2010 County Office Questionnaire 

THE NATURE OF PRO-LIFE ISSUES
1. Direct threats to human life include first of all abortion, which takes the lives of well over a million US children annually; embryonic stem cell harvesting; euthanasia; and cloning.  Additional threats to human life include poverty, capital punishment, racism, war, nuclear arms proliferation and exploitation.  Since each and every human being is unique and important, one's personhood or worth should not be arbitrarily determined by another's choice.  No one exists solely as a means to someone else's happiness.  The choices we make, as individuals and as a society, must be weighed in light of their impact on human life and dignity.  Do you acknowledge both the breadth of pro life issues, and the primacy of some of those issues, namely abortion, embryonic stem cell harvesting, euthanasia, and cloning?   

ANSWER: 

Let me begin by saying I appreciate very much the valuable service that Lifepac performs.  While the job I am running for does not typically involve issues Lifepac is concerned with (except the death penalty), I think you are entitled to know where I am coming from on most of these issues.  I am prolife.  But I also appreciate that a lot of the life issues will have little or no involvement with in my capacity as County Prosecuting Attorney.

The Prosecuting Attorney is, however, a position of leadership that could help push public policy in a prolife direction.  As such a leader, I would do what I can within the bounds of the law to push public policy in the direction of life.  There are a couple of areas where the position does have a direct role in life issues, like the death penalty.  I will comment more on that below.

To answer the question succinctly, I do acknowledge the breadth of pro life issues and the primacy of some of those issues.
 

ABORTION
2. Do you believe that a unique human life begins at conception? 

ANSWER:  Yes. 

3. The 14th Amendment states "nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The Supreme Court in Roe v. Wade, 1973, stated that "if this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the [14th] Amendment." The Court regrettably concluded though that "we need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer." Do you believe that  the State has a compelling interest in protecting human life beginning at conception?

ANSWER:  It should but the courts, regrettably, have not recognized such a compelling interest in the early to mid stages of a pregnancy.  I believe Roe v .Wade was wrongly decided from a constitutional standpoint.  Even prochoice advocates recognize its constitutional weaknesses.  Making matters worse, judicial legislating from the bench has supplanted the give and take of the legislative process and has resulted in the United States having one of the most pro-choice laws in the world.  

4. Is taking the life of a pre-born child through abortion ever permissible?  Check all that apply:

ANSWER:  The County Prosecuting Attorney is charged with upholding the law within the authority given him or her under the Washington Constitution and statutes.  The position has no authority over the circumstances under which abortion is allowed.  As a leader, I will do what I can to push public policy in a pro-life direction.   

It has been said that “politics is the art of the possible.”  I do not think it is politically possible in the foreseeable future to ban all abortions under all circumstances.  I do think it is politically possible to ban partial birth/late term abortions, restrict public funding, and adopt additional procedural requirements like parental notification.  That is the direction I think the pro-life movement should go—fight for the better and before it fights for the perfect.

Consistent with politics being the “art of the possible”, I would be happier with circumstances where abortions were only allowed to save a mother’s life or in cases of rape or incest.  We are never going to have a perfect world but that is far better than what we have now.    

EMBRYONIC STEM CELLS
5. Do you oppose federal funding for embryonic stem cell research or cloning?

ANSWER:  This is a federal issue that the Prosecuting Attorney has no role in.  On this particular issue as a private citizen I am skeptical that embryonic stem cell research is scientifically necessary.
   

PARENTAL INVOLVEMENT IN ABORTION
6. Peer reviewed studies have shown that parental involvement laws reduce the occurrence of risky sex in teens, and more than 30 states currently have some form of them.  Either the teen refrains from engaging in sex or is more careful before having sex.  These laws help teen mothers and fathers get the support and guidance they need from parents in this important decision.  Not having them risks parental estrangement or alienation from the child when in the greatest need and denies the dignity of the family.  Minors already must have parental approval for even the most minor types of medical procedures or medications and should also for the complex procedure of abortion.   Without parental involvement, a minor impregnated by an adult often times is pressured into having an abortion so as to conceal the fact that the adult is guilty of statutory rape.  Do you support parental involvement laws (with judicial override) for minors when seeking an abortion? 

ANSWER:  Since parental notification could result in the detection and prosecution of crimes against minors, I think that this is a good question for a candidate for County Prosecuting Attorney.  I support parental involvement laws.

PHYSICIAN ASSISTED SUICIDE
7. Washington State Initiative 1000 which was passed in 2008, legalized Physician Assisted Suicide (PAS) by allowing doctors to prescribe lethal doses of barbiturates to certain patients.  The objection to this sanctioning of suicide is that some vulnerable persons, such as those who are feeble, depressed, mentally ill, or handicapped, will likely experience coercion to end their lives.  For them a right to die, already protected in the Natural Death Act, (RCW 70.122), may become a duty to die.  The American Medical Association (policy H-140.952) as well as the Washington State Medical Association (2007 Resolution A-7) oppose PAS.  The AMA states that "physician assisted suicide is fundamentally inconsistent with the physician's professional role."  The initiative uses vague language that enable doctors "acting in good faith" to assist mentally ill or depressed patients to commit suicide, while protecting doctors from civil and criminal lawsuits.  Health care insurers can cut costs by providing prescriptions for suicide.  Will society's sanction of suicide have unintended consequences?  Sponsor and former governor Booth Gardner says that this is only a “first step” in legalizing assisted suicide for anyone who wants it.  When society fails to protect vulnerable people in their troubles, but instead offers them the violence of suicide, has not society abandoned them?  Do you oppose the availability of physician assisted suicide? 

