In a series of interviews with The Seattle Times over the past month, [Jim] Bates, who is running for the state Supreme Court, had denied knowing about a complaint by former criminal-case manager Jill Picchena that he had placed obscene phone calls to her from his courthouse office and had made sexual comments about autopsy photographs of a female homicide victim in 1991.

In September 1991, Picchena complained about Bates to then-Presiding Judge Charles Johnson and Deputy Presiding Judge Anne Ellington. In a statement released by the court Monday, current Presiding Judge Bobbe Bridge - saying she was speaking for the court and for Johnson, who is semiretired - said Johnson "took the matter seriously" and told Bates of the complaint.

In the earlier interviews, Bates said, "I never heard anything like this from anyone." In his written statement yesterday, - after The Times reported on the complaint and the meeting - Bates acknowledged that the meeting with Johnson took place, and appeared to confirm that he made comments about autopsy photos.

After saying for weeks that he had never acted inappropriately toward women in the courthouse and had never heard any complaints about his behavior, King County Superior Court Judge Jim Bates issued a statement yesterday acknowledging he was warned about "jokes in the workplace" in 1991 and apologizing if he offended anyone.

In a series of interviews with The Seattle Times over the past month, Bates, who is running for the state Supreme Court, had denied knowing about a complaint by former criminal-case manager Jill Picchena that he had placed obscene phone calls to her from his courthouse office and had made sexual comments about autopsy photographs of a female homicide victim in 1991.

In September 1991, Picchena complained about Bates to then-Presiding Judge Charles Johnson and Deputy Presiding Judge Anne Ellington. In a statement released by the court Monday, current Presiding Judge Bobbe Bridge - saying she was speaking for the court and for Johnson, who is semiretired - said Johnson "took the matter seriously" and told Bates of the complaint.

In the earlier interviews, Bates said, "I never heard anything like this from anyone." In his written statement yesterday, - after The Times reported on the complaint and the meeting - Bates acknowledged that the meeting with Johnson took place, and appeared to confirm that he made comments about autopsy photos.

"My only excuse for the conduct, which does not excuse it, is that I am human," he said. "As a judge, I deal with the worst society can produce. I see the most horrific photographs and work in an adversarial arena. The decisions I make daily affect the lives of the accused, the victims, the victims' families and the public. I know this, and it can create stress and tension. Sometimes to relieve tension, someone in chambers tells a joke or makes a crack that is inappropriate."

Elsewhere in his three-page statement, Bates said he didn't mean to offend anybody by his jokes.

"I will say that I believed at the time that the parties involved were also participating in the humor," he said. "I have learned that even in that situation I need to be a leader and to stop before someone is offended."

But Bates, who is challenging incumbent Justice Barbara Madsen, was not entirely conciliatory. He called yesterday's Times article an "eleventh-hour character assassination trying to affect the outcome of an election."

The Times had delayed publishing the article until the court confirmed existence of the complaint and of the meeting.

Bates said he believes Picchena was politically motivated, and that there is a connection between her and Madsen's campaign.Picchena, who acknowledged she knows Madsen's husband, Don, a criminal-defense attorney, said she has no connection to the campaign and that the Madsens had nothing to do with her going public with her story.

In coming forward, Picchena said she believes the state's voters deserve to know what she knows about Bates.

A second woman, who spoke through her attorney, also told The Times that Bates made sexual comments to her about autopsy photographs. The woman was Bates' bailiff and lived with him during a five-year relationship. She would not agree to be named.

Through attorney Suzanne Thomas, the woman said she entered Bates' chambers one day in 1986 and he was holding autopsy photographs of a woman who had been beaten to death. She said he made sexual comments about the photos, which were evidence in a murder trial over which he was presiding.

Bates said in yesterday's statement that he doesn't remember that incident.

In earlier interviews, Bates said that during his 18 years on the bench, he had never done anything that "gives me pause for concern," and denied knowing about Picchena's complaints. In yesterday's statement, though, he conceded he has known about the complaints for seven years.

"In 1991, I was advised by Presiding Judge Charles Johnson, in an informal manner, to be `careful with jokes in the work place.' I was not advised in detail of what was offensive, but I took the matter to heart. I apologized to the clerk and believed the matter was resolved 7 years ago."

Bates did not return telephone calls yesterday.

Bates has been a Superior Court judge since 1980. His Supreme Court candidacy got a boost before the Sept. 15 primary when Chief Justice Barbara Durham broke with tradition and endorsed her longtime friend Bates over fellow justice Madsen.

Yesterday, Durham declined, through an aide, to comment on the allegations against Bates.

Madsen said she believes the allegations are serious. She said she had heard concerns about Bates during the campaign from female lawyers, but chose to ignore them and focus on her own qualifications.

"People call you during a campaign and they say things about your opponent - it's pretty typical," Madsen said. "A candidate has a choice - the candidate can follow up on it. I chose not to."

She said she does not plan to make the allegations a campaign issue.

Bates said the allegations were a diversion from the real issues of the campaign, and compared The Times' coverage of Picchena's allegations to independent counsel Kenneth Starr's investigation of President Clinton.

"I believe the American voters are tired of this type of scandal politics," he said.

"While I am willing to admit to certain mistakes, I do not believe my conduct in any way has affected my abilities or qualifications for the state Supreme Court."

David Postman's phone message number is 360-943-9882. His e-mail address is: dpostman@seattletimes.com

Susan Byrnes' phone message number is 206-464-2189. Her e-mail address is: sbyrnes@seattletimes.com

Credit: SEATTLE TIMES STAFF REPORTERS