Susan Mahoney

by Jack Mayne

Judith Eiler, the judge who was recently suspended for five days by the state Supreme Court for “rude, impatient and undignified treatment” of people before her in court has been voted off the bench by voters in the Burien area.

The winner is the current assistant city attorney for Des Moines, Susan Mahoney.

The loser, who picked up the “Judge Judy” moniker, after a harsh television judge, will leave the court in January and be replaced by Mahoney.

“I thought if anything it would be close but it has not been close at all,” she said in a telephone interview with The B-Town Blog. “The doorbelling paid off. I am just so grateful. It is just great that the people paid attention and I am humbled and honored and wouldn’t have gotten this far without that support.”

With less than 39 percent of the vote counted on Wednesday afternoon, Mahoney had 25,815 votes (69.82 percent) to Judge Eiler’s 10,965 (29.65 percent).

by Jack Mayne

Susan Mahoney has been thinking for some time about becoming a judge, but a recent situation where her opponent was disciplined by the state Supreme Court for being rude and abrupt prompted her to run now.

Mahoney says of her opponent, Judge Judith Eiler, “Her philosophy and mine could not be more different, her approach and mine cannot be more different.”

Judges are elected but most voters either do not vote for any of them because they know nothing about them, or vote for all on the ballot or just for the one or two they have heard of.

Judges are not permitted to directly raise money for campaigns, but must have campaign managers do it as a way of preventing real or imagined conflicts of interest over donors.

Mahoney is running for position two in the Southwest Electoral District, which includes Burien.

District Court hears a rather broad array of cases, including all criminal misdemeanors, including driving infraction such as speeding and driving while under the influence of drugs or alcohol – anything punishable by a year or less in jail. It covers all unincorporated parts of the county and also for cities that contract for court services as the City of Burien does. The court hears most first appearances for felony charges, cases that are later before Superior Court judges.

In addition the court hears all disputed ticket cases, civil matters (rent, property and debt disputes) not over $75,000 and smaller personal injury cases and small claims cases. A major area for the court are protection orders where a person seeks that a husband or other person be ordered to stay away from them.

Mahoney is now the assistant city attorney for the City of Des Moines and a former deputy King County prosecuting attorney, as well as a private practice lawyer. Besides being in court in various roles, she has served as a pro-tem (temporary) judge in district courts.

She says she has been considering a judgeship for a while because she says our system is different for anywhere else in the world. All District Court judge must be lawyers.

“No system is perfect, and neither is our, but ours is the best system going,” she says. “It takes good and dedicated people committed to those ideals to continue a good justice system.

Susan Mahoney at the Oct. 19th B-Town Blog Candidates Forum.

“District Court is the people’s court,” she says. “More people come into contact with that court than any other.”

She says District Court judges not only need good, sound legal knowledge “but also those who have a heart for dealing with people. You really have to have a degree of patience because of the high case loads, dealing with attorneys” and with those people acting in their own defense which happens often in this level of court.

Mahoney says many immigrants in the area are fearful of courts and police, and others do not trust the system of courts or simply do not understand how the court system operates, so judges must be understanding and help people to deal with the process. There is also the problem of people not speaking English well, or at all.

“Some may actually function incredibly well in a day-to-day basis, but when you put them into a foreign atmosphere, an intimidating atmosphere (a judge) needs to take the time with them,” she says. “You can’t present their case for them or advocate for them, but you can help them understand their situation as clearly as possible.”

The financial crisis affects the courts, she says. There are 26 judges in the King County District Court and the Legislature approved the addition of six more, but the county appropriated money for only four. The court had been cut back a few years ago for financial reasons, she says. With cuts in court services, judges will have to oversee probation matters, further impacting the work of a judge.

She says she is willing to put the time into the heavy workload, adding that she waited until now to run for a judicial job so her son to be old enough to fend more for himself. She is a single mother with a 14-year-old son.

