Judicial Discipline and Due Process in Washington State-In re Deming, 108 Wash. 2d, 736 P.2d 639 (1987)

• NCJ Number: 112459
• Journal: Washington Law Review Volume: 63 Issue: 3 Dated: (July 1988) Pages: 725-748
• Author(s): S Hobbs
• Date Published: 1988
• Length: 24 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article analyzes due process rights in judicial disciplinary proceedings and focuses on the conflict between the need to discipline judges who violate ethical or behavioral standards and the need to protect judicial autonomy.

Abstract

A recent judicial disciplinary case decided by the Supreme Court of Washington, raised three due process issues: the elements that constitute adequate notice and an opportunity to be heard, the concentration of investigatory, prosecutory,and adjudicatory powers in one institution violating the appearance of fairness doctrine, and the due process rights of a judge accused of misconduct. The court identified eleven procedural protections to which every judge charged by the commission is entitled by pointing to flaws in the re Deming opinion and suggesting that the courts should strive to develop a consistent set of procedural protections for judges. 122footnotes.