COMMISSION ON JUDICIAL CONDUCT

Transcription

1 STATE OF WASHINGTON COMMISSION ON JUDICIAL CONDUCT 2004 ANNUAL REPORT

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3 2004 ANNUAL REPORT Washington State Commission on Judicial Conduct COMMISSION MEMBERS Marianne Connelly, Chair Lorraine Lee, Vice-Chair Honorable Joel Penoyar, Secretary Sherry Appleton Vivian Caver Gregory R. Dallaire Antonio P. Cube, Sr. Honorable Harold D. Clarke, III Honorable John A. Schultheis Hubert G. Locke Todd K. Whitrock ALTERNATE MEMBERS Bonnie White Josephine Townsend Honorable John A. McCarthy Mike Sotelo Judie E. Fortier Joseph P. Delay Frederick G. Hellberg Honorable Jerry Roach Honorable David Armstrong Betsy Wilkerson Wanda Briggs The following members resigned, or their terms ended during 2004: Honorable Mary Kay Becker Margo T. Keller Honorable Ruth Reukauf K. Collins Sprague P. O. Box 1817, Olympia, Washington (360) Fax: (360)

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5 TABLE OF CONTENTS I. INTRODUCTION II. THE WASHINGTON COMMISSION ON JUDICIAL CONDUCT Goals Meetings Membership III. THE COMMISSION S DISCIPLINARY FUNCTION Jurisdiction and Authority The Complaint Process Stage I Preliminary Investigation Stage II Initial Proceedings Stage III Statement of Charges Stage IV Decision and Appeal Process 3. Confidentiality Public Case Information Ethics in Public Service Act IV. COMMISSION ACTIVITY Docket: Dismissal vs Sustainment Dispositions: Dismissal vs Sustainment Dispositions: Public Statistical Charts Public Actions Public Actions - Previous Five Years Cases Filed with Supreme Court Public Cases ( ) APPENDICES A. Washington State Constitution Article IV, Section B. Revised Code of Washington Chapter C. Commission Rules of Procedure (CJCRP) D. Code of Judicial Conduct E. Supreme Court General Rule F. Ethics in Public Service, WAC G. Public Records, WAC H. Members Conduct Policies and Procedures I. Complaint Form and Instructions

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7 Introduction I. INTRODUCTION All fifty states and the District of Columbia have judicial conduct agencies to receive and investigate allegations of judicial misconduct. These agencies act on complaints involving judicial misconduct and disability. They do not serve as appellate courts to review judges rulings. These commissions work to protect the integrity of the judicial process and to promote public confidence in the courts. They also serve to improve and strengthen the judiciary by creating in judges a greater awareness of proper judicial behavior. II. THE WASHINGTON COMMISSION ON JUDICIAL CONDUCT 1. Goals The goal of the Commission is to maintain confidence and integrity in the judicial system. The Commission seeks to preserve both judicial independence and public accountability. The public interest requires a fair and reasonable process to address judicial misconduct or disability. This process is separate from the judicial appeals system that allows individual litigants to appeal from legal errors. The Commission also has a responsibility to judges, whose careers can be damaged by false and inaccurate allegations. The Commission makes every effort to act in the public interest while safeguarding individual rights and the reputations of judges from unfounded accusations. It is a complex mission to reconcile these charges to hold judges accountable for misconduct without compromising the essential independence of the judiciary. 2. Meetings The Commission usually meets the first Friday of every other month. At these meetings, the Commission reviews new complaints, discusses the progress of investigations, and takes action to resolve complaints. The Commission may also consider matters by telephone conference call. 3. Membership The Commission consists of eleven members who serve four-year terms: six non-lawyer members of the public, three judges and two lawyers. The public members are appointed by the Governor; the judges are appointed by their respective associations; and the lawyers, who must be admitted to the practice of law in Washington, are selected by the Washington State Bar Association. Members four year terms begin midyear on June 17 and end on June 16. The member listing below represents members who were currently serving as of December 31, An updated list of commission members may be accessed on the Commission s website at SHERRY APPLETON (Public Member) resides in Kitsap County. She is a member of the Washington State House of Representatives representing the 23rd Legislative District. She previously worked as a contract lobbyist. Ms. Appleton spent eight years as a City Council Member for the City of Poulsbo. She was an elected Free Holder for Kitsap County and is a commissioner on the Washington Advisory Committee for the United States Civil Rights Commission. Ms. Appleton s current term expires in

