Tomorrow's opinions
The Supreme Court will issue rulings in two cases tomorrow.
Sanders v. State, No. 80393-5 (case briefs and argument). It’s not often that a seated Supreme Court justice has his own case before the court, but tomorrow the court will rule in a case brought by Justice Richard Sanders. The question here is whether the State has a duty to defend a judge in disciplinary proceedings.
On January 27, 2003, Justice Sanders visited the Special Commitment Center (SCC) on McNeil Island. Following that visit, a complaint was filed with the Commission on Judicial Conduct alleging that Justice Sanders had had contact with SCC residents who had cases pending before the Washington State Supreme Court. The Commission investigated the complaint and in 2005 held that Justice Sanders had violated Canons 1 and 2(A) of the Code of Judicial Conduct. (The state Supreme Court eventually upheld this ruling. In re Disciplinary Proceeding Against Sanders, 159 Wash.2d 517 (2006).)
During the Commission investigation, Justice Sanders asked the attorney general to provide him with a defense at public expense, citing RCW 43.10.030 and .040, which charges the attorney general with the duty to defend state officers in their official capacity. The attorney general declined. Justice Sanders sued, and a superior court judge dismissed the action. On appeal, the Court of Appeals held that the attorney general acted within its discretion.
This case was heard by an panel of pro tem justices.
Chadwick Farms Owners Association v. FHC, LLC, No. 80450-8 and Emily Lane Homeowners Ass’n v. Colonial Dev., LLC, No. 80459-1 (consolidated). The question addressed in these cases is whether limited liability companies can continue to sue and to be sued after they are cancelled in accordance with the Washington Limited Liability Companies Act. (case briefs and argument)
Time for Justice Sanders to go. WAY past time,. in fact. He, his questionable judgment, and his superlative ego all need retirement. He was not ever really a lawyer of any note, anyway. Shame he's monopolized a position of such importance to the law and the people of this state for this long. Time to go.