Sandra Ferguson WSBA Action: Hearing Officer Did Not Have Jurisdiction
Thoughts about the Sandra Ferguson WSBA Disciplinary Action. The hearing officer in the Ferguson case was not qualified to act. He did not have jurisdiction.
At the time of the proceedings against Sandra Ferguson, Stanley Bastian was the president elect, president and/or past president of the Bar Association. Prior to that, Mr. Bastion was a member of the Bar Board of Governors. Mr. Bastian was also a member of firm of Jeffers - Danielson and a fellow shareholder and employee, of James M. Danielson.ELC 2.6 (e)(4)(a) “[h]earing officers should disqualify themselves in a proceeding in which their impartiality might reasonably be questioned, . . . ” Surely, Jeffers - Danielson and James M. Danielson’s “impartiality might reasonably be questioned” and objectively so under the circumstances. They were disqualified. And any action of them or by them as chief hearing officer was without jurisdiction, even the discretionary appointment of a hearing officer from a list of hearing officers the chief hearing officer controlled and had duties with respect of. ELC 2.5(f).