8 Commission on Judicial Conduct DAVID ARMSTRONG (Alternate Judge Member) lives in Kitsap County. He graduated from Hastings College of the Law, passed the California and Washington bar examinations, and then practiced in California for about six years. In 1970, he returned to Kitsap County and joined a small, general practice firm. In 1995, he was elected to a position on Division II of the Washington State Court of Appeals. He served as Chief Judge of Division II between 2000 and Judge Armstrong's current term expires in WANDA BRIGGS (Alternate Public Member) resides in Benton County. Ms. Briggs retired in 1997 from the Tri-City Herald after nearly 30 years as a reporter. She received more than 30 awards for journalistic excellence. In addition, she was named Ambassador of Peace for stories on the Nagasaki-Richland links leading to the creation of the second atomic bomb and the end of World War II. She won the Toastmaster Award for Outstanding Communicator and in 1998 was selected by Soroptomist International as the Woman of Distinction. Since her retirement she has been elected to the Kennewick General Hospital Board of Commissioners and has consulted for the Benton Rural Electric Association. Ms. Briggs current term expires in VIVIAN CAVER (Public Member) resides in King County. Prior to her retirement from the Totem Girl Scout Council as Director of Diversity and Human Resources in 1993, she served 17 years with the City of Seattle Human Rights Department as Assistant Director and Director. Ms. Caver was a member of the Washington State House of Representatives in 1993 serving the 37th Legislative District. She is a member of numerous organizations and boards in Seattle including Pioneer Human Services, Planned Parenthood, the Seattle chapter of Links, Inc., the NAACP, the Urban League and is Chair of the Women of Unity. Ms. Caver s current term expires in HAROLD D. CLARKE III (Judge Member) resides in Spokane County. He is currently a Spokane County Superior Court Judge-Elect. Prior to his recent election he was serving as a Spokane County District Court Judge. From 1980 until his election to the bench in 1999, he was an attorney in private practice. Judge Clarke graduated in 1976 from Washington State University and in 1979 from Gonzaga School of Law. Judge Clarke s current term expires in MARIANNE CONNELLY (Public Member) is Chair of the Commission. An activist and homemaker, she resides in Spokane County. She is a 1974 graduate of Gonzaga University earning her certificate in teaching and was a member of the National Honor Society in Education and Kappa Delta Pi. She is a director of The Volunteers of America, and a member of The League of Women Voters. In the year 2000, she was named "Outstanding Advocate for Children" by the Children's Alliance as the founding mother of a shelter for street kids. Ms. Connelly is a former member of the Governor's Juvenile Justice Advisory Committee. She was co-chair of the Court Composition Committee and a panel member for the Committee on Washington Courts. Ms. Connelly's current term expires in

9 Commission on Judicial Conduct ANTONIO P. CUBE, SR. (Public Member) resides in King County. Mr. Cube holds a degree in law from the Republic of the Philippines where he was formerly technical assistant to a cabinet member, special investigator of the Department of Justice and an administrative investigator of the Civil Service Commission. He immigrated to the United States in 1970 where he worked as a Department Supervisor for Bank of America. He is past President of the Filipino-American Intercommunity Council of the Pacific Northwest. Mr. Cube is the founding President of the reorganized Filipino-American Community of Renton. He is currently the Technical Advisor for the Council of Filipino-American Organizations of Washington (COFAO), Advisor for the Filipino-American Community of Renton, and member of the Human Rights Commission for the City of Renton. Mr. Cube s current term expires in GREGORY R. DALLAIRE (Lawyer Member) resides in King County. In 2002 he retired as Managing Director of Garvey, Schubert & Barer. Prior to entering private practice, Mr. Dallaire was the Director of Evergreen Legal Services. He has been involved in several professional and nonprofit activities at the national, state, and local level. He received his J.D. from the University of California, Hastings College of Law. He also earned a Masters in Public Administration from California State University at Hayward. Mr. Dallaire s current term expires in JOSEPH P. DELAY (Alternate Lawyer Member) resides in Spokane County. He has practiced law for over 50 years. Mr. Delay is a former President of the Washington State Bar Association, served on the WSBA Board of Governors for the 5th Congressional District, served as Chair of the WSBA Disciplinary Board and as a member of the WSBA Character and Fitness Committee. He is presently a member of the Gonzaga University Board of Regents. Mr. Delay s current term expires in JUDIE FORTIER (Alternate Public Member) resides in Pierce County. In 2004 she retired from 30 years of service with the City of Tacoma, Department of Human Rights and Human Services as a gender equality consultant, employment investigator, and trainer in sexual harassment prevention. Prior to her appointment on the Commission, she served on the Governor s Affirmative Action Policy Committee monitoring equal opportunity efforts of state agencies. In 2001, Ms. Fortier was appointed to the Gender and Justice Commission by the Washington State Supreme Court. Ms. Fortier s current term expires in FREDERICK G. HELLBERG (Alternate Public Member) resides in Thurston County. He retired in 2003 from the Office of the Governor where he served for 17 years as a senior policy advisor. Previously he worked for the State Office of Financial Management and the state legislatures in both Washington and Arizona. Mr. Hellberg served in the US Peace Corps from and is a board member for the Friends of the Nisqually National Wildlife Refuge. He received his undergraduate degree from the University of Washington and his MA from the University of Arizona. Mr. Hellberg s current term expires on

