Facts: Judith Eiler, judge of the District Court for King County, was charged by the Washington State Commission on Judicial Conduct with violating Canons 1, 2(A), 2(B), 3(A)(3), and 3(A)(4) of the Code of Judicial Conduct as a result of a pattern of rude, intimidating, demeaning, and condescending behavior in the courtroom. Following a hearing, the Washington State Commission on Judicial Conduct found that while Eiler had not violated Canon 2(B), she had violated Canons 1, 2(A), 3(A)(3), and 3(A)(4), censured her, and suspended her for 90 days without pay. Eiler appealed the Commission’s decision to the Supreme Court of Washington.

Question(s): Did Eiler’s behavior violate Canons 1, 2(A), 3(A)(3), and 3(A)(4) of the Code of Judicial Conduct?

If so, what is the appropriate sanction?

Conclusion: Justice James M. Johnson’s opinion for the Court ruled that while Judge Eiler’s had violated Canon 3(A)(3), which requires that judges be patient, dignified, and courteous to litigants, jurors, witnesses, and attorneys, she had not violated Canons 1, 2(A), and 3(A)(4) insofar as while her behavior was unprofessional, it had not undermined the integrity or independence of the judiciary as there was no evidence of prejudice, partiality, or bias. Thus, the Court reduced the sanction imposed to censure and suspension for five days without pay.

Docket No. 200,701-5

Petitioner: Judith Eiler

(Counsel: Anne Melani Bremner)

Respondent: Washington State Commission on Judicial Conduct

(Counsel: J. Reiko Callner and William Harrison Walsh)

Briefs:

Argument: Thursday, January 14, 2010 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, August 5th, 2010

Prevailing Party: Judith Eiler (Petitioner)

Vote: 5-4

Citation: Pending

Court: Madsen1 Court (2010-)

Madsen

Johnson

Alexander
(Dissent)

Sanders
(Concurs)

Chambers

Quinn-Brintnall
(Pro Tem)

Fairhurst

Johnson
(Majority)

Stephens