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1989 Public Actions

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Where applicable, the following public cases may include Commission decisions, statements of charges, answers to statements of charges, exhibits, and/or supreme court decisions. These documents are available for download as Portable Document Format (PDF) files.*

 


 

In re the Honorable John Darrah

CJC No. 89-782-F-14
November 20, 1989

A King County Superior Court judge was charged with having violated Canons 2(A) and 7(A)(4) when (1) after having received the verdict of the jury in a criminal case involving the execution style killing of a cab driver but before the jury was dismissed, he addressed the jury in open court in the presence of members of the news media, speaking out against the easy availability of hand guns in society such as occurred in the case just concluded, exhorting the jurors to contact their legislators concerning the subject, and urging a change in the law regarding the ownership and possession of handguns; (2) he made similar remarks to representatives of the news media after the court session had concluded.
The Commission concluded that the judge's statements, taken as a whole and in the light of the circumstances in which they were given, did not violate Canon 2(A). It also concluded that since the judge did not urge the jurors to take any particular position or pursue any particular legislation or reform, he was not engaging in partisan politics in violation of Canon 7(A)(4). Statement of charges dismissed, with three members of eight dissenting and voting for a reprimand or admonition.

Commission Decision (332 KB) filed 11/20/1989.

Answer to Statement of Charges (182 KB) filed 10/2/1989.

Statement of Charges (101 KB) filed 9/18/1989.

 

In re the Honorable Frederick J. Stoker

CJC No. 88-769
November 8, 1989

Pursuant to agreement, the Commission issued a public Letter of Admonishment to a judge for engaging in ex parte communication while presiding over a case and for contacting an Assistant City Attorney who was handling a case involving the judge's relative. The Commission found violations of Canons 2, 3(A)(4), and 3(C)(l)(a) of the Code of Judicial Conduct.

Letter of Admonishment (37 KB) filed 11/8/1989.

 

In re the Honorable Robert E. Miller

CJC No. 88-689-F-13
October 23, 1989

Pursuant to stipulation and agreement, the Commission admonished a judge of Waitsburg Municipal Court. The Commission found that on several occasions he did not comply with appropriate courtroom procedures contrary to Canons 3(A)(l) and 3(A)(4) of the Code of Judicial Conduct. Additionally, the judge agreed to resign from office. The agreement ended a proceeding in which the Commission charged that the judge: (1) demonstrated a pattern of conduct of making inappropriate remarks of a sexually explicit nature to persons in his courtroom; (2) failed to maintain a professional competence in the law, failed to determine the facts of a case before disposition, denied defendants the right to be heard or to trial, and otherwise committed procedural irregularities; (3) demonstrated a pattern of conduct of discussing pending cases with police officers ahead of trial and outside the presence of the individuals charged; and (4) failed to disqualify himself in a proceeding where he had personal knowledge of disputed evidentiary facts concerning the proceeding and in which the judge was the source of information for bringing the complaint against the defendant before him.

Letter of Reprimand (39 KB) filed 10/23/1989.

Stipulation and Agreement (85 KB) filed 10/23/1989.

Answer to Statement of Charges (31 KB) filed 6/30/1989.

Statement of Charges (225 KB) filed 6/13/1989.

 

In re the Honorable Donald E. Priest

CJC No. 89-845
November 2, 1989

Pursuant to an agreement, the Commission issued a public letter of admonishment for a judge's failure to render a decision in a timely manner, and therefore failing to dispose promptly of the business of the court. The Commission found a violation of Canon 3(A)(5) of the Code of Judicial Conduct and issued a public letter of admonishment.

Letter of Reprimand (37 KB) filed 11/2/1989.

 

In re the Honorable Stephen E. Alexander

CJC No. 89-781
August 6, 1989

Pursuant to agreement, the Commission found a violation of Canon 2 of the Code of Judicial Conduct where a judge communicated using court stationery with legislators urging their support of legislation on specific social issues which might cast doubt on the court’s impartiality. The Commission issued a public letter of reprimand.

Letter of Reprimand (38 KB) filed 8/6/1989.

 

In re the Honorable James P. Healy

CJC No. 89-791
September 8, 1989

Pursuant to agreement, the Commission issued a public Letter of Reprimand for a judge's delay in rendering decisions. The Commission found a violation of Canon 3(A)(5) of the Code of Judicial Conduct.

Letter of Reprimand (81 KB) filed 9/8/1989.

 

In re the Honorable August F. Hahn

CJC No. 88-672-F-12
July 3, 1989

Pursuant to stipulation and agreement, the Commission admonished a judge who (1) on three occasions acted in an injudicious manner in statements made in open court; (2) improperly dismissed cases against criminal defendants in his court without giving appropriate notice or opportunity to be heard to the governmental authority bringing charges; and (3) sat as a judge in matters involving individuals whom he had previously represented as an attorney in private practice. The judge further agreed he would neither seek nor serve in any judicial office.
The Commission found violations of Canons 1, 2, 3(A) and 3(C)(l)(a) and (b) of the Code of Judicial Conduct. The Commission agreed to dispose of the matter by a letter of reprimand.

Stipulation and Agreement (108 KB) filed 7/3/1989.

Preliminary Answer to Formal Complaint (34 KB) filed 3/3/1989.

Formal Complaint (253 KB) filed 2/23/1989.

 

In re the Honorable Arthur A. Blauvelt

CJC No. 88-658-F-11
April 13, 1989

Rejecting the recommendation of the Commission, the Supreme Court refused to admonish an appointed, part time municipal court judge for attending a local caucus and a county caucus for the Democratic Party and being chosen as a delegate. The Court concluded that, as a delegate controlling the proxy of party members, the judge wielded influence at the party convention and acted as a leader in a political party. The Court rejected the judge's argument that the term "leader" in Canon 7 was unconstitutionally vague noting that Canon 7(A)(1) prohibits attendance at political gatherings, the Court stated it would be reasonable for a person of ordinary intelligence to conclude that taking an additional, active role by standing for election as a delegate is prohibited. The Court also held that Canon 7 applies to appointed as well as elected judges. But the Court concluded that no sanction was necessary. The Court noted that the challenged activities took place during a single election, were limited to attendance at a precinct caucus and a county convention, and were solely for the purpose of participating in the selection of a presidential nominee.
The Court also found that there was no reason to believe that the judge would attend partisan conventions in the future, noting that as soon as the judge had received notice of the charges, he had refrained from attending the district and state conventions and that under Washington's new presidential primary election law, in the future, the judge would cast his vote for a presidential nominee by secret ballot. The Court also stated that no prior complaints had been made against the judge. Finally, the Court found that there was no indication that the judge's activity influenced his behavior on the bench or that the judge was exploiting his position to satisfy his personal desires. The Court noted the Commission's finding that the judge had acted with a good faith belief that he was exercising his constitutional rights. The Court found that there was no reason to address the judge's argument that the prohibition violated the state and federal constitutions because the Court lifted the admonishment and because the state's adoption of a presidential primary system had rendered the issues moot.

Supreme Court Opinion (723 KB) 115 Wn.2d 735, 801 P.2d 235 (1990), filed 12/13/1990.

Commission Decision (136 KB) filed 3/31/1989.

Answer to Formal Complaint (278 KB) filed 9/16/1988.

Formal Complaint (126 KB) filed 8/31/1988.

 

 

 

 

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