10 Commission on Judicial Conduct LORRAINE LEE (Lawyer Member) resides in King County. Ms. Lee is the Director of Licensing at the Washington State Liquor Control Board. She has been a staff attorney at the Washington State Court of Appeals (Division Two), an assistant director with the Lottery Commission, a policy advisor on juvenile and criminal justice issues in the Governor s Policy Office, and an appellate attorney representing indigent criminal defendants. Ms. Lee started her legal career as a judge advocate in the U.S. Army, stationed in Washington D.C., Hawaii and Korea. Ms. Lee received her law degree in 1983 from the State University of New York in Buffalo and obtained her undergraduate degree, in 1980, from the University of Washington. She grew up in Moses Lake, Washington after immigrating to the U.S. from Hong Kong in Ms. Lee s current term expires in HUBERT G. LOCKE (Public Member) resides in King County. He served as a professor for over 25 years, and as dean for five years, at the University of Washington s Daniel J. Evans Graduate School of Public Affairs, as well as serving in various administrative and faculty positions. Before that he served as Dean of the College of Public Affairs & Community Service and as Associate Professor of Urban Studies at the University of Nebraska at Omaha ( ). During fall term 2004 he was Arnold Visiting Professor at Whitman College. He has served as a trustee of various nonprofit organizations, chaired the Washington State Sentencing Guidelines Commission, and served as vice chair of the U.S. Holocaust Memorial Museum Education Committee and Church Relations Committee. He has written and edited several books and numerous chapters in publications dealing with race, criminal justice, religion and public policy. His current term expires in JOHN A. MCCARTHY (Alternate Judge Member) resides in Pierce County. Born and raised in Tacoma, Judge McCarthy graduated from Seattle University in 1971 and the University of San Francisco School of Law in He was admitted to the California and Washington bars and practiced law as a sole practitioner for 17 years. During this time he also served as a Port of Tacoma Commissioner ( ), and as president of the Washington Public Ports Association. He became a District Court Judge in 1992, and a Superior Court Judge in As a judge he chaired the Legislative Committee of the District Court Judges Association, and served as Treasurer of the Superior Court Judge's Association and on its Education, Legislative and Ethics Committees. He is on the Executive Committee of Juvenile Court in Pierce County. He also serves on the Pierce County Law Library Board and has been actively involved in several legal and community organizations. Judge McCarthy s current term expires in JOEL PENOYAR (Judge Member) resides in Pacific County. He has served as a superior court judge since 1988 and prior to that was a district court judge for 12 years. He has served on the committees for Rural Courts, Judicial Ethics and Ethics Advisory. He has been active with his wife and five children in Girl Scouts, Boy Scouts and Youth Soccer. Judge Penoyar s current term expires in

11 Commission on Judicial Conduct JERRY ROACH (Alternate Judge Member) was born and raised in Pasco and resides in Franklin County. Elected as District Court Judge in 2002, he was a part time District Court Commissioner for six years prior to that and an attorney in private practice since He served as President of the Benton-Franklin County Bar Association and chairman of the County Law Library Committee. He has also been actively involved with several professional and community organizations. Judge Roach s current term expires in JOHN A. SCHULTHEIS (Judge Member) resides in Spokane County. He was born and raised in Colton, Washington. After attending WSU in Pullman, he graduated from Gonzaga University School of Law in 1961, and practiced law from 1962 to He was a Spokane County District Court Judge from 1974 to 1983 and a Spokane County Superior Court Judge from 1983 to Judge Schultheis has been a Washington State Court of Appeals Judge since December 1993 and served as the presiding chief judge from 2002 to He is a member of the Spokane County, Washington State, and American Bar Associations. From 1982 to 1983 he was president of the Washington State District and Municipal Court Judges Association. In 1998 the Washington State Bar Association named him Judge of the Year and in 2003 he was given the Distinguished Judicial Service Award by Gonzaga School of Law. He has been an adjunct professor at both Gonzaga University and Gonzaga University School of Law, and taught courses in continuing legal and judicial education. Judge Schultheis current term expires in MIKE SOTELO (Alternate Public Member) resides in King County. He is a vice president of W.G. Clark Construction Co. and the founder and president of APPROACH Management Services. Mr. Sotelo has been the recipient of numerous awards including the Evergreen Award for Community Service and the Governor's Award for Work Place Safety. He serves as vice president of the Washington State Hispanic Chamber of Commerce, a board member of Heritage College, a board member for Safety Management Advocacy Resources Training (SMART) and a board member for the Associated Building and Contractors (ABC). Mike is also a business representative for the State of Washington Workers' Comp. Advisory Committee. He is the co-founder of the Puget Sound Area Construction Safety Summit and former president of the Rotary Boys and Girls Club of Seattle. Mr. Sotelo's current term expires in JOSEPHINE TOWNSEND (Alternate Lawyer Member) resides in Clark County. Ms. Townsend is the Vancouver City Prosecutor supervising the criminal division of the City of Vancouver Attorney s office and staff assigned to the Joint Task Force - Domestic Violence Prosecution Center. She is an instructor for the Clark County Sheriffs Academy, Vancouver Police Department, Washington State Bar Association and Clark County Bar Association. Ms. Townsend is Chair of the Criminal Section of the Washington State Bar Association. She is a 20 year veteran of the New York State Police Department and supervised six State Police Installations. Ms. Townsend also serves as a human resource consultant, specializing in conflict resolution and community mediation. She received her law degree from Syracuse University and her Master of Science in Human Resources from Chapman University. Ms. Townsend s current term expires in