Her opponent, District Court Judge Judith Eiler, has never been in court “except as a judge,” Mahoney says. “I have handled literally thousands of cases in court, as an advocate, either a defense attorney or a prosecutor, or as a judge. If you interrupt somebody, you are not moving a calendar along, you are slowing it down because people lose their train of thought, they get rattled and they are not able to move forward.

“I can move a court calendar along and still treat people well,” obviously referring to her opponent’s recent five-day suspension for using terms such as “stupid” and “idiot” for the bench, interrupting and intimidating people before her.

Mahoney says the courtroom can be managed in a civil way and still move the process.

A judge can start off by setting time limits for people, telling them things the judge needs to know and then ask questions if further information is needed, all without intimidating people.

Because of the system that judges are assigned to wherever needed, Judge Eiler does not sit in the Burien court but downtown in the courthouse.

An Open Letter to B-Town Blog:
By W. Tracy Codd, Burien Attorney

Now that the voting ballots are in the mail and in most of our mailboxes, B-Town Blog readers should take note: There is one clear choice for Position #2 in the King County District Court, Southwest Electoral District judicial race – Susan Mahoney.

Assistant Des Moines City Attorney, Judge Pro Tem and former Prosecutor, Susan Mahoney has the background and experience in and out of the courtroom needed to serve the citizens of Southwest King County as District Court Judge.Susan received her Bachelor’s degree from the University of Washington in 1985 and her JD from Seattle University’s School of Law in 1991, the same year she was admitted to the Washington State Bar. Since that time, Susan worked as Deputy King County Prosecuting Attorney where she handled all types of criminal cases from misdemeanors to Class A felonies and eventually opened up her own law office in 2001. The Law Office of Susan L. Mahoney has specialized in personal injury, family law, criminal defense and municipal court contract prosecution.  Susan served as a municipal prosecutor for the Cities of Des Moines, Normandy Park, and Milton.  She has also been called upon to serve as a special prosecutor handling conflict situations on sensitive cases for the King County Prosecutor’s Office, the City of Kent and the City of Federal Way. In 2001, Susan was appointed Judge Pro Tem in King County District Court.  She has also been appointed as a Judge Pro Tem serving Kent, Lakewood, Federal Way, and Black Diamond Municipal Courts.   Serving as a Judge Pro Tem has given Susan the opportunity to bring her knowledge and experience to the bench. Her professional demeanor and courtroom abilities have earned her the respect of those who have appeared before her, as well as those who work with her in and out of the courtroom.  In January of 2008, Susan was appointed to serve as the Assistant City Attorney for Des Moines where she serves as the City’s legal advisor and in-house counsel for all municipal departments.  That work includes overseeing Municipal Court Prosecution and code enforcement; advising the Des Moines Police Department on criminal and civil risk management issues; and working with the Municipal Court on developing and implementing policies and procedures. Throughout her career, Susan has cared passionately about the justice system and the people she has been honored to serve.  She has taken a particular interest in cases involving domestic violence and impaired driving and sees these as some of the most serious cases handled at the District Court level. She has earned the reputation as a tough, but fair-minded prosecutor and Judge Pro Tem. A mom and active South County community member, Susan will bring a dedicated level of commitment to South County residents and a balanced approach and professional temperament to the District Court.

Ms. Mahoney’s opponent, Judith Eiler, has been in the headline news recently and was disciplined this year by the State of Washington Judicial Conduct Commission for her courtroom demeanor.

Susan Mahoney has received a great number of endorsements from local attorneys, prosecutors and public defenders. This is evidence of her long track record of fairness and professionalism.

Ms. Mahoney has received a number of prominent endorsements from both sides of the political aisle, including the following:

Martin Luther King County Labor Council

Citizens for Judicial Excellence

King County Democrats

King County Young Democrats

King County Police Officer’s Guild

AFSME Local 21 – District Court Clerk and Probation Officers Union

11th District Democrats

30th District Democrats

30th District Republicans

33rd District Democrats

34th District Democrats

Judge Ann Harper, King County District Court

Judge Veronica Alicea-Galvan, Des Moines Municipal Court

Judge Tim Jenkins, Sumner Municipal Court and Federal Way Attorney

Judge David Larson, Federal Way Municipal Court

Judge Rebecca Roberston, Federal Way Municipal Court

Judge Steven Rosen, Black Diamond Municipal Court

Judge Paul Codd, Des Moines and SeaTac Municipal Courts (retired)

For a full list of Ms. Mahoney’s endorsements, readers of the Burien Blog can find out more about Susan Mahoney at www.mahoneyforjudge.com.

