Judge's remarks prompt ethics charges

A King County District Court judge is facing possible discipline by the Commission on Judicial Conduct for allegedly making a lewd response to a defendant in his courtroom and for referring to another's ethnicity as a "flavor."

District Court Judge Mark Chow, a 16-year veteran of the bench who had presided over the county's Mental Health Court, could face discipline ranging from a reprimand to removal if the commission finds he violated the state ethics code.

According to charges filed with the judicial commission this week, a defendant in Chow's Mental Health courtroom on Jan. 23 suggested Chow perform a sexual act.

The 53-year-old judge responded with a lewd retort, according to the charges.

"It was a flippant comment," said Chow's attorney Anne Bremner. "He was trying to be funny and not angry and punitive. He immediately regretted it, and he reported himself."

On that same day, the judge asked an Asian female defendant "what flavor" she was, and when the defendant responded that she was half-Japanese, the judge, who is Chinese, said, "No Chinese? See I'm Chinese. ... That's OK. My wife's Japanese, you've got some good."

According to Bremner, using the word "flavor" as Chow did has no history of demeaning use among Asians and is common especially among Pacific Islanders.

"It's not inappropriate when one person of color is talking to another person of color and no one who is addressed takes offense," she said. "This is a commission on judicial conduct, not the commission on political correctness."

The judge is charged with failing to maintain courtroom decorum; making comments that were undignified, discourteous and disrespectful; and using language that appeared to manifest bias and diminish confidence in the dignity and impartiality of judicial office.

Bremner said the judge, who responded to the allegations in May and asked that the commission dismiss the matter, acknowledges that he erred in responding flippantly in the first instance but does not believe he did anything wrong when asking about the defendant's ethnicity as he did.

The commission found this month there was probable cause to file formal charges against Chow, who is no longer in the Mental Health Court but remains on the District Court bench.

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