From Ballotpedia - Reading time: 21 min
| Washington State Supreme Court |
|---|
| Court Information |
| Justices: 9 |
| Founded: 1889 |
| Location: Olympia |
| Salary |
| Associates: $262,011[1] |
| Judicial Selection |
| Method: Nonpartisan election of judges |
| Term: 6 years |
| Active justices |
| Steven Gonzalez, Charles W. Johnson, Barbara A. Madsen, Sheryl Gordon McCloud, Colleen Melody, Raquel Montoya-Lewis, Sal Mungia, Debra Stephens, G. Helen Whitener |
Founded in 1889, the Washington Supreme Court is the state's court of last resort and has nine judgeships. The current chief judge of the court is Debra Stephens. In 2018, the court decided 1,269 cases.[2]
As of January 2026, four judges on the court were elected in nonpartisan elections and five were appointed by a Democratic governor.
The court is located in the Temple of Justice on the Capitol Campus in Olympia, Washington.[3]
In Washington, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
The Washington supreme court has discretionary jurisdiction in hearing appeals from the court of appeals. The court has original jurisdiction on petitions against state officers and the court is authorized to review lower court decisions if the value of involved property exceeds $200, and of any value if the case involves the legality of a duty, tax, assessment, toll, municipal fine, or validity of a statute.[4]
The court may directly review a trial court decision if it involves a state officer, or if a trial court has ruled a statute or ordinance unconstitutional, if there are conflicting statutes, or if the issue is of broad public interest and requires prompt final determination. All death penalty cases are reviewed directly by the supreme court.[5]
The supreme court is the final rule-making authority for the state's courts. It administers the state court system. It also has supervisory responsibility over certain state bar activities, including disciplinary matters.[6]
The jurisdiction of the Washington State Supreme Court is defined in Article IV, Section 4 of the Washington State Constitution.
| “ | Jurisdiction
"The supreme court shall have original jurisdiction in habeas corpus, and quo warranto and mandamus as to all state officers, and appellate jurisdiction in all actions and proceedings, excepting that its appellate jurisdiction shall not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy, or the value of the property does not exceed the sum of two hundred dollars ($200) unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, or the validity of a statute. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or before the supreme court, or before any superior court of the state or any judge thereof."[7][8] |
” |
| —Washington Constitution, Article IV, Section 4 | ||
The table below lists the current justices of the Washington State Supreme Court, their political party, when they assumed office, and the governor that initially appointed them (if applicable).
| Office | Name | Party | Date assumed office | Appointed by |
|---|---|---|---|---|
| Washington State Supreme Court Position 1 | Colleen Melody | Nonpartisan | January 1, 2026 | Bob Ferguson (D) |
| Washington State Supreme Court Position 2 | Sal Mungia | Nonpartisan | January 13, 2025 | |
| Washington State Supreme Court Position 3 | Raquel Montoya-Lewis | Nonpartisan | January 6, 2020 | Jay Inslee (D) |
| Washington State Supreme Court Position 4 | Charles W. Johnson | Nonpartisan | January 14, 1991 | Election |
| Washington State Supreme Court Position 5 | Barbara A. Madsen | Nonpartisan | January 11, 1993 | Election |
| Washington State Supreme Court Position 6 | G. Helen Whitener | Nonpartisan | April 24, 2020 | Jay Inslee (D) |
| Washington State Supreme Court Position 7 | Debra Stephens | Nonpartisan | January 1, 2008 | Christine Gregoire (D) |
| Washington State Supreme Court Position 8 | Steven Gonzalez | Nonpartisan | January 1, 2012 | Christine Gregoire (D) |
| Washington State Supreme Court Position 9 | Sheryl Gordon McCloud | Nonpartisan | January 1, 2013 | Election |
In 2025, the justices of the court received a salary of $262,011, according to the National Center for State Courts.[9]
The nine justices of the supreme court are selected through contested nonpartisan elections and must run for re-election when their terms expire. Supreme court judges serve for six years.[10]
To serve on the supreme court, a judge must be:
The chief justice of the supreme court is selected through a peer vote and has a set term of four years.[12]
In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election, at which point he or she may run to serve for the remainder of the predecessor's term.[13] If the resignation and subsequent appointment takes place after the filing period opens for that year's elections, the appointee must stand in the next year's election to remain on the bench.[14]
The map below highlights how vacancies are filled in state supreme courts across the country.
