Wash. Commi. Jud. Cond. R. Proce. 6

As amended through November 7, 2024

Rule 6 - Discipline

(a)Grounds Any conduct that violates the Code of Judicial Conduct is grounds for discipline that shall be issued or administered in open session.

(b)Discipline The commission shall have the authority to:

(1) Admonish;

(2) Reprimand;

(3) Censure;

(4) Censure and recommend to the supreme court the suspension of the respondent with or without pay;

(5) Censure and recommend to the supreme court the removal of the respondent from judicial office; and

(6) Impose any other sanction the commission is authorized to administer. The vote of any member of the commission to impose a particular disciplinary action shall be deemed an assent to impose all lesser disciplinary actions.

(c)Mitigating/aggravating factors.^{note 1} Whenever the commission finds grounds for discipline, it shall consider the following nonexclusive factors in determining the appropriate discipline to be ordered:

(1) Characteristics of Misconduct.

(A) Whether the misconduct is an isolated instance or evidence of a pattern of conduct;

(B) The nature, extent, and frequency of occurrence of the acts of misconduct;

(C) Whether the misconduct occurred in or out of the courtroom;

(D) Whether the misconduct occurred in the judge's official capacity or in the judge's private life;

(E) Whether the judge flagrantly and intentionally violated the oath of office;

(F) The nature and extent to which the acts of misconduct have been injurious to other persons;

(G) The extent to which the judge exploited the judge's official capacity to satisfy personal desires; and

(H) The effect the misconduct has upon the integrity of and respect for the judiciary.

(2) Service and Demeanor of the Judge.

(A) Whether the judge has acknowledged or recognized that the acts occurred;

(B) Whether the judge has evidenced an effort to change or modify the conduct;

(C) The judge's length of service in a judicial capacity;

(D) Whether there has been prior disciplinary action concerning the judge;

(E) Whether the judge cooperated with the commission investigation and proceeding; and

(F) The judge's compliance with an opinion by the ethics advisory committee shall be considered by the commission as evidence of good faith.

(d)Sanctions. The sanction imposed by the commission shall be appropriate to the level of culpability. A sanction shall be sufficient to restore and maintain the dignity and honor of the position and to protect the public by assuring that the judge will refrain from acts of misconduct in the future.

(e)Required appearance. The judge shall personally appear before the commission to receive an order imposing a reprimand or a censure.

Wash. Commi. Jud. Cond. R. Proce. 6