 ANSWER:  I voted against I-1000.  I believe physician assisted suicide laws are subject to abuse that is difficult to detect.  A good Prosecuting Attorney should be open to prosecuting cases where a purported physician-assisted suicide doesn’t comply with the procedural requirements of the law.  

MARRIAGE PRESERVATION
8.  Children develop best within the context of a biologically related family.  This is a scientifically proven fact which the Washington State Supreme Court referenced when in 2006, it ruled on the state’s 1998 Defense of Marriage Act (DOMA).  The court determined that the state’s limitation of marriage to heterosexual couples “is constitutional because the legislature was entitled to believe that limiting marriage to opposite-sex couples furthers … the well-being of children by encouraging families where children are reared in homes headed by the children’s biological parents.”  In concurrence, Justice James Johnson wrote “The unique and binary biological nature of marriage and its exclusive link with procreation and responsible child rearing has defined the institution [of marriage in law].”  In order to affirm and protect children’s rights and the primacy of those rights over adults’ aspirations for novel family forms, do you oppose laws that change the definition of marriage to include homosexual and polygamous relationships? 

ANSWER:   The Prosecuting Attorney has little or nothing to say about same-sex marriage.  I will point out an incident in this debate that demonstrates the role a county official should not assume.  San Francisco City and County Mayor Gavin Newsom took it upon himself to declare California’s law requiring two-person opposite sex marriage unconstitutional.  A county official has no authority to do that.       

MEDICAL CONSCIENCE CLAUSES
9. "The trend toward accepting the termination of some human lives as a normal part of medicine is accelerating ... Courts, policymakers, media leaders - even the elites of organized medicine - increasingly assert that patient rights and respect for patients’ choices should trump the consciences of medical professionals.  Indeed, the time may soon arrive when doctors, nurses, and pharmacists will be compelled to take, or be complicit in the taking of, human life, regardless of their strong religious or moral objections thereto." (Westlie J. Smith, 2009).  Should doctors, nurses, pharmacists and other medical professionals be granted the right to refuse participation in the provision of medical services that violate the person's moral, ethical or religious beliefs? 

ANSWER:  I can see some possibility that the Prosecuting Attorney may have to deal with this issue for a county employee.  I support respecting their moral consciences, particularly since other personnel can almost certainly be assigned to perform the function.

PUBLIC SCHOOL SEX EDUCATION
10. The typical comprehensive sex education program spends as little as 5% of the time teaching abstinence principles (Zogby 3/27/07), instead spending significantly more time teaching students how to put condoms on models of male genitalia and promoting alternative forms of sexual activity called outercourse, which may include showering together and mutual masturbation as effective ways to avoid pregnancy and disease. In contrast, an emphasis on abstinence means teaching students about building healthy relationships and bolstering self worth and self-control.  Do you support only sex education that is wholesome, not dehumanizing and truly safe?

ANSWER:   The County Prosecutor is assigned duties under statute to advise school districts on matters of law.  This is a policy determination made under state law or by school boards.  As a private citizen, however, I do support such education.   
 

DEATH PENALTY
11. The death penalty in the United States should:

 ANSWER:  I have given this issue a lot of thought—long before I ran for County Prosecuting Attorney.  The short answer is that I think the death penalty should be used about the same as it is in Washington—4 times since the restoration of the death penalty more than thirty years ago.  I believe its infrequent use is an effective deterrent.  I also believe that if we have a serious increase in crime that the death penalty might need to be used more. 

But I have concerns about the death penalty.  It has been unfairly applied in the past.  It may not be cost effective as a deterrent.  And most horrible of all is the possibility that the criminal justice system might make a mistake and put an innocent person to death. 

As County Prosecuting Attorney, I can envision cases where I would seek the death penalty.  But this aspect of the job I would take very seriously. 

GAMING
12. A proposed casino off I-5 near Ridgefield is projected to be one of the largest in the nation.  What is your position on the building of this casino?

 ANSWER:  I am currently representing a client that opposes the casino.  The client has publicly opposed the casino based on environmental (transportation and housing) and social (crime and bankruptcy) impacts on the community. The client retained former counsel who unsuccessfully challenged certain actions taken by the National Indian Gaming Commission favorable to the establishment of the casino in US District Court.  The client instructed me to take over the appeal of the District Court decision to the Ninth Circuit Court of Appeals.

Since I am representing a client on this matter, I should refrain from expressing my political views related to this one way or the other.   
 

QUALIFICATIONS AND COMMENTS
13. Please state your qualifications for office such as professional, educational, family and community accomplishments.  You may also add any any further comments regarding the relationship of your candidacy to respect life issues. 

