Clallam County Superior Court Judge Brent Basden sent an email on November 30, 2020, at 7:45 PM, to former Clallam Commissioner Bill Peach, criticizing Peach's public remarks regarding judicial appointments. The message, titled "Judicial Independence," addressed tensions between the judiciary and county commissioners concerning the timing of judges' retirements.
Basden stated that he rarely responds to newspaper articles but found Peach's comments in the Sunday edition of the Peninsula Daily News "disheartening." Peach had been quoted expressing dissatisfaction with superior court judges leaving office one year early, which allows the governor to appoint a successor rather than the seat going to an election.
In response to Peach's concerns about the transparency of the appointment process, Basden argued that such statements "can only have the effect of undermining the legitimacy of the judiciary." The judge labeled Peach's suggestion of collusion between government branches to influence Clallam County judicial appointments as "irresponsible" and expressed disappointment that the commissioner did not consult the judges first to "test your theory" before speaking publicly.
Basden shifted the focus to the county commissioners' handling of District Court II, suggesting that similar irregularities might exist in that process. He remarked sarcastically, "I don't suppose that there was any winking or nodding going on between the County Commissioners and Judge Rohrer, but if there was, maybe that should be disclosed."
The judge also defended the actions of former Governor Jay Inslee's office regarding judicial appointments. Basden stated that the governor's office does "not enjoy the appointment process" because it requires a significant amount of work. He asserted that Governor Inslee never inquired about his "political leanings, religious beliefs, age, gender, sexual orientation, or other such matters" and claimed that "tremendous diversity in the personal ideology of judges" exists among those appointed by Inslee.
Regarding specific retirements, Basden claimed he told Judge Melly he preferred a retirement method that would allow for an election. He also stated that he and Judge Erickson encouraged Judge Coughenour to complete his term. Basden insisted that judges retire based on "their own personal desires" rather than to coordinate with another branch of government.
The email concluded with Basden addressing Peach directly, stating, "Bill, I have considered you a friend and have enjoyed the chance to work together."
A two-page email sent by Judge Basden to a county commissioner has been made public, revealing a tone that critics describe as scolding. In the message, the judge characterized public suggestions of impropriety as an unfairness to the court, noting that such claims should not be made without supporting evidence.
The correspondence highlights a recurring theme in the judge’s interactions with local officials and media. Recently, Judge Basden has faced criticism for what observers call a hostile approach to public discourse. This includes instances where the judge accused press outlets of cyberbullying and rebuked a commissioner for inquiring into the timing of judicial retirements.
Supporters of the judge argue that as a public official whose decisions affect the wider community, a certain level of scrutiny is expected. However, opponents maintain that the judge’s reactions suggest a resistance to robust debate.
The full text of the email was recently shared online for public review.