The Washington Attorney General’s Office recently charged a Pierce County Superior Court judge with two crimes, but the appointed members of a state commission could have the biggest impact on Michael Hecht’s future on the bench.
The state’s Commission on Judicial Conduct investigates allegations of misconduct by judges and metes out punishment. Aside from voters who put judges into office, the commission is the one entity with true power over the state’s judiciary.
Federal Way city officials found that out recently when they grappled with what to do about Municipal Court Judge Michael Morgan, whose volatile relations with other employees caused trouble.
The city attorney told his bosses they had no power to put Morgan on paid leave while they investigated his conduct. Only the state Supreme Court can do that – if it receives a recommendation from the judicial conduct commission.
Here’s a primer on the commission’s role and how the state handles complaints about judges:
What can be done in Washington to remove a judge from the bench?
Voters can oust him or her during the next scheduled election. The Supreme Court also has the power to remove a judge, under certain circumstances, before his or her term expires.
The state constitution allows the Legislature to remove a judge for “sufficient cause,” by a three-quarters vote by both houses. Reiko Callner, executive director of the judicial conduct commission, said recently the law does not spell out how that would take place, and she’s not sure it’s ever been tried.
Superior Court judges are not subject to recall by voters.
How can the Supreme Court invoke its authority to remove a judge?
The state constitution establishes a formal process for investigating and sanctioning judges.
The judicial conduct commission is charged with investigating claims of misconduct and issuing sanctions. Punishment can include a recommendation to the Supreme Court that a judge be suspended or removed from office.
The state’s high court has no authority to act against a judge without a recommendation from the commission, according to Wendy Ferrell, communications director for Washington state courts.
What’s the make-up of the commission?
By law, the commission comprises 11 members who serve four-year terms: Six non-lawyers, three judges and two attorneys. The governor appoints the non-lawyer members, the state Bar Association appoints the lawyers and the judges are appointed by their professional associations.
Pierce County Superior Court Judge John McCarthy is one of the judge members of the commission at the moment.
How does the commission operate?
It begins an inquiry when it receives a complaint, which can come from any person or organization that believes a judge has acted inappropriately, including from commission members.
Once a complaint comes in, commission investigators make “a prompt, discreet preliminary investigation and recommend to the commission whether to proceed to the second stage,” according to the commission’s Web site.
The second stage entails notifying the judge of the allegations against him or her and giving that person a chance to respond. After receiving the answer, the commission decides whether to issue a “statement of charges” against the judge.
If it does, the judge again is given the chance to respond before a fact-finding hearing is scheduled.
The commission then announces its decision. It can dismiss the charges or punish the judge by admonishment, reprimand or censure. It also can recommend to the Supreme Court that the judge be suspended or removed from office. The high court then would do its own review.
The judge has the right to appeal any decision to the Supreme Court.
What happens to a judge’s work status while he or she is under investigation by the commission?
Nothing. There is no provision in the law to allow the commission to suspend a judge during an investigation. A judge is temporarily suspended with pay only if the commission recommends to the Supreme Court that the judge be suspended or removed from the bench.
Is the commission investigating Judge Hecht?
That’s unclear. A supporter of former Judge Sergio Armijo, Ted Gonzalez, told The News Tribune late last year that he filed a complaint about Hecht with the commission and was told a case number was assigned to it.
The commission will not say whether it is investigating Hecht, who is to be arraigned this week on one count of felony harassment and one count of soliciting a prostitute. Hecht, through his attorney, has denied wrongdoing.
Why the secrecy?
According to state law, the process becomes public only when a “statement of charges” is issued against a judge.
“Confidentiality is intended to encourage complainants to express their concerns without fear of reprisal and to protect a judge’s reputation and the integrity of the judicial process from unsubstantiated allegations,” the commission reports on its Web site.
What do other states do about allegations of judicial misconduct?
All 50 states have some sort of judicial conduct commission to investigate misconduct complaints against judges, according to the American Judicature Society’s Center for Judicial Ethics.
As in Washington, most states keep initial proceedings confidential. In 34 states, the process becomes open to the public after the commission files formal charges.
Delaware and Hawaii maintain confidentiality until their states’ Supreme Courts issue an order that a judge be publicly disciplined.
How many judges are disciplined each year in Washington and the rest of the nation?
In 2008, Washington’s commission publicly disciplined four judges, including Pierce County Superior Court Judge Katherine Stolz and Federal Way Municipal Court Judges Colleen Hartl and Michael Morgan.
In 2007, the latest statistics available, 119 judges across the country were publicly sanctioned, according to the American Judicature Society.
Of those, nine were removed from office and six resigned or retired in lieu of discipline. The rest received lighter punishment, including suspensions or reprimands.
Adam Lynn: 253-597-8644
blogs.thenewstribune.com/crime
JOIN THE DISCUSSION | Register here
We welcome comments. Please keep them civil, short and to the point. ALL CAPS, spam, obscene, profane, abusive and off topic comments will be deleted. Repeat offenders will be blocked. Thanks for taking part — and abiding by these simple rules. A thorough explanation of rules of conduct can be found in our Terms of Service. If you have any questions, including why your comment may not be showing immediately after you submit it, be sure to visit the commenting FAQ.