Prosecutor puts on judge’s robes

Michael Downes’ eighth-grade teacher told him he should attend a vocational school in Boston to learn how to carve soap.

Maybe then he could make a useful contribution to society, she told him.

The message stuck in his head – and in his craw. The teacher should have seen him grin Wednesday when he was sworn in as a Snohomish County Superior Court judge.

Downes, 52, was appointed to the post last week to replace Judge Charles French, who died suddenly July 6.

On Wednesday morning, Downes signed the papers and took an oath of office administered by Judge Larry McKeeman, a former fellow deputy prosecuting attorney. A more formal swearing in ceremony is scheduled for 4 p.m. today in the court.

After administering the oath, McKeeman said, “I introduce to you Michael Downes, Superior Court judge.”

Downes’ wife, Edwina, and their three children – Madeline, 15, and twins Molly and Joe, 17 – burst into applause. A brother, Brian Downes of Cambridge, Mass., and sister Maureen McCabe of Saugus, Mass., joined in the congratulations.

Downes, who was an assistant chief deputy prosecutor, recalls the soap-carving story with a wide smile. Soon after Gov. Gary Locke appointed him on July 15, prosecuting attorney Janice Ellis, who knew the tale, presented him with a book on soap carving.

“I’ll have an alternate career path in case I need it,” Downes said. “That’s not advice you forget.”

His first official duty as judge came from Judge Stephen Dwyer. Downes signed a court order ending state supervision of someone convicted of a felony and sentenced by French.

“Now I have to figure out what I’m supposed to do,” the newest of the county judges said.

Both he and Dwyer will be “shopping-cart” judges. Dwyer and Downes were finalists in January when the governor appointed a replacement for retired Judge Joe Thibodeau.

They are lowest on the totem pole and will shift from one courtroom to another as the other 12 judges rotate for yearlong stints in Snohomish County Juvenile Court.

Downes’ first day on the bench was actually spent in chambers, settling into French’s old courtroom and starting his new education by reading about aspects of the law Downes has had little to do with in his 21 years as a prosecutor.

As a Superior Court judge, he’ll be getting a bit of a raise from his old job. The more than $121,000 a year compensation will help with two teenagers preparing to attend college, he said.

Downes has yearned to be a judge for some time. He felt good Wednesday.

“This is a pretty special day for me,” Downes said. The event made him think about all the jobs he had while working his way through school and getting settled into his carreer.

He was a bartender, did construction and worked in a mayonnaise factory making $2.52 an hour. People who weren’t making much more than that supported families on those wages, he said.

“They were hard-working people,” Downes said.

He had a reputation as a tough but fair prosecutor. He promised to listen and be a fair judge and to work hard.

Downes recently attracted attention as the lead prosecutor in the murder convictions of three men in the 2002 shooting death of Rachel Burkheimer, 18, of Marysville. The rigorous trials came one after the other earlier this year, leaving little time to think about recreation or family life for months on end.

“I couldn’t have gotten through those cases without (deputy prosecutor) Julie Mohr and (Snohomish County sheriff’s detective) Brad Pince,” he said.

Downes has sought a job on the bench for a long time because he’s comfortable in a courtroom and he believes in public service.

“This is a new and interesting way to continue in public service in an environment I love to be in,” he said.

He also said he’ll bring common sense to his courtroom, something that his work background helped him develop.

“I know I can talk to people and sound like I’m a part of the real world,” he said.

Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.

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