State of Washington Commission on Judicial Conduct
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State of Washington Commission on Judicial Conduct 2018 Annual Report 2018 ANNUAL REPORT State of Washington COMMISSION ON JUDICIAL CONDUCT Commission Members* Alternate Members Lin-Marie Nacht, Chair Elizabeth René Robert Alsdorf, Vice-Chair Ryan Archer Honorable John P. Erlick, Secretary Honorable Ruth Reukauf Sherry Appleton Terrie Ashby-Scott Joseph Bell Frances Bessermin Richard Carlson Ramon Alvarez Larry Goldberg Judie Stanton Honorable Kristian Hedine Honorable Claire Bradley Connie Michener Michael Tate Jean Ryckman VACANT Honorable James Verellen Honorable Richard Melnick *Commission membership as of December 31, 2018 For a current list of Commission members and biographies please refer to the Commission’s website at www.cjc.state.wa.us The following commissioners’ service ended during 2018: Honorable George Fearing Honorable Margaret Vail Ross John Sleeter Dorothy Webster P.O. Box 1817, Olympia, Washington 98507 (360) 753-4585 - Fax (360) 586-2918 www.cjc.state.wa.us cover art credit: https://unsplash.com/photos/xZdLUzuxnVY (John Westrock - Cape Disappointment) Table of Contents I. INTRODUCTION . 1 II. THE WASHINGTON COMMISSION ON JUDICIAL CONDUCT 1. Goals . 1 2. Meetings . 1 3. Membership . 1 4. Members and Alternates . 2 III. THE COMMISSION’S DISCIPLINARY FUNCTION 1. Jurisdiction and Authority . 4 2. The Complaint Process . 4 Stage I Preliminary Investigation Stage II Initial Proceedings Stage III Statement of Charges Stage IV Decision and Appeal Process 3. Confidentiality . 5 4. Public Case Information . 5 IV. COMMISSION ACTIVITY 1. Inquiries . 7 2. Complaints . 7 3. Dispositions . 7 4. Statistical Charts . 8 5. Public Actions - 2018 . 10 6. Public Actions - Previous Five Years . 11 7. Cases Filed with Supreme Court . 16 8. Other Washington State Supreme Court Cases . 20 APPENDICES A. Washington State Constitution Article IV, Section 31 . 22 B. Revised Code of Washington Chapter 2.64 . 23 C. Commission Rules of Procedure (CJCRP) . 26 D. Current Code of Judicial Conduct - Effective 2011 . 40 E. Supreme Court General Rule 29(h) . 64 F. Members’ Conduct Policies and Procedures . 66 G. Complaint Instructions and Form . 74 Introduction I. INTRODUCTION All fifty states and the District of Columbia have judicial conduct agencies to receive and investigate allegations of judicial misconduct. These agencies act on complaints involving judicial misconduct and disability. They do not serve as appellate courts to review judges’ rulings. These commissions work to protect the integrity of the judicial process and to promote public confidence in the courts. They also serve to improve and strengthen the judiciary by creating in judges a greater awareness of proper judicial behavior. II. THE WASHINGTON COMMISSION ON JUDICIAL CONDUCT 1. Goals The overall goal of the Commission is to maintain integrity and confidence in the judicial system. The Commission seeks to preserve both judicial independence and public accountability. The public interest requires a fair and reasonable process to address judicial misconduct or disability. This process is separate from the judicial appeals system, which allows individual litigants to appeal legal errors. The Commission also has a responsibility to judges, whose careers can be damaged by false and inaccurate allegations. The Commission makes every effort to act in the public interest while safeguarding the individual rights and reputations of judges from unfounded accusations. It is a complex mission to reconcile these charges—to hold judges accountable for misconduct without compromising the essential independence of the judiciary. 2. Meetings The Commission meets five times a year. At these meetings, the Commission reviews new complaints, discusses the progress of investigations, and takes action to resolve complaints. The Commission may also consider matters by telephone conference call. The current meeting schedule is posted on the agency website or is available by calling the office. Meeting locations vary. The 2019 meeting schedule, subject to change, is as follows: February 15, April 26, June 28, September 6, and November 22. 