Discipline of Sanders :: 135 Wn2d 175
Category: First Amendment
Less than one hour after his swearing into office, Justice Sanders walked across campus grounds and joined a pro-life rally, addressing the crowd. He affirmed that protection of innocent life was “fundamental” to our legal system. He did not stay for further events or celebrations but left immediately after his speech. Thereafter, the Commission on Judicial Conduct (Commission) served him with a statement of charges. The full context of the speech as recorded in the Advance Sheets is as follows:
Well, I’m not quite Chief Justice [he was introduced as Chief Justice], but I am a Justice. That’s plenty good enough for me. I want to give all of you my best wishes in this celebration of human life. Nothing is, nor should be, more fundamental to our legal system than the preservation and protection of innocent human life. By coincidence, or perhaps by providence, my formal induction to the Washington State Supreme Court occurred about an hour ago. I owe my election to many of the people who are here today and I’m here to say thank you very much and good luck. Our mutual pursuit of justice requires a lifetime of dedication and courage. Keep up the good work. [at 180].
Although it is a violation of the Code of Judicial Conduct for a judge, or judicial candidate, to promote a moral or legal philosophy to the extent that they bias their independence on the bench, it is not uncommon for judges and justices to address various groups and lend moral support to their issue and/or efforts. Every judge holds an opinion on most subjects, but the only way to convince the Commission it will not create a bias is to hold that conviction within the left hand.
To avoid a conflict of interest, the Supreme Court bench was replaced by appellate judges. This Court unanimously held that “A judge does not surrender First Amendment rights upon becoming a member of the judiciary.” [at 188]. *** “There is nothing in the record that would permit us to construe Justice Sanders’ conduct as an express or implied promise to decide particular issues in a particular way.” [at 190]. *** “A judge’s appearance and speech at a rally is not sufficiently akin to a judge’s use of his or her judgeship to gain an economic or other advantage. . . . A judge’s free speech is subject to limitation by the Canons of Judicial Conduct. However, those limitations must not be interpreted in the individual case to go so far as to permit sanctioning speech and conduct that does not clearly lead to the conclusion that the words and actions call into question the integrity and impartiality of the judge. The conduct in this case . . . does not rise to that level.” [at 192-93].
Rating the Usual Suspects:
| pass | Baker, William | |
| pass | Becker, Mary Kay | |
| pass | Bridgewater, C C | |
| pass | Grosse, C Kenneth | |
| pass | Houghton, Elaine | |
| pass | Hunt, J Robin | |
| pass | Kennedy, Faye | |
| pass | Lawrence, Paul J | |
| pass | Sweeney, Dennis | |
| pass | Webster, Walter | |
| fail | Koehler Jr, Peter | |
| fail | Marmaduke, Donald | |
| fail | Wilker, Steven |