Judge Sperline did not violate open justice
Evan Sperline, Grant County Superior Court Judge
EPHRATA - A state appellate court ruled this week that Grant County Judge Evan Sperline did not violate the public's right to open justice when he closed a hearing involving a first-degree murder suspect last year.
Sperline closed the hearing when defense attorney N. Smith Hagopian told him that his firm was representing the judge's adult daughter in a separate matter.
"Concerned that the new case might create a conflict of interest for himself or for the judge, Mr. Hagopian advised the deputy prosecutor of his intention to ask the judge to close the courtroom to consider the matter. The deputy (prosecutor) objected to any discussion that was not on the record," the ruling stated.
Sperline cleared the courtroom and allowed the closed-door hearing.
Deputy Prosecuting Attorney Kevin McRae and Prosecutor Angus Lee objected to closing the hearing. Lee said later that he was afraid that closing the hearing would disallow a possible future guilty verdict.
According to the ruling, a panel stated the Lee advised the court "that the new client was the judge's daughter and argued that any embarrassment to the judge or his daughter was an insufficient basis to close the courtroom."
Lee explained some history with the Open Courts Doctrine.
"Over the last few years the Washington appeals courts have reversed convictions from across the state for violations of the Open Courts Doctrine. In order to ensure that we don't see any convictions reversed locally for violation of that doctrine we are making it a general practice of objecting to most motions to close the courtroom or seal a file," Lee stated after the court's ruling.
According to the three-judge panel that had access to the closed hearing transcripts, Sperline "did not believe the counsel's representation of his adult daughter in an unrelated case in another county (Chelan) created any conflict issues."
The appellate judges warned that "appearing to cover up allegations of bias can only hurt public perception of a judge's fairness."
Hagopian said that he was still representing Rocha but declined to represent Sperline's daughter in the unrelated matter.
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