Exclusive | Benton County prosecutor calls for judge to resign after his 2nd DUI arrest

Benton County’s prosecutor says he will bar a District Court judge with 2 DUI arrests from handling any of his office’s cases.

Prosecutor Eric Eisinger announced his intent in a two-page letter to court officials this week and called on Judge Terry Tanner to resign.

“It is my view that Judge Tanner’s second DUI disqualifies him from continuing to hold the office of Benton County District Court judge,” Eisinger wrote. “It is my view that a functional justice system depends upon the integrity of those who administer justice.”

Tanner was arrested in January after crashing his car in Richland. Breathalyzer tests showed his blood-alcohol content was about 0.22%, nearly three times the legal limit of 0.08.

The prosecutor’s letter comes on the heels of a recommendation from the Washington Commission on Judicial Conduct to censure the judge but to allow him to keep his job. The recommendation announced Friday called for Tanner to be suspended for a month without pay, receive treatment for his alcoholism, submit to random screenings and not handle DUI cases.

The commission’s recommendation will be sent to the Washington State Supreme Court for approval.

On Aug. 31, Eisinger was asked by the other District Court judges for his opinion on Tanner returning to hear cases following the recommendation of the state conduct board.

The meeting included prosecutors, defense attorneys and the District Court judges.

Several attorneys at the time objected to Tanner returning to hearing cases, a source speaking under the condition of anonymity told the Herald. The attorneys reportedly pointed out that not only did the judge break the law but he lied to police both times.

Eisinger did not give his opinion at the meeting, waiting until Tuesday before sending his response in writing, saying it isn’t in the best interest of the people of Benton County for Tanner to stay in that position.

“From my perspective, it’s wonderful that Judge Tanner is getting the help he needs and addressing his alcoholism,” Eisinger told the Herald. “But I don’t think it serves the people of Benton County for him to be in the position.

“The reality is when you are enforcing the law and imposing consequences for violations of the law, your integrity matters. A judge’s integrity is a core part of the public’s ability to put faith in the justice system.”

He is not the only attorney to publicly voice concerns about Tanner staying on the bench. Defense Attorney Shelley Ajax has sent a letter to the Washington State Supreme Court asking them to remove Tanner from his position.

“I am appalled to learn of the stipulated agreement for one month of suspension,” she said in the letter obtained by the Herald. “On both of these DUI offenses Judge Tanner was involved in serious accidents and could have killed or seriously injured someone.”

Judges’ reaction

Tanner is one of five judges on the District Court bench. They primarily preside over misdemeanor cases, traffic citations and small claims court cases.

According to state records, 2,340 cases were filed in Benton County District Court last month, more than halfwere for traffic infractions and another 107 were for DUI arrests.

The other District Court judges are waiting for the hearing in front of the Washington State Supreme Court to decide what cases Tanner will be assigned to handle in the future, the court’s Presiding Judge Dan Kathren told the Herald in a statement.

“Any attorney is free to request that a particular judge not hear a case, so this request is not shocking,” Kathren said about Eisinger’s letter. “Judge Tanner’s matter is still pending a hearing before the Washington State Supreme Court. Once this takes place we should have all the information we need to determine how to best move District Court forward with respect to all of the players involved.”

Unlike other elected public officials, judges can’t be recalled by voters. They can resign their position or be removed from office before the end of their term by the Washington Supreme Court.

Tanner has three years left to serve on his current term.

Since returning to the bench this year, Tanner has been working on Prosser city cases.

Tanner hasn’t been hearing any of the Benton County prosecutors’ cases while his matter has been pending in front of the Commission on Judicial Conduct, Kathren said.

“For now and into the future, the judges and staff of Benton County District Court remain committed to providing next-level services to all who find themselves in our courtroom,” he said.

It’s unclear what percentage of the total District Court caseload Tanner is handling. But it appears that he is being paid his normal annual salary of more than $200,000 while he’s working.

Tanner has been re-elected twice since receiving his first DUI in 2018. He was challenged the same year by Talesha “Tali” Sams. and won by a margin of 67% to 33%.

He ran unopposed in 2022, and is in the first year of a four-year term.

January DUI

Tanner is already under a five-year deferred prosecution in connection with his Jan. 2 crash on Kingsgate Way, according to Benton County District Court documents. The case was handled by a Yakima County judge.

Tanner was behind the wheel of a 2014 Cadillac sedan when he became high-centered on a concrete block near a gas station just past the intersection with Highway 240, said court documents.

When officers arrived, they found Tanner, who appeared intoxicated.

A witness said Tanner was in the driver’s seat while the car was stuck. He had been hitting the gas and spinning the wheels. The witness helped Tanner out of the car and moved him to a place where he could sit down.

Tanner initially denied he was driving and tried to claim that the car didn’t belong to him.

Officers soon learned the truth, that the car was registered to him.

Police took him to the Benton County jail and gave him four breathalyzer tests. Each one registered a blood-alcohol level of 0.22% or more.

His case was transferred over to Yakima County District Court, where Tanner agreed to accept a deferred prosecution agreement to resolve the DUI charge.

The 5-year agreement requires Tanner to receive alcoholism treatment, have an ignition interlock installed in order to drive and to submit to tests for alcohol use.

If he completes the program and avoids any other trouble, he is eligible to have the DUI removed from his record.

If he violates the terms of the agreement, a judge can determine his guilt based on the police reports and he could be sentenced to 30 to 364 days in jail.

Under Washington state law, it will be his only chance at deferring prosecution. It also required a diagnosis of alcoholism, substance addiction or mental health issues.

2018 crash

The last time Tanner was in front of the Commission on Judicial Conduct was after being arrested for a DUI in 2018 when he drove into a mailbox.

A witness found a smashed sedan about 11 p.m. on March 6, 2018, and saw a man sleeping in the driver’s seat. The witness called 911 and later told a Benton County deputy that he believed the man was drunk.

The deputy discovered Tanner “crouched and hiding behind a mailbox,” and he initially lied to the deputy. He pleaded guilty to DUI about a month after his arrest.