The Washington Supreme Court ruled Jan. 16 that forestland owners are immune from lawsuits if trees they left standing at the state's direction fall on property or people.

The Washington Supreme Court sided Thursday with a sportsmen’s group that argued Fish and Wildlife Commissioner Lorna Smith can’t also serve as a county planning commissioner.

The 5-4 decision clarifies the definition of “office” under state law, but has no immediate impact. Smith resigned from the county position more than a year ago and will stay on the state commission.

U.S Sportsmen’s Alliance filed the suit to send the message it was watching the commission, Senior Vice President Todd Adkins said.

The commission has gone “off the rails,” taking actions such as banning spring bear hunting without firm legal footings, he said.

“You have to start somewhere,” Adkins said. “A very clear message has been sent to every commissioner. The Sportsmen’s Alliance and others will enforce the standards set by the Legislature.”

State law prohibits Fish and Wildlife commissioners from holding another office. The state argued a county planning commissioner only advises and doesn’t have enough power to be considered an officeholder.

Smith was a Jefferson County planning commissioner when she was appointed to the nine-member Fish and Wildlife Commission by Gov. Jay Inslee in 2021. She was confirmed by the state Senate.

Smith resigned from the county post last year after a Thurston County judge ruled she couldn’t hold both volunteer positions. Her resignation resolved the dispute, but the state pursued the precedent-setting case to the Supreme Court.

Inslee submitted a friend-of-the court brief arguing a broad interpretation of “office” would limit his ability to appoint qualified people to boards.

The positions didn’t conflict, and the high court ruling will make filling volunteer boards and commissioners harder, Smith said. “Frankly, I’m surprised by the decision, but it not longer affects me personally,” she said.

She said she was thinking about quitting the planning commission before the lawsuit because of the time commitments.

“When I got sued, I thought the headline should be, ‘Grandmother sued for over-volunteering,’” she said. “I was going back and forth (on resigning.) When the lawsuit came, I thought, ‘Well, that makes it easy.’ “

Justice Charles Johnson, writing for the majority, noted state law defines an officer as someone who discharges the duties of an office. “This guidance is not helpful to our analysis,” Johnson wrote.

Turning to Webster’s dictionary, Johnson found that an officer holds a position of responsibility conferred by a governmental authority for a public purpose.

County planning commissioner fits the definition, according to Johnson and Justices Sheryl Gordon McCloud, Barbara Madsen, Susan Owens and Debra Stephens.

Chief Justice Steven Gonzalez said the definition was “reckless.”

“Under that definition, almost any public employment or volunteer work would be an office,” he wrote in a dissent joined by Justices Mary Yu, Raquel Montoya-Lewis and Helen Whitener.

The Sportsmen’s Alliance is based in Ohio. Adkins declined to say how many members it has in Washington. “We have a lot of members and supporters in Washington, and we are fighting for them,” he said.

A state legislator this year introduced a bill to disband the Fish and Wildlife Commission. Hunters and anglers testified the commission had lost sight of its legal responsibility to maximize hunting and fishing opportunities.

Wildlife advocates praised the commission for paying more attention to conservation than in the past.

Smith said she’s not anti-hunting. “I’m flabbergasted that they would single me out,” she said.