Exclusive: Tri-Cities judge will avoid jail time after 2nd DUI. But it comes at a price

A Tri-Cities judge has entered into an agreement that could allow him to avoid jail time for a second DUI arrest, but comes with years of required treatment for alcoholism.

Benton County District Court Judge Terry M. Tanner Jr. appeared in person at the Yakima County District Court in Grandview on Tuesday, where he agreed to accept a deferred prosecution agreement to resolve his the DUI charge.

The 5-year deferred prosecution agreement was approved by District Court Judge Gary Hintze.

Tanner had been charged with his second DUI in five years after crashing his Cadillac into a concrete block in Richland in early January.

He took a month-long leave of absence and has since been back at work, but with limited duties.

Deferred DUI prosecution

Hintze warned Tanner that the agreement shouldn’t be taken lightly, as the consequences for failing to meet the obligations are severe.

Under the agreement Tanner will be required to continue treatment for alcoholism, as well as keep an ignition interlock device in his car for the 5-year term. He could also be regularly tested for alcohol consumption during that time.

Under Washington law, the treatment portion of the program lasts two years, and three years after that, Tanner will be eligible for the charge to drop off of his record if he successfully completes the program.

If he violates the agreement, a judge can simply look at the police reports and find him guilty of the original charges. He would then likely face a sentence between 30 and 364 days in jail.

A deferred prosecution for a DUI can be granted only once, and requires a diagnosis of either alcoholism, substance addiction or mental health issues. Tanner also has to agree to waive his right to a speedy trial and the ability to call witnesses or present evidence in his defense.

The treatment portion of the program comes with a list of requirements regarding sobriety.

Tanner will have to attend at least two self-help recovery group meetings each week, such as Alcohol Anonymous, weekly outpatient counseling for the first six months and then monthly outpatient counseling for the rest of the term.

It also requires extensive recovery treatment, which Tanner provided documentation to the court showing he had already started.

Tanner told Hintze he already has completed a 28-day, in-patient treatment program and is nearly finished with an “intensive outpatient treatment” program that required three hours per night for four days each week.

“I recognize that this is the only thing that is going to save my life and others,” Tanner said.

Tanner said he is fully prepared to commit to the extensive treatment and recognizes he can never drink alcohol again.

Judicial conduct

While Tanner’s legal issues may be resolved, he still could face discipline from the Washington Commission on Judicial Conduct.

Typically the commission does not begin disciplinary proceedings until after criminal cases are concluded.

Tanner was previously reprimanded for his 2018 DUI.

Typically the commission reaches a disciplinary agreement with the judge, as was the case in 2018.

The reprimand included an agreement that he would meet all the criteria of his sentence, engage in public speaking appearances about the crime and refrain from repeating the behavior, a spokesperson for the commission previously told the Herald.

The three levels of disciplinary action that can be taken by the commission, in order of severity, are an admonishment, a reprimand and censure.

In the reprimand, Tanner was warned that further legal trouble could result in undermining the integrity of the judiciary and undermine public confidence.

The commission spokesperson said past disciplinary action and the circumstances of the incident are one of a number of aggravating factors the commission considers.

With a censure, the commission also can recommend suspension to the state Supreme Court with or without pay or removal from office.

Tanner is a former Richland city councilman and was appointed to District Court in 2009. He was re-elected last November to a new 4-year term after running unopposed.

The annual salary for full-time District Court judges in Washington in 2022 was about $193,000. They preside over misdemeanor charges, such as DUIs, traffic offenses and minor assaults, as well as civil actions, such as small claims court.