A Burien judge has been suspended by the state Supreme Court for being rude in her courtroom.
A majority of five justices imposed a five-day suspension on King County District Court Judge Judith Eiler. However, four justices favored a 90-day suspension.
In the majority opinion, Supreme Court Justice James M. Johnson noted Eiler had received many complaints about her bench behavior. In April 2009, she received sanctions for rude behavior.
In arguing against the 90-day unpaid suspension sought by the state Commission on Judicial Conduct, Justice Johnson wrote, "Judge Eiler did not cut deals with litigants behind closed doors, accept bribes or otherwise demonstrate that her decisions were governed by anything other than the law and the facts of the cases.
"Her misconduct also did not undercut public perceptions of judicial integrity or impartiality."
But Justice Gerry Alexander argued that in a district court, Eiler dealt with defendants who often don't know much about legal proceedings.
Alexander noted, "Statements by a judge implying that a litigant is an "'idiot' or 'stupid' and the rendering of other derisive comments about persons who are before the judge is not conduct that engenders respect for the judiciary or provides confidence in the impartiality of the justice system.
"By the same token, Judge Eiler's act of whistling and pounding on the bench in the manner disclosed by the electronic record is unacceptable judicial conduct."
Ironically, the deciding vote in the case involving conduct in a Burien courtroom was made by a graduate of Highline High School in Burien.
Justice Richard Sanders agreed with Johnson but maintained that a reprimand would be better than a suspension..
Des Moines assistant city attorney Susan Mahoney is running against Eiler for Southwest District Judge, Position 2 in the Nov. 2 general election.