_______________________________________________
SUBSTITUTE
SENATE CONCURRENT RESOLUTION 8406
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 02/09/1999.
Resolving
to determine whether or not the legislature should commence proceedings to
remove Judge Grant Anderson from office.
WHEREAS,
On January 8, 1993, Grant Anderson was sworn in as a judge for the Superior
Court of the State of Washington, Pierce County; and
WHEREAS,
In 1989, then attorney Anderson became personal representative for the estate
of Charles Hoffman, the assets of which estate included Pacific Lanes, Inc.,
owner of a Tacoma bowling alley; and
WHEREAS,
In 1889, the people of the Territory of Washington ratified the Constitution of
the State of Washington that established the judiciary as a separate branch of
government under Article IV, vested the judicial power of the state in the
Supreme Court and lower courts under Article IV, Section 1, and established an
independent and autonomous power of the legislature to remove a superior court
judge from office under Article IV, Section 9, or to impeach and remove a
superior court judge from office under Article V; and
WHEREAS,
In 1989, the voters of Washington adopted Article IV, Section 31 of the State
Constitution, establishing a Commission on Judicial Conduct to investigate
alleged violations of rules of judicial conduct and to recommend disciplinary
action to the State Supreme Court; and
WHEREAS,
The Commission on Judicial Conduct concluded under a clear, cogent, and
convincing evidence standard that Judge Anderson violated several Canons of the
Code of Judicial Conduct concerning his actions as personal representative by:
(1) Failing to remove himself as president of two corporations owned by the
Hoffman estate while he served as a judge; (2) accepting compensation from the
purchaser of an estate asset; and (3) failing to report such compensation to
the Public Disclosure Commission; and
WHEREAS,
On April 3, 1998, the Commission on Judicial Conduct ordered that Judge
Anderson be censured; and recommended that the Supreme Court suspend Judge
Anderson for four months without pay; and
WHEREAS,
This matter is on appeal to the Supreme Court; and
WHEREAS,
The Supreme Court heard oral arguments in the Anderson case on February 9,
1999, but has yet to render a decision; and
WHEREAS,
The Supreme Court has authority under Article IV, Section 1 and Article IV,
Section 31 of the State Constitution to adopt the Commission's recommendations,
to adopt other sanctions, or to remove Judge Anderson from office; and
WHEREAS,
Out of respect for the constitutional process for judicial discipline enacted
by the voters in 1989, and as a matter of comity, the legislature should
withhold its judgment to exercise its constitutional powers of removal until
the process established by the people has had a reasonable opportunity to run
its course;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of
Washington, the House of Representatives concurring, That the House and Senate
Committees on Judiciary, either individually or jointly at their discretion,
shall within two weeks of the release of the decision of the Supreme Court on
the Judge Anderson matter, or no later than December 10, 1999, schedule a
meeting of the committees to review the matter of Judge Anderson.
