From In re David S. Keenan, decided Feb. 5 by the Washington Commission on Judicial Conduct but just posted on Westlaw (some paragraph breaks and numbering deleted); the opinion is signed by members Ruth Reukauf, Robert Alsdorf, Ramon Alvarez, Wanda Briggs, Kristian Hedine, Rich Melnick, and Michael Tate:
At all times pertinent hereto, Judge Keenan was a Superior Court Judge [in the civil department] for King County, Washington….
Judge Keenan had significant disadvantages as a child that he was able to overcome. North Seattle College played a large role in helping him overcome those disadvantages. Judge Keenan dropped out of high school after three long-term suspensions from public school. He received encouragement to get his General Educational Development credential (GED) from North Seattle College. He has multiple degrees from the college and has a strong allegiance to the school….
In July 2019, after Judge Keenan delivered a commencement speech for the college, a staff member asked Judge Keenan to appear in bus ads for the college. He agreed to appear in an ad promoting the college. He knew the ad would appear on buses. In part, Judge Keenan was motivated to reach non-traditional applicants to enter the pipeline to law school. Judge Keenan knew the ad was part of a student recruitment campaign aimed at increasing enrollment. He knew that increased enrollment would economically benefit the college….
{Judge Keenan has volunteered and continues to volunteer his time with a number of organizations that promote access to justice, diversity, and equality in the law.} In August 2019, the ad ran on buses in King County, with the following text: "A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David's changing the world. He started at North." The ad included a photo of Judge Keenan.
The language of the ad can reasonably be read to express a preference or commitment in favor of marginalized communities. Judge Keenan admitted the ad could confuse the public into thinking that he, as a judge, advocated for marginalized communities.
At the time the ad ran, Judge Keenan was not actively running for office. It was not an election cycle for his position. [But t]he ads could be viewed by a reasonable person as campaign ads for Judge Keenan. The ads provided Judge Keenan with face and name recognition to the public in the same jurisdiction where he runs for office….
The Commission concluded this violated the Rules of Judicial Conduct, and merited a public admonishment as a sanction:
