Judge Friel Target Of Complaint Had His Mind Made Up, Chelan County Officials Say

Chelan County commissioners have filed a complaint of judicial misconduct against Whitman County Superior Court Judge Wallis Friel, saying he inappropriately discussed a land-use case of theirs two days before hearing it in open court.

Friel told breakfast partners at Pullman’s Cougar Cafe that the case was “frivolous,” according to the complaint. The commissioners say Friel’s remarks predisposed him to find against them in their challenge to the state Growth Management Act.

If the state Commission on Judicial Conduct finds Friel acted improperly, it could give new life to Chelan County’s challenge of the act, which commissioners say usurps the power of residents and local officials to regulate land use. Their defiance is costing the county $140,000 a month in road and maintenance monies being withheld by the state.

The 1993 law requires counties and cities to work together to determine where growth will occur during the next 20 years, and which local governments will serve which areas.

“If it’s proven that he (Friel) had his mind made up as to how he was going to handle this hearing before he even left Pullman, then of course we would want his ruling overturned and a new judge to take a look at it in a more legitimate way,” Commissioner Earl Marcellus said Thursday.

Friel said the only affidavit backing the commissioners’ charges comes from Pullman real estate broker Dan Antoni. Friel said Antoni is a “chronic liar” who has had a “relentless vendetta against me” since the judge oversaw his 1992 divorce.

Two of his breakfast partners “could recall nothing coming up” about the Chelan County case, Friel said. “I can recall nothing coming up. It’s easy to believe that Antoni fabricated it.”

Antoni said his account of Friel’s June 8 remarks have been corroborated by a private investigator who interviewed other witnesses - including Friel’s breakfast mates.

“If he believes I’m a chronic liar, the other friends of Friel are also liars,” Antoni said.

According to the complaint, several witnesses said Friel “frequently discusses pending cases, generally at the Cougar Cafe. Many of the witnesses are longtime friends and supporters of Judge Friel.”

Friel, son of late Washington State University basketball coach Jack Friel, has been Whitman County’s sole Superior Court judge since 1987. He is so far unchallenged for reelection this fall.

He was called in to hear the growth management case - an appeal of a January decision - after three Chelan County Superior Court judges recused themselves for fear of a possible conflict of interest. Friel dismissed the commissioners’ case June 10 on the grounds that they failed to notify the state Department of Community, Trade and Economic Development, as required.

After reading about the decision the following day, Antoni recalled hearing Friel discuss the case the previous Saturday morning. He said he sat about 10 feet from Friel and that the judge “was talking loud.”

Antoni heard Friel talk about the importance of the Growth Management Act and the state’s need for the law, according to the complaint.

Friel said Antoni was “way across the room, out of earshot.”

Tim Busch, a former Pullman High School basketball coach and regular member of the Saturday breakfast group, said it is unlikely Friel said anything Antoni might be able to use against him.

“It’s very possible he said he’s going to hear this case, but talking about it?” Busch said. “No. I don’t have any recollection of that at all.”

“Of course, there were other people there,” said Robert Rowley, an attorney hired by Chelan County.

The Commission on Judicial Conduct meets to review complaints every two months, said David Akana, executive director. Depending on how far the panel goes toward a finding of wrongdoing, the matter could take more than a year to resolve, he said.

, DataTimes