The Washington state Supreme Court on Thursday upheld a lower court ruling dismissing the recall petition against Thurston County Commissioner Emily Clouse.
“We conclude that none of the charges are both factually and legally sufficient,” Justice Raquel Montoya-Lewis wrote in an opinion filed Thursday, Feb. 26.
All eight other Washington state Supreme Court justices signed on that they concur.
The recall petition was initially filed by Thurston County citizen Arthur West in December 2024 after the county released the results of a monthslong investigation into Clouse’s personal and professional aide.
The aide, Allyn Hershey, had sued the county for alleged sexual harassment, retaliation and suppression in November 2024. He dismissed the lawsuit in January 2025 as part of a $300,000 settlement agreement.
Her fellow commissioners censured Clouse during the investigation and denied her legal aid during the subsequent court proceedings.
The investigation found that Clouse engaged in behavior that was “more likely than not, inconsistent with and contrary to the behavioral requirements and expectations of professionalism” outlined by the county.
It did not, however, find concrete evidence that Clouse sexually harassed or retaliated against Hershey.
In his recall petition, West alleged that Clouse “committed a recallable offense by hiring an individual as her assistant despite having a personal relationship with the person,” and alleged that Clouse “accepted money and some gifts from the individual and did not provide repayment.”
The independent investigation initiated by Thurston County into Clouse’s conduct found that Hershey and Clouse ended their relationship about a month after Hershey was hired, but they continued to work together until Clouse fired him in July 2024.
The investigation found that Hershey occasionally bought Clouse coffee, food and gifts while they were engaged in a personal relationship and transferred $50 to her for gas on one occasion. It also found that Hershey sent Clouse $1,500 for a plane ticket, but they couldn’t agree on whether it was intended as a gift or a loan.
The investigator ultimately found that “the employee ‘did not identify any statement or action by [Clouse] that directly or indirectly suggested that any aspect of his job . . . was dependent on or otherwise tied to any . . . relationship or conduct with her,” Montoya-Lewis states in the opinion.
Judge Jennifer A. Forbes of Kitsap County Superior Court dismissed the recall attempt in January 2025, finding that the petition did not include an allegation of the legal standard, rule, or law Clouse violated, which is a requisite to a finding of legal sufficiency.
The trial court further concluded that the allegations relied “upon an appearance of impropriety” without explaining how Clouse’s behavior documented in the investigation “constituted misfeasance, malfeasance, or a violation of the oath of office,” Montoya-Lewis states in her opinion.
West appealed the trial court’s ruling to the Washington Supreme Court later that year.
In the conclusion of her opinion, Montoya-Lewis finds that West’s allegations are not specific enough “to give the elected official meaningful notice of the particular conduct challenged and why it is grounds for recall.”
While some — but not all — of the allegations are factually sufficient, Montoya-Lewis states, “they are legally insufficient because they fail to identify how Clouse’s actions rise to the level of misfeasance, malfeasance, or a violation of the oath of office, necessary to support a recall action.”
In a statement to The Olympian on Thursday, Clouse said, “I respect the court’s decision … I really appreciate the clarity it provides and the affirmation that the recall petition did not meet the legal standard required to move forward.”
On the scandal that dominated her first term, Clouse said, “I’ve taken the concerns raised really seriously, reflected on them, worked to strengthen boundaries and internal processes in my office. Public trust matters, and I remain committed to upholding that public trust.”
Clouse registered as a Democrat for reelection on Jan. 5 and has a campaign event scheduled for March 1.
