KENNEWICK — A Tri-Cities Superior Court judge is resigning ahead of a May hearing on whether he broke the law.
Judge Sam Swanberg announced late Thursday that he will leave his spot on the bench on May 17, three days ahead of a Commission on Judicial Conduct hearing.
Six members of the commission, which includes judges, attorneys and members of the public, were expected to decide whether Swanberg violated three of the codes that guide judicial behavior.
Swanberg was accused of breaking the law, acting in a way that hurt the public’s trust in judges and using his office to advance his personal interests, according to a statement of charges filed by the commission late last year.
His attorney Scott Johnson, said in a release on Thursday that Swanberg wanted to return to private practice and spare the public a “political grandstanding” hearing and “a legal circus.”
Swanberg has faced a series of legal troubles since 2021, including an anti-harassment order and accusations of domestic violence.
While Swanberg was acquitted of domestic violence charges in Franklin County District Court, six members of the state commission were going to judge whether he broke the law.
Johnson lashed out at the commission in the released and said they refused to honor the 2022 jury verdict that found Swanberg acted in self-defense.
“The commission set up a system whereby Judge Swanberg would have to defend himself against accusations he was already acquitted of because the commission disagrees with the jury verdict,” Johnson wrote.
The commission is acting as “judge, prosecutor and jury” in the hearing, and Swanberg doesn’t have a fair chance to defend himself, Johnson said.
Swanberg thanked his family, colleagues and the people who supported him as a judge.
The Commission on Judicial Conduct did not respond immediately Thursday to Johnson’s accusations.
Swanberg served for six years as one of seven Benton-Franklin Superior Court judges who handle civil and felony criminal cases, divorces, paternity and custody issues. He was appointed to the position in 2017, elected in 2018, and 2020 and was up for election again in 2024.
“His work as a Superior Court judge has allowed him to help litigants find justice in trying and complicated circumstances,” Johnson said.
“Serving the people of Benton and Franklin counties as a Superior Court judge has been the fulfillment of a distinguished decades-long legal career,” he wrote.
It will now be up to Gov. Jay Inslee’s office to pick a new person to fill the seat. It’s unknown when that decision will be made.
Judge accusations
The judge’s troubles started in late 2021 when former girlfriend Sila Salas asked for an anti-harassment order in Benton County to keep him from bothering her.
The two started dating in spring 2021 when Salas worked for the Franklin County Clerk’s Office in the courthouse in Pasco.
As part of that case, his ex-wife Stephanie Barnard, now a state legislator, said she suffered years of mental and physical abuse at his hands. They’d been married 33 years and have six children.
While Swanberg did not fight Salas’ anti-harassment order, he denied abusing Barnard.
Her accusations led to a Franklin County sheriff’s investigation and two charges of fourth-degree assault with domestic violence allegations. He was acquitted of those charges following a short trial in 2022.
Swanberg alerted the commission in 2022 that he was the subject of an anti-harassment order and that kicked off the commission investigation.
After conducting its own investigation and the conclusion of the criminal case, the commission started disciplinary proceedings. Swanberg was served with a statement of allegations in October 2022 and he responded the next month.
Nearly a year later, the commission believes it has enough proof to level charges against Swanberg for violating the code of judicial conduct.
Johnson previously pointed out that the charges are only allegations, emphasizing that Swanberg was acquitted of any criminal wrongdoing in Franklin County.
