In re the Recall of Pearsall-Stipek

(dissenting) — I agree with the majority that lying under oath, even as to immaterial issues, is a serious matter that will not be condoned by the courts of this state. I disagree, however, with the majority’s conclusion that any misrepresentation under oath, no matter how immaterial, rises to the level of “ ‘substantial conduct clearly amounting to misfeasance, malfeasance or violation of the oath of office.’ ” In re Recall of Sandhaus, 134 Wn.2d 662, 668, 953 P.2d 82 (1998) (emphasis added) (quoting In re Recall of Shipman, 125 Wn.2d 683, 685, 886 P.2d 1127 (1995)).

The history of the right…