In re the Disciplinary Proceeding Against Anderson

138 Wash. 2d 830
CourtWashington Supreme Court
DecidedJuly 29, 1999
DocketNo. JD 14
StatusPublished
Cited by15 cases

This text of 138 Wash. 2d 830 (In re the Disciplinary Proceeding Against Anderson) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Disciplinary Proceeding Against Anderson, 138 Wash. 2d 830 (Wash. 1999).

Opinion

Madsen, J.

— Pierce County Superior Court Judge Grant L. Anderson challenges a determination by the Commission on Judicial Conduct (Commission) that his extrajudicial activities relating to a deceased client’s estate violated the Canons of the Code of Judicial Conduct. The Commission ordered that Judge Anderson be censured and recommended suspension for four months without pay. Additionally, the Commission ordered Judge Anderson to attend a judicial ethics course and ordered him to amend filings with the Public Disclosure Commission as a “course of [833]*833corrective action.” Commission Decision at 9. We agree that Judge Anderson’s conduct violated the Canons, however, we believe that removal from office is the proper sanction. Accordingly, we order his removal and vacate the Commission’s order of corrective action.

FACTS

From 1977 to 1992, Judge Anderson was a municipal court judge for the City of Fircrest in Pierce County. During that time, Judge Anderson was also in private practice. In connection with his practice, Judge Anderson drafted the will of Charles Hoffman, his longtime client. Mr. Hoffman’s will designated Judge Anderson as personal representative of his estate upon his death. In 1989, Mr. Hoffman died and Judge Anderson assumed the responsibility of personal representative of the estate.

The estate included three business corporations: (1) Hoffman-Stevenson, Inc., which owned the real estate and building housing a bowling alley operation in Tacoma, Washington; (2) Pacific Lanes, Inc., which operated the bowling alley and leased the real property from Hoffman-Stevenson, Inc.; and (3) Surfside Inn, Inc. Judge Anderson installed himself as president of the three companies.

On January 8, 1993, Judge Anderson was sworn in as Pierce County Superior Court Judge. Judge Anderson continued to serve as president of the estate’s corporations and continued to participate in the estate’s business until mid-October 1993. The Code of Judicial Conduct (CJC) require judges to regulate their extrajudicial activities to minimize the risk of conflict with their judicial duties and, thus, strongly discourage judges from serving as officers or otherwise working on behalf of any business. CJC 5(C)(3).

Judge Anderson’s continued involvement with the estate’s business corporations led to allegations that he violated Canons 1, 2(A), 5(C)(3) and 6(C). The Judicial Conduct Commission conducted a five-day fact-finding hearing based on complaints to the Commission. The hear[834]*834ing focused on the circumstances and facts surrounding three events: the sale of the bowling alley business; Judge Anderson’s acceptance of car loan payments from 1993 to 1995; and Judge Anderson’s continued role as president of three corporations for 10 months after he was sworn in as Pierce County Superior Court Judge.

Sale of the bowling alley business

Judge Anderson testified that sometime in April 1992, he approached his friend William Hamilton, a Tacoma area banker and investor, about selling the estate’s bowling alley business. The two were good friends who often talked about business ventures. Judge Anderson believed that due to various problems with the building, such as asbestos and poor sewerage, marketing the sale of the bowling alley business would be difficult. Moreover, Judge Anderson thought it would be too complicated to sell the business through conventional financing arrangements, so he approached Mr. Hamilton, who expressed interest in buying the bowling alley.

In August 1992, Judge Anderson and Mr. Hamilton reviewed the first draft of the Business Acquisition and Lease Agreement. This first draft had handwritten notes indicating what appear to be revisions, such as changes to the closing date from September 30, 1992 to September 1, 1992. The parties did not sign the document.

On August 26, 1992, Judge Anderson and Mr. Hamilton reviewed a second draft of the Business Acquisition and Lease Agreement. This document appeared to reflect changes from the first draft, such as the closing date of September 1, 1992. Judge Anderson and Mr. Hamilton both signed this second draft. On September 19, 1992, a third and final draft of the Business Acquisition and Lease Agreement was reviewed and signed by both Judge Anderson and Mr. Hamilton. This last draft of the agreement was modified to reflect additional changes. Specifically, the document provided that closing would occur after certain conditions were met, such as receipt of state and local [835]*835gambling and liquor permits. Additionally, the final agreement provided that the purchaser of the bowling alley would be Pacific Recreation Enterprises, Inc., of which Mr. Hamilton was the sole shareholder and president.

Although the last Business Acquisition and Lease Agreement signed by Judge Anderson and Mr. Hamilton included an open-ended closing date, Anderson and Hamilton both testified that they actually intended the closing date to be September 1, 1992. In order to reflect the delay in closing, Judge Anderson testified that he and Mr. Hamilton anticipated that an adjustment to the sale price would be necessary and that both he and Mr. Hamilton understood the sale to be contingent upon Mr. Hamilton’s receiving cash flows from the bowling alley during its fall season. Judge Anderson further testified that after September 1, 1992, he basically had nothing to do with the business or management of the bowling alley.

Judge Anderson continued to conduct business on behalf of Pacific Lanes, Inc., however; and on September 28, 1992, he submitted applications for a gambling permit1 and liquor license transfer2 which were contingencies of the Business Acquisition and Lease Agreement.

On October 28, 1992, Judge Anderson responded by letter to the Washington State Gambling Commission’s inquiry about his authority to operate on behalf of the Hoffman estate. In that letter, Judge Anderson refers to the “pending sale of Pacific Lanes [Inc.]” Ex. 2.

On December 4, 1992, Judge Anderson and Mr. Hamilton completed a bill of sale for the bowling alley business in the amount of $300,000.3 Supporting documents included [836]*836a purchaser’s closing statement showing a cash payment of $50,000 signed by Mr. Hamilton on behalf of Pacific Recreation Enterprises, Inc., and a promissory note in the amount of $250,000.

On December 9, 1992, Judge Anderson, as president of Pacific Lanes, Inc., signed a security agreement with First Interstate for the promissory note in the amount of $250,000.

On or about the first week of January 1993, the Hoffman estate was closed and its assets, including the stock of Hoffman-Stevenson, Inc. and Pacific Lanes, Inc., were transferred to a trust. Mr. Fisher, Judge Anderson’s former law partner, was appointed trustee.

On March 9, 1993, Mr. Fisher held a meeting at his office with Judge Anderson, Mr. Hamilton and his accountant, Mr. Iverson. At this meeting, Mr. Fisher, Judge Anderson, Mr. Hamilton, and Mr. Iverson reviewed a document, prepared by Mr. Iverson, stating that Mr. Hamilton’s company “REALLY TOOK POSSESSION JANUARY 1, 1993.” Ex. 61. The document, entitled “PACIFIC LANES PURCHASE PRICE ADJUSTMENTS PER DISCUSSIONS WITH GRANT ANDERSON AND BILL HAMILTON,” also states a purchase price reduction of $92,829, resulting in a change from the original purchase price of $300,000 to the adjusted purchase price of $207,171. Id.

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Bluebook (online)
138 Wash. 2d 830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-disciplinary-proceeding-against-anderson-wash-1999.