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October 22, 2010 in Region
Some question racial comments by 2 Washington justices
SEATTLE — Two Washington Supreme Court justices stunned some participants at a recent meeting when they made comments suggesting that racial bias plays no significant role in the criminal justice system, the Seattle Times reported today.
Justices James Johnson and Richard Sanders both said during the Oct. 7 meeting in Olympia that the reason blacks are over-represented in the prison population is because they commit more crimes.
Johnson also reportedly used the term “poverty pimp.” Though it wasn’t clear what he meant by the remark, the term typically refers to workers who supposedly provide legal services to the poor for their own gain, the Times reported.
The comments came during a meeting with staff from the Administrative Office of the Courts, a Kitsap County District Court judge and a social-justice advocate from the Seattle University School of Law. They were presenting a report on improving the effectiveness of boards and commissions set up by the Supreme Court to ensure fair treatment for minorities.
Sanders, who is in a re-election fight this fall, told the Times he stands by his remarks. He said certain minority groups are “disproportionally represented in prison because they have a crime problem.”
Sanders also noted that he has a reputation for siding with defendants whose cases come to the high court. His concern is for individuals, he said, and if someone is in prison for any reason other than committing the crime, “I want to hear about it.”
Johnson did not respond to several requests for comment, the Times reported. A staff member in Johnson’s chambers told the Associated Press today that Johnson would not be available until next week.
Blacks make up about 4 percent of Washington’s population but 17 percent of people under the supervision of the Department of Corrections. Similar disparities nationwide have been attributed by some researchers in part to sentencing practices, inadequate legal representation and drug-enforcement policies that unfairly affect blacks.
Kitsap County District Court Judge James Riehl told the Times he was stunned because, as a trial judge for 28 years, he was “acutely aware” of barriers to equal treatment in the legal system.
Riehl also said it was troubling that Johnson used the term “poverty pimp” in a meeting where the comment didn’t relate to the presentation, and that it was made in front of staff and Seattle University representative Ada Shen-Jaffe, who has a background in providing legal services to the poor.
Shen-Jaffe objected to the comments and invited Johnson to talk to her about them informally, some at the meeting recalled.
Justice Debra Stephens, who also has been a strong advocate for providing free legal services to the poor and who was a volunteer supervising attorney at Gonzaga University’s Legal Assistance clinic, said she was surprised by the “poverty pimp” remark.
“If that were directed at me, I would have felt accused,” Stephens said. She added that she did not believe that was Johnson’s intent, but that he chose an unfortunate phrase.
Stephens also told the newspaper that she heard Johnson use the words “you all” or “you people” when he stated that African-Americans commit crimes in their own communities.
Shirley Bondon, a manager with the Administrative Office of the Courts who oversees programs to remove barriers in the legal system, prompted the discussion when she told the justices that she believed there was racial “bias in the criminal-justice system, from the bottom up.”
Bondon, a 50-year-old black woman, said Sanders then asked for the name of anyone who was in prison because of one of the barriers and said he didn’t believe such barriers existed — except for poverty, since it might restrict the ability to afford an attorney.
Johnson agreed with Sanders and went on to say that he believed certain people are taken advantage of; it was in that context that he used the term “poverty pimp,” Bondon said.
Johnson made clear that he didn’t think the court’s boards and commissions should be funded and said the meeting was costing $25,000 in people’s time that could be used for better purposes, Riehl said.
Justice Susan Owens said she heard the comments but didn’t understand what Johnson meant by “poverty pimp,” though she added that she didn’t believe he was directing the term at anyone in particular.
Chief Justice Barbara Madsen said she didn’t hear the “poverty pimp” comment, but stopped the conversation because she didn’t think it was productive.
Bondon wrote to the Seattle Times that she was stunned by Sanders’ remarks.
“I know that people in all walks of life hold biases, but it was stunning to hear a justice of the Supreme Court make these outrageous comments in my presence,” she wrote.
© Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Three dead, three wounded in Seattle shootings 
Ed Byrnes on October 22 at 2:38 p.m.
The late Richard Pryor described going to court for Black Americans as: “We go looking for justice and that’s what we find there, just us.”
This was stated in 1975, and study after study since then shows how racially biased our legal system is, even after controlling for things like offense histories and such.
How outrageous that 35 years later we are seeing such ignorance from members of our state’s highest court.
eagleproducer on October 22 at 2:39 p.m.
Most of the people locked up for drugs are people of color. Do they use more drugs than white folks?
eagleproducer on October 22 at 2:41 p.m.
I never vote for judges anyway. It only encourages them.
JKW on October 22 at 2:59 p.m.
After reading the comments that the supreme court judges have made concerning people of color, yes most of the people who are in jail are Black and most of the Black people have a language of their own. So when a justice supreme court judge made a comment “poverty pimp” I have to agree with the judge comment is not ment to be rasis of any sort. Only to say that “prverty pimp” is for low-income people, nothing disrespectful.
