8406-S AMH JUDI AMH-13

SSCR 8406 - H COMM AMD

By Committee on Judiciary

                                        ADOPTED AS AMENDED 4/16/99

    Beginning on page 1, line 1, strike all material through "resolution." on page 2, line 6, and insert the following:

    "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."

                            --- END ---