Judicial Ethics and Washington State Supreme Court Justice Richard B. Sanders

News Media Backgrounder and Statement:

The complaint: Justice Richard Sanders toured a prison in January 2003 for which he received Continuing Judicial Education credit. It is alleged 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.

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.

For information, contact:

Because of the circumstances, Justice Sanders will not comment personally to the news media about this complaint. Journalists who need more information may contact the following individuals who are familiar with the facts of this case:

Primary Contact: Legal Ethics Associate Professor John A. Strait, at Seattle University School of Law, 206-398-4027.

For additional commentary, contact members of the Bar familiar with these issues:

Former Supreme Court Justice Phil Talmadge, 206-574-6661
Attorney and senior member of the Bar, Lembhard Howell, 206-623-5296