Summary
The Washington Supreme Court reviewed disciplinary proceedings against King County District Court Judge Judith R. Eiler arising from repeated rude, impatient, and demeaning courtroom conduct. The court held that clear, cogent, and convincing evidence established a violation of Canon 3(A)(3) of the Code of Judicial Conduct, but not Canons 1, 2(A), 2(B), or 3(A)(4). It affirmed censure and imposed a five-day unpaid suspension, rejecting the Commission's recommended 90-day suspension.
Holdings
- Judge Eiler's repeated rude, impatient, demeaning, and undignified treatment of litigants and attorneys violated Canon 3(A)(3), which requires judges to be patient, dignified, and courteous in their official dealings.
- The evidence did not clearly, cogently, and convincingly establish that Judge Eiler changed a litigant's disposition to advance her own private interests or avoid discipline; therefore, she did not violate Canon 2(B).
- Judge Eiler's rude and discourteous behavior did not establish violations of Canon 1, Canon 2(A), or Canon 3(A)(4).
- Censure together with a five-day suspension without pay was the appropriate sanction for Judge Eiler's repeated violation of Canon 3(A)(3).
Questions Presented
- Whether clear, cogent, and convincing evidence established that Judge Eiler violated Canons 1, 2(A), 2(B), 3(A)(3), and 3(A)(4) of the Washington Code of Judicial Conduct.
- What sanction was appropriate for the proven misconduct, including whether suspension, censure, reprimand, or removal was warranted.
Disposition
other
Cases Cited (17)
- In re Disciplinary Proceeding Against Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987)(followed)
- In re Disciplinary Proceeding Against Anderson, 138 Wash. 2d 830, 981 P.2d 426 (1999)(followed)
- In re Disciplinary Proceeding Against Ritchie, 123 Wash. 2d 725, 870 P.2d 967 (1994)(followed)
- In re Kneifl, 217 Neb. 472, 351 N.W.2d 693 (1984)(followed)
- In re Disciplinary Proceeding Against Sanders, 135 Wash. 2d 175, 955 P.2d 369 (1998)(distinguished)
- In re Walsh, 356 S.C. 97, 587 S.E.2d 356 (2003)(followed)
- Dodds v. Commission on Judicial Performance, 12 Cal. 4th 163, 906 P.2d 1260, 48 Cal. Rptr. 2d 106 (1995)(followed)
- In re Schapiro, 845 So. 2d 170 (Fla. 2003)(followed)
- Ex parte Haymans, 767 So. 2d 1173 (Fla. 2000)(followed)
- In re Wood, 720 So. 2d 506 (Fla. 1998)(followed)
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