January petitions for review

The Supreme Court granted review of several cases in its January 4 conference.

State v. Chambers, No. 86474-8, James Chambers was the defendant in multiple criminal cases and entered in to a single plea agreement for the multiple charges. He filed a motion to withdraw his guilty pleas. The trial court granted Chambers’ motion. The Court of Appeals (Div. II) held that the plea agreement was indivisible and that the defendant was only permitted to withdraw his plea as to individual charges.

National Surety Corporation v. Immunex Corporation, No. 86535-3, Immunex Corporation was sued along with several other drug manufacturers for using inflated average wholesale prices for reimbursements. National Surety Corporation, Immunex’s liability insurer, brought action against Immunex to determine whether or not they owed duty to defend Immunex in the cases. The lower court ruled they did not owe the duty to defend. Instead, National Surety Corporation must compensate insured for defense costs until the time of the court’s ruling on the duty to defend. The Court of Appeals (Div. I) held that National Surety Corporation was required to reimburse defense costs and was liable for pre-tender defense costs if prejudice was not shown.

Wash. State Nurses Ass’n v. Sacred Heart Med. Ctr., No. 86563-9, The Washington State Nurses Association and a member sued their employer, Sacred Heart Medical Center, for violation of the Minimum Wage Act (MWA). The MWA requires two 10-minute rest breaks during an 8-hour work week. The nurses entered into a collective bargaining agreement that spells out conditions of employment including two 15-minute rest breaks during an 8-hour work week. When a Sacred Heart nurse misses a rest break in an 8-hour period, the nurse receives 15 additional minutes of pay at the regular rate. The Nurses Association sued Sacred Heart, claiming that they are entitled to overtime pay, not regular pay, for a 10-minute (state-mandated) portion of the missed rest breaks.

The superior court ruled in favor of the nurses, ordering that when a state-mandated rest break is missed it constitutes additional “hours worked.” The court agreed that missed breaks should be compensated at time and one half for the first 10 minutes missed but still compensated at straight time for the remaining 5 minutes of break time provided by the collective bargaining act. The Court of Appeals (Div. III) ruled that the regular pay of missed 15-minute rest breaks by Sacred Heart was appropriate and reversed the decision of the trial court.

Interview with Richard Sanders

We recently sat down with former Justice Richard Sanders and discussed his judicial philosophy, his approach for interpreting the constitution, several memorable cases he worked on, and finally, the last days of his 2010 campaign.

Supreme Court of Washington Podcast - Interview with Justice Richard Sanders

Today's Arguments- January 26, 2012

The Supreme Court is hearing arguments in three cases today.

Bird v. Best Plumbing Group, LLC v. Farmers Insurance Exchange, No. 86109-9. Does an insurer have a constitutional right to a jury trial on the reasonableness of a covenant judgment, under RCW 4.22.060, between an insured defendant and a plaintiff?

State v. Patrick Jimi Lyons, aka Jimi Luke Andring, No. 85746-6. The Fourth Amendment to the United States Constitution and the Washington Constitution, article I, section 7 require probable cause before a search warrant may be issued. The Court must decide if the affidavit for search warrant in this case provided sufficient information for the magistrate to find probable cause.

State v. Rowland, No. 86117-0. Rowland received an exceptional sentence above the standard range before Blakely v. Washington was decided. After Blakely, Roland was resentenced following a correction to his offender score. The Court must decide whether Blakely applied at Rowland’s resentencing.

*Summaries prepared by the Washington State Supreme Court Commissioner’s Office.

Justice Tom Chambers to step down this year

Justice Tom Chambers, the Supreme Court's Renaissance man, announced recently that he won't seek another term on the high court's bench. The Seattle Times has the story here. We'll have more on his tenure in months to come.

The announcement opens another seat at the rapidly-changing court. Justice Charles Wiggins replaced Richard Sanders last year, and Justice Stephen Gonzalez was sworn in this month to replace retiring Justice Gerry Alexander. By law Gonzalez must run again this fall.

