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No charges for judge who cut trees (9th circus)
SEATTLE POST-INTELLIGENCER REPORTER ^ | anuary 7, 2003 | SAM SKOLNIK

Posted on 01/07/2003 10:32:15 AM PST by TheErnFormerlyKnownAsBig

No charges for judge who cut trees Prosecutor's decision angers park authorities

By SAM SKOLNIK SEATTLE POST-INTELLIGENCER REPORTER

It was wrong for a federal judge who wanted a better view of Lake Washington to allow his gardener to cut down 120 trees in a public park. But the judge committed an error, not a felony, King County prosecutors decided yesterday.

Jerome Farris, a senior judge with the 9th U.S. Circuit Court of Appeals, mistakenly believed he had permission from the city to cut down the trees in Colman Park next to his gated home, King County Prosecutor Norm Maleng said at a news conference. Farris has cooperated fully with the investigation, Maleng said.

Maleng's decision, which came months after the park damage was discovered, angered Seattle park authorities and environmentalists.

"This tree massacre was a criminal violation; it is against the law to cut trees on public property to enhance private views," said Lauren Braden, the Audubon Society's Seattle-based advocate for wildlife habitat. "This person deserves just punishment."

Maleng referred the case to the City Attorney's Office, which is weighing both a civil suit and misdemeanor criminal charges against the judge. The damage to the park may cost $200,000 or more to make right.

County prosecutors decided against pursuing malicious mischief charges against Farris, accusations usually reserved for such vandals as graffiti artists, Maleng said.

"Based on investigation, I have concluded that the trees were cut down as a result of a series of misunderstandings," Maleng said.

"Park property was injured and must be restored. That principle is not in dispute by any party to this matter, including Judge Farris, who has pledged his intention to repay the city for the costs related to cleanup and restoration of Colman Park."

In August, Seattle Parks and Recreation crews discovered that more than 120 mature bigleaf maples and indigenous cherry trees, some of them more than 40 years old and reaching heights of up to 55 feet, had been cut down within a three-quarters-of-an-acre plot next to Farris' home.

Park department authorities were distressed about Maleng's ruling.

"I'm very disappointed in the prosecutor's decision," Parks and Recreation Superintendent Ken Bounds said in a statement. "This was an opportunity to send a strong message to the public that it is illegal and wrong to remove publicly owned trees for any citizen's benefit, and they missed it."

Added Mark Mead, senior urban forester with the park department: "This is the worst case that we've seen in the last 15-20 years. Paying for a replanting does not really compensate the city for the loss of the trees."

Mead said the trees would cost $135,000 to replace, and it would further cost city officials another $70,000 for planting and refurbishment. If the city pursues a civil suit under timber trespass laws, however, it could request triple damages for the violation, totaling more than $600,000.

Farris, 72, who as a senior judge occasionally still presides over appellate cases in Washington state and elsewhere, apologized yesterday.

"I could never intentionally engage in any conduct which would damage or otherwise diminish the value of any park," Farris said. "I deeply regret that this incident occurred." Farris said he mistakenly believed he had permission from the city to cut the trees down, based on a 1981 agreement allowing him then to trim some of the trees. He said his gardener had also misunderstood instructions given to him in July regarding the trees and other projects on his property.

City Attorney Tom Carr will decide what legal course to take against the judge by the end of the week, office spokeswoman Kathryn Harper said. Filing a misdemeanor or gross misdemeanor criminal charge against Farris is still a possibility, she said.

John Wolfe, Farris' Seattle attorney, said he was "dumbfounded" the city was even considering filing a suit or pressing criminal charges, after Maleng dropped the case and when his client is cooperating. "I think we can resolve this without the expense of litigation," he said.

Neighbors of Farris in Mount Baker and local environmentalists said the tree cutting deserved "just punishment."

"There were a lot of people who were pretty outraged about this abuse of common park space," said Kimberly Burroughs, president of the Mount Baker Community Club. The club, she said, has had heated meetings on the topic.

P-I reporter Sam Skolnik can be reached at 206-467-1039 or samskolnik@seattlepi.com P-I reporter Kathy Mulady contributed to this report.


TOPICS: Activism/Chapters; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: Washington
KEYWORDS: 9thcircuit; enviromentalwackos; ninthcircus
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1 posted on 01/07/2003 10:32:15 AM PST by TheErnFormerlyKnownAsBig
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To: big ern; Libertina
FYI
2 posted on 01/07/2003 10:33:27 AM PST by TheErnFormerlyKnownAsBig
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To: big ern
Farris, 72, who as a senior senile (?) judge occasionally still presides over appellate cases in Washington state and elsewhere, apologized yesterday.
3 posted on 01/07/2003 10:38:10 AM PST by NormsRevenge
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To: big ern
How dare these peons question a member of the Ruling Class.

Put them to death!

Crucify them using lumber cut from the trees!

Leave the bark on the trees where their impudent backs will touch them!

