Emails: Judge Basden’s Tirade Over Newspaper Scrutiny Regarding Judicial Appointment Process
In an aggressive email that was sent on the evening of November 30, 2020, at 7:45 PM, Clallam County Superior Court Judge Brent Basden took former Clallam Commissioner Bill Peach to task over public comments criticizing the judicial appointment process.
The email, bearing the subject line “Judicial Independence,” reveals a tense exchange between Basden and the county commissioners over the early retirement of judges.
Basden wrote to Peach, “I usually don’t spend much time responding to what I read in the newspaper, but I found the words attributed to you in Sunday’s paper to be disheartening.”
The day before, Peach was quoted in an article in the Peninsula Daily News, stating:
“I really don’t appreciate this wink-wink, nod-nod of superior court judges stepping down a year before the end of their term, and that allows the governor to make a decision and not serve to the end of their term.”
A Pattern of Thin Skin and Deflection
Much like his recent courtroom outbursts labeling investigative journalism as “cyberbullying,” Basden’s 2020 email showcases a judge who is highly sensitive to public criticism.
Instead of addressing the commissioner’s legitimate concerns regarding transparency, Basden launched into a defensive tirade, claiming Peach’s remarks “can only have the effect of undermining the legitimacy of the judiciary.”
Basden further scolded the elected commissioner, calling it “irresponsible” to suggest any “underhanded or secretive effort between two branches of government to influence appointment of superior court judges in Clallam County.”
Basden complained that it was “disappointing” Peach would make these comments publicly without consulting the judges first to “test your theory.”
Whataboutism from the Bench
In an attempt to shift the focus, Basden employed a classic deflection tactic and pointed fingers.
He drew a parallel between the Superior Court vacancies and the County Commissioners’ process regarding District Court II.
In a remarkably sarcastic tone for a presiding judge, Basden wrote, “I don’t suppose that there was any winking or nodding going on between the County Commissioners and Judge Rohrer, but if there was, maybe that should be disclosed.”
Defending the Governor’s Back Room
Basden then took it upon himself to act as a spokesperson for former Governor Jay Inslee’s office. According to Basden, the governor’s office does “not enjoy the appointment process” because “it takes an incredible amount of work for them.”
Basden defended his own appointment by stating that neither Governor Inslee nor his assistants ever asked about his “political leanings, religious beliefs, age, gender, sexual orientation, or other such matters.” Basden boldly claimed there is “tremendous diversity in the personal ideology of judges” appointed by Inslee across the state.
To emphasize his frustration with the scrutiny, Basden cited his conversations with retiring judges:
He claimed he personally told Judge Melly he preferred he retire in a way that allowed his replacement to be chosen by election.
He stated that both he and Judge Erickson repeatedly encouraged retiring Judge Coughenour to finish his term.
He insisted that retiring judges leave based on “their own personal desires,” rather than any effort to collude with another branch of government.
A Disservice to Free Speech?
Basden closed his email by leveraging his personal relationship with Commissioner Peach, noting, “Bill, I have considered you a friend and have enjoyed the chance to work together.”
Yet, true to his pattern of trying to suppress dissent, he quickly pivoted back to scolding, stating that suggesting anything underhanded publicly without evidence is “unfair and a disservice to the judiciary.”
Whether it’s accusing the press of cyberbullying or berating a county commissioner for daring to question the timing of judicial retirements, Judge Basden repeatedly demonstrates a troubling hostility toward robust public debate.
As a public figure making decisions that impact the entire county, scrutiny is simply part of the job description.
A copy of Judge Basden’s two page email to Commissioner Peach is available here.
He finds criticism of the appointment “disheartening” “unfair” and sends an email, cc’s all the bench, titles it “judicial independence”. He clearly didn’t understand our independent judiciary. The Judicial Canon 1.2 states clearly that a judge must expect and accept harsh scrutiny. No one person’s criticism weakens the independence of the judiciary, to the contrary, the judiciary stands independently despite the criticism. We need some smarter judges.
As an attorney and former Callam County Commissioner who has followed or been involved in Clallam County politics for over 50 years, I can assure you that it has always been assumed that judges retiring before the end of their term is to allow the Governor to appoint their successor. And this is no coincidence. It is a practice associated with the age-old debate as to whether judges should be appointed or elected. Having them appointed to fill a vacancy and then having them stand for election is thought by some to be a middle ground between the two extremes. Why a specific judge retires early can never be known with certainty, but it is fair to believe that in the bigger picture most judges do retire early for this reason. While I have not been known to be a staunch supporter of former County Commissioner Bill Peach, and to stand up for the office of a County Commissioner, I have to say Bill was well within his rights to express his opinion as reported in this article by The Olympic Hearld. I suppose Judge Basden was well within his rights to express his opinion regarding Bill Peach's statement, but I think it was an error to do so.