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King Washington Form 872: What You Should Know

Justice PELOSI delivered the opinion of the Court. It is difficult to imagine a more significant and contentious event in recent Washington history. As the most significant civil rights and workers' rights case of this Court's modern era, the Court's decision on this question calls not just on the Court, but on the entire state of Washington and of the nation as a whole to reexamine one of the bedrock principles upon which our country has been built. “We may not allow the mere failure of the state to make a 'fair process' available to one of its citizens (i.e., the failure to conduct a fair and effective hearing or to comply with the Court's orders) to destroy the concept of the rule of law,” Chief Justice Roberts, writing for the Court's majority, noted at the outset of his opinion, stating that “the State's failure here to do what a fair, efficient judicial process demands will be met by this Court with incredulity and indignation when it is a minority that is denied the equal protection of its laws.” This case arises from an incident in which Judge Blake of King County, Washington, was denied a waiver from his court-ordered, limited duty as an immigration judge while he was also on leave while preparing to serve on an International Labor Organization (ILL) “specialized expert panel in the International Labor Rights Forum” in the United States. His conduct caused a State Department inspector to recommend that he be administratively transferred from his position as a judge and placed on leave pending an investigation of “his conduct and activities in the United States in connection with immigration matters.” Judge Blake's conduct related to his duty while on leave as an immigration judge to “advise the State Department on matters of immigration law, policy, and procedures to the extent that such advice relates to the exercise of the administrative authority of the Department;” to attend meetings with his colleagues in the King County Superior Court; and to assist in conducting hearings in immigration cases where he was a judge. Judge Blake declined to agree to allow the State Department to seek his voluntary departure from his position on the specialized panel, and his colleagues on that panel refused to consider a State Department request to have him removed from consideration. As a result, Judge Blake is personally subject to a Department order issued pursuant to § 240.9. The State Department ordered Judge Blake to report to his superiors at the Immigration Court in King County, and he refused to comply.

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