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Michael Heavey Answer to Statement of Charges 5975-F-145

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Michael Heavey Answer to Statement of Charges 5975-F-145 07/18/2008 07:01 2064471427 CASSANDRA STAMM ESQ. PAGE 02/21 1 FILED 2 JUN ..2 5 2010 3 COMMrssroN ON JUDtc1111 4 "'11.. CONDUCT 5 6 7 8 OJ!' THE STATE O:&' WAS!UN~ON 9 ln re the Matter of, I 10 i NO. 597 5-.F-145 11 The Honorable Michael Hoavey, f I 12 Judge of the King County i ANSWER TO STATEMENT OF CHARGES Superior Court. 13 ! \' 14 _.. _.... -~·-... ' •,, ____________ ___,l 15 Pursuant to Rule 20(a} of the Commission on Judicial 16 Conduct Rules of ProcedurE;! (hereinafter "CJCRP''), the Honorable 17 18 . King County Superior court Judge Michael Heavey hereby answers 19 the Statement of Charges filed in the above cause on June 3, 20 2010 . 1 21 I. 22 Michael aeavey admits be is now and was at all times 23 referred to in this Answe~ and the Statement of Charges a King 24 County Superior Court Judge. It is the distinct hono:r of 25 i The Statement of Charges was s~g;ned on June 3, 2010. Judge Heavey 26 was serv-ed therewith on June 7, 2010. This Answer is timely filed. See, CJC~P 20(a). · Law Offices l'lf Cuandn Stamm, PLLC ANSWER - 1 Bank ofAmerica f~ A'\'!;llue Plaza 800 :Fii:tbA•11111e, Saile 4100 Seattle, WtihmgtClll 98J O<i ttl: (2o«i) 264-85!!6 fax: (206) 447-1427 " CASSANDRA STAMM ESQ. PAGE 03/21 07/18/2008 07:01 2064471427 1 Michael Heav-~y' s professional career to be a mernl:>er of the 2 judiciary of the State of Washington. Judge Heavey entered 3. both the study of law and the judiciary with an earnest belief 4 that he could thereby bring forward Truth and e££ect Justice. ·5 Judge Heavey has worked for nearly a ciecade to foste~ justice 6 and the rule of law by att~mpting to remain absolutely 7 ihdependent, fair, and competent in his judicial capacity. 8 But in addition to being a Judge of the King County 9 Supe:r:ior court, Michael Heavey is a father of three, a husband 10 of twenty-five years, and an involved mexnbe~ of his community 11 12 .with a strong commitment to hum.an and legal rights. Michael 13 Hea~ey grew up in Seattle, graduating from Garfield High 14 School. Prior to beconing a judge, Michael Heavey se~ved his 15 country as an Army officer in Vietnam (where he was decorated 16 with a Bronze Star, · Air Medal, Good Conduct Medal, and an RVlil 17 Cross of Gallantry) , served for eight years as a Washington 18 state representative, and six years as a senator. 19 Duri,ng the .summer of 2008, the case of Amanda Knox was 20 brought to Michael Heavey' s attention. Amanda Knox was a 21 college student from Sea.ttle accused of murdering another youhg 22 , woman in Perugia, Italy. Amanda Knox went to high school with 23 Michael Heavey' s daughters and her parents lived less than a 24 mile from Michael Heavey and his family. Over time and through 25 26 a v-ariety of sources including Amanda. Knox' family, Michael \ Law Offltes of Cassandra Sta11Jm, PLLC ANSWER - 2 :Bmk of Ammca l'itlb Avenue Plau 800 Fjl»f Avenlle, Suite 4100 Seattle, Washingron 1>8104 tc:I: (206) 264-8S86 fax: (:Z06) 447-1427 PAGE 04/21 07/18/2008 07:01 2064471427 CASSANDRA STAMM ESQ. 1 Heavey learned a lot about Amanda Knox, the case against her, 2 and the Italian legal system. Some of what Michael Heavey 3 learned was widely publicly ·known but much of it was not. 4 In short, what Michael lieavey learned about the · Amanda 5 Knox: case led him to an informed conclusion based in part on 6 h.is own · e.&perience and research that . what was hai;,pening to 7 Amanda Knox .in Italy was an absolute affront to . Truth and 8 Justice. As he wrote at the time, Michael Heavey feared Amanda 9 Kno.)( "was in· grave danger of· being convicted· of the murder 10 because of. illegal and improper poisoning of public opinion and 11 12 judicial opinion." 13 Upon learning all that he did, and coming to the 14 conclusions that he did, Michael Hea~ey could have sat pack and 15 done nothing but he instead felt ethically and morally 16 compelled to act. Under the c·ircumstances, Michael Heavey felt 17 obligated to attempt · to right these 1>1rongs. He tri.ed to do 18 just that, no more and no less. 19 Some have questioned whether fu;c-thering the ends of 20 justice and seeking truth is "the·offi.ce of a Washington State 21 Superior Court judge?" In this i.nstance, under these singular 22 and unique facts, Judge Michael Heavey answers 'yes.' 23 lI. CONDUCT GIVING RISE TO TBE CHARGES 24 Michael Heavey has always readily admitted that he wrote 25 26 letters on stationery identifying himself as a King County Law Offices o( CaM8Ddnr. Stamm, J'LLC ANSWEE. - 3 Bani< of America Flfth Avenue Plaza 800 fifth AveniK, Suite 4100 Seattle, Washington 98104 tel: (206) 264-85&6 filx: (206) 447-1427 07/18/2008 07:01 2064471427 CASSANDRA STA~M ESQ, PAGE 05/21 :.