What would a supreme court judge say for a white person in jail; White Trash for low income white people? Who’s to say, all of us make comments of some sort with out really thinking what we are saying a that time or moment; we make mistakes that we cann’t take back, it’s already done. We just need to move forward with our lives and ry to be a little more respectful of other people.
rpmarp on October 22 at 3:13 p.m.
Sometimes the truth hurts.
mikeln on October 22 at 3:19 p.m.
I have seen the “projects” in Dallas, Tx. and Cleavland, Oh., people cramned together in very little space, high unemployment and not much chance of getting out. To have human beings living this way is a crime. There has to be better use for these people then to keep them in a situation that leads many of them to crime. So far I have not seen any of our elected officials doing anything to help these people avoid a wasted life.
cpd805 on October 22 at 3:25 p.m.
Justice Johnson is a little more moderate than Sanders. Richard Sanders is probably the most dangerous Justice in the history of the Washington State Supreme Court. Forget the fact that he sides with the defendant 94% of the time, compared to about the 40-45% rate of the other Justices. The most troubling fact is that he has an unusual propensity to side with sex offenders. I read the majority of Supreme Court cases having to do with law enforcement case law, and I have always noticed his habit of siding with the sex offenders, but it was not until recently that I learned this:
Disciplinary Proceeding Against Day, 162 Wn.2d 527 (2007): Justice Sanders argued that a lawyer who was convicted of felony child-molestation, in the case of an11-year-old boy who was a former client, should be suspended from practice rather than be disbarred. He was the only dissent from the disbarment.
Some may not wish to pay attention or vote in judicial races, but this affects us all.
hawken on October 22 at 3:49 p.m.
Seems that Jesse Jackson might want to defend these two Justices…. Maybe picket the court in their defense… since he agrees with them….
“here is nothing more painful to me … than to walk down the street and hear footsteps and start thinking about robbery, then look around and see somebody white and feel relieved.”
the Reverend Jesse Jackson, US News, 3/10/96
Political Correctness is nothing more than an enemy of what everyone knows to be true…. but are afraid to say… at the risk of the wrath of the politically correct…. typically the liberal left…
If you want more evidence…. just read the string on the firing of Juan Williams by NPR…. today’s article
spokanecougar on October 22 at 4:27 p.m.
I refuse to vote for them both for already restricting gay rights and voting to continue to make gay marriage illegal in this state. Apparently they hate not only gays, but people of color as well, great to know these two racists are two of our states supreme court justices.
spokanecougar on October 22 at 4:31 p.m.
Hawken, have conservatives or the republican party ever done wrong in the history of this country, or is everything that went wrong in this country since 1776 because of liberal socialists?
hawken on October 22 at 4:39 p.m.
spokanecougar…. 90% liberal left…. 10% conservative.
force_vector on October 22 at 4:51 p.m.
How can you, with a straight face (I assume), call these two justices “racists” based on this article? They expressed an opinion, which is presumably from the perspective of being judges, in our court system. Seems too me they are stating what is already widely known; that poverty leads to violence and drugs, which lead to prison. Unfortunately, our country has yet to find a way to fully integrate in a way that one group is no more prone than another to experience poverty. However, there was nothing racist in the remarks these two made. Furthermore, judges don’t restrict or enhance “gay rights”. All they can do is interpret legislation, and decide whether it is constitutional. Also, in this state, with the heavy use of initiatives, they have an even greater burden of examining those as well. If you don’t think that gays are treated fairly in this state, you can’t blame two judges. A majority of voters in Washington apparently don’t agree with you. So, if you don’t like it, attempt change their minds or shut up.
Your constant need to identify yourself with a predetermined mindset, and argue for it with complete nonsense, reflects upon not only your IQ, but on you as a person as well.
Shylock13 on October 22 at 5:34 p.m.
Elected judges are no different from any other elected politicians (from whatever party). Their major, if not only, concern, is to be re-elected in order to enrich themselves! Have you ever known a “poor” elected judge???
force_vector on October 22 at 5:41 p.m.
Actually, Hawken, it’s 100% liberal left for old spokanecougar. Just look him up. He’s on a number of sites, including huffington post, spewing his crap all over the place. Although, I imagine if he knew how easy he was to personally identify based on what he has posted online previously, he might be less “extreme”. Not too bright.
west on October 22 at 6:57 p.m.
the truth hurts…
oneanddone on October 22 at 7:05 p.m.
Until blacks, indians, and other minorities, who think the world owes them something extra, decide to assimilate they will never amount to much of anything. This country, because it’s run essentially by business through their ownership of congress, still demands hard work to get ahead. That won’t change anytime soon.
spokanecougar on October 23 at 11:59 a.m.
Vector, you are truly about the dumbest POS on here.
I post on here, the Seattle Times and the Inlander, not to much on the Huff Post.
Spewing my crap….look at your racist, bigoted, hatefully radical posts…..people in glass houses shouldn’t throw rocks you racist a-hole.