Supplemental Information Page to "The Culture of Shielding Judicial Colleagues."
    by Doug Schafer, 2004 Candidate for Washington State Supreme Court

    On Self-Policing of the Legal Profession.  Lawyers and judges should be required, under the threat of real sanctions, to report to appropriate authorities all significant evidence of lawyer or judge misconduct.  Most states do have mandatory reporting, but the Washington supreme court in 1985 rejected the mandatory reporting provision (in Rule 8.3) when it adopted its customized (to favor lawyers' interests over the public's interests) version of the American Bar Association's 1983 Model Rules of Professional Conduct. Voluntarily reporting a peer's misconduct now is a "no win" situation, for it nearly always profoundly harms the reporting professional's standing and career. I believe that a lawyer or judge who fails to report evidence of another's misconduct should face the same sanctions that the misbehaving lawyer or judge faces based upon the seriousness of the misconduct that was committed by the one and concealed by the other.

    Illinois lawyer disciplinary authorities recognized the need to impose and enforce mandatory peer reporting after FBI Operation Greylord and another investigation in Chicago in the 1980's resulted in over 100 criminal convictions of judges (19 convicted), lawyers, and court employees. After Operation Greylord, a special commission tasked by the Illinois Supreme Court to analyze the corrupt judicial system, chaired by lawyer Jerold S. Solovy (Chairman of Chicago law firm Jenner & Block), in late 1988 recommended 195 changes in the system.  An editorial on January 16, 1989, in The National Law Journal titled "Conspiracy of Silence" praised that commission's efforts to improve the Cook County judicial system, and noted that the key reason corruption flourished was the unwillingness of lawyers and judges for years and years to report it, stating:
     

      "[T]here is one unsettling aspect of the Greylord investigation from which other judicial systems can learn. One of the key reasons corruption was able to grow and prosper in the city, according to Mr. Solovy, was a "conspiracy of silence" -- the unwillingness of judges and lawyers alike to report wrongdoing.

      "Lawers and judges are accountable for many of the actions of their peers. Those who report corruption in the system should not be described in derogatory terms such as "whistle-blower." Instead, as Mr. Solovy noted, "It is the highest tenet of a lawyer's professional responsibility to report wrongdoing."


    On the Washington Judiciary's 1970s Culture:  Seattle Times, 9/23/88, p.A7, Letter by Ken Billington, former chair of Citizens Committee on Washington Courts, titled: "Judge Little -- In 1970s, State Judges Killed Needed Safeguards."  [ISSN: 077459696]

    The Judge Gary Little Case (the shielded pedophile).

