Name: Richard Sanders
Title: Justice
Court: Supreme Court
County: Thurston
Discipline: Admonishment
Method of Resolution: Supreme Court affirmed
Discipline Date: 04/08/2005
Summary: State Supreme Court Justice Richard B. Sanders visited the Special Commitment Center for sexually violent predators and met with residents there. In April 2004, the Commission filed a Statement of Charges. The Commission affirmed its approval of institutional visits in general, but alleged that in connection with his interaction with residents, Justice Sanders created the appearance of impropriety, in violation of Canons 1 and 2. The Statement of Charges also alleged the justice violated Canon 3(A)(4) by initiating ex parte conversations with residents who had cases pending before the State Supreme Court. It was alleged, among other things, that Justice Sanders accepted documents from two residents and initiated conversations with residents about the issue of "volitional control," which was then pending in litigation before the Court. After a fact-finding hearing in December of 2004, a majority of the hearing panel found Justice Sanders created the appearance of impropriety by his actions, in violation of Canons 1 and 2(A). The panel did not find that he violated Canon 3(A)(4). The Commission admonished the justice and encouraged him to "exercise utmost caution in considering his involvement in matters concerning the issue of volitional control presented by sexual predators residing at the Special Commitment Center." A minority decision agreed Justice Sanders had violated Canons 1 and 2(A), but concluded no sanction was warranted. Two other members of the panel dissented, concluding no violation was committed. The State Supreme Court affirmed the Commission's decision.
Case Documents Available:
Supreme Court Decision In re Richard B. Sanders 159 Wn.2d 517, 145 P.3d 1208 filed 10/26/2006.
Corrected Amended Commission Decision filed 7/13/2005.
Minority Opinion filed 4/8/2005.
Dissenting Opinion filed 4/8/2005.
Letter and Answer to Statement of Charges filed 4/28/2004.
Statement of Charges filed 4/5/2004.