Inquiries Concerning Alleged Judicial Misconduct by Senior Judge Alan A. McDonald

Seattle, Washington, February 24, 2000 – The Washington State Bar Association (WSBA) has received inquiries about news reports concerning alleged judicial misconduct by Senior Judge Alan A. McDonald, United States District Court, Eastern District of Washington. Among its purposes, the WSBA serves as a statewide voice to the public and the branches of government on matters relating to law and the justice system. The WSBA Mission includes:

• Promoting a strong, independent, diverse and fair judiciary;
• Fostering the highest standards of competence, ethics and professionalism in the legal profession so as to protect and enhance public trust and confidence in the legal profession, the courts, and the overall legal system; and
• Promoting access to, understanding of, and respect for, our legal system.

In response to inquiries from members, the public and the press, and consistent with its Mission, the WSBA issues the following public statement concerning published reports of judicial misconduct by Judge Alan McDonald:

The acknowledged statements about U.S. District Judge Alan A. McDonald involving the practice of writing notes about people appearing before the court, revealing apparent racial, ethnic and religious bias, goes to the very heart of the American judicial system. The system requires unequivocal faith that all who seek its justice will be treated with fairness and respect. In every judicial action the integrity of the judiciary, due process, and the institution itself, are at stake. To safeguard public trust and confidence in the courts, the Code of Conduct for United States Judges cautions judicial officers to avoid even the appearance of impropriety in all activities, including the discharge of adjudicative and administrative responsibilities. All judges are duty bound to be respectful of all who come before them and must refrain from comment or behavior that can reasonably be interpreted as manifesting bias toward another on the basis of personal characteristics like race, gender, religion or national origin.

Other allegations of misconduct are of a serious nature, including ordering changes in official court transcripts. If true, such conduct impugns the integrity of the court and undermines the public's trust and confidence in the justice system. None of the conduct alleged to have occurred is customary or reflects typical or routine behavior of judicial officers. To the contrary, the alleged acts and behavior are highly unusual and not representative of normal demeanor or conduct of our judges.

Because the alleged judicial misconduct strikes at the very core of the public's trust and confidence in the impartiality and integrity of our courts, the WSBA acknowledges the importance of the recent action taken by the United States District Court for the Eastern District of Washington in referring this matter to the Ninth Circuit Judicial Council to investigate and deal with the alleged misconduct of Judge McDonald. The WSBA urges the Ninth Circuit Judicial Council to conduct a full, fair and expeditious investigation, and to inform the public of the results of the Council's investigation and action so as to address the public's concerns, and protect and preserve the public trust and confidence in the institution of the courts.

The Washington State Bar Association is a non-profit organization authorized by the Washington State Supreme Court to license the state's 25,000 lawyers. The WSBA also administers the bar exam, provides continuing legal education for attorneys, and carries out disciplinary functions, in addition to numerous educational and member-service activities. The mission of the WSBA is to promote justice and serve its members and the public.