ALL HAIL OUR GLORIOUS JUDGES! (Roman Salute)

4 posted on 01/07/2003 10:39:25 AM PST by DWSUWF
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To: big ern
Regular folk have been shot by the police for doing the same thing on their own personal property! Time for a few pilots with good will to dump a manure/glue slurry on the good judges estate from a thousand feet.
5 posted on 01/07/2003 10:39:35 AM PST by blackdog
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To: big ern
You can't expect them to have to live by the same laws as the peasants, can you?
6 posted on 01/07/2003 10:39:42 AM PST by Blood of Tyrants
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Farris said he mistakenly believed he had permission from the city to cut the trees down, based on a 1981 agreement allowing him then to trim some of the trees. He said his gardener had also misunderstood instructions given to him in July regarding the trees and other projects on his property.

trim..? sounds like a Marine Boot Camp interpretation of a little off the top to the barber. :-o
7 posted on 01/07/2003 10:40:17 AM PST by NormsRevenge
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To: Dead Dog
I remember a fellow up your way that fixed the stream that ran through his property so the the Salmon and Steelhead had a better route to the spawning grounds, that ran ACROSS HIS OWN PROPERTY, but he did it without a permit and they are making him pay to put it back and they filed charges against him.

Just a misunderstanding when a Federal Judge destroys property but when a subject enhances the land to everyone's benefit it's a crime.
8 posted on 01/07/2003 10:42:29 AM PST by TheErnFormerlyKnownAsBig
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To: big ern
Since there is no party affliation mentioned we can assume he is a RAT. What view would be better than 120 trees anyway? A sunbather in a bikini?
9 posted on 01/07/2003 10:43:37 AM PST by justshutupandtakeit
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To: justshutupandtakeit
The Puget Sound and Olympic Mountains or the Cascades and Mt. Raineer. Your talking about the difference of 100,000 bucks or more in home value.
10 posted on 01/07/2003 10:45:12 AM PST by TheErnFormerlyKnownAsBig
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To: big ern
These ninth circuit clowns are to judges as Clinton is to integrity.

They are good as a bad example of judicial thought.
11 posted on 01/07/2003 10:45:35 AM PST by justshutupandtakeit
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To: justshutupandtakeit
Carter appointee:

Farris, Joseph Jerome
Born 1930 in Birmingham, AL

Federal Judicial Service:
U. S. Court of Appeals for the Ninth Circuit
Nominated by Jimmy Carter on July 12, 1979, to a new seat created by 92 Stat. 1629; Confirmed by the Senate on September 26, 1979, and received commission on September 27, 1979. Assumed senior status on March 4, 1995.

Education:
Morehouse College, B.S., 1951

Atlanta University, M.S.W., 1955

University of Washington, J.D., 1958

Professional Career:
U.S. Army Signal Corps, 1952-1953
Private practice, Seattle, Washington, 1958-1969
Judge, Court of Appeals, State of Washington, 1969-1979
12 posted on 01/07/2003 10:47:27 AM PST by writmeister
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To: big ern
But the judge committed an error, not a felony

And I'm sure that a defendant offering this explanation in his court would recieve a sympathetic hearing -- NOT.

13 posted on 01/07/2003 10:50:25 AM PST by steve-b
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To: justshutupandtakeit
Since there is no party affiliation mentioned we can assume he is a RAT.

You got that right!

If this Bozo had been a Republican the headline would have read:

"REPUBLICAN MURDERS INNOCENT TREES IN PARK"

But then, we all know we are all equal (before the law). Some, however, are more equal than others. *groan*

14 posted on 01/07/2003 10:53:11 AM PST by elbucko
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To: big ern
In any advanced society, civil servant is semantically equal to civil *master*.

-R.A. Heinlein
15 posted on 01/07/2003 10:57:57 AM PST by FreedomPoster
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To: big ern
9th Circuit? That means most likely he is a wackjob.

Of course, the rules and laws don't apply to him.
16 posted on 01/07/2003 11:01:25 AM PST by Guillermo ('Sic em)
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To: big ern
I see he attended Morehouse College, B.S., 1951. Morehouse is known as a "historically black college." I would guess that the judge is not only a Democrat but a black Democrat. That makes him pretty well untouchable. Now if he had been a black Republican, they probably would have crucified him.
17 posted on 01/07/2003 11:04:52 AM PST by Cicero
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To: steve-b
I have always wondered if a judge who has had a DUI arrest can preside over a DUI case in his or her own court? Their error, is another person's felony.
18 posted on 01/07/2003 11:13:36 AM PST by blackdog
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To: Cicero
they probably would have crucified him.

They had the trees.

19 posted on 01/07/2003 11:14:31 AM PST by lepton
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To: writmeister
"And the old boy sat calmly gazing at his new view from the elegant summerhouse in his backyard, musing that anyone would begrudge him the rights due his office."
20 posted on 01/07/2003 11:14:36 AM PST by widowithfoursons
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