See also: Washington Supreme Court elections, 2030
There are no official candidates yet for this election.
There are no official candidates yet for this election.
There are no official candidates yet for this election.
See also: Washington Supreme Court elections, 2028
There are no official candidates yet for this election.
There are no official candidates yet for this election.
See also: Washington Supreme Court elections, 2026
There are no official candidates yet for this election.
There are no official candidates yet for this election.
The primary will occur on August 4, 2026. The general election will occur on November 3, 2026. General election candidates will be added here following the primary.
Ian Birk (Nonpartisan) and Sean O'Donnell (Nonpartisan) are running in the primary for Washington State Supreme Court Position 4 on August 4, 2026.
Candidate | ||
| Ian Birk (Nonpartisan) | ||
| Sean O'Donnell (Nonpartisan) | ||
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The primary will occur on August 4, 2026. The general election will occur on November 3, 2026. General election candidates will be added here following the primary.
Incumbent Debra Stephens (Nonpartisan) is running in the primary for Washington State Supreme Court Position 7 on August 4, 2026.
Candidate | ||
| | Debra Stephens (Nonpartisan) | |
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See also: Washington Supreme Court elections, 2024
Sal Mungia (Nonpartisan) defeated Dave Larson (Nonpartisan) in the general election for Washington State Supreme Court Position 2 on November 5, 2024.
Candidate | % | Votes | ||
| ✔ | | Sal Mungia (Nonpartisan) ![]() | 50.1 | 1,644,253 |
| | Dave Larson (Nonpartisan) ![]() | 49.4 | 1,624,309 | |
| Other/Write-in votes | 0.5% | 16,654 | ||
| Total votes: 3,285,216 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Sal Mungia (Nonpartisan) and Dave Larson (Nonpartisan) defeated Todd Bloom (Nonpartisan) and David Shelvey (Nonpartisan) in the primary for Washington State Supreme Court Position 2 on August 6, 2024.
Candidate | % | Votes | ||
| ✔ | | Sal Mungia (Nonpartisan) ![]() | 43.4 | 762,797 |
| ✔ | | Dave Larson (Nonpartisan) ![]() | 36.4 | 640,116 |
| | Todd Bloom (Nonpartisan) | 16.3 | 286,298 | |
| | David Shelvey (Nonpartisan) ![]() | 3.4 | 59,676 | |
| Other/Write-in votes | 0.4% | 7,347 | ||
| Total votes: 1,756,234 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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Incumbent Steven Gonzalez (Nonpartisan) won election in the general election for Washington State Supreme Court Position 8 on November 5, 2024.
Candidate | % | Votes | ||
| ✔ | | Steven Gonzalez (Nonpartisan) | 97.6 | 2,564,372 |
| Other/Write-in votes | 2.4% | 61,866 | ||
| Total votes: 2,626,238 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 6, 2024, was canceled. Incumbent Steven Gonzalez (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 8 without appearing on the ballot.
Incumbent Sheryl Gordon McCloud (Nonpartisan) won election in the general election for Washington State Supreme Court Position 9 on November 5, 2024.
Candidate | % | Votes | ||
| ✔ | | Sheryl Gordon McCloud (Nonpartisan) | 97.5 | 2,534,783 |
| Other/Write-in votes | 2.5% | 65,479 | ||
| Total votes: 2,600,262 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 6, 2024, was canceled. Incumbent Sheryl Gordon McCloud (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 9 without appearing on the ballot.
See also: Washington Supreme Court elections, 2022
Incumbent Mary Yu (Nonpartisan) won election in the general election for Washington State Supreme Court Position 1 on November 8, 2022.