12 Commission on Judicial Conduct BONNIE WHITE (Alternate Public Member) resides in Spokane County. She has been with Gonzaga Law School since 1976, working as the Assistant to the Director of Clinical Programs and the Office Manager of University Legal Assistance. That program handles some 750-1,000 cases per year, functioning as a general practice law firm with a public interest focus. Ms. White has been a member of the Alpha Iota Sorority for the past 6 years, a philanthropic organization focusing on various charities in Spokane. In the past she has been a Guardian Ad Litem for the Spokane County Juvenile Court and area Tribal Courts specializing in representation of Native American children. She is a member of the Northern Cheyenne Tribe. Ms. White's current term expires in TODD K. WHITROCK (Public Member) resides in Cowlitz County. He is a construction electrician. Mr. Whitrock is a 1979 graduate of Lower Columbia College with a degree in Electrical Technology. Mr. Whitrock is a past vice president of the Washington State Labor Council AFL-CIO and State Labor Leader of the Year in He is the past Chair of the Cowlitz County Chapter of the American Red Cross, Regional Blood Services chair and member of the Red Cross Western Operations Advisory Council. He was a member of the Blue Ribbon Commission on Washington Courts, a member of the Mt. St. Helens Disaster Preparedness Committee and ABWA Business Associate of the Year, Mr. Whitrock s current term expires in BETSY WILKERSON (Alternate Public Member) resides in Spokane County. Ms. Wilkerson is owner/administrator of an assisted living facility caring for people that are developmentally disabled. Ms. Wilkerson is a community activist, currently president-elect of the Junior League of Spokane, Board member for the United Way, and community advisor to MESA (Math Engineering Science Achievement) which serves students of color and girls. Ms. Wilkerson was recognized by Leadership Spokane 2002 with the Excellence in Community Trustee award and the 2001 Women Helping Women award presented by Soroptimist International of Spokane. Ms. Wilkerson s current term expires in III. THE COMMISSION S DISCIPLINARY FUNCTION 1. Jurisdiction and Authority Pursuant to RCW (4), the Commission has jurisdiction over justices of the Supreme Court, judges of the Court of Appeals, Superior Courts or any court organized under Titles 3 or 35 RCW, judges pro tempore, court commissioners and magistrates. This includes full-time, part-time, attorney and non-attorney judges. The function of the Commission is to investigate and act on complaints of judicial misconduct or disability. The only basis for finding misconduct is a violation of the Code of Judicial Conduct. The Code is adopted by the Supreme Court. To act on a complaint of disability, the Commission must find that a judge or justice suffers from a disability which is permanent or likely to become permanent, and which seriously interferes with the performance of judicial duties. The Commission may impose admonishment, reprimand and censure. After imposing censure, the Commission may recommend suspension or removal of a judge to the Supreme Court. If the Commission finds disability, it may recommend to the Supreme Court that a judge be retired. 6

13 Disciplinary Function The Commission does not have jurisdiction over administrative law judges or federal judges. Complaints against administrative law judges should be made to the agency or department in which the administrative hearing has taken place. Complaints against federal judges should be made to the Clerk of the U.S. Court of Appeals, P.O. Box , San Francisco, California The Complaint Process Stage I - Preliminary Investigation All complaints begin in the preliminary investigative stage and may be initiated orally or in writing by any organization, association or person, including a member of the Commission. An investigative officer makes a prompt, discreet preliminary investigation and recommends to the Commission whether to proceed to the second stage. The complaint and additional information are sent to each Commission member for review before the Commission meets. After initial review and evaluation, the Commission may dismiss the complaint, continue investigation, or commence initial proceedings. At any time, the Commission may retain disciplinary counsel to assist in the proceeding. Stage II - Initial Proceedings If the Commission moves the matter to initial proceedings, the Commission notifies and provides the judge an opportunity to respond to the allegations. The Commission may dismiss the complaint if there are no sufficient grounds for further proceedings. At any time prior to final disposition, a matter may be resolved with a stipulation entered into in a public proceeding. The stipulation may impose any terms and conditions deemed appropriate by the Commission. A stipulation includes all material facts relating to the proceeding and the conduct of the judge. If the Commission determines there is probable cause to believe that the judge has violated a rule of judicial conduct or is suffering from a disability that seriously interferes with the performance of judicial duties, it orders filing of a statement of charges. Stage III - Statement of Charges and Fact-Finding Hearing The statement of charges is approved by the Commission. The statement of charges is public after the judge has been served. The judge has 21 days to file an answer. A fact-finding hearing is scheduled before the Commission after the answer is filed. The Commission members scheduled to participate in the fact-finding hearing receive no further factual information until the hearing is held or approval of a stipulation is sought. The judge has the opportunity to appear with or without counsel to defend against the charges. The fact-finding hearing is conducted publicly. Stage IV - Decision and Appeal Process At the conclusion of all formal proceedings, the Commission announces its decision in a public session. The Commission has the authority to dismiss the charges, or to admonish, reprimand or censure the judge. The Commission may also recommend the Supreme Court suspend or remove the judge. The Commission may recommend the Supreme Court retire a judge suffering from a disability. If the Commission decides to reprimand or censure a judge, the judge is required to appear 7

14 Disciplinary Function personally before the Commission. Within 30 days after the Commission admonishes, reprimands or censures a judge, the judge may file an appeal de novo to the Supreme Court. If the Commission recommends removal, the judge is suspended pending a final determination by the Supreme Court. 3. Confidentiality Commission proceedings are confidential, including the fact that there is a complaint or investigation, as provided in Article IV, Section 31 of the Washington State Constitution, RCW 2.64 and Commission on Judicial Conduct Rules of Procedure (CJCRP). Any person violating rules of confidentiality is subject to contempt proceedings in superior court. Confidentiality is intended to encourage complainants to express their concerns without fear of reprisal and to protect a judge s reputation and the integrity of the judicial process from unsubstantiated allegations. 4. Public Case Information When the Commission concludes from initial proceedings that there is probable cause to believe a judge has violated the Code of Judicial Conduct, a statement of charges is served on the respondent judge and then filed as a public record. Any subsequent fact-finding hearing is public and, at the commencement of the hearing, the records that formed the basis of the finding of probable cause are filed in the hearing record. Detailed information about all of the Commission s public cases, including copies of the principal relevant documents, is available on-line through the Commission s Judicial Discipline Database at 5. Ethics in Public Service Act In 1994, the Washington State Legislature enacted the Ethics in Public Service Act (Chapter RCW) which strengthened and clarified the ethical standards applying to all state officers and employees. RCW directs the Commission to enforce Chapter RCW and rules adopted under it with respect to state officers and employees of the judicial branch of state government. The substantive provisions of Chapter RCW became effective on January 1, Under the Ethics in Public Service Act, the Commission considers complaints alleging ethics violations by state employees and officers of the judicial branch. The Commission developed procedural rules under Chapter WAC and substantive rules under Chapter WAC to implement the provisions of Chapter RCW. Complaints concerning judges will be considered exclusively under the state Constitution and Commission on Judicial Conduct Rules of Procedure (CJCRP). 8

