# In Re the Disciplinary Proceeding Against Kaiser

> Washington Supreme Court · July 15, 1988 · 111 Wash. 2d 275

URL: https://www.frixlaw.com/law-library/cases/9564906

## Case

- **Full name:** In the Matter of the Disciplinary Proceeding Against James C. Kaiser, Judge of Northeast District, Redmond
- **Court:** Washington Supreme Court
- **Decided:** July 15, 1988
- **Citations:** 111 Wash. 2d 275; 759 P.2d 392
- **Precedential status:** Published
- **Opinion:** Concurrence by Andersen
- **Judges:** Dore, Andersen, Pearson
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9564906

## How later opinions describe it (automated extraction)

- holding statements of party affiliation do not refer to subject relevant to judicial qualification and therefore are not protected by First Amendment
- concluding judge violated prohibition on stating party affiliation by stating past affiliation

## Opinion text

Andersen, J.
(concurring) — I concur with Justice Dore's opinion except in one respect; I would not reach the issue of Judge Kaiser's constitutional free speech rights. This is because Judge Kaiser's statement that "My opponent . . . has received the majority of his financial contributions from drunk driving defense attorneys" is false, and in this context is not entitled to constitutional protection. See CJC Canon 7B(l)(c); In re Donohoe, 90 Wn.2d 173, 181-84 , 580 P.2d 1093 (1978); In re Baker, 218 Kan. 209 , 542 P.2d 701 (1975). "A reviewing court should not pass on constitutional issues unless absolutely necessary to the determination of the case." State v. Hall, 95 Wn.2d 536, 539 , 627 P.2d 101 (1981).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9564906. Public record. Not legal advice.