City of Everson v. Assink

Facts of Case

The Superior Court for Whatcom County held that the town marshal of Everson, Washington, could not represent the town as its trial attorney in a criminal proceeding and the town appeals.1

*843The issue arose in this fashion.

In the early morning hours of May 4, 1974, Harry B. Assink was driving home from the Everson Tavern. He was observed by the town marshal driving his car down the center of Main Street at a speed of 2 m.p.h. After Mr. Assink twice signaled for a left turn and twice turned right, he was stopped, questioned as to the state of his sobriety and then placed under arrest.

A…