  • David Gering, "The Judge's Dark Secret; Judicial Conduct," 75 ABA Journal (May 1989, Pg. 78.)
  • Jay Mathews, "Social Watchdogs Shielded a Judge’s Troubling Secret," The Washington Post, October 30, 1988.
  • Leslie Brown, "Seattle's Press and the Case of the Judge Who Killed Himself," Columbia Journalism Review, Jan-Feb 1989 v27 n5 p31 [Infotrac Article A6977214]
  • Tom Montgomery, "Towards Greater Openness in Judicial Conduct Commission Proceedings: Temporary Confidentiality as an Alternative to Inviolate Confidentiality," 64 Wash. L. Rev. 955 (1989)
  • Duff Wilson, "An Echo Emerges From Judge's Past: 5 men tell of Little's sexual pressure on them as teen-agers," Seattle P-I, 8/19/88.
  • Duff Wilson, "An Echo Emerges From Judge's Past: Little case raises questions about disciplining judges," Seattle P-I, 8/19/88.
  • Peyton Whitely, Peter Lewis, and Eric Nalder, "Judge Little Kills Himself," Seattle Times, 8/19/88.
  • Eric Nalder, "Judge's Story Had Been Simmering For Decades," Seattle Times, 8/19/88.
  • O. Casey Corr, "Friends & Peers Admired Judge: The didn't believe or pursue rumors about his 'dark side,'" Seattle P-I, 8/20/88.
  • Julie Emery, Eric Nalder, and others, "Eulogy, Scandal Swirl After Little," Seattle Times, 8/20/88
  • [reporter unknown], "The Gary Little Case -- Covering Up Cases of Judicial Misconduct," Seattle Times, 8/21/88.
  • Carol Ostrom and Richard Seven, "600 Say Goodbuy to Judge Little," Seattle Times, 8/24/88.
  • O. Casey Corr, "Little Is Remembered as a 'First Class' Person at Cathedral Memorial Service," Seattle P-I, 8/24/88.
  • Peter Lewis and Eric Nadler, "Little Was Removed Twice From the Bench -- He Was Reinstated to Juvenile Court in '82 With Panel's Approval, Judge Says," Seattle Times, 9/8/88.
  • Eric Nalder and Peter Lewis, "Little Was Cautioned Repeatedly, Files Show -- Officials, Attorney Found Judge's Out-of-Court Contacts With Juvenile Boys Disturbing," Seattle Times, 9/16/88.
  • [scores of other Western Wash. newspaper and wire service articles from 8/19/88 through 1989.]
    The Judge Jim Bates Case (the dishonest and obscene sexual harasser).
  • David Postman,  "Women Say Judge Bates Was Lewd -- Other Judges `Took Matter Seriously,' Head of Court Says," Seattle Times, 10/27/98.
  • David Postman, "Judge Admits He Was Warned -- Bates Had Denied Hearing Complaints About Lewd Remarks,"  Seattle Times, 10/28/98.
  • Steve Miletich, "Judge Bates Shrugs off Women's Allegations High Court Candidate Concedes ‘Mistakes’," Seattle Post-Intelligencer, 10/29/98.
  • Steve Miletich and Neil Modie, "Bates Denies Phone Call, Autopsy Photo Allegations," Seattle P-I, 10/29/98.
  • Jim Brunner, "Judge agrees to penalties -- Bates' behavior with employees at issue," Seattle Times, 2/5/2000.
  • Editorial, "Voters are the final judges," The News Tribune, 2/8/00.
  • Commission on Judicial Conduct, "Stipulation and Order of Censure -- Recommendation of Suspension," filed 2/4/2000.
  • Letter of 2/10/2000 and e-mail of 2/21/2000 to State Supreme Court by Doug Schafer, with most attachments.
    The Judge Faith Ireland Case (her secret friend and mentor, the impartial arbitrator).
  • Excerpts from Seattle Times 10/25/98 editorial and 10/29/98 article, and from Wash. Appellate Reports and Wash. Supreme Court Reports.
  • Statement of Facts from State Farm's Petition for Review to State Supreme Court, by Wm. Hickman.
  • Excerpt from State Farm's Motion for Reconsideration to Court of Appeals by Thomas A. Brown.
  • Ruling by Grays Harbor Superior Court Judge vacating arbitration award for breach of duty by Ireland and her arbitrator-lawyer friend, John R. "Jack" Lewis, for not disclosing their 20-year social and professional relationship. In an article in the Seattle Business Journal (week of 11-8-2004), Ireland recognized her mother and Jack Lewis as "her important early mentors." 
  • Three different versions of just how King County Superior Court Judge Enyeart-Ireland came to be examined by Spokane orthopedist Dr.Shanewise.
    The Judge Art Verharen Case (the sheltered nonresident).
  • State ex rel Quick-Ruben v. Verharen, 136 Wn.2d 888 (1998).
  • Footnote 10 of the Court's ruling notes Quick-Ruben's assertion that "Verharen cosigned a refinancing agreement on his wife's Kitsap County home and filed certain documents with the Public Disclosure Commission indicating the Kitsap County house was his home."  The Court then notes Verharen's assertions about his own residence:
      "In May 1990, he bought a 37-foot sloop ... and has lived there ever since. ... He pays a monthly live-aboard fee at the Tacoma Yacht Club where the boat is moored. Although in August 1992 Verharen married Judge Karen Conoley, who resides in Kitsap County, both have maintained their separate residences. Verharen spends two nights a week at his boat, two nights at his wife's house and splits the weekends between the two."
  • In re Jones, 978 S.W.2d 648 (Tex.App.1998) and Scolaro v. State ex rel. Jones, 1 S.W.3d 749 (Tex.App.1999)
  • Note: Doug Schafer shared an office suite from about 1993 to 1996 with Steve Quick-Ruben and other lawyers, but did not participate in Steve's case against Verharen or any of his other cases.
  • The Justice Richard Sanders Case #1 (I can be fair, if not ethical. ).[all links are to PDF docs]
  • Doug Schafer's Motion For Ruling on Issues of Disqualification filed 2/1/2002 asserting Sanders should recuse due to his attorney-client relationship with Bulmer, among other things.
  • Bulmer's 4/19/99 letter to State Bar confirming his representation of Sanders.