·i'.. !·.1· i 1 Superior Court Judge to persons in !ta.ly associ.ated with· the 2 Amanda Knox case . 1 Michael Heavey also readily admits that 3 thereafter he spok~ publicly about Amanda Knox' case. Indeed, 4 these matters came to the attention. of th.e Commission because 5 Judge Heavey self-reported them. 6 .Judge Heavey wrote his letters and spoke out regarding the 7 Amanda Knox case in an attempt to live up to his own high 8 ethical standards and to try to ensure that at least basic 9 principles of fairness would be observed by Italian officials. 10 Having observed· what was clearly unethical and. unlawful 11 12 conduct, in violation of established standards of American and 13 Italian law, Judge Heavey sought to take appropriate action by 14 writing to involved individuals and the appropriate 15 disciplinary authority. When speaking publicly, Judge Heavey 16 acted with a good faith belief that he was e~ercising his First 17 Ame.ndment right as a citizen to freedom of speech. 18 Both in his letters and public statements, Judge Heavey's 19 primary intent was always to advance the public interest in 20 justice and due process. The reason Judge Heavey was spurred 21 to action was that Amanda Knox was not b~ing .tre~ted fairly,. 22 her rights were denied, legal and ethical standards were 23 violated--in short, injustice was occurring. This injustice 24 was the pri~a~y aim of Judge Heavey 1 s actions and public 25 1 True and correct copies of the English transla:i:ions of these 26 letters, as . sent in Italian on Judge Hea'7'ey' s letterhead, are attached hereto as Appendix A. Law Offices of CuS11.11ilra Stamm, PLLC ANSWER - 4 Bank: of Amtl!ii;a Fifth Avenue Plaza 800 Fifth Avenue, Suite4100 Scattlc,. Washington 98104 tel: (206) 2644586 fu:: (206)447-1417 07/18/2008 07:01 2064471427 CASSANDRA STAMM ESQ. PAGE 06/21 1 comments. Of course, it could also be said that these actions ·2 and public comments were aimed in some part at Ms. Knox 1 3 private interests. This private interest was incidental to the , I 4 public interest in jus-c.ice and fair proceedings that was the I 5 primary concern of Judge Heavey. 6 In his letters and public communications, Judge Hea\Tey 7 could have more clearly stated tbat the observations and 8 opinions stated therein were his personally and not necessarily 9 those of the Court. At the time he wrote his letters, Judge 10 · Heavey was unaware that a judge could · instead have personal 11 'i 12 stationery printed which bears the title judge but which would ii 11 not be confused with official stationery. 1 In these respects, ii 13 n if Judge Heavey agree5 that his communications could have been ! ! I! 14 :! 15 better framed in order to avoid any possible misunderstood 16 apl)earance of impropriety. 2 Judge Heavey has ta~en steps to 17 correct any misconceptions his letters might have had in this 18 regard. 19 III. BASIS FOR COMMISS:ION ACTI:ON 20 · Michael Heavey agrees wholeheartedly that an independent 21 and honorable judiciary is indispensable to justice in our 22 society. Judge ·Heavey has dedicated a good · po.rt ion of his 23 24 1 See, Ethics 21.dvisory Committee Opinion 86-15 (1986) . 2 Whether such a misunderstanding actually occurred ;i.s unknown, 25 though perhapa it is worth noting that such. a misunderstanding is less likely when the person receiving the communication is a 26 member of the legal system rather than a +ay person. See, Ethics advisory Opinion 02-16 i2002). :u.w Offices or Cassandra Stamm, PLLC ANSWER - 5 Bank <1f Amerioa Fifth Avmuc Plm:11 800 Fifth Avenue, Suite 4100 Seattle, Washington 98104 tel: (206) 264-8:>86 fax: (206) 447-1427 i 11 PAGE 07/21 07/18/2008 07:01 2064471427 CASSANDRA STAMM ESQ. 1 life, professional and otherwise, to establishing, maintaining 2 and enforcing high standards of ethics and conduct. 3 Michael Heavey is also governed by other more general 4 standards of ethical conduct. 1 As a father, husband, and 5 citizen Michael Heavey aspires to do his best, in action and 6 speech, to effect Justice whenever he has .the means to do so 7 consistent with all his ethical obligations.
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