15 Commission Activity 1. Docket: Dismissal vs Sustainment IV. COMMISSION ACTIVITY COMPLAINTS Matters pending at begining of period Complaints received during period Requests to reopen complaints TOTAL COMPLAINTS COMMISSION DISPOSITIONS DISMISSALS Complaint withdrawn Insufficient evidence to proceed Lack of jurisdiction Left office due to CJC action in an unrelated matter Left office unrelated to CJC action Legal issues over which CJC has no jurisdiction No basis to reopen No violation found Unsubstantiated SUSTAINMENTS Admonishment Reprimand Censure TOTAL COMPLAINTS DISPOSED* MATTERS PENDING on December 31, INQUIRIES** Inquiries filed Complaints filed as a result of 2004 inquiries Complaints filed as a result of older inquiries * Complaint disposition does not always reflect commission action. Due to multiple complaints against the same judicial officer, a single disposition may dispose of several cases. In 2004, 7 cases were disposed of with the censure of two unrelated judicial officers. ** Inquiries are recorded when individuals contact the Commission about filing a complaint. 9

16 Commission Activity 2. Dispositions: Dismissal vs Sustainment DISPOSITIONS DISMISSAL Agreed with CJC to remain out of office 1 Complaint withdrawn Corrective action taken by judge 1 Dismissed due to related CJC decision 1 Insufficient evidence to proceed Lack of jurisdiction Left office due to CJC action in another, unrelated matter Left office unrelated to CJC action Legal issues and no violation * Legal issues over which CJC has no jurisdiction No basis to reopen No probable cause to conduct a hearing 1 No violation found Resigned due to CJC action. Dismissed. 5 1 Unsubstantiated SUSTAINMENT Admonishment 1 8** 6** 5** 2 Reprimand 8** 3 Censure 10** 7** Recommendation of Suspension filed with Supreme Court 5** 2 Recommendation of Removal filed with Supreme Court Violation found. No discipline imposed. TOTAL DISPOSITIONS ** * In 2000 and thereafter, this category of dismissals was merged into the category legal issues over which the commission has no jurisdiction. ** See note to Docket table * on page 9. 10

17 Commission Activity 3. Dispositions: Public DISPOSITIONS PUBLIC Admonishment 1 8* 6* 5* 2 Agreed with CJC to remain out of office 1 Complaint withdrawn Insufficient evidence Left office due to CJC action in another, unrelated matter Reprimand 8* 3 Censure 10* 7* Recommendation of Suspension filed with Supreme Court 5* 2 Recommendation of Removal filed with Supreme Court Resigned due to CJC action. Dismissed. 1 Resigned due to CJC action. Violation found. Violation found. No discipline imposed. TOTAL DISPOSITIONS* * Complaint disposition does not always reflect Commission action. Due to multiple complaints against the same judicial officer, a single disposition may dispose of several cases. In 2004, 7 cases were disposed of with the censure of two unrelated judicial officers. 11

18 Commission Activity 4. Statistical Charts Number of Judicial Officers (Includes Judges and Commissioners; Source: 2003 Annual Report, Administrative Office of the Courts) Caseloads by Court Level Total Filings: approx. 1,801,445 (Source: 2003 Annual Report, Administrative Office of the Courts) 12

