This week at the Supreme Court, July 5, 2010
This week the Supreme Court will review new petitions for review on Tuesday and may release opinions on Thursday. No arguments are scheduled.
This week at the Supreme Court, June 14, 2010
The Supreme Court may issue opinions this week on Thursday. No arguments are scheduled.
This week at the Supreme Court, May 31, 2010
There are no arguments scheduled this week. The court will consider new petitions for review on June 1 and may issue opinions on June 3.
This week at the Supreme Court, May 24, 2010
This week the Supreme Court will hear arguments in several cases on Thursday and will likely issue opinions on that day as well.
This week at the Supreme Court, May 17, 2010
The Supreme Court is on the road this week visiting Big Bend Community College. The justices will visit today with students at an open forum and will hear arguments at the college on Tuesday, with Q & A sessions after oral arguments. The court will likely issue opinions on Thursday.
And a technical note: we had a problem with the podcast RSS feed, preventing users from getting the latest episode from iTunes. The problem is fixed now. If you're not subscribed to the Supreme Court of Washington Podcast on iTunes you should be.
This week at the Supreme Court, May 10, 2010
The Supreme Court will hear oral arguments on Tuesday and Thursday, including a case addressing whether federal law preempts the state Public Records Act, and whether a statute criminalized sex between a school employee and an 18-year-old student and if so whether the statute is unconstitutional.
The Court will likely issue opinions on Thursday.
State auditor issues report on Supreme Court
The Washington Policy Center notes that the State Auditor's Office issued an audit finding yesterday related to the Supreme Court's cash receipt practices. The Court collects an average of $62,000 each year in filing fees, copy charges, fines, and other charges. The Auditor's Office writes: "the Court’s internal controls are inadequate to prevent or detect the misappropriation of public funds" and the Auditor provided several recommendations for preventing or detecting misappropriation of funds. The Court indicated that it would implement procedures to mitigate risk.
This week at the Supreme Court, May 3, 2010
This week the Supreme Court begins its Spring Term and will resume hearing arguments on Thursday. The Court may also issue opinions on Thursday.
The Court also announced that an exhibit commemorating the 100th anniversary of women’s suffrage in Washington State will remain on display in the Temple of Justice in Olympia until further notice. The exhibit honors a series of "firsts" accomplished by women in the state's legal profession, and is open to the public from 8 a.m. to 5 p.m. Monday through Friday.
City of Seattle asks Supreme Court to order AG McKenna to drop health care lawsuit
The City of Seattle is asking the Supreme Court of Washington to order Attorney General Rob McKenna to withdraw from the multistate lawsuit challenging the constitutionality of the health care bill recently adopted by Congress (the Patient Protection and Affordable Care Act).
On April 22 City Attorney Peter S. Holmes filed a petition for a writ of mandamus. He wants the state Supreme Court to order a formal withdrawal from the lawsuit.
“The Mayor, the City Council and I want Rob McKenna to comply with the law. He does not have the authority to take this cynical, partisan action in the name of the State of Washington,” Holmes said. “He certainly does not represent the City of Seattle. While claiming concern for the U.S. Constitution, the Attorney General disregards Washington’s own constitution. He should withdraw from the lawsuit.”
According to the City Attorney’s Office, the Washington Supreme Court clerk has set a commissioner’s hearing for the petition for June 24. If the commissioner decides to send the case on to the Supreme Court a hearing date and briefing schedule will be assigned.
When McKenna announced he would join the lawsuit he said: “I believe this new federal health care measure unconstitutionally imposes new requirements on our state and on its citizens. This unprecedented federal mandate, requiring all Washingtonians to purchase health insurance, violates the Commerce Clause and the 10th Amendment of the U.S. Constitution.”
We usually don’t offer predictions on this blog, but the odds for the City of Seattle are not good. The Supreme Court very rarely issues writs of mandamus. The petitioner must show that a public official is failing to perform a mandatory, non-discretionary duty. The attorney general will likely argue that his office has discretion in making litigation decisions.
This type of case, where the Supreme Court can find some freedom of judgment on the part of the official, usually result in a denial of the petition. Just recently the Supreme Court refused to issue a writ of mandamus, holding that Gov. Gregoire had no obligation, despite clear statutory language, to include arbitrated awards for public employees in her 2008 budget proposal.
Your Supreme Court in Action
The Washington Supreme Court's internet presence just got an upgrade. Check out the new web page that provides a look at the court "up close and in action." Most of the information on this page was previously available, but it's now provided in a more user-friendly format, along with pictures and a schedule of events.
This week at the Supreme Court, March 29, 2010
The Supreme Court will consider new petitions for review on Tuesday, and will hear arguments in one case on Wednesday. Opinions may be released on Thursday.
