CONFESSION OF A WASHINGTON
STATE SUPREME COURT JUDGE

In 1998, I spoke with a healthcare professional who related the following story of a judge he happened to meet one day in Seattle, Washington
.

In May 1984, a Washington State Supreme Court Justice, who was in the last stages of a terminal condition, decided to visit a doctor whose sign he had noticed while passing in his car.  The doctor’s sign was strange to the judge because it displayed a title that was unfamiliar to him.  The doctor was a naturopathic physician.  The judge’s curiosity was peaked, so he decided to inquire into the nature of the practice in which the doctor engaged.  After a few minutes of discussion with the doctor, who had started his practice just a few months before, it became evident that there was nothing of value that the doctor could do for the judge.  The young doctor felt badly and apologized for having to disappoint the sick man who had expressed an interest in his methods and philosophy.  To the surprise of the doctor, the judge remarked, “Don’t apologize! You have done more for me than you will ever know.  You have told me the truth even though the thought may have entered your mind to take advantage of me because of my desperate condition.”

 The judge went on further, “I perceive you are a seeker of truth.”  He then inquired, “Have you ever heard of Diogenes?”  Diogenes was the ancient Greek philosopher/teacher.  Towards the end of his life, he went about naked, sitting in a tub as it was carried about at night by his students, from town to town.  As the sage was thus conveyed, he held forth a lantern.  When questioned by a curious bystander as to the purpose of this gesture, Diogenes replied, “I am looking for an honest man.”  The judge seemed happy that the doctor knew the story of Diogenes.

The judge said, “You told me the truth in a straightforward manner, and you never have to contradict yourself or prevaricate when you follow that course.  I have finally met an honest man!”  Then the judge made a curious statement.  He said, “You have done something for me; now I would like to return the favor.”  He immediately inquired as to why the doctor had obtained various licenses, particularly, a driver’s license.  The doctor, somewhat perplexed by this, advanced the best answer he could muster, saying, “Because I want to be a law abiding citizen.” The judge responded in a manner that shocked the young doctor by retorting, “You have founded your response to my inquiry upon two equally irrelevant points.  It does not have anything to do with the law, and I really doubt that your citizenship has anything to do with it either.  Don’t you have the Right to travel as you please, and where you please, for your own private purposes and pleasure?”  The doctor thought for a moment and agreed.

Another question came quickly, “Well, why then do you have a driver’s license?”  The judge went on to explain that a license to drive was required only if one desired to engage in some sort of privileged, quasi-commercial activity which required the use of the public roads and highways.  He said that not only would the commercial driver then need a license, but the vehicle would also need to be registered with the State, since he would be operating a vehicle for commercial purposes.

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