With a hearty laugh and a Southern lilt that made
his oral arguments sing, Seattle-area lawyer Russell Brooks
spearheaded the fight for property rights in the Northwest.
After turning to law as a second career, Brooks
became best known for winning a ruling that forced federal fisheries
officials to reconsider virtually all Endangered Species Act
protections for West Coast salmon.
He also argued against a racial tiebreaking
provision used by Seattle schools in a case currently being decided
by the U.S. Supreme Court.
He died of a heart attack Sunday at the age of 41.
After working as a computer programmer in Texas
for about 10 years, Brooks, a Mississippi native, went to law school
in California. There he interned at the Sacramento-based,
Libertarian-leaning Pacific Legal Foundation, which later hired him
and sent him north to revive its office in Bellevue.
A brilliant and tenacious litigator who might
break into song in a light moment, Brooks worked extremely long
hours but also made time for camaraderie with his colleagues,
co-workers said.
"He is going to be deeply missed by the
property rights movement," said Timothy Harris, a close friend
who helped Brooks re-establish PLF's Seattle office and now works
for the Building Industry Association of Washington.
"Russ was so passionate about free enterprise
and about protecting citizens from government oppression and
regulation. He made it his life."
John Stuhlmiller of the Washington Farm Bureau, a
client of Brooks in more than a dozen lawsuits, remembers e-mailing
Brooks late at night, only to have Brooks e-mail him right back,
with both questioning why the other was still in the office at that
hour.
When Brooks would lose a case, Stuhlmiller said, his
reaction would usually go something like this: "We got our
heads handed to us on this one, but the judge wasn't right. We're
going to keep looking for those cases that will prove the law is
what the law is."
In the salmon case, Brooks homed in on the Oregon
Coast coho, arguing that there was no genetic difference between
fish produced in hatcheries and those born in the wild. Because
there were plenty of hatchery-bred fish, Brooks argued, Endangered
Species Act protections should not apply to the wild fish.
U.S. District Judge Michael Hogan bought much of
that argument, setting off a round of litigation over the question
that ultimately forced the National Marine Fisheries Service to
reconsider almost all the protected salmon stocks.
However, the agency ultimately decided to protect
the wild stocks under different reasoning, and Brooks set about
pushing a second generation of cases he was still pursuing before
his death.
"He was passionate about making sure the
Endangered Species Act was complied with as intended by Congress,
and not abused," said Rob Rivett, president and chief executive
officer of the legal foundation. "Russ always had that cowboy
attitude that he'd try anything, and he felt he could win
anything."
But sometimes he did not win. One of Brooks' most
significant losses came in December in a challenge by the builders
association and farm bureau to Endangered Species Act protections
for Puget Sound orcas.
U.S. District Judge Thomas Zilly in Seattle ruled
that the builders and farmers couldn't pursue the suit because they
could not prove that any harm had come to them as a result of the
orca protections.
Brooks was proud of his Southern heritage, said
those who knew him, even naming his children after Southern cities.
"He caught people off guard because he lulled
them with that good ol' boy persona. When he snapped into lawyer
mode, they didn't expect what was coming," said Sonya Jones,
who worked for Brooks in the three-attorney Bellevue office of the
legal foundation. "He was amazing. He was very smart."
Although Brooks' main focus was defending property
rights, he also believed in "a colorblind society," and
that led him into the Seattle schools case, Rivett said.
In that lawsuit, Brooks filed friend of the court
briefs and argued before the Washington Supreme Court. He opposed a
provision allowing race as one factor in deciding whether students
applying to any given public school would be accepted. The result
was that some white students were able to attend schools where
minorities were in the majority, and vice versa.
After moving here in 1999, Brooks initially lived
on Queen Anne before moving several years ago to Snoqualmie. He is
survived by his wife, Rhonda, of Snoqualmie; daughter Savannah and
son Austin; mother Antje Hill, of Collins, Miss.; and brothers Jason
Sullivan, of Arlington, Texas, and Erick Sullivan of Knoxville,
Tenn.
Services are scheduled at 1 p.m. Thursday at the
Church on the Ridge, 35131 S.E. Douglas St., Snoqualmie.