  • Order of 5/4/99 by State Supreme Court (Sanders not recusing as Alexander, Johnson, and Talmadge did) approving Anderson's Stipulation with State Bar for 2-Year Suspension.
  • Supreme Court Clerk's letter of 2/11/02 reporting recusal of Sanders and Alexander.
  • Supreme Court Docket for 2/12/02 1:30pm oral argument by Kurt Bulmer in Matter of Stephen T. Carmick, Attorney at Law.
  • Justice Sanders' copy of Carmick's Brief showing Bulmer as his attorney on the cover and the last page.
  • Schafer's 2/12/02 e-mail to Chief Justice requesting access to the note given Justice Sanders during oral argument.
  • Note that J. Sanders gave to C.J. Alexander during Carmick case oral argument, with Alexander's reply to it.  (I discovered this note stapled to the copy of my 2/12/02 e-mail to the Chief, with clerk Merritt's reply, slipped within the pages of Sanders' copy of Carmick's brief on the shelves of the Pierce County Law Library on 8/4/2004.)
    The Chief Justice Alexander Case (That's what friends are for.).
  • An audio file of the ineffective waiver "on the record" that followed the recess after the Carmick case, recorded as part of the State v. Westling case, may be listened to on-line from the website of TVW, directly, by clicking here. For the 42-minute Carmick case audio file, click here.
    The Justice Richard Sanders Case #2 (Will the real friend-of-the-court please rise.)
  • Doug Schafer's letter of 4/10/02 to the U.S. Supreme Court Clerk and disciplinary officials on the apparently fraudulent amici brief.
  • Doug Schafer's e-mail reports to judicial disciplinary officials.
  • Doug Schafer's e-mail to TVW host Denny Heck suggesting topics for Sanders' interview.
  • Doug Schafer's e-mail exchanges with Sanders seeking name of the ghost-writer law professor.
  • U.S. Supreme Court Rule 37, downloaded from the Court's website's rules page.
  • Cover and pgs. 1 & 2 of Sanders-Clifford Amici Brief; Cover of Petitioner of Petitioner's Brief.
  • Full text of Sanders-Clifford-"?" Amici Brief (it is worth reading!) posted with others at Findlaw.com.
  • Home page of The Federalist Society;  A political opponent's view of that society, and another's.
  • Doug suggests a new political party called the "Integrity Party," that roots out dishonesty in government -- in each of the three branches, and at every level from local to national.
  • The Judge John Schultheis Case (Do I have to tell?).
  • Doug Schafer's 2/26/98 letter to CJC objecting to the Schultheis-Bulmer relationship [PDF format].
  • Doug Schafer's 3/16/98 letter to Court of Appeals seeking new CJC representative [PDF].
    The Court Commissioner Don Meath Case (the quick-acting sealant).
  • Doug Schafer's Motion to Unseal Court Record (GR 15) to Court of Appeals, 3/12/99 [PDF format].
  • Doug Schafer's Memo to Legislative Leaders on Judicial "Clubbish" Protectionism. 3/17/99. [PDF].
    The Judge Frank Cuthbertson Case (Oh, that criminal record.).
  • Karen Hucks, "Judge's 22-year-old arrest surfaces in Pierce race," The News Tribune, 10/25/01.
  • Scanned image of N.Carolina Court record of conviction, as posted on website of supporter of opponent.
  • Judge Cuthbertson's election endorsements by nearly everybody important in judicial/legal circles.
  • 1998 Kentucky Supreme Court's suspension of lawyer who hid his criminal record on bar application.
  • Schafer's e-mail of 5/17/02 to Journalists and Law Profession Disciplinary Officials.
  • Schafer's e-mail of 5/24/02 to Journalists and Law Profession Disciplinary Officials.
  • Schafer's e-mail of 6/25/02 to Journalists and Law Profession Disciplinary Officials.
    The Justice Charles W. Johnson Case (We make the Rules; we break the Rules.).
  • Seattle Times on-line voters' guide printing Justice Johnson's views on the Pledge Case.
  • ABA Model Code of Judicial Conduct canon 3(B)(9) requiring that jurists abstain from public comment about cases pending in any court.
  • Washington State Supreme Court's adopted Code of Judicial Conduct canon 3(A)(7) requiring that jurists abstain from public comment about cases pending in any court.
  • Schafer's 9/9/02 report to the Washington State Commission on Judicial Conduct of Johnson's and other jurists' public comments about the pending Pledge Case.
    The Justice Bobbe J. Bridge Case (I'll have three for the road.).
  • A collection of Internet-posted news stories on Justice Bridge's public drunken driving spree.
  • The witness statements and narratives from Bridge's police investigation report.
  • Bridge's citations for Driving Under the Influence of alcohol and for Hit & Run.
  • Bridge's Collision Report from the police investigation report.
  • Bridge's Alcohol / Drug Influence Report from the police investigation report.
  • Bridge's Petition for Deferred Prosecution, in which she certified (paragraph 1) that "the wrongful conduct charged is the result of situational alcohol abuse caused by mental health issues of anxiety and depression for which I need treatment and, unless treated, the probability of future reoccurrence is great."
  • Seattle Municipal Court Criminal Complaint against Justice Bridge for DUI and Hit & Run.
  • Seattle Municipal Court's Findings of Fact, Conclusions of Law, and Order of Deferred Prosecution.
  • Seattle Times article reporting Bridge's deferred prosecution and the dropping of the Hit & Run charge.
  • Justice Bridge's declared highest personal value -- Honesty. (Seattle Times, 10/18/2002).
  • Bridge's Commission on Judicial Conduct Stiplated Order of Reprimand (8/15/2003).