Washington Medical Disciplinary Board v. Johnston

(dissenting) — The majority asserts that a reasonably prudent and disinterested observer would not be left with the feeling that a fair and neutral hearing is denied when, as here, the same tribunal combines investigative, prosecutorial and adjudicative functions. Majority opinion, at 481.1 disagree. I believe the unanimous panel of the Court of Appeals correctly found an appearance of fairness violation. For the reasons set out in the lower court opinion, as well as those discussed below, I would therefore affirm.

The appearance of fairness doctrine was first enunciated in Smith v. Skagit…