EPHRATA - Whether Grant County will pay to defend former Coroner Jerry Jasman remains undecided.

It could become possible after a ruling by visiting Douglas County Superior Court Judge John Hotchkiss. The ruling allowed Coroner Craig Morrison to participate in the Grant County Superior Court civil case filed against his employee.

The ruling by allows Jasman's attorney, George Ahrend, to represent Morrison during the proceedings. The Grant County Superior Court case filed by Prosecutor Angus Lee is aimed at preventing Jasman from signing death certificates.

Prosecutors are arguing only the coroner or a deputy coroner can legally sign death certificates in cases of murder and suicide, according to court records. They claim both positions are public offices.

Jasman previously entered a plea to disorderly conduct. As part of the plea agreement, he agreed not to hold public office, according to court records. Since rejoining the coroner's office, following Morrison's election, Jasman signed death certificates in a murder and at least one suicide.

After Lee filed the lawsuit, Morrison asked the commissioners to pay for Jasman's defense costs. The commissioners initially approved the funding, and after speaking with Lee, they reversed their position, according to court records.

When Hotchkiss ruled Lee offering advice to the commissioners concerning the lawsuit was a conflict of interest, Morrison tried a second time to get the commissioners to pay for the defense costs, according to county records. They denied the request after speaking with a special prosecutor appointed to the give them advice.

Ahrend and Morrison responded by filing a motion to allow Morrison to intervene in the case because Lee didn't represent his interests, and appoint Ahrend as a special prosecutor. The appointment means the county would be responsible for paying Ahrend.

Ahrend argued Morrison was the real party in the case, saying Lee didn't represent Morrison's interests in who he could hire and assign duties to.

"Who he can hire and what job duties he can assign will undoubtedly be affected by whatever result is reached in this case," Ahrend said during the hearing. "We shouldn't reach that result without his participation."

Morrison didn't start the case, and should be entitled to have an attorney paid for, Ahrend said. The coroner is simply trying to preserve and defend what he believes is allowed by his office.

Hotchkiss asked what if the coroner was wrong, and what he was doing was violating the law.

"The question of whether he is entitled to a defense is separate from the question of whether he is correct on the merits," Ahrend said. "He believes that he is right."

Special Deputy Prosecutor Ione George argued the coroner had an interest in the case, but she didn't feel it was an interest which would allow Morrison to intervene in the case.

"The coroner is identified because he wants (Jasman) to be his employee, he wants his employee to have the ability to act in this way," she said. "He's been advised legally by his counsel that act is inappropriate. He disagreed with it. He has an interest in having his rights vindicated." George argued similar cases showed the courts allowed the elected officials to do what they want, but they aren't entitled to representation.

"I don't see that he has any more interest in this action than if, say Mr. Jasman was independently prosecuted for (driving under the influence,)" she said. "If he were to be convicted of DUI, it would take him out of the ability to perform the tasks that the coroner would like him to perform."

She also pointed out Morrison hasn't pointed out what interest he has in the case which is different than Jasman's.

George disagreed with appointing Ahrend as a special prosecutor, saying the law requires the prosecutor's office to have a duty to defend Jasman.

"There is no duty," she said. "In fact, the only duty we have right here is the quo warranto statute that provides the duty of a prosecutor to file a quo warranto action. A quo warranto action is always going to be against a county official, or someone acting as a county official."

The law becomes unreasonable and irrational if it imposes both a duty to prosecute a public official and a duty to defend the official, George said.

Ahrend pointed out Morrison received conflicting legal advice from various sources, including the prosecutor's office, the Washington Association of Coroners and Medical Examiners, and from the attorney general's office.

"It's not accurate to say there is this advice that is out there that (Morrison) can't do this," he said. "There is conflicting advice at the least."

Ahrend also added Morrison does have the right to the appointment of a special prosecutor to represent him.

Hotchkiss allowed Morrison to join Jasman, but did not decide on whether Ahrend would be appointed as a special prosecutor.