Name: Katherine M. Stolz
Title: Judge
Court: Pierce County Superior Court
County: Pierce
Discipline: Admonishment
Method of Resolution: Stipulation
Discipline Date: 08/01/2008
Canons Violated:1, 2(A), 3(A)(1)
Summary: From an agreed statement of facts, the Commission determined that Pierce County Superior Court Judge Katherine Stoltz violated Canons 1, 2(A) and 3(A)(1) of the Code of Judicial Conduct, when she required a man wearing a head covering he maintained was for religious purposes to remove it in court without any inquiry as to the sincerity of the claimed religious belief. While judges must maintain decorum in the courtroom, the law is well settled that they may not abridge rights to religious liberty under the First Amendment of the federal constitution and Washington State Constitution Article I, §11, absent a clear threat to public safety, peace or order. Judge Stoltz failed to take into account settled law and a recent Commission decision on the same subject, resulting in denying a criminal defendant his right to free exercise of religion in her courtroom. Noting this was apparently an isolated incident, the lack of evidence of any bias on the part of the judge, and her cooperation with the Commission, Judge Stoltz was admonished by the Commission.
Case Documents Available:
Certificate of Completion and Order filed 12/5/2008.
Stipulation, Agreement and Order of Admonishment filed 8/1/2008.