Name: Gary W. Velie
Title: Judge
Court: Clallam County Superior Court
County: Clallam
Discipline: Reprimand
Method of Resolution: Decision
Discipline Date: 02/07/1992
Canons Violated:1, 2(A), 3(A)(3)
Summary: The Commission reprimanded a judge who 1) had had an ex parte meeting with a minor who was the subject of a proceeding over which the judge was presiding; 2) had stated to an attorney in open court and in front of a female court reporter and female clerk that the attorney looked like he had been 'jacking off a bobcat in a phone booth;' 3) during the armed conflict with Iraq, said 'nuke the sand n***rs' in the presence of others in the clerk's office coffee room in the courthouse; 4) had stated to two attorneys that a defendant in an old case 'had gone crazy from sucking too many cocks,' which made one of the attorney concerned that the judge may be prejudiced against homosexuals; and 5) during sentencing of an indigent defendant, had stated that a lot of the clients at a food bank of which his wife is president 'were too stupid to cook what they are given but nobody is starving.' In 1988, the Commission had dismissed allegations of racist and sexist language, embarrassing jokes, and ex parte contacts against the judge based on his statements to the Commission that he would take corrective action. The Commission found that the judge frequently used coarse language that, when viewed in isolation, was relatively minor, but contributed to the pattern of inappropriate behavior and that the judge's misconduct had had a negative effect on the judiciary and caused concern about his impartiality on the part of attorneys who appear before him. The Commission also ordered the judge to cease making disparaging or embarrassing comments while in the performance of official duties and while in and about the courthouse regardless whether such comments are made in jest; to refrain from ex parte communications; to take no retaliation, directly or indirectly, against witnesses or other persons who cooperated with the Commission in its investigation and proceeding; to complete a course approved by the Commission concerning judicial conduct at the National Judicial College within one year; and to cooperate with the Commission's monitoring of his compliance with the order. Several members of the Commission dissented from the finding that the judge had made a homophobic comment, noting that the judge could not recall it and another person present had denied that it was made, and from the finding regarding the ex parte communication because the judge's suggestion that the minor confer with him, although improper, was made in open court and counsel did not object.
Case Documents Available:
Letter of Completion filed 2/8/1993.
Commission Decision filed 2/7/1992.
Answer to Amended Statement of Charges filed 10/30/1991.
Amended Statement of Charges filed 10/9/1991.
Answer to Statement of Charges filed 9/12/1991.
Statement of Charges filed 8/16/1991.