Former Pierce County Executive John Ladenburg and King County Superior Court Judge Bruce Hilyer have both announced their bids to replace Chambers.

Justice Stephen Gonzalez sworn in today

Washington Supreme Court 2011 Statistics

Our unique statistical analysis of the Supreme Court's annual activity is complete for 2011. Every year we track the opinions and votes of each justice and provide a case-by-case breakout, along with some analysis. For comparison purposes see: 

In 2011, the Supreme Court of Washington issued opinions in 117 cases, down from 140 in 2010. The Court continues to enjoy a high level of agreement: 59 percent of all decisions were unanimous (including unanimous-in-result-only opinions and per curiam opinions). This is up from 54 percent in 2010.

Chief Justice Barbara Madsen was the most prolific writer this year, with 35 total opinions. Debra Stephens came in second with 27 opinions. wrote the most majority opinions (23). Susan Owens wrote the most majority opinions (17) as well as the most unanimous opinions (9). Owens and Mary Fairhurst were in the majority in 93.6 percent of all cases they participated in.

Looking at the rates of agreement between justices, the justices who agreed with each other most often were Charles Wiggins and Madsen (96.3%), Wiggins and Fairhurst (92.7%) and Wiggins and Stephens (92.7%). The justices with the lowest rates of agreement were Tom Chambers and Jim Johnson (73.1%), Chambers and Madsen (74.3), and Jim Johnson and Stephens 75.7%).

The Court had a change in 2011, with Charlie Wiggins replacing former Justice Richard Sanders. Wiggins only participated in 55 of the cases with an opinion this year; while Sanders served as a temporary justice on 52 cases. In that time Sanders wrote two majorities, one concurrence, and seven dissents.  

 

Opinions by Justice

 

Justice  Majority Opinions Concurring Opinions Dissenting Opinions* Total Written
Madsen 14 12 9 35
C.Johnson 12   2 14
Alexander 11 6 6 23
Chambers 14 4 5 23
Owens 17   1 18
Fairhurst 13   3 16
J.Johnson 7 4 12 23
Stephens 13 4 10 27
Wiggins 7   4 11

*Excludes partial dissents.

  

Frequency of Agreement Between Justices

  


C.Johnson Alexander Chambers Owens Fairhurst J.Johnson Stephens Wiggins
Madsen 87.1% 78.0% 74.3% 78.9% 86.1% 85.0% 80.5% 96.3%
  C.Johnson 81.8% 86.4% 87.3% 87.2% 79.6% 82.6% 87.3%
    Alexander 76.4% 85.5% 81.7% 79.6% 79.9% 81.8%
      Chambers 91.8% 84.4% 73.1% 79.8% 87.3%
        Owens 90.8% 75.9% 80.7% 89.1%
          Fairhurst 80.4% 84.3% 92.7%
            J.Johnson 75.7% 85.2%
              Stephens 92.7%

 

Frequency in the Majority

  

Justice  Majority Votes* Total Votes** % in Majority Unanimous Opinions***
Madsen 91 109 83.5% 8
C.Johnson 99 110 90.0% 8
Alexander 93 110 84.5% 4
Chambers 98 110 89.1% 8
Owens 103 110 93.6% 9
Fairhurst 102 109 93.6% 8
J.Johnson 89 108 82.4% 6
Stephens 93 109 85.3% 7
Wiggins 50 55 90.9% 3

 *Including concurring votes
**Analysis is limited to signed opinions
***Including unanimous in result

  

Frequency in the Majority in 5-4 Cases

  

Justice  Majority Opinions Majority Votes % in Majority
Madsen 3 7 50%
C.Johnson 1 8 53%
Alexander 3 7 47%
Chambers 3 8 53%
Owens 2 9 60%
Fairhurst 2 10 66%
J.Johnson   10 66%
Stephens 1 9 60%
Wiggins   1 33%

 

Number of Decisions by Vote Split

 

Splits Number of Cases % of Total
9-0* 16 13.7%
9-0 45 38.5%
8-1 8 6.8%
8-0 1 0.9%
7-2 8 6.8%
6-3 17 14.5%
5-4 15 12.8%
per curiam** 7 6.0%
TOTAL 117  

*Unanimous in result only (concurrence or partial dissent filed)

  

Number of Decisions by Vote Split

  

Vote Split Days Pending
9-0 116
9-0* 192
Court average 203
8-1 254
7-2 258
6-3 299
5-4 316

*Unanimous in result only

(Note: Feel free to use any of these numbers, but please credit the Supreme Court of Washington Blog.)

