Washington State Supreme Court
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The Washington State Supreme Court is the court of last resort in Washington. It is based in Olympia in the Temple of Justice on the state capitol grounds. Nine justices serve on the court; they are elected in non-partisan elections to serve six-year terms.
The court has the power of judicial review to determine whether actions by the executive and legislative branches are in accord with the United States and Washington State constitutions. Article I, Section 10 of the state constitution on administration of justice says, “Justice in all cases shall be administered openly, and without unnecessary delay.”
Overview
There are four levels of courts in Washington: (1) the Supreme Court; (2) the Washington Court of Appeals; (3) the superior courts, and (4) the courts of limited jurisdiction (district and municipal courts).
The three divisions of the Court of Appeals are located in Seattle (Division One), Tacoma (Division Two), and Spokane (Division Three). Each of the state’s 39 counties has a superior court (though in some cases, multiple small counties comprise one superior court district, such as the Benton-Franklin County Superior Court). Each county has a district court with at least one district court facility (larger counties may have multiple district court locations) and many of the state’s cities and towns have municipal courts.[1]
Some 8,500 cases are tried each year before the 143 judges of the Superior Courts of Washington State, the trial court of general jurisdiction. About 3,500 appeals are filed by losing parties claiming that the outcome was the result of error, either of fact or law, sometimes both.
Jurisdiction
Most appeals from superior court are decided after review by the Court of Appeals. This intermediate court has 16 judges serving in three geographical divisions who sit in panels of three to decide cases brought before them. The Supreme Court has almost total discretion in determining which cases it will hear and decide, except that death penalty cases are automatically reviewed. A few cases involving new or important questions of law are accepted by the Supreme Court directly from superior court. Others are received on Petition for Review after having been decided by the Court of Appeals.
The Supreme Court each year publishes nearly 150 final opinions, each representing thorough research and consideration by all nine members of the court, working together and individually.
The Supreme Court also administers the judicial system of the state. In this capacity it promulgates the rules for courts of limited jurisdiction (District and Justice Courts and Municipal Courts), for the superior courts and the appellate courts. Judicial rules also govern admission to practice, conduct and discipline for attorneys and judges.
The court's justices
Election to the court
The rules for electing justices to the court are set out in Article IV of the Washington Constitution and in Chapter 2.06 of the Revised Code of Washington.
- The court has nine justices.
- They are elected to six-year terms in non-partisan elections.
- When a vacancy occurs between elections, replacement justices are appointed by the governor.
Qualifications
To serve on the court:
- A justice must be licensed to practice law in the state.
- Must be 75 or younger.
Current justices
| Name | Elected | Term expires |
|---|---|---|
| Charles Johnson | 1990 | 2014 |
| Barbara Madsen | 1992 | 2010 |
| Gerry Alexander | 1994 | 2012 |
| Richard Sanders | 1995 | 2010 |
| Tom Chambers | 2000 | 2012 |
| Susan Owens | 2000 | 2012 |
| Mary Fairhurst | 2002 | 2014 |
| James Johnson | 2004 | 2010 |
| Debra Stephens | Appointed in 2007 | 2014 |
Chief justice
The Chief Justice serves as the court's chief spokesman, presiding over the court’s public hearings and serving as the administrative head of the state’s trial and appellate court system. The Chief Justice also chairs the Board for Judicial Administration (BJA), which is the the policy-setting group of the state judiciary.[2]
Up until 1995, the chief justice was determined through a rotation system. In 1995, the voters of the state passed a constitutional amendment changing this system to one where the Chief Justice is elected by the other justices. That same amendment changed the term of the Chief Justice from two to four years.
Gerry Alexander is the court's 52nd Chief Justice. He succeeded retiring chief justice Richard Guy in 2000. In November 2008 he was elected by the other justices of the court to a third term as the state's top judge. Alexander is the longest-serving Chief Justice in the state's history. Alexander reaches mandatory retirement age in 2011 and therefore will only serve three of the four years of the term to which he was elected in 2008.
Notable rulings
No-contact order
In State v. Warren, a 2008 decision, the court upheld a lower court sentence that permanently banned a convicted child molester from contacting his wife, who was not a direct victim of his crimes. The decision was 8-1, with Richard Sanders the only dissent.
Richard H. Warren, who was convicted of child molestation and child rape against two stepdaughters, in two separate King County Superior Court trials in 2003, had argued that the no-contact order imposed as a sentence after those trials was not "reasonably related" to his crime, and was an unconstitutional violation of his marriage rights.
