District court judge pleads guilty to negligent driving

Richard Fitterer avoids DUI conviction

Grant County District Court Judge Richard Fitterer pleaded guilty to first-degree negligent driving last month in King County district court after prosecutors were unable to proceed with a drunken-driving charge.

Fitterer was arrested and charged with driving under the influence of alcohol after he was pulled over driving home from the Apple Cup football game last November 22.

Dan Donohoe, spokesman for the King County Prosecutor's Office, said District Court Pro Tem Judge Frank Lasalata suppressed the Breathalyzer tests taken by police during the pullover.

"Without that, we felt we couldn't go forward any, and we accepted the plea," Donohoe said.

Fitterer received a 90-day suspended sentence, which means he must maintain a clean record for 12 months, and a $650 fine, Donohoe said. Fitterer must also attend a victim's panel and alcohol-information school, Donohoe said.

Fitterer was pulled over by Washington State Patrol Officer Troy Metcalf for driving 73 miles per hour in a 60-mile-per-hour zone on eastbound Interstate 90, according to Metcalf's report.

He was arrested on suspicion of driving under the influence after Fitterer told Metcalf that he had consumed a couple drinks and performed a field sobriety test, according to the report.

Later, at the police station, Fitterer blew a .13 blood-alcohol content on a Breathalyzer, then .14, according to the report.

Bill Bowman, Fitterer's attorney, said he had problems with some "procedural aspects" of the Breathalyzer test. When prosecutors could not produce the necessary witnesses, Bowman said he probably could have moved to dismiss the entire case, but Fitterer chose to take the offered plea.

"He has accepted responsibility from day one, and he has showed a tremendous amount of character throughout this whole ordeal," Bowman said of Fitterer.

Bowman added that Fitterer informed Grant County prosecutors, defense attorneys and the state bar that the case was pending, and he offered to recuse himself from any cases if asked.

Fitterer is now waiting to hear from the state Judicial Conduct Commission to see whether he will receive any further sanctions, which could range from an admonition to removal from the bench, Bowman said.

The most likely sanction for Fitterer, Bowman added, is a reprimand, which requires him to appear before the Judicial Conduct Commission in Olympia to hear it.

Fitterer's four-year term as district court judge ends in 2006.