3. Membership Members’ four year terms begin mid-year on June 17 and end on June 16. The member listing that follows includes members who were serving as of December 31, 2018. A current list of Commission members and meeting dates may be accessed on the Commission’s website at www.cjc.state.wa.us. Page 1 Commission Members and Alternates Introduction There are eleven members, and eleven alternate members, of the Washington State Commission on Judicial Conduct: Six members of the public (and six alternates), who are not judges or lawyers, are appointed by the Governor; Three judges (and three alternates), one of each from the court of appeals, the superior courts and the limited jurisdiction courts, are appointed by their respective judicial associations; and, Two lawyers (and two alternates), are appointed by the Washington State Bar Association. Members and alternates serve in a volunteer capacity for four-year terms and may be reappointed for one additional full term. ATTORNEY MEMBERS ATTORNEY ALTERNATES (CORRESPONDING) LIN-MARIE NACHT (Lawyer ELIZABETH RENE (Alternate Lawyer Member) resides in King County. She is Member) resides in King County. She is a Senior Attorney with the King County a former Assistant Seattle City Attorney Department of Public Defense. Her current and former attorney for the WA State term expires in 2019. Departments of Licensing and Revenue. Her current term expires in 2019. ROBERT H. ALSDORF (Lawyer RYAN ARCHER (Alternate Lawyer Member) resides in King County. He heads Member) resides in King County. He is Alsdorf Dispute Resolution and serves as senior litigation counsel for The Boeing Distinguished Jurist in Residence at Seattle Company, and a former Assistant U.S. University School of Law. His current term Attorney. His current term expires in 2020. expires in 2020. JUDICIAL MEMBERS JUDICIAL ALTERNATES (CORRESPONDING) JOHN ERLICK (Judge Member) resides RUTH REUKAUF (Alternate Judge in King County. He serves as a King County Member) resides in Yakima County. She Superior Court Judge. His current term serves as a Yakima County Superior Court expires in 2022. Judge. Her current term expires in 2022. JAMES VERELLEN (Judge Member) RICH MELNICK (Alternate Judge resides in King County. He serves as a judge Member) resides in Clark County. He serves of the Washington State Court of Appeals as a judge on the Washington State Court Division I. His current term expires in 2019. of Appeals Division II. His current term expires in 2019. KRISTIAN HEDINE (Judge Member) CLAIRE BRADLEY (Alternate Judge resides in Walla Walla County. He serves as Member) resides in Kitsap County. She a Walla Walla County District Court Judge. serves as a Kitsap County District Court His current term expires in 2021. Judge. Her current term expires in 2021. Page 2 Commission Members and Alternates PUBLIC MEMBERS PUBLIC ALTERNATES (CORRESPONDING) SHERRY APPLETON (Public TERRI ASHBY-SCOTT (Alternate Member) resides in Kitsap County. She Public Member) resides in Spokane has served as a State Representative for County. She is currently the Director, the 23rd legislative district since 2004, Scholar Success Team, for the Washington where she serves on the Community State Opportunity Scholarship (WSOS). Development, Public Safety and Capital Her current term expires in 2021. Budget Committees. Her current term expires in 2021. FRANCES BESSERMIN (Alternate JOSEPH G. BELL (Public Member) Public Member) resides in Stevens County. resides in Mason County. He is presently She is currently retired after serving as retired after serving as a Washington State a Stevens County Commissioner and a government Executive for 38 years. His business owner in Spokane. Her current current term expires in 2019. term expires in 2019. JUDIE STANTON (Alternate Public LARRY GOLDBERG (Public Member) Member) resides in Clark County. She resides in Grays Harbor County. A fourth previously worked for the Clark Public generation in his family’s retail furniture Utilities for 23 years and currently owns business, he is retired and enjoys substitute a consulting company. Her current term teaching in local high schools. His current expires in 2021. term expires in 2021. CONNIE MICHENER (Public MICHAEL TATE (Alternate Public Member) resides in Thurston County. She Member) resides in Whitman County. is retired after 33 years serving in executive He retired in 2014 after serving as chief management in large, complex and diverse diversity officer and ADA coordinator for state government organizations. Her Washington State University. His current current term expires in 2021. term expires in 2021. RICHARD CARLSON (Public RAMON ALVAREZ (Alternate Public Member) resides in Snohomish County. Member) resides in Spokane County. He is He is a former superior and juvenile court currently the Human Resources Director of administrator with more than 38 years of Employee and Labor Relations for Spokane experience in Washington’s court system. Public Schools. His current term expires His current term expires in 2022. in 2022. JEAN RYCKMAN (Public Member) resides in Franklin county. She retired VACANT (Alternate Public Member) from her position of manager of Franklin PUD and currently serves as Commission President for the Port of Pasco, board member of TRIDEC, and Vice President of Washington Public Ports Association. Her current term expires in 2020. Page 3 Disciplinary Function III. THE COMMISSION’S DISCIPLINARY