The Unanimous Opinions: Lummi, S.S.Y., and Werner
Lummi Indian Nation v. State, No. 81809-6. In 1998, the Court held in Dep't of Ecology v. Theodoratus that "new private water rights did not fully vest until the water was put to a beneficial use...." Five years later the legislature redefined "certain nongovernmental water suppliers as municipal," so that Theodoratus would not apply to them, and made the change retroactive. Various Indian tribes and environmentalist
organizations sued, alleging that the legislature had violated the separation of powers by overruling the Court and alleging a facial violation of due process for making the change retroactive. The trial court found that the legislature had violated the separation of powers and either rejected or declined to reach the other claims; both sides appealed.
The Supreme Court, in a unanimous opinion authored by Justice Chambers, reverses the trial court on the separation of powers and sustains the rest of the lower court's decision, effectively finding for the state on all issues and upholding the legislative changes. The Court notes that this rejection of the facial challenge does not prevent parties from bringing "as applied challenges. (briefs, argument)
State v. S.S.Y., No. 83299-4. S.S.Y., a juvenile, was convicted of first degree assault and first degree robbery for a vicious attack that left the victim, another youth, with permanent injuries. The juvenile court determined that S.S.Y.'s sentences run consecutively, which S.S.Y. challenged. The Court of Appeals upheld the sentence. The Supreme Court agrees that the legislature intended to punish the crimes of first degree assault and first degree robbery separately and thus upholds the courts below. The Chief Justice writes for a unanimous court. (briefs, argument)
State v. Werner, No. 84388-1. Werner was convicted of first degree assault after an altercation with a neighbor. According to Werner, the neighbor had seven dogs, including pit bulls and a Rottweiler, that were menacing Werner when he pulled his handgun, which then accidentally discharged. Werner appealed on the grounds that the trial court refused to instruct the jury on self defense. The Court of Appeals affirmed. The Supreme Court, with a per curiam opinion, reverses the courts below and reverses Werner's conviction.