This week at the Supreme Court, March 22, 2010
No arguments this week. The Supreme Court will likely issue opinions on Thursday.
This week at the Supreme Court, March 15, 2010
This week the Supreme Court will hear arguments on Tuesday and Thursday, and may issue opinions on Thursday.
This week at the Supreme Court, March 8, 2010
The Supreme Court will hear arguments in several cases on Tuesday, and will likely issue opinions on Thursday.
This week at the Supreme Court, March 1, 2010
The Washington Supreme Court will consider new petitions for review on Tuesday, and may issue opinions on Thursday. No arguments are scheduled this week.
In other news, Supreme Court hopeful Charlie Wiggins in now on Twitter.
This week at the Supreme Court, Feb. 22, 2010
The Supreme Court will resume hearing arguments this week, on Feb. 23 and 25. The Court may issue opinions on Thursday.
On the road
The Supreme Court will hit the road again, this time hearing arguments on three cases at Skagit Valley College’s Mount Vernon Campus on February 22-23. Students will also have an opportunity to interact with justices over lunch and in class.
UPDATE: The Skagit Valley Herald has a story about the arguments conducted on the road.
This week at the Supreme Court, Feb. 8, 2010
This week the Supreme Court will consider new petitions for review on Tuesday, and may issue opinions on Thursday.
This week at the Supreme Court, Feb. 1, 2010
The Supreme Court may issue opinions on Thursday. No arguments are scheduled for this week.
This week at the Supreme Court
The Supreme Court will hear arguments this week on Tuesday and Thursday, and may issue opinions on Thursday.
Last Friday Chief Justice Barbara Madsen delivered a written report to the legislature on the State of the Judiciary. In it she discusses the funding crisis facing the state's courts, especially at the local level, which have totaled more than $17 million dollars in reductions in the past two years alone.
This week at the Supreme Court, January 18, 2010
The Supreme Court will hear arguments on Tuesday and Thursday, and may issue opinions on Thursday.
This week at the Supreme Court, January 11, 2010
This week the Court commences its winter term. Barbara Madsen will be sworn in as the state's next chief justice on Monday morning. The event can be watched here on TVW. The Court will hear arguments in cases on January 12 and 14, and may issue opinions on January 14.
UPDATE: The video of Chief Justice Madsen's swearing-in ceremony is now available.
This week at the Supreme Court, January 4, 2010
The Supreme Court will consider new petitions for review on January 5, and may issue new opinions on January 7.
This week at the Supreme Court, Dec. 14, 2009
The Court may issue opinions on Thursday, December 17. No oral arguments are scheduled this week.
This week at the Supreme Court, Nov. 30, 2009
The Supreme Court will consider new petitions for review on Tuesday, December 1, and may issue opinions on December 3. No oral arguments are scheduled until the Winter 2010 term resumes in January.
This week at the Supreme Court, November 16, 2009
The Supreme Court will hear arguments today and tomorrow, and may issue opinions on Thursday.
This week at the Supreme Court, Nov. 9, 2009
The Supreme Court will hear oral arguments on November 10 and may issue opinions on November 12.
Justice Barbara Madsen's opinions
With the news that Justice Barbara Madsen will be the Washington Supreme Court’s next chief justice, we thought this would be a good opportunity to review some of her noteworthy opinions. Since her election to the court in 1992, Justice Madsen has written a number of significant opinions in areas such as campaign finance, gay marriage, property rights, nude dancing ordinances, and constitutional interpretation.
Continue Reading...Chief Justice Madsen
Today Justice Barbara Madsen was elected by her colleagues to be Washington's next Chief Justice, according to the Seattle PI and the Associated Press.
Madsen, who before becoming a judge served as both a public defender and a prosecutor, will become Chief in January. She will replace Chief Justice Gerry Alexander, who decided to step down from the position prior to his mandated retirement from the bench at the end of 2011. He will turn 75 that year, the mandatory retirement age for Washington Judges, as we discussed with him in our most recent podcast.
UPDATE: Here is the Court's press release.
This week at the Supreme Court, Nov. 2, 2009
There are no arguments scheduled this week. New petitions for review will be considered on November 4, and the court may issue opinions on November 5.
Additionally, the justices will be voting this week to select a new chief justice. Chief Justice Alexander explained how this process works during last week's appearance on the podcast.
This week at the Supreme Court, October 19, 2009
The Supreme Court will hear arguments this week on Tuesday and Thursday, and will likely issue opinions on Thursday (Oct. 22).
This week at the Supreme Court, Oct. 5, 2009
The Supreme Court may issue opinions on Thursday. No oral arguments are scheduled this week.
