Constitutional Law

Ethics Inquiries Plague Washington Justice

Questions are swirling around a Washington Supreme Court ruling written by Justice Richard Sanders (below).

Some years ago, Sanders sued the state of Washington to turn over documents about an investigation into allegations that he had violated professional ethics. A trial court sided with Sanders, but only awarded him $18,112 for the state's improper refusal to turn over documents about the investigation. Both sides appealed the judgment.

With the appeal in Sanders's case ongoing, he drafted the state Supreme Court's recent opinion in the case of a businessman suing King County to obtain documents about the development of two Seattle stadiums. Writing for a plurality of the court, Sanders said that judges should consider 16 factors when deciding how much government agencies should have to pay for failing to follow the law.

Now Sanders is asking the appellate court hearing his case to consider those 16 factors and increase his damages award by over $600,000.

'You shouldn't act as a judge if you stand to benefit from your own ruling,' said Steven Lubet, professor of legal ethics at Northwestern University. And according to the Tacoma News Tribune, 'The latest ethical dispute involving state Supreme Court Justice Richard Sanders almost knocks the lid off the Groan Out Loud Meter.'

However, Sanders counters that has not acted improperly since he has promised to turn over any difference in damages awarded by the appellate court to his attorney. Sanders is up for re-election next year.

Full post as published by ACS Blog on March 11, 2009 (boomark / email).