Candidate | % | Votes | ||
| ✔ | | Mary Yu (Nonpartisan) | 97.4 | 1,961,152 |
| Other/Write-in votes | 2.6% | 52,447 | ||
| Total votes: 2,013,599 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 2, 2022, was canceled. Incumbent Mary Yu (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 1 without appearing on the ballot.
Incumbent Barbara A. Madsen (Nonpartisan) won election in the general election for Washington State Supreme Court Position 5 on November 8, 2022.
Candidate | % | Votes | ||
| ✔ | | Barbara A. Madsen (Nonpartisan) | 97.8 | 1,937,634 |
| Other/Write-in votes | 2.2% | 43,453 | ||
| Total votes: 1,981,087 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 2, 2022, was canceled. Incumbent Barbara A. Madsen (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 5 without appearing on the ballot.
Incumbent G. Helen Whitener (Nonpartisan) won election in the general election for Washington State Supreme Court Position 6 on November 8, 2022.
Candidate | % | Votes | ||
| ✔ | | G. Helen Whitener (Nonpartisan) | 97.8 | 1,918,080 |
| Other/Write-in votes | 2.2% | 42,740 | ||
| Total votes: 1,960,820 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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The primary scheduled for August 2, 2022, was canceled. Incumbent G. Helen Whitener (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 6 without appearing on the ballot.
See also: Washington Supreme Court elections, 2020
Incumbent Raquel Montoya-Lewis (Nonpartisan) defeated Dave Larson (Nonpartisan) in the general election for Washington State Supreme Court Position 3 on November 3, 2020.
Candidate | % | Votes | ||
| ✔ | | Raquel Montoya-Lewis (Nonpartisan) | 58.2 | 2,057,623 |
| | Dave Larson (Nonpartisan) | 41.4 | 1,462,764 | |
| Other/Write-in votes | 0.4% | 13,661 | ||
| Total votes: 3,534,048 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 4, 2020, was canceled. Incumbent Raquel Montoya-Lewis (Nonpartisan) and Dave Larson (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 3 without appearing on the ballot.
Incumbent Charles W. Johnson (Nonpartisan) won election in the general election for Washington State Supreme Court Position 4 on November 3, 2020.
Candidate | % | Votes | ||
| ✔ | | Charles W. Johnson (Nonpartisan) | 97.7 | 2,850,924 |
| Other/Write-in votes | 2.3% | 66,407 | ||
| Total votes: 2,917,331 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 4, 2020, was canceled. Incumbent Charles W. Johnson (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 4 without appearing on the ballot.
Incumbent G. Helen Whitener (Nonpartisan) defeated Richard Serns (Nonpartisan) in the special general election for Washington State Supreme Court Position 6 on November 3, 2020.
Candidate | % | Votes | ||
| ✔ | | G. Helen Whitener (Nonpartisan) | 66.1 | 2,263,513 |
| | Richard Serns (Nonpartisan) ![]() | 33.3 | 1,140,338 | |
| Other/Write-in votes | 0.6% | 19,416 | ||
| Total votes: 3,423,267 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 4, 2020, was canceled. Incumbent G. Helen Whitener (Nonpartisan) and Richard Serns (Nonpartisan) advanced from the special primary for Washington State Supreme Court Position 6 without appearing on the ballot.
Incumbent Debra Stephens (Nonpartisan) won election in the general election for Washington State Supreme Court Position 7 on November 3, 2020.
Candidate | % | Votes | ||
| ✔ | | Debra Stephens (Nonpartisan) | 97.9 | 2,852,879 |
| Other/Write-in votes | 2.1% | 60,808 | ||
| Total votes: 2,913,687 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 4, 2020, was canceled. Incumbent Debra Stephens (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 7 without appearing on the ballot.
See also: Washington Supreme Court elections, 2018
Incumbent Susan Owens (Nonpartisan) won election in the general election for Washington State Supreme Court Position 2 on November 6, 2018.