Reaction to McCleary v. State

Yesterday's ruling that the state needs to provide more money for public education set off a chorus of responses. Here’s a round-up of several reactions.

Governor Chris Gregoire
“Along with the Legislature, I’ve worked hard to ensure that every student across our state is afforded a quality education. It’s what our children deserve, and what our economy requires. I’m pleased today’s ruling by the Supreme Court recognizes our significant work to improve our education system, and acknowledges the critical reforms now being implemented.

“With that said, the Court ruled we must do more – and I agree. The Court made it clear – the Legislature, and all of us as a state, must provide dependable funding to implement the reforms we have worked so hard to develop. This ruling reinforces my call for a half-penny sales tax increase to invest in education. If we don’t, we take a step backward and not only threaten a violation of the court’s ruling, but make it more difficult for students to gain the skills and knowledge needed to compete in today’s global economy.”

Attorney General Rob McKenna (who defended the State)
“The state appealed this case to the Supreme Court to receive clarification and direction to guide the Legislature in meeting its constitutional duty — and this decision is helpful. We’re pleased the Court continues to recognize the primary role of the Legislature in determining how to meet its constitutional duty and that the Court recognizes the Legislature’s progress in fulfilling the state’s obligation in passing its 2009 education reforms.”

Washington Education Association (one of the plaintiffs in the case)
"Today, the Supreme Court reaffirmed what WEA and its partners in the Network for Excellence in Washington Schools (NEWS) have argued for so long: Public education in Washington is woefully underfunded. And this means students and schools can no longer bear the impact of further cuts to public education funding.

"The decision by the Court, coming just days before the start of the 2012 legislative session, clearly puts the responsibility for correcting the underfunding where it belongs: The state legislature. The legislature can no longer punt on full funding for public education. The legislature needs to act immediately to remedy this injustice against our children and students."

Rep. Marko Liias (D)
"It is appropriate that I was reading to a class of second graders at the same time the Supreme Court announced the state is not meeting our commitment to fully fund education. I look forward to working with my colleagues to raise the revenue it will take to give our kids the education they deserve!"

Rep. Cathy Dahlquist (R)
“As a member of the Joint Legislative Audit and Review Committee, there is an ongoing discussion about how much the state is spending on certain agencies. Most recently, the Puget Sound Partnership was the subject of our review. We have spent millions on this agency since its inception in 2007, which has not outlined or achieved a single benchmark to improve the water quality in the Puget Sound. Meanwhile, the governor and majority party are all too quick to cut education funding, then tell taxpayers they can ‘buy back’ their kids’ schooling through a $500 million dollar tax increase. These budget games are irresponsible and indefensible."

Sen. Rosemary McAuliffe (D)
“The Supreme Court has affirmed what we already knew, that we must reform basic education and pay for it,” said McAuliffe. “Through HB 2261 and HB 2776 the Legislature recognized society is demanding more from our students, so we created an enhanced program of basic education to provide them with the opportunities they need to succeed. However, we can’t reach this goal alone. We now need the public’s support of new revenue to achieve full implementation of these reforms.”

Rep. Glenn Anderson (R)
“I have been advocating for several years now that the state should fund education first in the budget. This court ruling goes right to the heart of the matter: If we do not fund education first, it becomes a political football. This is evident in the governor’s current budget proposal in which she cuts education then comes out telling taxpayers they can only ‘buy back’ her education funding cuts if they approve a half billion dollar tax hike. This approach is clearly emotional extortion to hold our children’s future hostage so other tough decisions don’t have to be made. When times are so tough and so many personal sacrifices are being made, it’s offensive to suggest such an alternative."

