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 Adobe Acrobat PDF files.

In re the Honorable Stephen M. Gaddis

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 that the commissioner 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.

Certificate of Completion and Order filed 12/9/05.

Stipulation, Agreement and Order of Reprimand filed 12/10/04.

In re the Honorable Richard C. Fitterer

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 by 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 blood-alcohol 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.

Stipulation, Agreement and Order of Reprimand filed 10/1/04.

 

In re the Honorable Francis deVilla

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 in Hawaii 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.

Stipulation, Agreement and Order of Admonishment filed 6/18/04.

In re the Honorable Patrick R. Burns

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, and acknowledged it was widely rumored 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 and that 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.

Certificate of Completion and Order filed 12/10/04.

Stipulation, Agreement and Order of Reprimand filed 6/18/04.

In re the Honorable Mary Ann Ottinger

From an agreed statement of facts, the Commission determined that King County District Court Judge Mary Anne 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.

Certificate of Completion and Order filed 9/26/05.

Stipulation, Agreement and Order of Censure filed 6/18/04.

In re the Honorable Evan E. Sperline

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 by advising counsel in one matter 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; and, in two other matters, by writing letters to the court of appeals expressing his disagreement and frustration with that court’s reversal of his trial court decisions in those matters, 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.

Stipulation, Agreement and Order of Admonshment filed 3/10/04.

In re the Honorable Randal B. Fritzler

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.

Statement of Charges filed 12/8/2003.

Stipulation, Agreement and Order of Censure filed 2/6/04.