Should Washington Judges Answer For Criminals They Release?
It's no secret that much of America doesn't agree with the judiciary. There is always a decision being handed down that makes some group irate. From U.S. Supreme Court (SCOTUS) rulings like Citizen's United in 2010 and Dobbs v Jackson in 2022 to federal appellate court decisions that seem 'political' in nature, we continue to have angst with judges.
Those cases though are civil in nature not criminal. Those decisions can impede or grant the ability to do something under law, but they don't determine criminal actions. What should really be getting our attention is when judges in criminal matters make decisions that hurt members of the community.
A 23 year-old refugee from Ukraine was senselessly murdered on a light rail train in North Carolina on August 22nd. Surveillance video from the Charlotte Area Transit System (released over the weekend) showed the woman, who just escaped a war-torn country, never see her attacker as he brought a knife down upon her again and again.
We've seen similar violent instances happen in Washington State time and again. In 2019, King County Superior Court Judge Nicole Gaines Phelps sentenced a man to time served (which was nine months) for twice raping a disabled woman in her apartment. The judge didn't see a need for probation or community release for the violent offender.
Two days later he violently attacked the woman again. This time strangling her and threatening to kill her. The victim (and her 3 year-old son) were moved by law enforcement out of her own home to keep her safe. Maybe it was because they didn't know if the judge would simply release the man again.
Then there was the case (again in King County) where a 19 year-old chased down a 65 year-old veteran from behind and beat him before stabbing him to death. The day after his arrest, the teen was released by Judge Michele Gehlsen on $50,000 bail, which means $5,000 needs to be posted, and no electronic monitoring. Those associated with the case were stunned, as prosecutors requested bail set at $2 million.
Prosecutors acted quickly to file an emergency motion to increase the teen's bail amount back to $2 million after they introduced surveillance video from the scene. Bail was increased, but only to $500,000 instead of the full $2 million. The case is still playing out.
Then you have King County Judge Johanna Bender (noticing a theme here). Bender reduced the bail for a drunk driver who hit a man in a crosswalk. The man died, the driver fled the scene with reports saying he never stopped the car. Bail was initially set at $100,000, she reduced it to $10,000. The driver walked after posting $1,000 in bail. He also didn't appear for his scheduled court date.
Bender and the Renton Police Department have clashed a few times over their desire to keep violent criminals off the streets and her decisions from the bench. She also let an accused rapist walk with just an ankle monitor. That monitor was cut off and the rapist has yet to be taken back into custody. But hey...at least she empathizes with the victims. These are just a few of the cases that have drawn the ire of communities.
So What Can Be Done About Judges Who HInder Public Safety?
A report was released in 2022 showing that a majority of crimes in King County were committed by the same people who were continually released. Article IV of the Washington State Constitution specifically protects judges from recall by voters (even though they are elected by voters) and stipulates the only means of removal is through a vote of Legislature.
Considering the makeup of the Legislature, hell will be the coldest place in the universe before that happens. Even if you take the politics out of it, it is still impossible because it would take 75% of lawmakers in both chambers to agree. No judge has ever been removed in State history. There is a second avenue...
The Legislature created the Commission on Judicial Conduct in 1980. If that sounds familiar, it's because Benton-Franklin Superior Court Judge Sam Swanberg was found to have violated the Code of Judicial Conduct and was recommended for removal and barred from seeking judicial office again. That was for actions off of the bench, not decisions made on it. Only three judges have been removed, all for personal behavior.
Judges have zero fear of being removed from office, or held accountable, for the decisions they make behind the bench. A portion of that decision making ability has been provided by changes in public safety law made by the Legislature, including going outside of the sentencing guidelines.
To increase that sour taste in your mouth, King County Judge Veronica Galvin released an armed robbery suspect before he allegedly went on to disembowel a teenager. What makes this even more disturbing than the crime is that Galvin is also on the State Sentencing Guidelines Commission. So she is part of the group deciding how long someone should pay for their crime.
Maybe an Initiative run by Let's Go Washington to the legislature establishing a law where judges can at least be held financially responsible, if not criminally (which would be preferred), for their sentences (or lack thereof) that directly results in the harm or loss of life to another person or property. Could that get their attention and make them think twice before releasing rapists to time served or violent criminals on ankle monitoring. Then again...maybe it won't.