19 Commission Activity CJC Complaints filed by Court Level of Judicial Officers

20 Public Actions 5. Public Actions In re the Honorable Stephen M. Gaddis CJC No F-114 December 10, 2004 From an agreed statement of facts, the Commission found that King County Superior Court Commissioner Stephen M. Gaddis violated Canons 1, 2(A), 3(A)(5), 3(D)(1) and 5(C)(5) of the Code of Judicial Conduct. From the agreed statement of facts the Commission found that while Commissioner Gaddis was assigned to the Ex Parte and Probate Department of the King County Superior Court, his duties included authorizing payment of trust funds in guardianship proceedings, and that during this time, he accepted gifts from an attorney who regularly appeared before him for approvals of fees and other requests, allowed the attorney to purchase dinner for him and for another person, and developed, with his wife, a personal social relationship with the executive director and manager of a guardianship agency whose interests were frequently before the Commissioner. The Commission reprimanded the Commissioner. In re the Honorable Richard C. Fitterer CJC No F-113 October 1, 2004 From an agreed statement of facts, the Commission found that Grant County District Court Judge Richard C. Fitterer violated Canons 1 and 2(A) of the Code of Judicial Conduct for conduct resulting in his conviction of negligent driving a vehicle in the first degree, a charge to which he pled guilty in King County District Court after the initial charge of driving under the influence of alcohol was reduced on the basis of a court ruling that his bloodalcohol concentration level was inadmissible. The Commission reprimanded Judge Fitterer and ordered him to comply with all of the terms and conditions of the sentence imposed on him in King County District Court and to provide proof thereof to the Commission. In addition, Judge Fitterer agreed that for the one year he is under the jurisdiction of the King County District Court, upon timely request of a party appearing before him once a matter is set, he will recuse himself voluntarily as a judge from hearing or participating in matters involving legal charges of driving under the influence of alcohol. In re the Honorable Francis devilla CJC No F-112 June 18, 2004 From an agreed statement of facts, the Commission determined that Seattle Municipal Court Magistrate Francis devilla violated Canons 1 and 2(A) of the Code of Judicial Conduct by failing to attend, without justification, five of six sessions of a judicial education conference paid for with public funds. Promptly after the conference the magistrate reimbursed the city for those funds and took annual leave for the time at the conference. The Commission admonished the magistrate taking into account the magistrate s immediate remedial actions and his cooperation with the City of Seattle and the Commission. In re the Honorable Patrick R. Burns CJC No F-111 June 18, 2004 From an agreed statement of facts, the Commission determined that Auburn Municipal Court Judge Patrick R. Burns violated Canons 1, 2(A), 3(A)(3) and 3(A)(5) of the Code of Judicial Conduct by, over a period of several years, writing "NTG" on the bottom of hundreds of defendants judgment and sentence forms when he imposed sentences. He stated the initials meant "Note This Guy (or Gal)" and that they were used to remind him of which cases he believed deserved closer scrutiny if he had to review that person s sentence in the future. He acknowledged, however, that he may have told persons or given the impression to others that "NTG" meant "Nail This Guy (or Gal)." Although objective evidence did not establish that Judge Burns was actually biased or prejudiced against any particular defendant, he acknowledged his use of "NTG" created that appearance, which undermined public confidence in the integrity and impartiality of the judiciary. Judge Burns misconduct was aggravated by his not being forthright with the Commission and by providing evasive responses to the Commission when asked to explain his conduct. The Commission reprimanded Judge Burns and required him to undertake ethics training. 14

21 Public Actions In re the Honorable Mary Ann Ottinger CJC No F-110 June 18, 2004 From an agreed statement of facts, the Commission determined that King County District Court Judge Mary Ann Ottinger violated Canons 1, 2 and 3(A)(1) of the Code of Judicial Conduct by failing to properly advise unrepresented defendants of their right to court-appointed counsel, of their constitutional rights, of the elements of the crime, of the maximum available penalties and of other potential consequences of conviction, and by improperly providing legal assistance to municipalities in a dispute with King County related to reorganization and utilization of judicial resources. The Commission censured the judge and imposed corrective action, including requiring training related to the administration of the court and to procedures for rights advisement. In re the Honorable Evan E. Sperline CJC No F-108 March 10, 2004 From an agreed statement of facts, the Commission determined that Grant County Superior Court Judge Evan E. Sperline violated Canons 1, 2(A) and 3(A)(7) of the Code of Judicial Conduct. He did so by advising counsel in one case of potential arguments to make for a motion to reconsider an appellate court decision which reversed one of Judge Sperline s trial court decisions, thus appearing to advocate on behalf of or to assist one party and thereby creating an appearance of partiality, bias or prejudice. In two other cases, Judge Sperline wrote letters to the court of appeals expressing his disagreement and frustration with that court s reversal of his trial court decisions, thus evidencing a personal involvement in those cases that might lead a reasonable observer to question his ability (or apparent ability) to be objective, neutral and detached when presiding over those cases on remand. The Commission admonished the judge. In re the Honorable Randal B. Fritzler CJC No F-107 February 6, 2004 On December 8, 2003 the Commission found probable cause and issued a public Statement of Charges alleging that Clark County District Court Judge Randal B. Fritzler violated Canons 1, 2(A), 2(B), 3(A)(3), 3(B)(1) and 3(B)(3) of the Code of Judicial Conduct by engaging in an intimate personal relationship with a court employee; that rumors thereof and perceived favoritism based thereon disrupted the orderly administration of the court workplace and adversely affected morale for court employees, administrators, and fellow judicial officers; and that the misconduct created an appearance of judicial impropriety and favoritism that was destructive to the reputation of the court. The Commission also determined that the conduct violated the Commission s August 9, 1996 Stipulation and Order of Censure of Judge Fritzler for disrupting the administration of justice by engaging in a consensual sexual relationship with another court employee while continuing to preside over matters in which the employee s spouse was the attorney of record; Judge Fritzler had agreed in that prior stipulation not to repeat such violations. Effective January 5, 2004, Judge Fritzler resigned his public office. On February 6, 2004, from an agreed statement of facts, the Commission determined that Judge Fritzler violated the Canons cited in the Statement of Charges by the misconduct described therein. The Commission censured Judge Fritzler who also agreed not to serve in any future judicial position without prior Commission approval. The stipulation concluded the disciplinary proceedings against Judge Fritzler. 6. Public Actions - Previous Five Years ( ) In re the Honorable Ramon P. Reid CJC No F-105 (See also p. 19) October 29, 2003 In May 2003, the Commission issued a Statement of Charges that Judge Ramon P. Reid, then Judge of the Toppenish and Wapato Municipal Courts, Yakima County, had violated the Code of Judicial Conduct by engaging in a pattern or practice of violating criminal defendants' fundamental constitutional and statutory due process rights in criminal proceedings, by failing to maintain order and decorum in the courtroom, by failing to treat litigants and others with dignity and courtesy and by condoning such behavior by others subject to his direction, and by failing to perform his judicial duties without bias or prejudice. 15

