cannot seat there until they are confirmed.  This is why there is a conformation process!  To make sure they are legally, and morally fit to be confirmed!   Or is Washington a backward state?

Smokeploe

[Smokeploe]

This is from the first page of the rules and procedures for the wild life commission

WASHINGTON FISH AND WILDLIFE COMMISSION RULES OF PROCEDURE
Approved August 6, 2021
I. APPOINTMENTS, TERMS, AND QUALIFICATIONS
The Washington Fish and Wildlife Commission is comprised of nine members serving six-year terms. Members are appointed by the Governor and confirmed by the Senate. Three members must reside east of the summit of the Cascade Mountains, three must reside west of the summit, and three may reside anywhere in the state. No two Commissioners may reside in the same county. (RCW 77.04.030).
Persons eligible for appointment as members of the Commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. (RCW 77.04.040).


There is no mention that they have powers right away, they must be confirmed by the Senate.   If they are not confirmed they, by rights have no power until confirmed.

Smokeploe

[pianoman9701]

Then this gives Inslee more power than Biden!  Biden can appoint someone to the Supreme Court but they cannot seat there until they are confirmed.  This is why there is a conformation process!  To make sure they are legally, and morally fit to be confirmed!   Or is Washington a backward state?

Smokeploe

Equating the Commission with the SCOTUS is a bit of a stretch, but you're correct. The King can appoint anyone he wishes to do anything he wishes. Confirmation is really a formality because both the senate and house majorities are the King's lap dogs - they'll do what he says. There is no separation of powers anymore in WA. There may not be mention of the having immediate powers, but they do.

[bigtex]

If they are not confirmed by the Senate then how can they create and enforce any laws!  Until confirmed they do not have any powers!  If my statement is true then this years cancellation of the spring bear hunt is null and void!  All members of the board should be sued to step down, no voting, no recommendations, no seat no nothing until confirmed by the Senate!

Smokeploe

They don't have to be confirmed.

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[pianoman9701]

This is from the first page of the rules and procedures for the wild life commission

WASHINGTON FISH AND WILDLIFE COMMISSION RULES OF PROCEDURE
Approved August 6, 2021
I. APPOINTMENTS, TERMS, AND QUALIFICATIONS
The Washington Fish and Wildlife Commission is comprised of nine members serving six-year terms. Members are appointed by the Governor and confirmed by the Senate. Three members must reside east of the summit of the Cascade Mountains, three must reside west of the summit, and three may reside anywhere in the state. No two Commissioners may reside in the same county. (RCW 77.04.030).
Persons eligible for appointment as members of the Commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. (RCW 77.04.040).


There is no mention that they have powers right away, they must be confirmed by the Senate.   If they are not confirmed they, by rights have no power until confirmed.

Smokeploe

There's no stated time limit about when they must be confirmed and there's nothing that says they can't perform the full duties of a confirmed commissioner before their senate confirmation. Inslee has been using the ambiguity of the RCW to his personal advantage, appointing people from organizations friendly to his pockets and allowing them to tear apart a working system. Lorna Smith is a prime example.

[bigtex]

RCW 43.06.092
Gubernatorial appointees—Continuation of service—Appointments to fill vacancies.

(1) Any gubernatorial appointee subject to senate confirmation shall continue to serve unless rejected by a vote of the senate. An appointee who is rejected by a vote of the senate shall not be reappointed to the same position for a period of one year from termination of service.

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