As the above attests, there is one clear choice for Position #2 in the King County District Court, Southwest Electoral District judicial race – Susan Mahoney.
W. Tracy Codd is a Burien Attorney with a practice which emphasizes criminal defense and personal injury law.

Mr. Codd, a B-Town Blog Advertiser, is a Member of the Committee to Elect Susan Mahoney for Judge.

by Ralph Nichols

[REPORTER'S NOTE: Writing on the fast-paced exchanges of a candidates’ forum presents a challenge in conveying what they say with accuracy and balance. Therefore, many answers are paraphrased to ensure fairness to both participants. Candidate responses are generally presented in the order they answered questions. To hear their full remarks in context, you can listen to an MP3 of the entire forum by clicking below:]

[display_podcast]

The question on everyone’s mind was addressed at the outset when Judge Judith Eiler and former Deputy Prosecutor Susan Mahoney faced each other at an Oct. 19 candidates’ forum sponsored by The B-Town/Waterland blogs.

They are seeking election as King County Southwest District Court Judge, Position 2.

Eiler has served as district court judge for 18 years. Mahoney has also been a defense attorney and served as a judge pro tem, and currently is assistant city attorney for Des Moines.

How, Eiler was asked, having been disciplined three times for repeated demeaning and abusive treatment of defendants, can a defendant in her court expect they will receive justice?

The state Supreme Court found in those cases that “I was impatient,” she replied. “You have to be impatient occasionally and I was too brusque … I’m not warm and fuzzy.”

Susan Mahoney on Judge Eiler: That “she is justifying her behavior does disservice to all the other judges to treat defendants with dignity and respect.”

A judge needs “a tough demeanor and you have to move things along,” she added.

Eiler said the Supreme Court found only 15 sound bites in which she crossed the line. “I will tell you plainly that I am a blunt person. This is the people’s court and I speak the people’s language.

“I’m working on my patience every day,” she declared.

Mahoney said, however, “it’s a little bit disheartening to hear Judge Eiler say it was just 15 cases,” noting a district court clerk has said she behaved “that way in about 50 percent of the cases.”

Eiler is the only judge in the state who has “been suspended for her demeanor,” Mahoney continued.

That “she is justifying her behavior does disservice to all the other judges to treat defendants with dignity and respect. Defendants need “to know they will be fairly served. Justice happens … one defendant at a time.”

But Eiler countered that “Susan is incorrect.” The Supreme Court found only 15 instances of bad courtroom demeanor, and “if they were going to find more they would have found more.”

One of the highlights of the forum was when 6th grader Aden Markwell questioned the candidates.

With the court system – and King County – facing significant budget reductions, will the option of community service as an alternative for paying fines for some offenses be limited?

“It’s a bit problematic,” Mahoney said, “but it should be allowed in some cases.”

With $101 of a $121 standard traffic fine going to the state, “tickets don’t make money,” she added. “The courts are not a for-profit business.”

Judges “should make their decisions on the basis of the case, on the basis of the law, on the basis of fines, and should not be counting pennies.”

Eiler said community service is allowed as an alternative in King County District Court “depending on the circumstances of the defendant,” calling it an “open policy.”

Judith Eiler: “Sometimes stern words from the judge is just what a teenage driver needs … and that they need to change their driving habits.”

But judges will not automatically reduce fines “because we are good stewards of the county’s money.”

They may make larger reductions in larger fines, such as $550 for driving without auto insurance, she said, “particularly if the person did the right thing and got insurance” before appearing in court.

Asked if telling young defendants that they’re “idiots” really works, Eiler said:

“Usually I tell them that “they’re driving like idiots….