The court disagreed, saying that based on the evidence, limiting Warren's marriage rights was reasonably necessary to achieve the compelling state interest of protecting the girls and their mother.[3]
Same-sex marriage
In a July 2006 decision that split 5-4, the justices issued six opinions in the case, with some in the majority saying that the state legislature remained free to extend the right to marry to gay and lesbian couples. The four dissenting justices said the majority relied on speculation and circular reasoning to endorse discrimination against gay men and lesbians. The decision consolidated two cases in which state trial courts had struck down a 1998 state law prohibiting same-sex marriages. The cases were brought by 19 gay and lesbian couples seeking the right to marry or to have their marriages from other jurisdictions recognized in Washington.[4]
Prisoners and public records
The Court issued a 5-4 ruling in July 2008 saying that while prisoners may make open records requests, and that the state must fulfill them, the correctional facility is under no obligation to actually deliver the document to the felon.
"The Public Records Act does not limit the department's discretion in prohibiting entry of public records that it reasonably deems inappropriate in a prison setting," Justice Madsen wrote for the majority. Joining her were Chief Justice Gerry Alexander and Justices Bobbe Bridge, Mary Fairhurst and Charles Johnson.[5]
Dissenters were led by James Johnson.
Public disclosure
Communications between government agencies and their lawyers are exempt from the state public-disclosure law, the Washington Supreme Court ruled May 13, 2004. In a 5-4 opinion, the court concluded that attorney-client privilege supersedes the requirements of the landmark state Public Disclosure Act, approved by voters as an initiative in 1972. Justice Gerry Alexander, writing for the majority, said it's clear the Legislature created the exemption when it amended the disclosure law, which makes most government documents available to the public, in 1987. Justice Charles Johnson wrote a strongly-worded dissent, labeling the majority's opinion as "absurd," arguing it "renders ineffectual the (law's) strong mandate to agencies that they must disclose public information." News and open-government organizations reacted angrily to the ruling.[6]
History
Washington has had three distinct Supreme Courts in its relatively short history. While part of the Oregon Territory (1848-1853) three justices, appointed by the President of the United States, served on the territorial Supreme Court. When not hearing appeals the three jurists rode circuit, presiding over important trials in three separate and widespread judicial districts which encompassed much of the present-day Oregon, Washington and Idaho. In 1853 the area north of the Columbia River and east to the Continental Divide was separated from Oregon and became the Washington Territory with its own Supreme Court composed of three (and later four) justices.[7]
Constitution of 1889
On October 1, 1889, the people of the Washington "Territory" west of the present Idaho line approved a state constitution, elected public officials and by means of an Act of Congress became a full-fledged member of the Union. The Supreme Court was composed of five justices elected by the voters of the state. John P. Hoyt, Thomas J. Anders, T. L. Stiles, Ralph 0. Dunbar and Elmon Scott were the original members of the court. Hoyt had served on the territorial Supreme Court and was presiding officer at the convention that wrote the new state constitution. Stiles and Dunbar also were delegates to that convention.
The number of justices serving on the Supreme Court has varied from the original five to the present nine. Although justices were no longer responsible for riding the trial court circuit as in territorial days, they continued to experience crowded dockets, necessitating an increase in membership. In 1905 the court was permanently expanded to seven justices and in 1909 the number was increased to the present nine. Between 1889 and 1909 all cases were heard en banc, with all justices participating. Between 1909 and 1969 most cases were heard by a department of the court, each composed of the Chief Justice and four associate Justices. Since establishment of the Court of Appeals in 1969 all cases are heard en banc.
Each justice serves a six-year term, with three submitting themselves to the electorate every two years. Vacancies that occur through resignation or death are filled by the Governor, but these appointees must gain approval of the voters at the next general election. Nearly two-thirds of all justices of the Supreme Court have been initially appointed to fill a vacancy, but with rare exception all appointees have been confirmed by the voters.
Early 20th Century
In 1907 the legislature established a direct nonpartisan election system for nominating judges, replacing political party conventions. Separate nonpartisan ballots were also authorized for the November general elections, removing judges from the political party lists. Except for a brief return to partisanship in 1912, the names of candidates for the Supreme Court have subsequently appeared on nonpartisan ballots.
Chosen by the other justices of the court for a two-year term, the Chief Justice must be one of those next up for election, and usually is the senior of the three. The Chief Justice presides at all court sessions, handles administrative responsibilities, chairs the state judicial conference and represents the court and judicial system in many public appearances.
External links
- Washington Appellate and Trial Courts Official Site
- Fact sheet on judicial campaigns in Washington
- Media Guide to the Court
- The State of the Washington Supreme Court: A 2008 Update
- The Washington Supreme Court: A Special Issue Report
- State of Washington Constitution
- Report of the Courts of Washington
References
- ↑ Media Guide to Washington Courts
- ↑ Washington Court News, "Washington Supreme Court Elects Chief Justice", November 7, 2008
- ↑ Seattle Times, "Wash Court OKs contact ban for non-victim spouse", November 20, 2008
- ↑ New York Times
- ↑ WA court: public records can be kept from inmates Seattle PI, July 3, 2008
- ↑ Seattle Times
- ↑ Washington SC history
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