OLYMPIA - King County Superior Court Judge Jim Bates has agreed to a censure and a 30-day unpaid suspension for lewd conduct toward female employees, the Commission on Judicial Conduct announced yesterday.

By signing the agreement, Bates admits his conduct toward female workers violated judicial ethics but avoids a formal hearing before the 11-member judicial commission. The commission can recommend punishments for judicial wrongdoing ranging from censure to removal from office.

In any case, Bates' suspension will not begin unless the agreement is accepted by the state Supreme Court, which can reject it, [David] Akana said. Under the agreement, Bates also must undergo 16 hours of sensitivity training and agree to "act and speak at all times in a careful and judicious way," according to the censure agreement.

OLYMPIA - King County Superior Court Judge Jim Bates has agreed to a censure and a 30-day unpaid suspension for lewd conduct toward female employees, the Commission on Judicial Conduct announced yesterday.

By signing the agreement, Bates admits his conduct toward female workers violated judicial ethics but avoids a formal hearing before the 11-member judicial commission. The commission can recommend punishments for judicial wrongdoing ranging from censure to removal from office.

The Seattle Times reported in October 1998 allegations by former court employees that Bates made sexual comments about autopsy photographs of female homicide victims, and that the judge had made obscene phone calls to female employees. A complaint to the judicial commission was lodged that month.

The agreement announced yesterday is unusual because the commission has never before recommended a judicial suspension prior to a formal hearing, said David Akana, commission spokesman. The commission noted some witnesses would "unwillingly be drawn into a hurtful situation" if a hearing were conducted.

In any case, Bates' suspension will not begin unless the agreement is accepted by the state Supreme Court, which can reject it, Akana said. Under the agreement, Bates also must undergo 16 hours of sensitivity training and agree to "act and speak at all times in a careful and judicious way," according to the censure agreement.

The agreement refers to three unidentified women, all of whom said they would testify to specific incidents.

In a written statement released to the media yesterday, Bates said: "When I was first appointed to the bench in 1981, standards of office conduct were different than they are today. Since that time, social acceptance of casual supervisor/staff relationships and some types of humor have given way to a heightened sensitivity in all professional fields."

An attorney for one of the women who complained of the judge's behavior said that comment shows he still isn't taking full responsibility for his actions.

"My gosh, when would it have been OK to make sexual comments about autopsy photographs? I can't imagine that type of behavior was ever acceptable," said Suzanne Thomas.

Thomas said her client, nonetheless, was generally pleased by the agreement.

Thomas' client, who was not identified, was prepared to testify that she lived with Bates for six years in the mid-1980s and had a sexual relationship with him while he was her supervisor, according to the written agreement released yesterday. While it began as a consensual relationship, the woman alleged Bates threatened to fire her if she broke up with him.

Bates said the relationship was consensual but admitted it gave rise to the "appearance of impropriety," according to the order.

Bates said he didn't want to force a hearing before the Judicial Conduct Commission because the allegations against him concerned statements "allegedly made so many years ago it made it very difficult to respond."

"In the ensuing years I married, became father to two beautiful children, and continued to do my job to the best of my ability, never realizing there had been a problem," Bates said in his statement.

He did not return phone calls seeking comments beyond his written statement.

Gov. Dixy Lee Ray appointed Bates to the King County Superior Court in 1980, and he has won re-election campaigns ever since.

The allegations against him surfaced in the fall of 1998 as he was running for the state Supreme Court against Justice Barbara Madsen, who won handily. Bates at first denied knowing anyone had complained about his behavior but later admitted he was notified by another judge of the complaints.

One of the employees recalled the judge's behavior in great detail in 1998. For example, she said, Bates allegedly asked her in 1991 to come to his chambers to look at autopsy photos of a woman who had been stabbed more than 100 times.

She also recalled another phone call from Bates that she received while she was in a conference in a courtroom, in which she alleged he talked about performing a sex act on her.

In his prepared statement, Bates said he takes his "judicial responsibilities very seriously" and that his record in the past 10 years shows he learned his lesson "long before these charges were brought."

-- Statement by Jim Bates Statement of Judge Jim Bates to Stipulation of Order of Censure & Recommendation of Suspension:

"This statement is written in response to the stipulation before the Commission on Judicial Conduct, to which I agreed as a result of a complaint filed on October 9, 1998.

These allegations concern office and personal relationships that existed nine to nineteen years ago. When I was first appointed to the Bench in 1981, standards of office conduct were different than they are today. Since that time, social acceptance of casual supervisor/ staff relationships and some types of humor have given way to a heightened sensitivity in all professional fields.

The fact that this complaint concerns statements allegedly made so many years ago made it very difficult for me to respond. As noted by the Commission in the Stipulation, the events happened long ago; and forcing the matter to a hearing would undoubtedly lead to the re- opening of wounds of uninvolved persons, even to prove allegations false. Significantly, the Commission recognized the fact that I have had a long term of service without any prior disciplinary actions, and no other employees have since made allegations throughout the years since these allegations arose. In the ensuing years I married, became father to two beautiful children, and continued to do my job to the best of my ability, never realizing there had been a problem. Again, as noted by the Commission, these allegations no way relate to my decisions or actions in court cases. I have worked nineteen years for the people of this state and done my best to be a hard-working, professional, and equitable Judge! . I take my judicial responsibilities very seriously. I am proud of my record as a Superior Court Judge and my high ratings by the Bar Association.

I realize that there must be a strong demarcation between a judge's personal life and his life in Court. My record over the past decade demonstrates that I learned this lesson long before these charges were brought. Nevertheless, I realize that we all need to periodically engage in self- examination, and these allegations have caused me to do so. I welcome the time for reflection. I believe it will make me a better Judge."

Credit: Seattle Times Olympia bureau