Name: Merle E. Wilcox
Title: Judge
Court: Island District Court
County: Island
Discipline: Resignation
Method of Resolution: Stipulation
Discipline Date: 11/21/1996
Canons Violated:1, 2(A), 2(B), 3(A)(3)
Summary: The Commission censured Judge Wilcox on Dec. 1, 1995 for a pattern of inappropriate sexual behavior, for assaulting his then-wife, for improperly requiring a party to file an affidavit of prejudice against him after he had recused himself, for conducting a mitigation hearing on a traffic citation received by a woman he was dating, and for inappropriately touching a pregnant court employee and commenting, "I can't get you pregnant, obviously." The Commission also ordered the judge to undergo a full evaluation for chemical/alcohol abuse and, if recommended, continue his treatment and to continue psychological counseling and treatment focusing on his failure to recognize and respect appropriate personal boundaries of others, particularly women. However, the Commission concluded that there was no clear, cogent, and convincing evidence that the judge had engaged in activity constituting sexual molestation with respect to his then-stepdaughters; there was no clear, cogent, and convincing evidence that he engaged in improper ex parte communications or verbally abused an attorney; and there was no clear, cogent, and convincing evidence that he had fixed or offered to fix the citation against the woman he was dating, removed the citation from the mailing envelope, or otherwise caused the violation to be omitted from her driving record. The Commission did order the judge not to contact his former stepdaughters, his former spouse, or the court employee or to retaliate against any witness in the proceeding. Five commission members argued that a one month's suspension without pay should also have been part of the sanction. Four commission members concurred with the censure and findings about favoritism in the courtroom and physical assault on his wife but did not agree with the findings regarding a pattern of inappropriate sexual behavior. [Commission agreement on 12/1/ 1995.] In an agreement filed Nov. 21, 1996 between the Commission and a judge of the Island County District Court, the judge resigned and agreed he would not serve in any judicial office. The agreement closed the matter without further proceedings. The Commission alleged the judge violated the Code of Judicial Conduct by failing to comply with the Commission's December 1, 1995 Order of Censure. [Commission order on 11/21/1996.]
Case Documents Available:
Stipulation and Order filed 11/21/1996.
Answer to Statement of Charges filed 10/9/1996.
Statement of Charges filed 9/10/1996.
Commission Decision filed 12/1/1995.
Concurrence and Dissent filed 12/1/1995.
Dissent filed 12/1/1995.
Concurrence with Dissent filed 12/1/1995.
Concurrence with Dissent filed 12/1/1995.
Response to Amended Statement of Charges filed 8/22/1995.
Amendment to Statement of Charges filed 8/3/1995.
Response to Statement of Charges filed 6/1/1995.
Statement of Charges filed 5/9/1995.