News Jul 25, 2012 at 4:00 am

We Can't Rely on the Bar Association's Judicial Ratings This Year

Comments

1
These rating systems have always favored candidates who come out of big firms and prosecutors offices, and have always given lawyers like Hong Tran, who represent ordinary people, short shrift. I'm glad this is finally coming to light.
2
Having worked with Judge Bernss for years I can assure you that she is by far the most qualified in the field. You will not find many King County employees who agree on something but when it comes to judge Berns we are unanimously in agreement that she is a fantastic judge and a wonderful addition to any court that will be lucky to have her. We are just sad she won't pro tem with us anymore :(
3
Eli, just because a handful of judges who support a candidate disagree with a rating does not mean that there is a problem with the ratings process. I am an attorney, and I can tell you that, quite frankly, judges are not always in the best position to speak to how qualified a candidate is. Let's also remember that judges in Washington are elected officials who will support others for political reasons. Having participated on ratings panels similar to this, I can tell you that the panel members take into consideration input from a wide variety of sources. They speak with a candidate's opposing counsel, past employers, and clients. They also interview the candidate. It's a great deal of work that is done on a completely volunteer basis. I am surprised that you would fail to mention this important fact, given your condescending "advice" to the KCBA. Neither you nor these judges have any way of knowing what information about these candidates may have come out during the committee's process to support the ratings given. Nor should you - processes like this are meant to be completely confidential, so that the participants will feel free to be candid, knowing that their feedback ( be it positive or negative) will not be shared publicly. You should be able to appreciate this as a reporter who, I assume, protects sources who do not wish to be identified. Also, Eli, a quick look on the KCBA website would have given you the KCBA rules and procedures for rating candidates, which explains rather detailed criteria that KCBA uses when rating candidates. See www.kcba.org/judicial/pdf/judicial_scree…;. ratings of "qualified," "not qualified," etc..., are each defined with specificity. Naturally, candidates who receive low ratings tend to have a negative view of the process, so the comments by these candidates is not surprising to me.
4
Well obviously if women and "furriners" are going to try to be judges the dudes, and their ever so lily white female enablers, at KCBA will have to let the public know they are unqualified. What would you have them do? You let those people get on the bench and who'll look after the interest of old, straight, rich, white men. Snort.
5
@4, please. The KCBA has rated as "well qualified" or "exceptionally well qualified" plenty of women and minority candidates. In this election alone, please see the KCBA's ratings on Steve Gonzales (rated exceptionally well qualified), Susan Owens (rated well qualified), Sheryl Gordon McCloud (rated exceptionally well qualified), and Judy Ramseyer (rated well qualified).
6
Aurora: not sure if you had been been following this story prior to Mr. Sanders's article, but there are a lot of people who are concerned about the KCBA's judicial ratings' process. From the Seattle Times: "Seattle attorney David Koch, a former co-chairman of the [KCBA judicial screening] committee who served on it for 10 years, said 'not-qualified' ratings typically are reserved for people who are newly out of law school, those with little or no experience in the courts they're running for, and those who have a history of ethics violations or sub-par work." He goes on to say "I know Hong, I've worked with her in the past, and I was extremely impressed in the work that I saw... I have no idea what information the committee received on Hong that would lead them to rate her not qualified, and there's no way for me to find out." In a different article, Ms. Berns describes a series of significant errors that the committee made during her evaluation process which, frankly, are an embarassment. I'm an attorney myself and I agree that the process the KCBA committee supposedly follows is very thorough, however, for whatever reason, they seem to have dropped the ball this year. Also, although judges in WA are elected officials, many of the judges who have come forward in support of Ms. Tran and Ms. Berns are retired, and Judge Doerty is not running for re-election. Judge Lum, who actually endorsed Ms. Tran's opponent, still stepped forward to question her "not qualified" rating. So it seems like a stretch to say that they are speaking up for "political reasons." If these candidates had been rated as just "qualified" I don't think anyone would have given it a second thought. But a "not qualified" rating is a slap in the face and, based on Mr. Koch's statements, it is highly unusual for an experienced attorney with no history of ethics complaints to receive such a harsh judgment from the screening committee. So when it happens 3 times in one year, I think some