Name: Mark S. Deming
Title: Judge
Court: Pierce District Court #1
County: Pierce
Discipline: Censure & Removal
Method of Resolution: Supreme Court affirmed
Discipline Date: 01/10/1986
Summary: In the first public hearing in Commission history, the Commission considered misconduct allegations against Judge Mark S. Deming of the Pierce County District Court, and found that he violated Canons 1, 2(A), 2(B) and 3(A)(3) of the Code of Judicial Conduct. The Commission determined that the respondent engaged in an improper personal relationship with a probation department employee which adversely impacted the administration of the court; that he frequently made inappropriate and injudicious statements both on and off the bench; and, that he sexually harassed female court personnel. The Commission recommended to the Supreme Court that Judge Deming be removed from office. Judge Deming appealed to the Washington State Supreme Court, which conducted a de novo review of the Commission's findings and recommended sanction. The court held that Judge Deming violated Canons 1, 2(A), 2(B), 3(A)(3), 3(B)(1) and 3(C)(1) of the Code of Judicial Conduct by engaging in an improper personal relationship with a probation department employee and by engaging in repeated instances of sexual harassment against court personnel both on and off the bench. The supreme court rejected respondent's arguments that his public hearing was unconstitutional; that his due process rights were violated; and, that the combination of adjudicative, investigatory and prosecutorial functions created the appearance of unfairness. The supreme court affirmed Judge Deming's disqualification from office and, had he not resigned his position, removal. This is the case in which the court set forth aggravating and mitigating factors to be considered in imposing sanctions for judicial misconduct. The State Supreme Court affirmed and removed Judge Deming from office.
Case Documents Available:
Supreme Court Opinion In re Mark S. Deming 108 Wn.2d 82, 736 P.2d 639 filed 5/7/1987.
Commission Decision filed 1/10/1986.
General Denial to Complaint filed 11/13/1985.
Formal Complaint filed 10/21/1985.