(For more information about the actions of the Commission on Judicial Conduct, please see our news section on this website)
In a complaint filed by the Washington State Commission on Judicial Conduct, it is alleged:
** That Justice Richard Sanders toured a prison in January 2003 for which activity he received Continuing Judicial Education credit.
** That Justice Sanders' tour violated the Code of Judicial Conduct prohibition against ex parte communication because he had some incidental contact with prisoners, although he did not discuss any legal proceeding with anyone and did not sit in judgment in any case involving anyone he met.
Statements about the Commission on Judicial Conduct’s action
John A. Strait, Associate Professor, Seattle University School of Law 206-398-4027
Phil Talmadge, former Supreme Court Justice 206-574-6661
Lembhard Howell, Attorney, senior member of the Bar 206-623-5296
"No judge in Washington has ever been sanctioned for visiting a prison and talking to prisoners. The rules cited by the charges have never been applied to circumstances like these anywhere in the country. I expect the Commission, and if necessary, the Courts to exonerate Justice Sanders' efforts to be informed of the circumstances in our prisons, “ said John A. Strait.
"Thank God we have judges like Justice Sanders who care enough to find out what actually happens to people sent to prison. Saying this is an ethical violation is ridiculous," said Lembhard Howell,
"There is nothing unethical about what Justice Sanders did. If anything he should be commended for touring the state's institutions and learning more about how they function." said former Supreme Court Justice Phil Talmadge.
Key Information Points
** Justices are encouraged to educate themselves about state institutions and they do so by visiting them, with many justices regularly visiting prisons.
** Justice Sanders' visit to the Special Commitment Center last January was a Continuing Judicial Education tour for which Justice Sanders received credit.
** Justice Sanders warned prisoners and prison officials in advance that he would not discuss legal cases with prisoners and did not do so.
** If Justice Sanders is sanctioned for touring a prison in fulfillment of his Continuing Judicial Education requirement he will be the first judge punished for fulfilling this requirement designed to foster an informed judiciary.
** Currently justices and other judges regularly visit prisons, but the initiation of this extended and expensive proceeding by the Commission against Justice Sanders puts great pressure on judges to avoid such visits even if no ethical violation is likely to exist.
** Justice Sanders believes his conduct will be fully exonerated either by the Commission or ultimately by the courts if an appeal is necessary. He intends to vigorously defend his professional reputation as a conscientious and ethical member of the judiciary who is doing his job by occasionally touring prisons.
** Because of the circumstances, Justice Sanders will not comment personally to the news media about this complaint. For additional comment, contact members of the Bar familiar with these issues, listed above.