22 Public Actions Thereafter, Judge Reid resigned his judicial offices and agreed not to serve in any future judicial position without the Commission s approval. Judge Reid also stipulated that his conduct, if established, would support a determination that he violated the Code of Judicial Conduct. In view of these events, and in light of the potential costs for further proceedings, and the fact that the Commission previously admonished Judge Reid in 2001 for violations of the Code of Judicial Conduct, the Commission determined that its goal to maintain confidence and integrity in the judicial system was adequately addressed by terminating disciplinary proceedings against former Judge Reid on October 29, In re the Honorable Bobbe J. Bridge CJC No F-106 August 15, 2003 From an agreed statement of facts, the Commission determined that Supreme Court Justice Bobbe J. Bridge violated Canons 1 and 2(A) of the Code of Judicial Conduct by driving under the influence of alcohol and hitting an unattended vehicle and leaving without notifying the owner thereof of the damage. The Commission reprimanded the judge who also agreed, among other things, to comply with all conditions of the municipal court order granting deferred prosecution of the matter, to recuse herself on request of litigants from cases involving similar conduct, and to make a number of presentations related to her misconduct to the public and to judicial associations. In re the Honorable Peter M. Lukevich CJC No F-102 (See also pp. 18, 19) April 4, 2003 From an agreed statement of facts, the Commission determined that Tukwila Municipal Court Judge Peter M. Lukevich violated Canons 1, 2(A) and 2(B) of the Code of Judicial Conduct by using a court facility to assist the personal interests of a former client friend and by attempting to testify without a subpoena as a character witness for that former client friend. The Commission admonished the judge who had resigned from office for reasons unrelated to the commission s case. The judge also agreed not to seek or hold judicial office in the future without approval of the Commission. In re the Honorable Jay F. Wisman CJC No F-104 February 7, 2003 From an agreed statement of facts, the Commission determined that Snohomish County District Court (Cascade Division) Judge Jay F. Wisman violated Canons 2(A), 3(A)(1) and 3(A)(4) of the Code of Judicial Conduct by engaging in a practice that discouraged defendants in his court from exercising their statutory rights to be heard in the manner they were entitled to under state law in traffic infraction mitigation hearings. The judge s practice, at the beginning of such hearings, was to advise those present he would only consider the defendants driving records, rather than mitigating circumstances, in determining what fine to impose. The Commission admonished the judge. In re the Honorable Ellen K. Clark CJC No F-103 February 7, 2003 From an agreed statement of facts, the Commission determined that Spokane County Superior County Judge Ellen K. Clark violated Canons 1, 2(A) and 3(A)(6) of the Code of Judicial Conduct by not promptly disposing of court business in a number of cases. The Commission admonished the judge. In re the Honorable Heather K. Van Nuys CJC No F-101 (See also pp. 18, 22) November 22, 2002 In a case filed earlier in the year, CJC No F-99, Yakima County Superior Court Judge Heather K. Van Nuys agreed she unduly delayed filing decisions in two civil cases covering the time period of September 25, 1997 to April 29, After the Commission s action became public, the Commission received a new complaint and began an investigation that resulted in case CJC No F-101. Investigation of the new allegations revealed evidence of at least twelve other cases of late decisions, in addition to the cases referenced in CJC No F-99, going back as far as Judge Van Nuys stipulated that each month during that time she filed documents titled Affidavit for Payment of Salary for Superior Court Judges. The affidavits stated that she was in compliance with the laws requiring timely decision making for superior court judges. Judge Van Nuys admitted she signed at least 55 such affidavits, even though her decisions were not 16

23 Public Actions timely. She agreed that statements contained in the affidavits were not true and that she should not have signed or submitted them and that the signing of such declarations by a judge is a serious violation of judicial ethics and of her responsibility to be truthful as a judge. The Commission and Judge Van Nuys agreed that if a hearing were held, evidence would be produced that could establish that Judge Van Nuys violated several provisions of Canons 1, 2 and 3 of the Code of Judicial Conduct. Based on the stipulation, the Commission censured Judge Van Nuys and recommended to the Supreme Court that she be suspended from judicial duties for two months and she complete other remedial measures. In re the Honorable Michael S. Hurtado CJC No F-100 October 4, 2002 From an agreed statement of facts, the Commission determined that Seattle Municipal Court Judge Michael S. Hurtado violated Canons 1, 2 and 3(A)(4) of the Code of Judicial Conduct by receiving and acting upon improper ex parte communications while serving as a judge pro tempore of the Des Moines Municipal Court. After the completion of a trial earlier in the day, Judge Hurtado received ex parte information from one of the parties counsel and witness, and acted on it without hearing from the other side, vacating the order entered earlier. The Commission admonished the judge. In re the Honorable Steven L. Michels CJC No F-92 (See also pp. 21, 22) July 15, 2002 After a fact-finding hearing conducted in Yakima, the Commission found clear, cogent and convincing evidence that Sunnyside Municipal Court Judge Steven L. Michels engaged in a pattern and practice of presiding as a judge pro tempore in Toppenish Municipal Court in cases in which he was also appointed defense counsel. The Commission identified at least a dozen instances in which Judge Michels took substantive, discretionary actions where he was the attorney of record and the judge in the same case. After the hearing, the Commission also found clear, cogent and convincing evidence that Judge Michels engaged in a pattern and practice of violating Court Rule CrRLJ 4.2 regarding guilty plea forms when a defendant pled guilty. The content of the form is dictated by the constitutional requirement that guilty pleas be knowingly, intelligently and voluntarily made. A judge has a duty to ensure that a guilty plea is constitutionally valid. The Commission identified eight occurrences in Toppenish Municipal Court where as judge pro tempore, Judge Michels neither used an adequate form nor orally advised defendants of their constitutional rights. The Commission noted that the forms used in Judge Michels own court in Sunnyside also were not in compliance with the court rule. The Commission concluded that Judge Michels violated Canons 1, 2 and 3 of the Code of Judicial Conduct. Canon 1 directs judges to maintain and enforce high standards of judicial conduct. Canon 2(A) requires judges to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Canon 3(A) requires judges to be faithful to the law and to maintain professional competence in it. Canon 3(D) requires judges to disqualify themselves in cases where they had previously served as a lawyer. The Commission considered ten non-exclusive factors to establish an appropriate discipline for Judge Michels misconduct. Among the factors considered, the Commission noted that Judge Michels misconduct was not an isolated event, but a part of a pattern of conduct; the misconduct occurred on numerous occasions; the misconduct was acknowledged by the time of the public hearing, although Judge Michels had denied it a number of times earlier officially and in his public statements; Judge Michels no longer serves as judge pro tem in Toppenish; and his misconduct created a detrimental effect on the integrity of and respect for the judiciary. The Commission censured Judge Michels and recommended to the Supreme Court that he be suspended from judicial office for 120 days and that he complete a course of education before resuming judicial office. In re the Honorable Carolyn A. Lake CJC No F-98 June 7, 2002 From an agreed statement of facts, the Commission determined that Carolyn A. Lake, former judge of the Lakewood Municipal Court, violated Canons 1, 2(A), 3(A)(1) and 3(A)(6) of the Code of Judicial Conduct. Judge Lake, who self-reported her conduct to the Commission, was charged with and found guilty of one count of driving while under the influence. In a separate matter, Judge Lake did not promptly dispose of the court s business in an instance involving delay in making a decision. Judge Lake resigned from office on October 2, Former Judge Lake agreed to a corrective course of action. The Commission admonished the judge. 17

