Name: John G. Burchard
Title: Judge
Court: Okanogan County Superior Court
County: Okanogan
Discipline: Reprimand
Method of Resolution: Stipulation
Discipline Date: 12/01/1995
Canons Violated:1, 2(A), 2(B), 3(A)(4)
Summary: Pursuant to a stipulation, the Commission reprimanded a judge who had initiated or considered ex parte communications concerning pending or impending proceedings. The judge also agreed to attend an ethics for judges course approved by the Commission. In one case, the judge had accepted a telephone call from the police chief, who discussed concerns about the case and the parties. The judge telephoned a district court judge and a department of corrections officer about the case. In a second case, the judge had telephoned defense counsel and communicated his thoughts and intentions concerning an upcoming commitment hearing. In a third case, during the trial, the judge had a private conversation with a state patrol trooper who was a witness for the state, outside the presence of the jury, regarding the trooper's presentation of evidence and indicated that the witness should not mention these suggestions to the deputy prosecuting attorney assigned to the case. The judge stated that the comments were made in a courtroom with other persons nearby and that his statement not to mention his comments was made in jest. In a fourth case, the judge brought up a proposed plea bargain to a police officer. The judge explained that he informed the officer that, if he disagreed with the proposed plea bargain, he should contact the prosecutor's office and reminded him of his right to attend the court hearing and make a statement. The judge also discussed the matter with the prosecuting attorney, indicating that law enforcement did not approve the agreement and that the judge was not going to accept it.
Case Documents Available:
Letter of fulfillment filed 12/9/1996.
Stipulation and Order of Reprimand filed 12/1/1995.