Benton District Judge Terry Tanner should resign. His first DUI was his 2nd chance | Opinion

After a second DUI arrest and the ensuing loss of public trust, Benton County Judge Terry Tanner can best serve his community by resigning.

In January, Tanner crashed his car in Richland. He was so drunk, witnesses reported, that he couldn’t stand up on his own. When police arrived, he lied about the incident and his involvement. Those lies are especially troubling from someone with the power to compel the truth at trial and punish those who lie.

One must not diminish the seriousness of Tanner’s actions. He put lives at risk when he got behind the wheel after drinking. But it’s important not to single him out as a unique case. People from all walks of life can suffer from a substance use disorder or drive drunk. Even a Washington Supreme Court justice was arrested for DUI in 2003. She got a second chance. Redemption is possible.

And if this had been a first offense, maybe Tanner, who has been a well-respected jurist, gets another shot. But this wasn’t his first DUI. He drunkenly crashed his car in 2018 and got his second chance.

The Washington Commission on Judicial Conduct reviews cases involving judges and can recommend sanctions. After the 2018 incident, it decided to give Tanner another chance with the expectation he would not do this again. He violated that trust.

A two-time offender who lies to law enforcement no longer belongs on the bench. Tanner has lost the trust of many in the community and some local attorneys who spoke to the Herald. Benton County Prosecutor Eric Eisinger has called for Tanner’s resignation and will seek to bar the judge from handling any cases from his office.

Tanner cannot effectively sit in judgment under those circumstances. He no longer will be allowed to handle any DUI case, shifting that workload onto other judges. It also does not alleviate concerns for prosecutors and defendants in all of the other cases that somehow involve alcohol or other substance use disorders.

After this most recent incident, the Commission on Judicial Conduct recommended censure, its highest sanction for finding his conduct detrimentally affected the integrity of the office and undermined public trust, and suspension for a month, along with alcoholism treatment and random screenings.

The decision stopped short of recommending that the Supreme Court remove Tanner from office. It should have taken that additional step because the public cannot have its say until he’s up for re-election in three years. A judge who so flagrantly violated his ethical and professional duty doesn’t deserve a third chance.

Resignation will not deny Tanner his livelihood. He will remain a lawyer and be able to practice law.

This case reinforces the common perception that professional review boards go easy on their own. Five attorneys/judges and six non-lawyer Washingtonians serve on the commission. That gives a narrow majority to the laypeople, but professionals on such boards often hold strong sway. They are, after all, the ones who understand what it’s like to do the job. Yet that closeness can lead to unwarranted leniency justified as professional courtesy or empathy – “There, but for the grace of God, go I.”

The state Code of Judicial Conduct is clear that judges must be held to the highest standard: “Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence.”

Tanner twice failed to meet that standard. Now it’s up to his conscience to do what the judicial commission would not.

Alcoholism, like any substance use disorder, is a disease that is tremendously challenging to overcome. Tanner appears to be taking the right steps, but he should have done that five years ago. He’s shattered the community’s trust and no longer belongs on the bench.

Be of service to Benton County one last time, Judge Tanner, and resign with a shred of dignity.