Speak Up, Candidates

Tue., May 5, 1998

By John Webster johnwe@spokesman.com (509) 459-5421

Good news, voters. Freedom of speech applies to judges and judicial candidates.

Last week, a special panel of the state Supreme Court tossed out sanctions that the state Judicial Conduct Commission had imposed on Supreme Court Justice Richard Sanders.

In 1995, after his installation as justice, Sanders appeared briefly at a pro-life rally where he thanked those who voted for him and called the protection of human life “fundamental in our legal system.” The commission had held that these vague remarks violated court rules limiting political activity by judges.

Other judges also have ignored those rules, speaking their minds about issues like capital punishment, judicial election methods and litigiousness - without sanctions.

But during campaign season, many would-be jurists tend to clam up, as if their views are none of voters’ business. Wrong. Last week’s decision said that in the balance between free speech and the rules limiting political activity, freedom of speech “weighs more heavily.” This opens a door to judicial campaigns with substance and to judicial elections that mean something.

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