Name: Heather K. Van Nuys
Title: Judge
Court: Yakima County Superior Court
County: Yakima
Discipline: Censure & Suspension
Method of Resolution: Supreme Court affirmed
Discipline Date: 11/22/2002
Canons Violated:1, 2(A), 3(A)(1), 3(A)(6)
Summary: In a case filed earlier in the year, CJC No. 3754-F-99, Yakima County Superior Court Judge Heather K. Van Nuys agreed she unduly delayed filing decisions in two civil cases covering the time period of September 25, 1997 to April 29, 2002. After the Commission's action became public, the Commission received a new complaint and began an investigation that resulted in case CJC No. 3842-F-101. Investigation of the new allegations revealed evidence of at least twelve other cases of late decisions, in addition to the cases referenced in CJC No. 3574-F-99, going back as far as 1994. Judge Van Nuys stipulated that each month during that time she filed documents titled "Affidavit for Payment of Salary for Superior Court Judges." The affidavits stated that she was in compliance with the laws requiring timely decision making for superior court judges. Judge Van Nuys admitted she signed at least 55 such affidavits, even though her decisions were not timely. She agreed that statements contained in the affidavits were not true and that she should not have signed or submitted them and that the signing of such declarations by a judge is a serious violation of judicial ethics and of her responsibility to be truthful as a judge. The Commission and Judge Van Nuys agreed that if a hearing were held, evidence would be produced that could establish that Judge Van Nuys violated several provisions of Canons 1, 2 and 3 of the Code of Judicial Conduct. Based on the stipulation, the Commission censured Judge Van Nuys and recommended to the Supreme Court that she be suspended from judicial duties for two months and she complete other remedial measures. The State Supreme Court approved the stipulation and suspended Judge Van Nuys for two months without pay.
Case Documents Available:
Supreme Court Order In re Van Nuys, No. 73326-1 filed 12/5/2002.
Stipulation, Agreement and Order of Censure with Recommendation of Suspension filed 11/22/2002.