Debra Stephens

From Judgepedia

Debra L. Stephens is a justice on the Washington State Supreme Court. She was appointed to the court in December 2007 by Governor Christine Gregoire, a Democrat, replacing Bobbe Bridge, and took office in January 2008. She ran unopposed for election to a full six-year term on the court in November of 2008^[1]. She will be up for re-election again in 2014, when this term ends.

Legal background

She attended Gonzaga University on a debate scholarship, graduating Magna Cum Laude with Honors in 1987, and later attended Gonzaga University School of Law as a Thomas More Scholar, graduating Summa Cum Laude in 1993.

Legal career

Stephens was appointed to the Washington Supreme Court on December 4, 2007, and took office January 1, 2008. She previously served as a judge for Division Three of the Court of Appeals, having been appointed and later elected unopposed in 2007. Justice Stephens is a native of Spokane, Washington, where she practiced law until taking the bench. Her legal work focused on appellate practice, with over 125 appearances in the Washington Supreme Court, in addition to appearances in the Washington Court of Appeals, Idaho Supreme Court, United States Court of Appeals for the Ninth Circuit and as counsel of record in the United States Supreme Court. From August 1995 until April 2007, she helped coordinate the Amicus Curiae Program of the Washington State Trial Lawyers Association Foundation, the longest standing institutional “friend of the court” program in the State. She has also taught as an adjunct professor at Gonzaga University School of Law since 1995, in areas including Federal and State Constitutional Law, Community Property, Appellate Advocacy, and Legal Research & Writing. In addition, she is a contributing author to the Washington Appellate Practice Deskbook, and is known as a prolific writer and speaker at continuing legal education programs.^[2]

Appointment

Stephens had served only a few months in the Washington Court of Appeals when she was appointed by Gov. Gregoire to the state's highest court. David Ammons, an analyst for the Associated Press, wrote of the decision to appoint Stephens: "In most quarters, Gov. Chris Gregoire’s pick for state Supreme Court drew a 'Debra Who?' shrug, and that reaction to her below-the-radar choice should fit the governor’s political goals just fine. Some court critics said the new justice, Appeals Court Judge Debra Stephens, is too mobbed up with the trial lawyers to be objective. Political strategist Cathy Allen said of the appointment: "And on the plus side, Gregoire surely pleased women voters, Democrats, Eastern Washington voters and the politically potent trial lawyers."

Awards and associations

Stephens is a founding member of the Washington Appellate Lawyers Association and a contributing author to the Washington Appellate Practice Deskbook, including co-authoring a chapter on Amicus Curiae Practice. She has received recognition from “Washington Law & Politics” as a “Super Lawyer” (2003, 2005, 2006) and as one of the “Top 50 Women Lawyers” (2005) and “Top Appellate Lawyers” (2005). She has also taught as an adjunct professor at Gonzaga University School of Law since 1997.

She has served on the board of the Orchard Prairie School District since 1997 and as its chair. She is on the board of the Spokane Valley Rotary Club, has served as both a Deacon and Elder at Millwood Community Presbyterian Church and as a member of the “Joshua’s Hugs” fundraising circle for Sacred Heart Children’s Hospital Foundation. She is on the board of advisors of People for Environmental Action and Community Health and is a mentor with Upward Bound and at Gonzaga University.^[3]

2008 campaign

Contributions

Stephens raised about $107,000 during her 2008 election campaign.^[4]

Endorsements

• Washington State Labor Council
• Washington State Council of Fire Fighters
• Washington Council of Police and Sheriffs
• Washington State Patrol Troopers Association
• American Federation of Teachers
• Washington Education Association
• Joint Council of Teamsters # 28
• Washington Conservation Voters
• National Women's Political Caucus of Washington
• Retired Public Employees Council of Washington

For a complete list of endorsements, visit Justice Debra Stephens.

Critics

Criticisms of Stephens during her election campaign were that she is inexperienced, making it difficult for voters to discern her judicial temperment. Her close ties to the community of trial lawyers also drew concern.^[5],^[6]

August 19 primary

• Stephens won her uncontested campaign for election to a full six-year term on the court on August 19 with 567,748 votes.^[7]

Inmate phone calls

In a 7-2 decision, the Washington Supreme Court ruled that jail inmates' phone calls to loved ones aren't private and the state can listen in and use the recordings against them. Modica was arrested in 2005 for striking his wife in the face, and he called his grandmother almost every day and enlisted her help in getting his wife to not appear in court. Those calls were used against Modica in King County Superior Court, and he was convicted of assault, resisting arrest, and tampering with a witness. The Washington Court of Appeals affirmed the conviction. Modica asked the high court to review the trial court's admission of the recordings. The majority, led by Justice Tom Chambers, affirmed the Court of Appeals, and said that inmates had a reduced expectation of privacy, noting that both Modica and his grandmother knew they were being recorded and that someone might listen to those recordings - emphasized by the sign they saw as well as the automated system's warning. "What is more, Modica and his grandmother were recorded discussing the fact that their calls were being recorded," Chambers wrote. "Whatever expectation of privacy they had, it was not reasonable." Chambers was joined by Justices Susan Owens, Charles Johnson, Mary Fairhurst, Barbara Madsen, James Johnson and Debra Stephens. But the dissent argued that the state's privacy act does cover phone conversations between family members and those in jail. "The Washington privacy act plainly prohibits intercepting or recording a private telephone conversation without the consent of the parties to the conversation," wrote Justice Richard Sanders, joined by Chief Justice Gerry Alexander. "That Modica and his grandmother knew the call may be monitored does not make Modica's expectation that the conversation was private unreasonable."

External links

• Stephens' Appointment
• Justice Debra Stephens for Reelection
• Ridenbaugh Press
• Washington Courts: Debra Stephens
• Pro Choice Washington Endorses Stephens
• Legal Newsline: "Stephens set to coast to full term on Washington Court"
• Northwest Law: Stephens' controversial appointment sparks calls for reform in appointment process
• The Washington Supreme Court blog, an unofficial blog that covers the Washington State Supreme Court and its justices

References

v • d • e Washington Supreme Court Current Chief: Madsen • Alexander • Chambers • Fairshurst • Johnson • Johnson • Owens • Sanders • Stephens