Name: Steven L. Michels
Title: Judge
Court: Sunnyside Municipal Court
County: Yakima
Discipline: Censure & Suspension
Method of Resolution: Supreme Court affirmed
Discipline Date: 07/15/2002
Canons Violated:1, 2(A), 3(A)(1), 3(D)(1)
Summary: 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 he resumes judicial office. The State Supreme Court affirmed the Commission's decision and suspended Judge Michels for 120 days without pay.
Case Documents Available:
Certification of Completion and Order filed 4/9/2004.
Supreme Court Decision In re Steven Michels 150 Wn.2d 159 filed 9/4/2003.
Commission Decision filed 7/15/2002.
Amended Statement of Charges filed 2/20/2002.
Answer to Statement of Charges filed 10/25/2001.
Statement of Charges filed 8/27/2001.