In our legal system there is a doctrine called the Appearance of Fairness, it is spelled out in statute several places and Judicial Cannons require it. but it is by implication included in every single one, it is fundamental in application. Case law on this can be found in the 1972 case of State v. Madry, in which the following decision was offered by the Washington Supreme Court:
“—at 70: The appearance of bias or prejudice can be as damaging to public confidence in the administration of justice as would be the actual presence of bias or prejudice”
“Next in importance to rendering a righteous judgment, is that it be accomplished in such a manner that no reasonable question as to impartiality or fairness can be raised”
So in following this doctrine (or NOT), Judge Jim Doerty filed a lawsuit in and through his legal counsel (Mark Leemon 12-25-12 WBAR Lawyer Directory Mark Leemon and Craig Vernon 12-25-12 WBAR Lawyer Directory Craig Vernon) in King County Superior Court, cause number 12-2-25288-2 SEA 12-25-12 KCSC Doerty Docket. The case has been assigned by Presiding Judge Richard McDermott to be ruled on by Judge Julie Spector.
To illustrate this defect an examination of the hierarchy at KCSC:
Judge Dick McDermott is the Chief Presiding Judge and according to the employee detail he is the only Judge in King County who reports to the People who elected them, Judge Laura Inveen Chief Civil Judge reports to Dick, Judge James Doerty reports to Dick, Judge Julie Spector also reports to Dick.
One big happy family down there and clearly the defendants in this action stand little chance at equal protection under the law.
Judge Doerty had options as the documents indicate, he could have simply filed this action in Federal Court (about three blocks from the King County Courthouse) he could have filed it in Snohomish County or Pierce County as the Court Rules allow, but he didn’t he used his position of authority to send a clear message to the defendants “pay up because me and my friends will take care of this case”. Threats and Intimidation, sounds like the Doerty I know.
Now moving off the massive procedural defects present we examine the substance of Doerty’s lawsuit; He was so physically and mentally damaged he feels entitled to some (large) financial settlement, he states he was on constant medication (assuming pain relief medication like OxyContin – Street name Oxy or OC which is best described as synthetic Heroin) for the pain, Found it hard to function at his Job (he still ruled on years and years worth of cases) many Seattle Lawyers I have spoke to about Doerty call him “unpredictable at best” even stating “He is the most overturned Judge in the State at the Court of Appeals”.
So we have a sitting Judge admittedly on constant drugs, perpetual pain to the degree he found it hard to function at his job, and suffering from ongoing and serious emotional damage.
I have first hand experience with Doerty and not as a litigant as he has never ruled on any case which I was a party, if I were to describe him I would say out of control, biased and unaware of his professional responsibilities, criminal, totally devoid of any personal acceptance of accountability, just an angry man.
The good news is that Doerty is set to retire from the bench within the next couple weeks, the bad is that he will do so getting a full judicial retirement salary.
Another example why the Judiciary should not be self governing nor self policing.