Candidate | % | Votes | ||
| ✔ | | Susan Owens (Nonpartisan) | 100.0 | 2,062,701 |
| Total votes: 2,062,7010 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
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The primary scheduled for August 7, 2018, was canceled. Incumbent Susan Owens (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 2 without appearing on the ballot.
Incumbent Steven Gonzalez (Nonpartisan) defeated Nathan Choi (Nonpartisan) in the general election for Washington State Supreme Court Position 8 on November 6, 2018.
Candidate | % | Votes | ||
| ✔ | | Steven Gonzalez (Nonpartisan) ![]() | 67.6 | 1,687,073 |
| | Nathan Choi (Nonpartisan) | 32.4 | 809,176 | |
| Total votes: 2,496,2490 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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The primary scheduled for August 7, 2018, was canceled. Incumbent Steven Gonzalez (Nonpartisan) and Nathan Choi (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 8 without appearing on the ballot.
Incumbent Sheryl Gordon McCloud (Nonpartisan) won election in the general election for Washington State Supreme Court Position 9 on November 6, 2018.
Candidate | % | Votes | ||
| ✔ | | Sheryl Gordon McCloud (Nonpartisan) | 100.0 | 2,005,244 |
| Total votes: 2,005,2440 | ||||
= candidate completed the Ballotpedia Candidate Connection survey. | ||||
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The primary scheduled for August 7, 2018, was canceled. Incumbent Sheryl Gordon McCloud (Nonpartisan) advanced from the primary for Washington State Supreme Court Position 9 without appearing on the ballot.
Governor Bob Ferguson (D) appointed Colleen Melody to the Washington State Supreme Court on November 24, 2025.[31] Melody replaces Justice Mary Yu, who retired on December 31, 2025. Melody is Gov. Ferguson's first nominee to the nine-member supreme court.
In Washington, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election, at which point he or she may run to serve for the remainder of the predecessor's term.[13] If the resignation and subsequent appointment takes place after the filing period opens for that year's elections, the appointee must stand in the next year's election to remain on the bench.[32]
On December 4, 2019, Governor Jay Inslee (D) appointed Judge Raquel Montoya-Lewis to succeed Chief Justice Mary Fairhurst on the Washington Supreme Court. Fairhurst retired January 5, 2020, for health reasons.[33][34]
At the time of the appointment under Washington law, the governor appointed a replacement in the event of a midterm vacancy. Montoya-Lewis was Inslee's second nominee to the nine-member supreme court.
Governor Jay Inslee (D) appointed Judge G. Helen Whitener to the Washington Supreme Court on April 13, 2020. Whitener succeeded Justice Charles K. Wiggins, who retired at the end of March 2020. Whitener was the governor's third nominee to the nine-member state supreme court.[35][31]
At the time of the appointment under Washington law, the governor appointed a replacement in the event of a midterm vacancy. Otherwise, judges were selected in nonpartisan elections.
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[2]
| Washington Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2021 | 1,173 | 1,144 |
| 2020 | 1,361 | 1,249 |
| 2019 | 1,397 | 1,306 |
| 2018 | 1,388 | 1,269 |
| 2017 | 1,413 | 1,500 |
| 2016 | 1,408 | 1,404 |
| 2015 | 1,585 | 1,402 |
| 2014 | 1,530 | 2,949 |
| 2013 | 1,578 | 1,509 |
| 2012 | 1,479 | 1,439 |
| 2011 | 1,515 | 1,503 |
| 2010 | 1,556 | 1,578 |
| 2009 | 1,570 | 1,832 |
| 2008 | 1,607 | 1651 |
| 2007 | 1,468 | 1,382 |
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
For the study's full set of findings in Washington, click here.
