News Release 2003-11
November 26, 2003
Gaylord Debates Unjust Criticism of Judges in Seattle
On November 21, 2003, Prosecutor Randall K. Gaylord debated a proposal regarding the role of the Washington State Bar Association in responding to unjust criticism of judges.
The debate occurred during the luncheon meeting of the Bench-Bar-Press Committee of Washington at the Washington Athletic Club in Seattle. This past summer, the Board of Governors for the Bar Association adopted a plan to respond to unjust criticism of judges.
The center of the debate was whether the Bar Association proposal will limit or "chill" lawyers’ criticism of judges. Gaylord joined a panel moderated by Seattle University Law Professor David Boerner. Other panelists were J. Richard Manning, past-president of the Washington State Bar Association, Deborah Horne, reporter for KIRO-TV, and Kenneth F. Bunting, Executive Editor of the Seattle Post-Intelligencer.
"There are times when lawyers and judges cannot speak out concerning cases, and during those times, virtually any criticism would be unjust. But, the Bar Association should limit its response to criticism of judges to those circumstances where false personal attacks are made or the judge is hampered in making a response by a pending active case." said Gaylord.
"I also believe that when prosecutors and lawyers know more about the workings of the court, they are in a good position to comment on the courts. Our government excels from criticism, and, as lawyers, we have a duty to both complement a job done well and criticize when mistakes are made," said Gaylord.
Much of the discussion centered on what the media and courts can do to better explain the decisions of judges and the limitations on their ability to respond to criticism. One suggestion, offered by Professor Boerner, is for appellate courts to issue rulings from the bench orally, similar to what is done by the United States Supreme Court. Washington Supreme Court Chief Justice Gerry Alexander, who attended the debate, pointed out that the court already covers its arguments on TVW and posts decisions on the web the day they are issued. Justice Alexander said that he would take the suggestion for reading opinions to the other members of the court for their consideration.
Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101