24 Public Actions In re the Honorable Heather K. Van Nuys CJC No F-99 (See also pp. 16, 22) June 7, 2002 From an agreed statement of facts, the Commission determined that Yakima County Superior Court Judge Heather K. Van Nuys violated the Code of Judicial Conduct by not promptly disposing of the Court s business in two instances involving substantial delay in filing her opinions, including one nearly five years long. Judge Van Nuys agreed to a corrective course of action. Citing mitigating factors, the Commission admonished the judge. In re the Honorable Peter M. Lukevich CJC No F-96 (See also pp. 16, 19) May 9, 2002 From an agreed statement of facts, the Commission determined that Tukwila Municipal Court Judge Peter M. Lukevich violated Canons 1, 2 and 3(A)(4) of the Code of Judicial Conduct by engaging in an improper ex parte communication. During a trial, Judge Lukevich stated that he received ex parte communications and then considered such communication when imposing the sentence on a defendant. The Commission admonished the judge. In re the Honorable Toni A. Sheldon CJC No F-97 April 5, 2002 From an agreed statement of facts, the Commission determined that Judge Toni A. Sheldon violated Canon 3(A)(6) of the Code of Judicial Conduct by not promptly disposing of the court s business. While presiding over an appeal of a state administrative agency, Judge Sheldon did not make a decision for more than fourteen months. The Commission admonished the judge. In re the Honorable A. Eugene Hammermaster CJC No F-94 (See also p. 23) March 4, 2002 On October 8, 2001, the Commission on Judicial Conduct commenced a public proceeding concerning Judge A. Eugene Hammermaster, of the Sumner and Orting Municipal Courts in Pierce County, by filing a Statement of Charges. The action was based upon a Commission finding of probable cause, alleging that Judge Hammermaster violated Canons 1, 2 and 3 of the Code of Judicial Conduct by engaging in a pattern or practice of violating defendants fundamental due process and other rights and procedures, failing to maintain competence in the law, failing to comply with the law, issuing orders beyond his jurisdiction, and engaging in undignified courtroom demeanor. In December 2001, Judge Hammermaster retired from his judicial positions. After a series of prehearing motions, former Judge Hammermaster stipulated, in order to close the proceedings, to his ineligibility to hold judicial office at any time in the future. Disciplinary counsel agreed such closure was appropriate under the facts of this case, where the former judge had previously been sanctioned by the Commission, the current charges against the former judge were already public information, the former judge agreed not to serve in any judicial capacity in the future, and the cost of further proceedings would outweigh the potential benefits. The Commission accepted former Judge Hammermaster s stipulation and closed the proceeding. In re the Honorable Victoria Meadows CJC No F-95 December 7, 2001 From an agreed statement of facts, the Commission determined that Mason County District Court Judge Victoria Meadows violated Canons 1, 2(A) and 2(B) of the Code of Judicial Conduct. Following an encounter in her personal vehicle with another motorist, Judge Meadows used court resources to obtain the other motorist s traffic infraction record and sent a memorandum on court letterhead to state and local law enforcement announcing her recusal in any subsequent proceedings to be initiated against the motorist. The court, and not law enforcement, processes judges recusals from cases, and there was no court-related purpose to advise law enforcement in this fashion. The Commission admonished the judge. In re the Honorable Don L. McCulloch CJC No F-93 October 5, 2001 From an agreed statement of facts, the Commission determined that Cowlitz County Superior Court Judge Don L. McCulloch violated Canons 1, 2(A) and 3(A)(4) of the Code of Judicial Conduct by engaging in an improper ex parte communication. During a trial, Respondent stated that he would contact an attorney regarding a witness 18