Name: Janice Niemi
Title: Judge
Court: King County Superior Court
County: King
Discipline: Censure
Method of Resolution: Supreme Court reversed and dismissed
Discipline Date: 01/04/1991
Canons Violated:1, 2(A), 7(A)(1), 7(A)(3), 7(A)(4)
Summary: The Commission publicly censured a pro tempore judge who had served on a county superior court for ninety two days in 1990 while also serving as a senator in the state legislature. The Commission found that the senate committees on which the judge served (the law and justice committee and the ways and means committee) had substantial responsibilities in enacting laws and regulating the courts and the judicial system. The Commission concluded that the dual service could cause substantial concerns on the part of the public about the judge's integrity and independence and could seriously affect public confidence in the integrity and impartiality of the judiciary. The Commission also held that the judge's activities as a partisan member of the state legislature constitute partisan political activity prohibited to a judge. The Commission noted that the Code of Judicial Conduct clearly states that judges pro tempore are not exempted from the provisions of the Code except in those situations specifically set forth in its Preamble. The Commission also stated that the separation of the branches of government is improperly eroded by the necessity of a legislator appearing before the Commission to receive a reprimand or censure as a judge. Noting the judge's offer to recuse herself from any matters in the senate committees that concern the Commission, the Commission stated that the judge had been elected to serve the citizens of the district and should continue to do so and that the offer to recuse tacitly acknowledged the inherent conflict of interest. In response to the judge's argument that legislators should be permitted to serve as judges pro tempore because of a shortage of elected judges and a backlog of untried cases, the Commission held that expedience should not reign over ethics. Stating that it is an administrative body, the Commission concluded that it had no constitutional or statutory authority to determine the constitutionality of specific canons. Noting that on July 14, 1986, the Ethics Advisory Committee had issued an opinion stating that a member of the state legislature should not sit as a pro tempore judge, the Commission concluded that the judge's service as a pro tempore judge after notice of the advisory opinion and from the Commission, was, while not egregious conduct, greater than a minor violation. The Commission specified as a corrective course of action that the judge could no longer serve as a judge pro tempore until she is no longer a member of the legislature. Four (of ten) commissioners disagreed with the sanction (but not the corrective course of action), stating that the judge's conduct did not fall to the level of a censure, but that a reprimand was the proper sanction. The State Supreme Court reversed the Commission's decision and dismissed the case.
Case Documents Available:
Supreme Court Opinion In re Janice Niemi 117 Wn.2d 817, 820 P.2d 4 filed 11/2/1991.
Order Modifying Decision filed 2/7/1991.
Commission Decision filed 1/4/1991.
Amended Statement of Charges filed 10/23/1990.
Answer to Statement of Charges filed 10/10/1990.
Statement of Charges filed 9/17/1990.