ANSWER:  See below:

 Clark County’s budget is one billion dollars. The Clark County Prosecuting Attorney handles all of the County’s legal matters: criminal prosecution, multi-million dollar lawsuits, advising county officials environmental protection. Only Brent Boger has experience in all of the areas the County Prosecuting Attorney deals with. Only Brent Boger has public and private sector experience as well as the management experience to run an office with more than 100 employees.

Brent has argued major cases in state and federal court as a public attorney for the City of Vancouver. He has advised elected officials on how to legally and fairly make tough decisions. He has also represented private citizens, and protected their civil rights when confronted with overreaching government regulations. This diverse experience makes him the best candidate to fight crime, protect our civil rights, and provide sound legal advice to our county government.

Brent was born in the Midwest but moved with his family as an infant to Olympia. He completed his education in California and began his career there. Brent always considered Washington his home state and was happy to return in 1997. He is married to Ria and has two stepsons. One is a longshoreman and the other is in his last year of medical school at Oregon Health Sciences University.
 

PROFESSIONAL EXPERIENCE
Senior Assistant City Attorney, City of Vancouver

• Land Use Law (GMA, SEPA, Shorelines, zoning, development agreements).
  Environmental Law (CERCLA, ESA, wetlands, storm water, solid waste regulations).
• Municipal Finance and Taxation (completed financing for hotel/convention center).
  Redevelopment (effective revitalization of downtown Vancouver).
  Election law (successful resolution of four lawsuits concerning local initiative and referenda).
• Other responsibilities include real estate, public works, public bidding, legislation, and public disclosure law. Served as general counsel for the Vancouver Public Facilities District, Downtown Redevelopment Authority, City Center Redevelopment Authority, and Vancouver Area Development Authority. Legal Advisor to the City Council and Planning Commission.
• Practice before local trial courts, Ninth Circuit Court of Appeals, U.S. District Court, Tax Appeals Board, Western Washington Growth Management Hearings Board, and Pollution Control Hearings Board.
• Supervision of junior attorneys, law clerks, and support staff.

Resident Attorney, The Pacific Legal Foundation

• Handled Northwest administrative hearings, litigation, and appeals for California-based non-profit legal foundation specializing in the protection of individual rights in property, limitation of taxation and fees, term limits, and Indian law.
• Practiced before Washington Supreme Court, Washington and Oregon Court of Appeals, the Columbia River Gorge Commission, and the United States Supreme Court.

Senior Deputy City Attorney, City of Fresno

• Land use, redevelopment, real estate, and public works law for large fast-growing city in central California.

Attorney in Private Practice, Parichan, Renberg & Crossman Law Corp

• Business, construction, insurance coverage, and products liability litigation and appellate practice for boutique litigation in firm in central California before California trial and appellate courts, U.S. District Court and the Ninth Circuit Court of Appeals.

Staff, California Governor George Deukmejian

• Advised Governor and Senior Staff on matters regarding land use, hazardous and solid waste regulation, and mediated agency jurisdictional disputes.

EDUCATION
J.D., May, 1985, University of the Pacific, McGeorge School of Law, Sacramento, CA.

• Law Review Member, The Pacific Law Journal.
  Merit Scholarship Recipient

B.A. in Economics, May 1980, California State University, Fresno, California.

REPORTED OPINIONS

• Hangartner v. City of Seattle, 151 Wn.2d 439 (2004).
• Benchmark v. City of Battle Ground, 146 Wn. 2d 685 (2002).
• City of Vancouver v. Gilbert, Tax Appeals Bd. 98-72 (2002).
• Progress Clark County v. City of Vancouver, 2000 GMHB Lexis 315 (2000).
• Boise Cascade Corp. v. State ex. Rel. Oregon State Board of Forestry, 1991 P.2d 563 (1999).
• Serian Brothers v. Agri-Sun Nursery, 25 Cal. App. 4th 306 (1994).
• Skamania v. Columbia River Gorge Commission (Commission proceedings), 144 Wn.2d 30 (2001).
• Rhod-a-zalea v. Snohomish County 136 Wn.2d 1 (1998).
• Caldo Oil v. State Water Resources Control Board (Board proceedings), 52 Cal.Rptr.2d 609 (1996).
• Manke Lumber Co. v. Diehl 91 Wn.App. 793 (1998).
• Hagus v. Michael Espy, Secretary of Agriculture, 52 Agric. Dec. 312 (1993).

ACCREDITATIONS AND PROFESSIONAL MEMBERSHIPS

• Member, Washington (1992), Oregon (1996), and California (1985) Bar Associations.
• Admitted, United States Supreme Court (1998) and Ninth Circuit Court of Appeals (1993).
• Admitted United States District Courts for the Eastern (1985) and Northern (1993)
• Districts of California and the Western District of Washington (1998).

OTHER ACTIVITIES

• Member, White House Judicial Appointment Advisory Committee.
• Member, Vancouver Metro Sunset Rotary Club.
• Member, Land Acquisition Committee, Pacific Crest Academy.

WEBSITE POSTING PERMISSION
14. May LifePac post your survey response on its website?

ANSWER:  Yes.