“Sometimes stern words from the judge is just what a teenage driver needs … and that they need to change their driving habits.”

Mahoney said she believes “people come to court to have their cases adjudicated … you can certainly maintain the same message while maintaining the dignity of the office and giving them respect.

“You’re not there to be their teacher, their mom, their conscience, but to hold them accountable. That is the role of the judge.”

Asked if being tough reduces repeat offenders, Eiler said when a defendant comes back a second and then a third time, she asks them “what would have gotten through to you?” Almost always they say, ‘you didn’t do anything to me’.

“Maybe if I had been more forceful the first time,” they wouldn’t have offended again, she added. “It doesn’t work 100 percent of the time, but it does work.”

Mahoney said, however, that not every young defendant realizes that what they did affects others – such as increasing the cost of their parents’ auto insurance.

Sometimes getting them to understand that takes a little more time, “but don’t insult them. The minute you do that people shut down and they are lost.”

Everyone is invited tonight (Tuesday, Oct. 19th) at 7pm to a Candidates Forum, which will feature two women running for District Court Judge: Susan Mahoney vs Judith Eiler.

Moderating the debate will be Dave Markwell, author of one of our sister site The Waterland Blog’s most popular features: the Feel Good Friday column which appears every Friday.

“Dave Markwell is an outstanding writer, a humorist and philosopher, an observer of life all rolled into one,” said blog editor and publisher Scott Schaefer. “In fact, if Dave Markwell’s name was Mark Twain or maybe Erma Bombeck instead of Dave Markwell, well then, whenever we saw him we would all say something like ‘Hi Mark’ or ‘Hi Erma,’ instead of ‘Hi Dave,’ like we do call him because that’s his name.”

This forum is a little different: It’ll be kind of like being on jury duty, except YOU get to pick the judge.

Susan Mahoney, currently an Assistant City Attorney for the city of Des Moines, is challenging Judge Judith Eiler for her seat as a District Court Judge, where she has served for 18 years.

The duty of a District Court Judge is to hear and decide misdemeanor criminal cases, civil cases where damages amount to less than $50,000, small claims, traffic cases, and requests for domestic violence protection orders.

Dave Markwell

Judge Eiler told The B-Town Blog in an email last week:

“I am a judge who is passionate about my work. I believe that every person who leaves my courtroom should leave knowing more about the law, should leave a changed person, and should leave taking responsibility for their actions. The courtroom is the ultimate ‘teachable moment.’ It means that I am tough when I need to be.”

Susan Mahoney’s website says:

“Most people never enter a courtroom, but for those who do, a District Court is their window into the judicial system. It’s critical that we elect judges with the experience, commitment to impartial justice, and professional temperament needed to be effective on the bench.”

So head on up to the ERAC, (Educational Resource and Administrative Center), a Highline School District building, located at 15675 Ambaum Blvd. SW in south Burien, across the street from the Azteca Restaurant. It all starts at 7pm.

Your questions are more than welcome. Imagine: Getting to ask a judge questions!

The state Supreme Court has suspended Burien-based District Court Judge Judith Eiler for “extreme rudeness” in her local courtroom.

Eiler has served as a King County District Court judge for nearly 20 years, and, according to documents, had previously received numerous complaints about her behavior over the last 7-8 years. Statements in legal documents describe her courtroom behavior as “rude, intimidating, condescending, or demeaning.”

In the decision, four of the court’s nine judges agreed that Eiler had violated judicial ethics, but instead of the requested 90-day suspension, voted to impost a lesser, five-day suspension.

She had also been previously reprimanded in February, 2005 and April, 2009, for similar violations, but, the high court found, continued to behave “rudely.”

“Judge Eiler’s rude, discourteous, and impatient behavior was certainly unprofessional, but it did not go so far as to undermine the integrity and independence of the judiciary,” Johnson wrote in the lead opinion.

