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All the questions about newly elected, 25-year old District 3 Kitsap County Commissioner Josh Brown’s residence could be settled as soon as Feb. 5. Visiting judge, Craddock D. Verser of Jefferson County, set that date to hear Central Kitsap resident Robert Ross’ lawsuit alleging that Brown lied about his official residency and is not a resident of the district he was elected from, and that has never lived in the apartment he listed as his residence on his declaration of candidacy.
Kitsap County Prosecuting Attorney Russ Hauge had publicly stated prior to today’s hearing that if the case wasn’t thrown out as Brown’s attorney, former Kitsap County Democratic Party Chair John Morgan, was confident it would be, that he would recuse his entire office from the case and turn it over to prosecutors from another county. The Kitsap County Superior Court has also said it will pass on hearing the Brown matter, and refer it to a judge from another county.
According to several courtroom observers, Brown was obviously stunned at the ruling, reacting physically. “That judge sure wiped that smug look off his face in a hurry,” chuckled one observer.
Brown simply hung up when he was called by the Business Journal attempting to reach him for a comment.
When Morgan was asked to comment, all he would say on the record was, “My motion to dismiss was denied along with of that the county auditor’s. I think this was good example of what happens when the legislature doesn’t do its job.”
When asked to explain that, he discussed some of the ambiguity surrounding the law that applies in this case and suggested the legislature needed to clarify it.
Morgan did say that when the case comes to court on Feb. 5, he was confident Brown would be vindicated. “I am confident we will prevail at the evidentiary hearing. I’m set to go with guns blazing when they present their evidence.”
A second challenge to Brown’s residency has also been filed by Capt. James M. Olsen of Bainbridge Island. Olson’s action, which can be filed by any registered voter in the county, challenges Brown’s eligibility to vote in the upcoming Feb. 6 election, based on his residency.
According to Olsen’s complaint, Brown lists his residence as 1015 Perry Avenue in Bremerton, which is in District 3, but states that in reality, he resides with his parents at 13607 Olympic View Rd. in Silverdale, which is in Commissioner District 1 - Endresen’s district. Olsen says it isn’t his intention to drive Brown from office, but says he takes issue with what he termed “perjury and misrepresentation.” He also said he is not acting in concert with Ross.
That matter will be heard by the Kitsap County Canvassing Board, which consists of County Commission Chair Chris Endresen, Prosecuting Attorney Russ Hague, and County Auditor Karen Flynn. All three are Democrats, as is Brown, and all three contributed money to Brown’s election campaign. In fact, Flynn contributed twice.
Endresen and Hague both have stated they will recuse themselves from the Canvassing Board, and each appoint a representative to take their places. Flynn had made no public statement on the issue at presstime. According to the Auditor’s office, Olsen’s complaint must be heard prior to the Feb. 24 certification of the Feb. 6 election.
Endresen has stated that she views Olsen’s action as, “harassment from sore losers.” Olsen only says that the truth will become obvious when he presents his evidence.
Normally, county commissioners are defended by lawyers from the prosecutor’s office. But since the suit was filed before Brown officially took office and didn’t name the county, it also means that Brown will pay the cost of his own defense.
(For more information about the lawsuit mentioned in this article,
you can download this PDF.). | 