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[37]
Washington had a Court Balance Score of -5.67, indicating Democrat control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Washington was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Washington received a score of -0.91. Based on the justices selected, Washington was the 5th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[38]
The following are noteworthy cases heard before the Washington Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
| • Underfunding education (2012-2015) Judge(s):Justice Debra Stephens (McCleary v. State of Washington, Supreme Court No. 84362-7) | Click for summary→ | ||||||
|---|---|---|---|---|---|---|---|
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In McLeary v. State, the Washington Supreme Court found that the state was not adequately funding K-12 education in accordance with the state constitution, which states:
The high court confirmed a lower court's ruling on January 5, 2012, and required the state legislature to adjust the budget to provide more funding for education. Specifically, it explained that the legislature was required to produce a "phase-in plan for achieving the State's mandate to fully fund basic education and demonstrate that its budget meets its plan."[39] This requirement was reiterated by a court order in January 2014 that required a plan to be submitted to the court by April 30, 2014. When this deadline was not met, the court found the state to be in contempt on September 11, 2014, but delayed sanctions until the 2015 legislative session.[40] In April 2015, the court granted an extension on sanctions when legislators went into special session to negotiate a two-year state budget. The court granted another extension on June 8, 2015 and ordered the state to file its annual progress report with the court, along with its plan to fund the 2017-2018 school year, by the earlier of July 27 or 15 days after the adjournment of the special session.[41] When the state missed this extended deadline, the court on August 13, 2015, ordered sanctions of $100,000 per day so long as the state violated the court's January 2014 order.[42] The court planned to collect the fines totaling $700,000 per week and put them in an education fund until a new education plan was approved.[43] Education funding problems and stalled contract negotiations led to Seattle's first teacher strike in 30 years. Teachers went on strike during the 2015-2016 school year's first week of classes.[43] | |||||||
| • Operation of charter schools (2014-2015) Judge(s):Chief Justice Barbara Madsen (League of Women Voters, et al. v. State of Washington, Supreme Court No. 89714-0) | Click for summary→ |
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On September 4, 2015, the Washington Supreme Court declared the state's Charter Schools Act unconstitutional. Under the Act, the daily operation of charter schools is not governed by local school boards and charter schools receive funding from the same source as public schools. Deeply concerned over the lack of local control and fiscal impact of implementing the Act, the League of Women Voters of Washington, parents, teachers and other groups sued the State of Washington in King County Superior Court. Initiative 1240, the basis for the Charter Schools Act, was approved by Washington state voters in November 2012.[44] The trial court held that charter schools are not "common schools" under article IX of Washington's Constitution so the funding required for common schools under the state constitution could not be used to fund charter schools. The trial court also determined that the funding provisions were severable, or could be separated from the Act, rendering it otherwise constitutional. All parties sought review. The Washington Supreme Court granted review and held that the provisions for funding charter schools as common schools were integral to the Act, and therefore not severable. Legislation is unconstitutional in its entirety if an invalid provision cannot be severed.[44] The supreme court did not indicate what would happen to the state's charter schools and sent the case back to King County Superior Court for an appropriate order.[44] The ruling affects the state's nine charter schools and about 1,200 students.[43] The 6-3 decision in the charter school case was issued days before the start of the 2015-2016 school year.[44] During the same week, Seattle faced its first teacher strike in 30 years.[43] In August, the Washington Supreme Court ordered $100,000 per day sanctions until a new state education plan was approved.[42] | |
| • No-contact order (2008) Judge(s):Justice Tom Chambers (State v. Warren, No. 79356-5) | Click for summary→ |
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In State v. Warren 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 to 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.[45] | |
| • Prisoners and public records (2008) Judge(s):Justice Barbara Madsen (Livingston v. Cedeno, No. 79608-4) | Click for summary→ |
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The Court issued a 5-4 ruling in July 2008 holding 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 if the information is considered contraband. "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.[46] Dissenters were led by James Johnson. | |
| • Same-sex marriage (2006) Judge(s):Justice Barbara Madsen (Andersen v. King County, No. 75934-1) | Click for summary→ |
