RESOLUTION

WHEREAS, an independent judiciary is the cornerstone of our constitutional system and protection of the liberty of the people, and independent judges protect the due process rights of the people; and

WHEREAS, the judiciary and its officers of the legal profession can only succeed if the judicial process has public confidence; and

WHEREAS, public confidence can only be achieved if most people believe the judicial system is fair. This requires the judiciary and the legal profession to reflect the diversity of state and the nation. And, this is the reason why bar associations and other groups have initiated and supported diversity, equity and inclusion initiatives relating to the profession, access to justice and due process rights for all; and

WHEREAS, the Washington Supreme Court has confronted the issue of systemic racism in the legal system in its Open Letter to the Judiciary and Legal Community, wherein the Supreme Court called upon all components of the legal system to address the issue:

The legal community must recognize that we all bear responsibility for this on-going injustice, and that we are capable of taking steps to address it, if we only have the courage and the will. This call to action includes the Commission on Judicial Conduct (“CJC”), a component of the judicial branch of government and legal community; and

WHEREAS, public confidence in the judiciary also requires that judges act ethically and that there is enforcement of the ethical standards promulgated by the Washington Supreme Court, which is why we support the role and the work of the CJC; and

WHEREAS, in the aftermath of the CJC’s disciplinary prosecution of Judge David Keenan (unanimously reversed by the Washington Supreme Court upon de novo review) serious issues have been raised by leading members of the legal profession and minority communities (former Supreme Court justices, former presidents of the Washington State Bar Association and the King County Bar Association, judicial ethics experts and law professors, legal services leaders and providers, and a legislator) concerning the structure of the CJC which does not separate prosecution from adjudication, its charging practices, and its apparent resistance to judicial efforts to promote diversity in the legal profession as outlined in a letter of May 31, 2022 to the CJC;

NOW, THEREFORE, IT IS RESOLVED:

1. The King County Bar Association shares the concerns raised in the letter of May 31, 2022, and supports its recommendations; and
2. Requests the Governor, the person with responsibility to appoint the majority of the CJC members who are public members, to convene a Task Force of relevant stakeholders to review the structure, processes, and procedures of the CJC and make recommendations to appropriate entities to improve the functioning of the CJC so that it promotes public confidence in the judiciary. These include: (a) the CJC’s role in addressing the issues raised by the Supreme Court’s Open Letter, and (b) procedural reforms to the CJC via court rule, legislation or constitutional amendment if required to guarantee the judiciary of Washington is treated fairly and with customary due process rights, and promotes ethical judicial conduct and public confidence in our system of laws.