Subject: It's about the lies, Your Honor. Date: Tue, 25 Jun 2002 11:33:57 -0700 From: Doug Schafer <d_schafer@bigfoot.com> To: "Editor David Seago (TNT)" <david.seago@mail.tribnet.com>, "Editor David Zeeck, Tacoma News Tribune" <daz@p.tribnet.com>, TNT Publisher Betsy Brenner <brenner.betsy@m.tribnet.com>, patrick.ocallahan@mail.tribnet.com, cheryl.tucker@mail.tribnet.com, peter.bacho@mail.tribnet.com, "Akana, Dave" <dakana@cjc.state.wa.us>, "Bar ExDir Michels, M. Janice" <janm@wsba.org>, "Bar Gen. Counsel Bob Welden" <bobw@wsba.org>, "McLean, Joy (ChiefDiscipCounsel)" <jeanm@wsba.org>, "Bar ProfCnsl Althoff, Barrie" <barriea@wsba.org>, "Manning, Richard" <jmb@seanet.com>, "Carlisle, Dale" <carld@gth-law.com>, Bar Asst GC Julie Shankland <julies@wsba.org>, Chief Justice Alexander <j_g.alexander@courts.wa.gov>, "Ramerman, Judge Dale" <dale.ramerman@metrokc.gov>, "Dallaire, Gregory" <gdallaire@gsblaw.com>, "Sen. Kline, Adam" <kline_ad@leg.wa.gov>, "Rep. Lantz, Patricia" <lantz_pa@leg.wa.gov>, "Merritt, SupmCt Clerk C.J." <Jerry.Merritt@courts.wa.gov>, "Van Wagenen, Dick (OFM)" <dick.vanwagenen@ofm.wa.gov>, [plus dozens of other journalists] CC: "Cuthbertson, Frank, Judge" <SUPCRTDEPT21@co.pierce.wa.us> To any who care about judicial system integrity: Today is exactly eight (8) months since The News Tribune's publication of journalist Karen Huck's story (10/25/01) reporting Pierce County Superior Court Judge Frank Cuthbertson's admission that he had lied about his 1979 arrest and 1980 misdemeanor conviction when asked about his criminal history on his law school application (presumably 1989 or 1990), his Washington State Bar application (presumably 1993), and his judicial appointment applications to Governor Locke (one in 1999, another in 2000). And he directly lied to me the evening of 9/12/2001 when I, supporting his election, personally warned him that his opponent's supporters had discovered an Internet website that alleged his 1979 arrest. Below are two extracts from Huck's story reporting that Judge Cuthbertson then admitted his deceptions. In Judge Cuthbertson's November 2001 election to his appointed judicial post, he was endorsed by all 9 state supreme court justices, 3 local court of appeals judges, 22 local superior court judges and commissioners, many other elected officials, The News Tribune's editorial board, and even yours truly. Nonetheless, I submit that his admitted acts of deception require the meting out of appropriate professional discipline. Otherwise, the clear message to the public and to the legal profession is that knowing the right people lets one get away with lying. I had hoped a contrite Judge Cuthbertson, by now, would have stipulated with disciplinary officials tosuitable sanctions, but nothing has been announced as yet. I have seen no contrition. Instead, I see a judge openly getting away with dishonesty. The News Tribune published an article on 2/8/98 that began, "Two Pierce County jurors who prosecutors say lied about their criminal records soon may find themselves facing jury trials of their own." In Colorado, a trial court in 1996 cited a juror for contempt for having failed to disclose when asked during voir dire about any past experience with the justice system "the fact that, 11 years earlier, she had received a deferred judgment and sentence for possession of Lysergic Acid Diethylamide (LSD). Following entry of the judgment in that case, she had successfully completed two years probation and 40 hours of community service, after which the charges had been dismissed." The Colorado appeals court agreed that the juror should have disclosed her prior arrest and deferred judgement. People v. Kriho, 996 P.2d 158 (Colo. App. 1999). Judges are expected to demand honesty from jurors, witnesses, and lawyers in their courtrooms. And lawyers who respond dishonestly on their state bar admission applications generally are dealt with quite harshly by bar disciplinary authorities. In Judge Cuthbertson's case, the disciplinary matter is not about whatever caused his 1979 arrest, or his 1980 misdemeanor conviction, or his 12-month jail sentence that was suspended on the condition of five years good behavior that he satisfied in January 1985. The serious disciplinary matter is his pattern of lying about those events from about 1989 through 2001 because he thought that he would not get caught doing so. He thought the record of his arrest and conviction would not be found. But what motivates honesty? One's fear of getting caught, or one's conscience and character? And how should we describe our lawyer and judicial disciplinary systems that simply ignore obvious or admitted dishonesty whenever the offender is well-liked and well-connected. The term "corrupt" does come to mind. Corrupt former Pierce County Superior Court Judge Grant L. Anderson was well-liked and well-connected -- until our state supreme court finally removed him in 1999 for his pattern of dishonesty, three-and-a-half years after I exposed his obvious dishonesty to lawyer and judicial disciplinary officials (and to newspaper journalists). Doug Schafer, idealistic lawyer in Tacoma. [Extract #1 from 10/25/01 News Tribune story] Cuthbertson said he was not required to disclose the misdemeanor weapons charge because he believed it had been dismissed and wiped from his record after he completed a deferred prosecution agreement. Whether Cuthbertson's record is clean is a matter of debate. The only court record left - a single card in the state archives in Raleigh, N.C. - indicates Cuthbertson's misdemeanor remains, said Howard Neumann, assistant district attorney for Guilford County, which includes Greensboro. "It shows that on Jan. 4, 1980, this guy pled not guilty, and that he was found guilty," Neumann said, reading from the court document. "He was given a 12-month sentence, and that was suspended ... and he was ordered to pay court costs. They were never paid." An arrest order for Cuthbertson was issued in 1980. He said he never received it. Cuthbertson's sentence was suspended as long as he didn't commit another crime in the next five years. Neumann said that as far as he can tell from the paperwork, Cuthbertson never reoffended. Neumann said a suspended sentence is different from a deferred prosecution. With the latter, the charge is never prosecuted and eventually dismissed if the person stays out of trouble for a set time. If the charge were dismissed, the court record would include that fact. [end of Extract #1] [Extract #2 from 10/25/01 News Tribune story] Cuthbertson filled out three applications that included questions about criminal convictions, arrests or both.
[end of Extract #2] |