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In a July 2006 decision that split 5-4, the court upheld the state's ban on same-sex marriage. The decision combined two cases where trial courts had struck down the 1998 state law banning gay marriages. 19 same-sex couples were the plaintiffs in the case. They sought the right to get married or to have their marriages from other jurisdictions recognized in Washington. Six different opinions were issued by the justices of the court.[47] Same-sex marriage was approved by voters in Washington in 2012 with the ballot measure known as Referendum 74.[48] | |
| • Public disclosure (2004 & 2009) Judge(s):Justice Debra Stephens (Rental Housing Association of Puget Sound v. City of Des Moines, No. 80532-6) | Click for summary→ |
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May 2004: In the 5-4 opinion, the state supreme court ruled that attorney-client privilege trumps the state public-disclosure law for government agencies and their attorneys. Therefore the communications between the two would not need to be publicly available. The Public Disclosure Act was approved by voters in a 1972 ballot initiative. The majority said there was a clear exemption for such information in a 1987 amendment to the act. In dissent, Justice Gerry Alexander said the decision "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.[49] January 2009: In Rental Housing Association of Puget Sound v. City of Des Moines, Justice Debra Stephens wrote the 8-1 majority opinion. The court ruled that a person requesting records has one year to sue an agency whose response to the request is found inadequate by the requester. Public information advocates hailed the decision.[50] October 2009: In City of Federal Way v. Koenig, written by Justice Susan Owens, the court held that Washington's Public Disclosure Act does not apply to state judicial records. Owens was joined in her opinion by Charles Johnson, Mary Fairhurst, James Johnson, Tom Chambers and Justice Pro Tem Joel M. Penoyar.[51] | |
The Washington Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Washington. It consists of four canons:
The full text of the Washington Code of Judicial Conduct can be found here.
Judges in Washington may be removed in one of two ways:
Washington became a part of the Oregon territory in 1848. The territory encompassed much of present-day Oregon, Washington, and Idaho. A territorial government was put into operation in 1849 that included a supreme court, district courts, probate courts, and justices of the peace, as provided in the Territorial Act. The supreme court consisted of three justices, appointed by the U.S. president with consent of the U.S. senate, for four-year terms. The territory was divided into three circuits and the justices were required to ride circuit as district court judges throughout the year. Appeals of district court decisions were heard by the territorial supreme court. Appeals from the territorial supreme court could be taken to the U.S. Supreme Court.[54][55]
In 1853, Washington became its own territory with its own supreme court. President Franklin Pierce nominated three judges to the new territorial supreme court in the same year. Governor Isaac Stevens designated three judicial districts and fixed dates for holding court in the three districts. In 1854 the territorial legislature created a fourth district and added a fourth supreme court judge. Judges were responsible for riding circuit as trial court judges throughout the territorial districts, which the legislature changed with some frequency. As circuit court judges and supreme court judges, supreme court judges heard appeals to cases they had previously decided. Justices of the peace, probate courts, and district courts also operated in the territory.[56]
In 1889, Washington achieved statehood. The Washington Constitution of 1889 remains the state's constitution today. The supreme court was composed of five justices selected by voters through partisan elections. Justices were no longer responsible for riding the trial court circuit. In 1905, due to the crowded backlog, the court was expanded to seven justices by the state legislature, and in 1909 it was expanded to nine, where it remains today.[57]
In 1907 the legislature established a direct nonpartisan election system for justices. In 1952 Washington HJR 6, Judge Retirement Age Amendment (1952) passed, providing that judges must retire at 75 years of age.[58]
Until the court of appeals was created in 1969, supreme court justices usually met in groups of five to expedite court business. Since then, the court meets as a whole.[59]
In Washington, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Washington's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Washington has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.
<ref> tag; name "appt" defined multiple times with different content
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: Eastern District of Washington, Western District of Washington • U.S. Bankruptcy Court: Eastern District of Washington, Western District of Washington
State courts:
Washington Supreme Court • Washington Court of Appeals • Washington Superior Court • Washington District Courts • Washington Municipal Courts
State resources:
Courts in Washington • Washington judicial elections • Judicial selection in Washington