The case document also states:

…Judge Eiler had repeatedly “interrupted litigants; addressed them in an angry, condescending or demeaning tone of voice; threatened to rule against litigants who interrupted or annoyed her; and otherwise failed to conduct herself in a judicious manner.”

King County voters elected Eiler to the bench in 1992, and she has served there ever since, winning re-election many times while managing a caseload that primarily consisted of small claims and traffic infraction matters in which most, if not all, litigants appear pro se (representing oneself as opposed to hiring a lawyer).

The County says that Eiler has heard close to 100,000 such matters during her tenure on the bench.

Here’s Eiler’s full bio as posted on the District Court website:

Judge Judith Eiler served at the Federal Way Division of the King County District Court from 1992 through 2002. In January of 2003, the Federal Way Division was closed and Judge Eiler now serves as a Judge in the King County District Court, Southwest Division. The Southwest Division encompasses the cities of Federal Way, Des Moines, Normandy Park, and Burien. Judge Eiler and her family have lived in Federal Way for nearly 40 years.

Prior to being elected to the bench Judge Eiler practiced law in Federal Way for 12 years. She has been an active member of the Federal Way community. She has been a member of the Federal Way Branch of the American Association of University Women, a member of the Federal Way Chamber of Commerce, a member of the Rotary International and she was a founding member and past president of the Federal Way Women’s Network. She has also been active in Bar Association activities. She has been President of the South King County Bar Association, as well as its Vice President, Treasurer and Secretary. She has served as a Trustee on the governing board of the King County Bar Association and represented both the South King County Bar Association and the state-wide District and Municipal Court Judges Association at the Board of Governors for the Washington State Bar Association. Since 2007 Judge Eiler has served as an elected member of the Executive Committee of the American Bar Association’s, Judicial Division for Special Court Judges representing judges from the states of Washington, Oregon, Alaska, Idaho, Montana, Wyoming and Nebraska. Judge Eiler has served on the Executive Committee for the state-wide District and Municipal Court Judges Association and has served as the Assistant Dean of the State Judicial College, as well as chairing the State Judicial Education Committee.

In 1999 Governor Gary Locke appointed Judge Eiler as a Commissioner to the Washington Traffic Safety Commission. From 2004 to 2007 she was named as a Judicial Outreach Liaison by the American Bar Association and the National Highway Traffic Safety Administration to serve the states of Washington, Oregon, Alaska and Idaho. She has also taught as an Adjunct Professor of Law at Seattle University.

We’re curious to know if any of our Readers have had interactions with Judge Eiler, and if so, are they surprised at this decision? Please leave a Comment below…

by Scott Schaefer

According to The Olympian, on Tuesday (March 2), a federal judge dismissed a lawsuit alleging that 18 Washington cities, including Burien, were charging too much for traffic violations caught by red light cameras.

This means that all Washington state cities with red light cameras will be able to continue charging their current fines, many of which are set at $101 and above.

The “order of dismissal” was issued by U.S. District Court Judge John C. Coughenour in Seattle, and this ends a lawsuit in which more than 40 drivers claimed that fines issued from red light cameras exceeded the amount intended by state law.

As we’ve previously reported, attorneys for the plaintiffs were seeking class-action status over a 2005 law that says traffic-camera fines “shall not exceed the amount of the fine issued for other parking infractions within the jurisdiction,” according to the complaint.

Burien has five red light cameras, which have been up and running since last March, and according to a city e-newsletter, were averaging “around 540 infractions per month” back in October 2009 – equaling a projected gross of over $654,000 in its first year of operation.

Burien currently sends out a $101 fine for red light infractions, with five cameras operating at these three intersections (see map below):

• 1st Avenue South at SW 148th Street
• 1st Avenue South at SW 152nd Street
• 1st Avenue South at SW 160th Street

The camera earning the most money currently is the westbound one at SW 148th Street and 1st Ave South, which (as of Oct. 2009) generated about 35% of the total infractions, or 189 per month (just over 6 per day), equals to a monthly gross of $19,089 – or more than $229,000 annually, which on its own surpasses the original citywide $200k projection.

