Jack Tanner, federal judge known for controversial decisions, dies

U.S. District Court Senior Judge Jack Tanner — known for his sometimes controversial decisions, his civil rights activism and his outspoken belief that the courts ought to be a place where people of any color, gender or class could find a measure of justice and equality — died peacefully at his home with family Tuesday night.

He was 86.

Judge Tanner, who grew up in Tacoma, attended the University of Washington Law School and was appointed to the federal bench by Jimmy Carter in 1978.

In 1989 he became eligible to retire from the bench but when he heard that he would not be replaced by another African-American vowed to remain on it "until rigor mortis set in."

JudgeTanner made legal history with his 1983 Comparable Worth ruling in which he ordered that comparable pay be given to people who do different jobs requiring the same amount of preparation and responsibility. It was considered a victory by women rights advocates.

"He was a guy who was concerned about justice being done," said U.S. District Court Judge Franklin Burgess, who met Judge Tanner in 1968, practiced law with him until 1978 and then followed him onto the federal court bench.

Tanner, who marched in Mississippi during the civil rights movement, was involved in the NAACP and worked on Senator Henry M. Jackson's presidential campaign, didn't believe people should be treated differently, paid differently or given different opportunities on the basis of their race, gender or class, Burgess said.

In a 1993 ruling, Judge Tanner said prosecutors were racist in their refusal to allow a black woman to be considered for a reduced sentence routinely offered to white defendants.

"This court is of the opinion that black people receive longer sentences than whites, that black people actually serve longer sentences in prison than whites, that blacks are more often subject to mandatory minimum sentences... and that this divergence in sentencing is based upon race in all instances of sentencing under the sentencing guidelines," he wrote.

Judge Tanner, who had cancer, left the world peacefully, feeling that he'd had a blessed life and that he had been a part of a good change, Burgess said.

"He would speak of things and talk about how he had seen changes and improvements," said Burgess. "I don't think he felt that justice had been "done" or that it was finished. I think he believed progress was made, but we hadn't arrived at the depot."

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com