CJC No. 11211-F-207
September 8, 2023
From an agreed statement of facts, Benton County District Court Judge Terry Tanner stipulated that he violated Canon 1, Rules 1.1 and 1.2, of the Code of Judicial Conduct. Judge Tanner violated the Code by committing the offense of Driving Under the Influence of Alcohol (DUI) on January 2, 2023. The Commission censured Judge Tanner and recommended to the State Supreme Court that the judge be suspended for 30 days without pay. The Commission ordered him to comply with the terms of his criminal case, recuse from Driving Under the Influence cases during compliance, refrain from the consumption of alcohol, participate as a speaker in three events related to his misconduct, and promptly read the Code. Respondent also stipulated that he will resign from office if he consumes any alcohol in any location, and will self-report the lapse to the Commission. Respondent was previously sanctioned by the Commission for committing DUI. (See In re Tanner, 8889-F-180 (2018).) Respondent further agreed that his current offense violated the terms and conditions of this 2018 disciplinary matter. The State Supreme Court approved the stipulation and imposed a thirty-day suspension without pay.
Supreme Court Order In re Honorable Terry M. Tanner Supreme Court No. 202148-4 filed 11/13/2023.
Stipulation, Agreement and Order of Censure With Recommendation of Suspension filed 9/8/2023.
CJC No. 10260-F-193
September 8, 2023
On December 3, 2021, the Commission on Judicial Conduct commenced a public proceeding concerning former Judge Darvin Zimmerman, of the Clark County District Court, by filing a Statement of Charges. The action was based upon a Commission finding of probable cause alleging that Judge Zimmerman violated Canons 1 (Rules 1.1 and 1.2) and Canon 2 (Rules 2.2, 2.3(A), 2.4 and 2.10) of the Code of Judicial Conduct by making comments about a controversial incident and related impending case(s) that displayed racial bias, indicated a lack of impartiality, and implied that he had a personal channel of communication with the Sheriff’s Department regarding pending and impending cases. Judge Zimmerman retired from office on June 30, 2021. A fact-finding hearing in this matter was continued multiple times due to Respondent’s medical condition. Based upon an independent medical evaluation of Respondent’s medical records the parties jointly moved to dismiss this matter. The hearing panel granted the motion and issued an Order Granting Motion to Dismiss Without Prejudice due to the serious risks a hearing would pose to Respondent’s health. The Commission determined that its goal to maintain confidence and integrity in the judicial system was adequately addressed by terminating disciplinary proceedings against former Judge Zimmerman.
Order Granting Motion to Dismiss Without Prejudice filed 9/8/2023.
Sixth Amended Notice of Fact-Finding Hearing filed 7/21/2023.
Supplemental Answer to Statement of Charges and Motion filed 1/26/2022.
Preliminary Answer to Statement of Charges filed 12/28/2021.
Statement of Charges filed 12/3/2021.
CJC No. 11092-F-208
September 8, 2023
From an agreed statement of facts, part-time Chelan County District Court Judge Jonathan Volyn stipulated that he violated Canon 1, Rules 1.1 and 1.2, and Canon 4, Rule 4.1(A)(9), of the Code of Judicial Conduct. Judge Volyn violated the Code by personally soliciting endorsements for his 2022 judicial campaign from a subordinate court employee in a non-public area of the Chelan County District Court during work hours. The Commission admonished Judge Volyn and ordered him to participate in judicial campaign ethics training and promptly read the Code.
Certificate of Completion and Order filed 2/9/2024.
Stipulation, Agreement, and Order of Admonishment filed 9/8/2023.
CJC No. 11082-F-206
June 23, 2023
From an agreed statement of facts, King County Superior Court Judge Mary Roberts stipulated that she violated Canon 1, Rules 1.1 and 1.2, and Canon 2, Rule 2.5, of the Code of Judicial Conduct by failing to issue timely decisions in two matters pending before her. Her decision on a post trial motion for fees and costs was issued 97 days after it was submitted for a decision, and her decision on a petition to modify custody was issued approximately six and a half months after it was finally submitted for a decision. The Commission admonished Judge Roberts and ordered her to promptly read the Code.
Certificate of Completion and Order filed 9/8/2023.
Stipulation, Agreement and Order of Admonishment filed 6/23/2023.
CJC No. 11231-F-205
June 23, 2023
From an agreed statement of facts, Clark County Superior Court Judge John Fairgrieve stipulated that he violated Canon 1, Rules 1.1 and 1.2, and Canon 2, Rule 2.5, of the Code of Judicial Conduct by failing to issue a timely decision in a civil matter pending before him on appeal. The decision was issued approximately one year after the matter was taken under advisement. The Commission admonished Judge Fairgrieve and ordered him to promptly read the Code.
Certificate of Completion and Order filed 9/8/2023.
Stipulation, Agreement and Order of Admonishment filed 6/23/2023.
CJC No. 9879-F-203
April 21, 2023
From an agreed statement of facts, Pend Orielle County District Court Judge Robin McCroskey stipulated that she violated Canon 1, Rules 1.1 and 1.3, and Canon 3, Rule 3.7(B), of the Code of Judicial Conduct. Judge McCroskey violated the Code by sharing a 'GoFundMe' account on her Facebook page. With few exceptions (that were not present here), judges are prohibited from directly fundraising. The Commission admonished Judge McCroskey and ordered her to promptly review the Code.
Certificate of Completion and Order filed 11/17/2023.
Stipulation, Agreement and Order of Admonishment filed 4/21/2023.