The cameras operate 24 hours a day and capture still photos and video of every vehicle that runs a red light at the intersection. After being processed by manufacturer RedFlex, the videos are accessed by Burien police through a website, where they are analyzed by an officer who decides whether or not to send out a ticket.

Other cities named in the lawsuit included:

• Auburn
• Bellevue
• Bonney Lake
• Bremerton
• Federal Way
• Fife
• Issaquah
• Lacey
• Lake Forest Park
• Lakewood
• Lynnwood
• Puyallup
• Renton
• SeaTac
• Seattle
• Spokane
• Tacoma

So, to all your speeders out there – don’t expect any reduction in red light camera fines.

And to the City of Burien (and all other cities with these device$) – let’s hope you put the massive revenues from this semi-automatic “cash cow” to good use during these economic times.

PREVIOUS COVERAGE:

• Class Action Lawsuit Filed Against 19 Cities, Including Burien, Over Red Light Camera Fines
• Burien’s Red Light Cameras On Track To Gross Over $654,000 In First Year, Nearly 3x Projected Revenue
• Burien’s Red Light Camera Citations Are “In The Mail”
• City Official Addresses Red Light Camera Concerns
• Red Light Cams Go Live Sun.;To Bring In $200k In 1st Year?
• Burien Speeders Beware: Red Light Cameras Start Mar. 1st

Julia is running for King County Superior Court, Position 22.

Julia served as Judge Pro Tem, King County Superior Court, for ten years.

She has served as both a prosecutor and a public defender.

She earned her BA at the University of Washington and her law degree at Gonzaga.

The Municipal League of King County has rated her “Outstanding.”

She is endorsed by the Seattle Times.

“Judges are public servants and our community is best served if those positions are filled by individuals who can balance hard work, compassion, integrity and wisdom in upholding the laws of the State of Washington,” she said.

Learn more about Julia Garratt at her website:  www.garratt4judge.com

He may not have garnered the large number of votes that his incumbent competitor did, but as of 10:30pm Tuesday night, Burien’s own Matt Hale (profiled first on the BTB here) looks like he’s going to make it onto the November ballot since today’s primary was a “top two” election and “Write-in” didn’t get enough votes (right on Matt – you beat “Write-in”!):

Matt Hale has been starting early and thinking big since his early days here in Burien, and he’s still tackling early and big things today.

The 1998 graduate of Highline High School, who was already taking college courses at age 17, is running for a seat on the King County Superior Court.

He’s wasting little time pursing his longtime dream.

“I’ve always wanted to serve on the bench. I was talking with a friend about my goals and he said ‘Well, why don’t you run now?’ And I decided ‘I’ll do it.’”

You may have seen his orange and blue yard signs around town recently.

He’s taking on two-term incumbent Laura Gene Middaugh, wife of State Senator Adam Kline.

Matt is currently an attorney at Wiener, Lambka & Deutscher, a Seattle-based personal injury firm.

He earned an academic scholarship that helped pay his tuition at Gonzaga University Law School. He earned his BA in Political Science at Gonzaga. Before that, he pursued writing and public speaking while earning his AA at Highline Community College.

His work experience has included employment at local hardware stores. In Spokane, Matt helped counsel people in crisis, answering an emergency telephone hotline.

He feels one change the court might look at is the role played by the citizen juror.

“A friend of mine was called and he told the judge that to serve might literally cost him his house. He was living from check to check,” Matt says.

“Perhaps there might be a way in the future for the court system to ease the burden of jury duty.”

The mere process of running for office has been a learning experience.

“Campaigning has helped me more fully realize how wonderful not only Burien is, but what great people the residents of King County really are.”

“I am moved by the importance of the service to the community that judges provide from the bench. That knowledge and awareness, in itself, is humbling,” he said.

You can meet Matt, his wife Nicole, and his team at a campaign fundraiser this Sunday afternoon, July 20, at HiLine Lanes, 15733 Ambaum Blvd SW, in Burien. It runs from 1 to 4pm.

Find more info go to: www.peopleformatthewrhale.com

View Larger Map