The Judge Who Kept His Robes
A House committee found Spokane's Judge Jesse Arthur 'grossly improper' for the bench. The legislature then voted 21 to 47 to drop the whole matter.
OLYMPIA, Feb. 21.—Special.—The house of representatives tonight, by a vote of 21 to 47, refused to further investigate charges of impeachment against Judge Jesse Arthur, of the superior court of Spokane and Stevens counties, by the adoption of the majority report of the special committee which visited Spokane to take evidence in the case.
Three of the members of the committee signed the majority report and two the minority. The minority report recites that the committee listened to seventy-five witnesses, and that the evidence was conflicting, but the preponderance of that evidence established beyond any reasonable doubt that there is a strong probability of the truth of each and every allegation contained in the charges aforesaid. From careful consideration of all the testimony the minority are fully convinced that said Judge Arthur is a grossly improper person to discharge the duties of superior judge, and recommend the passage of a joint resolution removing him from office. The report is signed by John T. Williams and A. Woodward.
The majority report cites that the witnesses heard were about equally divided for and against, many of each being among the most reputable, upright and credible of Spokane and Stevens counties. The majority then assert that the evidence taken is insufficient to sustain the charges, except that it did establish the fact that Arthur was negligent in permitting a grand jury to remain in session in Stevens county between April 29 and May 7 without work or business, and at unnecessary expense, and that it did also establish the fact that in the Chase case Judge Arthur did authorize and permit certain instructions in manner contrary to law and to the knowledge of the said judge of the law.
The majority therefore recommend, in view of the extenuating circumstances connected with the charges established, "that the house of representatives do take no further action or proceedings relative to such charges, and that the committee be discharged." The majority report is signed by T. V. Eddy, chairman; L. E. Rader, L. B. Nunn.
“The minority are fully convinced that said Judge Arthur is a grossly improper person to discharge the duties of superior judge.”
Washington's constitution gives the House the power to impeach judges, and this is what using it looks like up close: seventy-five witnesses, two dissenting members convinced the man was unfit, and a floor vote to look away. Judicial discipline in Washington now runs mostly through the state Commission on Judicial Conduct rather than the legislature, but the underlying question — who gets to remove a bad judge — has never really gone away.
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