Public Records Shed Light on the Controversial Appointment of Judge Brent Basden
The 2019 appointment of Judge Brent Basden to Clallam County Superior Court was—and remains—a highly controversial moment in our local judiciary.
While the governor’s office presented a polished narrative to the public at the time, newly released public records obtained by The Olympic Herald through a Public Records Act request reveal a much more insular process behind closed doors.
The documents, which include internal emails and official memos from Governor Jay Inslee’s office, show a timeline marked by initial oversights, suspected leaks by the candidate, a deliberate media freeze-out, and insider privileges.
An Initial Oversight?
Despite having served as a Clallam County Superior Court Commissioner since 2008, Basden appears to have been initially overlooked by the governor’s vetting team.
On October 19, 2018, Larry Shannon, writing from a Washington State Association for Justice email address, contacted the Governor’s Chief Legal Counsel, Kathryn Leathers, to question the omission.
“I have just reviewed the Clallam County Bar Poll and looked at the leader, Brent Basden,” Shannon wrote. “I do not recall seeing him on your list. Did I miss him, is there some other reason, or was it just an oversight?”
Basden’s candidacy quickly gained momentum following the inquiry. By November 1, the Washington Women Lawyers submitted their judicial evaluation ratings, giving Basden their highest rating of “Exceptionally Well Qualified”—a distinction he shared with local attorney Steve Robins.
The records also show Basden compiled an extensive list of recommendation letters from legal heavyweights, including State Supreme Court Justice Susan J. Owens and the retiring judge he sought to replace, Christopher Melly.
Suspected Leaks and a Media Freeze-Out
As Basden rose to the top of the shortlist, internal communications reveal that the governor’s office became suspicious that the candidate was prematurely leaking the news of his impending appointment to courthouse insiders.
On October 17, Paul Gottlieb, a senior staff writer for the Peninsula Daily News, politely emailed the governor’s office requesting a standard, embargoed heads-up on the final decision so the local paper could prepare its coverage for the community.
By November 9, Leathers emailed the governor’s communications team to note she was ignoring Gottlieb’s follow-up inquiries.
She suspected that Basden, who had not yet formally interviewed with the governor, was already treating the position as his own.
“Although not public yet, a candidate will meet with the Governor next week (Wednesday). He is the current sitting Commissioner, Brent Basden,” Leathers wrote.
“I suspect Basden has at least told the presiding superior court judge so that they can start their process of looking for his replacement. Which likely means that the word has gotten out already…”
In response to the suspicion that Basden had already leaked the news locally, the governor’s communications staff decided to shut the local press out.
“Ok, we are not giving Paul any early heads up then,” Deputy Communications Director Tara Lee replied on November 13. “He will get it when everyone else does.”
Controlling His Own Narrative
While local journalists were actively kept in the dark, Basden was granted a remarkable level of control over his own public narrative.
On the afternoon of November 14—the very day he met with Governor Inslee—Communications Director Lee sent a draft of the official press release directly to Basden’s personal email account for his approval.
“Congratulations!” Lee wrote. “Below you will find a draft release announcing your appointment. Please review and let us know of any changes or additions you’d like.”
The finalized release highlighted his time as a commissioner, his pro bono work, and his role as a stake president for the Church of Jesus Christ of Latter-day Saints.
That same day, Governor Inslee officially signed his commission, effective January 1, 2019.
The Public’s Right to Know
For the citizens of Clallam County, the appointment of a Superior Court Judge has profound and long-lasting implications.
These records provide a factual look at how that machinery operates: an appointment process where insider communication is standard, a chosen candidate is given the privilege of reviewing his own press release, and local media—and by extension, the public—are intentionally kept at arm’s length until the final ink is dry.
We believe that transparency is the foundation of accountability. In the interest of full public disclosure, we are making the complete, unedited file of records we received from the governor’s office available to our readers.