increased scrutiny is called for. I'm glad the Stranger and the ST have at least tried to raise some awareness about this issue. Moreover, although you correctly point out that the committee members serve voluntarily, let's be honest: the vast majority of them do it for entirely self-serving reasons (resume boosting, ego feeding, professional networking, etc.). Those who do it for the right reasons should be commended but unfortunately, they seem to be out-numbered. So, perhaps before you issue such a scathing and condescending directive to "Eli" (are you and he really on a first-name basis?) you should take some time to dig a little deeper and realize that this isn't just about a couple candidates not liking their ratings and a few judges supporting them. I for one, agree with Judge Doerty and Mr. Sanders that the KCBA committee should evaluate their own process; hopefully, they realize that their credibility has been seriously damaged in the eyes of many members of the bar and the public in general by this year's debacle.
7
Aurora: not sure if you had been been following this story prior to Mr. Sanders's article, but there are a lot of people who are concerned about the KCBA's judicial ratings' process. From the Seattle Times: "Seattle attorney David Koch, a former co-chairman of the [KCBA judicial screening] committee who served on it for 10 years, said 'not-qualified' ratings typically are reserved for people who are newly out of law school, those with little or no experience in the courts they're running for, and those who have a history of ethics violations or sub-par work." He goes on to say "I know Hong, I've worked with her in the past, and I was extremely impressed in the work that I saw... I have no idea what information the committee received on Hong that would lead them to rate her not qualified, and there's no way for me to find out." In a different article, Ms. Berns describes a series of significant errors that the committee made during her evaluation process which, frankly, are an embarrassment. I'm an attorney myself and I agree that the process the KCBA committee supposedly follows is very thorough, however, for whatever reason, they seem to have dropped the ball this year. Also, although judges in WA are elected officials, many of the judges who have come forward in support of Ms. Tran and Ms. Berns are retired, and Judge Doerty is not running for re-election. Judge Lum, who actually endorsed Ms. Tran's opponent, still stepped forward to question her "not qualified" rating. So it seems like a stretch to say that they are speaking up for "political reasons." If these candidates had been rated as just "qualified" I don't think anyone would have given it a second thought. But a "not qualified" rating is a slap in the face and, based on Mr. Koch's statements, it is highly unusual for an experienced attorney with no history of ethics complaints to receive such a harsh judgment from the screening committee. So when it happens 3 times in one year, I think some increased scrutiny is called for. I'm glad the Stranger and the ST have at least tried to raise some awareness about this issue. Moreover, although you correctly point out that the committee members serve voluntarily, let's be honest: the vast majority of them do it for entirely self-serving reasons (resume boosting, ego feeding, professional networking, etc.). Those who do it for the right reasons should be commended but unfortunately, they seem to be out-numbered. So, perhaps before you issue such a scathing and condescending directive to "Eli" (are you and he really on a first-name basis?) you should take some time to dig a little deeper and realize that this isn't just about a couple candidates not liking their ratings and a few judges supporting them. I for one, agree with Judge Doerty and Mr. Sanders that the KCBA committee should evaluate their own process; hopefully, they realize that their credibility has been seriously damaged in the eyes of many members of the bar and the public in general by this year's debacle.

8
@ 6 and 7. David Koch is one voice out of many who have served on a very large committee, and he just happens to do appellate public defense work and would be expected to be aligned with Hong Tran, a public defender. If all it takes for a lawyer to be "qualified" for the Superior Court bench is 20 or so years of experience and a lack of any disciplinary record, then nearly every attorney who appears before it would be "qualified," and committee would have very little purpose. In my view, and I hope in others', being qualified for the Superior Court bench involves much more than that. Some people are perfectly fine attorneys, but they will never be "qualified" to be a Superior Court judge. Perhaps the KCBA's problem is historical rather than a current one - if the "not qualified" rating has previously been used so sparingly, then the whole process would appear to me to be fluff and nothing more. I, for one, am glad that the KCBA is not afraid to state when a candidate is "not qualified," rather than giving voters insufficient information about a candidate's abilities out of fear that using the appropriate rating might be viewed as politically incorrect.

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