Federal appeals court hears arguments for first time in Richland

Three federal appeals court judges made history Tuesday when they were the first to hear arguments in three separate cases in Richland’s U.S. District Court.

The hearings were scheduled as part of the 50th anniversary celebration of the U.S. Courthouse and Federal Building.

Circuit judges Susan P. Graber and Richard C. Tallman and Senior Circuit Judge Edward Leavy sat together on the bench as attorneys were given 15 minutes each to argue why their case should be given a second chance or the appeal denied.

The 9th Circuit Court of Appeals, headquartered in San Francisco, has jurisdiction over nine states and two territories. That includes the Eastern District of Washington, which also has courthouses in Spokane and Yakima.

Graber and Leavy both are based in Portland, while Tallman is from Seattle.

“We want to thank everyone connected with this courthouse for their hospitality … and for bringing this special sitting to the Tri-Cities area,” said Graber.

The courtroom gallery was packed with judges, prosecutors, lawyers and court officials from all levels.

The appellate judges’ tour Tuesday also included meeting with the Benton Franklin Counties Bar Association over lunch and talking to a handful of students after the hearings.

The first case before the panel Tuesday dealt with David W. Sanders’ dismissed lawsuit against Energy Northwest.

Sanders, who had been a maintenance supervisor, claimed he was fired in retaliation for disagreeing with Bruce Pease and sought whistleblower protection. Pease was the security compliance supervisor when disagreements began.

The two men disagreed over who should resolve an issue related to security clearance for some maintenance workers, and changes Sanders had proposed to procedures for security badges.

Judge Thomas Rice, in dismissing the suit in 2014, concluded the two men were equals and Pease did not fire him. Sanders is appealing.

The appeals judges questioned what Sanders said that should be labeled as whistleblowing, and if it remains a sincere effort if his concern was withdrawn the following day.

“He pointed out to a peer, but with management present, that there was not a consistent approach” to the security procedures and that there were flaws in the badging, said attorney David Whedbee of Seattle. He said Sanders became concerned about retaliation and though he opted not to fight it anymore, it does not mean he was conceding.

William G. Miossi, from Washington, D.C., said Sanders’ case does not rise to the level of a whistleblower action under the Energy Reorganization Act. Miossi said he agreed with Judge Rice’s finding that this stemmed from a personality dispute between two men, and had nothing to do with safety issues.

Judge Tallman noted that if the panel decides to send this case back for trial, the court will have to address Energy Northwest’s justification for termination, which dealt with inappropriate payments to a temporary worker engaged to Sanders’ daughter.

The second civil case argued Tuesday centered on a registered nurse who was fired by the Garfield County Public Hospital District for positive drug test results. Hospital administrators are appealing a court order denying their motion for qualified immunity in the action.

And in the lone criminal case, Aleksandar Djordjevic wants to get his jury conviction reversed for mail fraud, honest services fraud and conspiracy. He was involved in a scheme involving the issuance of commercial drivers’ licenses by defrauding the Department of Licensing and bribing a driving skills tester and a DOL-approved Bosnian translator.

Appellate decisions typically are released within three months to one year.

This story was originally published November 17, 2015 at 7:53 PM with the headline "Federal appeals court hears arguments for first time in Richland."