Yakima Herald-Republic Editorial Board
"The decision, and court oversight, may reflect not so much judicial activism as judicial impatience with a Legislature that has identified problems and enacted reforms but has not backed up its action with adequate funding. The state's increasing reliance on federal grants and local levy dollars has to stop, the justices said. The court didn't spell out what the Legislature has to do, only that lawmakers have to do something."

League of Education Voters
"The decision validates what parents, students, teachers and principals have known for a long time: The state is not meeting its duty to fund the basic education every student in Washington is entitled to."

Washington State Republican Party Chairman Kirby Wibur
“The state Supreme Court ruled this morning that the state is failing in its paramount duty to adequately and uniformly fund our schools. This fiasco comes after Democrats have controlled the governor’s office for 27 straight years, while also controlling the Senate and House for 18 and 20 of those years, respectively. Their failure to prioritize state spending on our kids and our future economic health is exactly why we need fresh thinking in Olympia, starting with Rob McKenna as our next governor.” 

Freedom Foundation Education Reform Fellow Jami Lund
"The Court has clearly concluded that the state has 'transitioned from a seat-based education system to a performance-based education system' and needs to do the same with the funding formulas.

"The Court appears to want to see a funding system which provides enough for the student learning targets the legislature has set, but also a system which shows a relationship between the results and the mechanisms used to fund those results.

"For those of us who seek varieties of approaches to meeting students’ needs, this finding is promising. If the state were to find ways to fund student success independent of the measures of bureaucracy (hours, ratios, staffing levels), then these ways would not violate the ruling.

"This ruling affirms notions of funding student success more directly, evaluating programs and employees in terms of student success, and even focusing on teacher performance incentives rather than teacher education."

Supreme Court: State has failed to fund education

In a major ruling issued today, the Supreme Court ruled that the Legislature has failed to fulfill the state's constitutional mandate to amply fund education. The case is McCleary v. State, No. 84362-7.

The court issued a lengthy opinion authored by Justice Debra Stephens. Justice Stephens summarized the major points of the ruling: 

• The judiciary has the primary responsibility for interpreting article IX, section 1 to give it meaning and legal effect.

• The legislature has the responsibility to augment the broad educational concepts under article IX, section 1 by providing the specific details of the constitutionally required “education.”

• Article IX, section 1 confers on children in Washington a positive constitutional right to an amply funded education.

• The word “education” under article IX, section 1 means the basic knowledge and skills needed to compete in today’s economy and meaningfully participate in this state’s democracy.

• The current substantive content of the requisite knowledge and skills for “education” comes from three sources: the broad educational concepts outlined in Seattle School District, the four learning goals in Engrossed Substitute House Bill (ESHB) 1209, 53d Leg., Reg. Sess. (Wash. 1993), and the State’s essential academic learning requirements (EALRs).

• The “education” required under article IX, section 1 consists of the opportunity to obtain the knowledge and skills described in Seattle School District, ESHB 1209, and the EALRs. It does not reflect a right to a guaranteed educational outcome.

• The program of basic education is not etched in constitutional stone. The legislature has an obligation to review the basic education program as the needs of students and the demands of society evolve.

• The word “ample” in article IX, section 1 provides a broad constitutional guideline meaning fully, sufficient, and considerably more than just adequate.

• Ample funding for basic education must be accomplished by means of dependable and regular tax sources.

• The State has not complied with its article IX, section 1 duty to make ample provision for the education of all children in Washington.

• The legislature recently enacted a promising reform package under ESHB 2261, 61st Leg., Reg. Sess. (Wash. 2009), which if fully funded, will remedy deficiencies in the K-12 funding system.

• This court defers to the legislature’s chosen means of discharging its article IX, section 1 duty but retains jurisdiction over the case to help facilitate progress in the State’s plan to fully implement the reforms by 2018.

In a rare move, the Supreme Court retained jurisdiction of the case and gave the Legislature a six-year deadline to implement necessary reforms.