Time to retire mandatory retirement for judges?
Prompted by the news that Chief Justice Gerry Alexander is positioning himself for mandatory retirement in 2011, the Spokesman-Review has an editorial today that says we should re-think the judicial retirement issue.
The state constitution was amended in 1951 to require judges to step down when they turn 75. The Spokesman-Review points out that life expectancy has gone from 66 years to 78 since the 1950s. Another problem with the mandatory retirement is that the governor appoints a replacement rather than allowing voters to select a judge.
The piece pays a backhanded compliment: “Alexander shows no signs of cognitive failings” – picture the Chief in his office – “Gee, thanks!” At the very least, says the editorial, judges who turn 75 should be permitted to serve out the remainder of their term.
Selecting a new chief justice
Chief Justice Gerry Alexander is stepping down from the role he has held for nine years, opening the way for a new chief to be selected. (His long and distinguished legal career is detailed here.)
Alexander says he'll use his remaining time on the bench to assist the new chief, in addition to continuing to perform his duties as an associate justice of the court. This move will allow for a seamless transition when Alexander retires from the bench in 2011 when he reaches mandatory retirement age.
The Supreme Court Administrative Rules describe the process for selecting a new chief. The justices will meet in November and make verbal nominations. The justices will then vote by secret ballot and the individual who receives a majority of votes will begin his or her four-term as chief the following January.
No word on who will replace Alexander, though Justice Charles Johnson already holds the position of associate chief justice -- a role that goes to the justice who has served on the court the longest. Justice Johnson is well-respected, a constitutional scholar, and is already deeply involved in the court's administrative functions, so it wouldn't be a surprise to see him selected.
Chief Justice Alexander to step down
King5 is reporting that Chief Justice Gerry Alexander will step down from his leadership seat in 2010, serving out his term as an Associate Justice (his term ends in 2011). The story quotes Alexander as saying:
“It has been an incredible privilege and an honor to serve as the state’s Chief Justice for the past nine years,” said Alexander. “I am immensely proud of our Court, and I feel this is the perfect time to turn this position over to one of my able colleagues.”
His replacement will be chosen by the other Justices later this fall.
This week at the Supreme Court, Sept. 28, 2009
The Supreme Court may issue opinions on Thursday. No oral arguments are scheduled for this week.
This week at the Supreme Court, September 21, 2009
The Supreme Court will hear arguments this week on Tuesday and Thursday (including a re-argument of public records case Yousoufian v. Ron Sims) and may issue opinions on Thursday.
Judicial elections in Washington
Retired Supreme Court Justice Sandra Day O'Connor recently spoke at Seattle University Law School, and she had some advice for Washingtonians. As the AP reports: "The first woman to serve on the U.S. Supreme Court says there's a serious problem with the government in Washington and many other states: They elect their judges." Justice O'Connor says judicial independence is threatened with the amount of money that is poured into judicial races. She questioned whether cases such as Brown v. Board of Education would have had the same ruling if those justices had to face an upcoming election.
Interestingly, Washington State Supreme Court Chief Justice Gerry Alexander, who won a hotly-contested reelection in 2006, disagreed. He said that while the process is not perfect, it has worked well in the past. Alexander said it is beneficial ("humbling") for judges to go through an election.
UPDATE: And speaking of judicial elections...the topic will be discussed today on The Conversation (KUOW 94.9 FM) at noon.
This week at the Supreme Court, September 14, 2009
The Supreme Court's fall term begins this week, with oral arguments on September 15 and 17. The court may issue opinions on Thursday. As always, we'll preview arguments and review each of the court's decisions.
This week at the Supreme Court, August 17, 2009
The Supreme Court may issue opinions on August 20. No oral arguments are scheduled this week.
This week at the Supreme Court, August 10, 2009
The Supreme Court may issue opinions on August 13. No oral arguments this week.
This week at the Supreme Court, August 3, 2009
The Supreme Court may issue opinions on August 6. No arguments are scheduled while the court is in summer recess.
This week at the Supreme Court, July 27, 2009
The Supreme Court may issue opinions on July 30. No arguments are scheduled while the court is in summer recess.
This week at the Supreme Court, July 20, 2009
The Supreme Court is in recess in will not hear oral arguments this week. The court may issue opinions on July 23.
In other judicial news, the Vancouver Columbian has an editorial that says the state's mandatory retirement rule for judges (at age 75) should be lifted. For example, Chief Justice Gerry Alexander faces mandatory retirement in 2011.
The court's 2009 statistics (YTD)
Last week the Supreme Court of Washington concluded its Spring Term. With that milestone, we are introducing a new feature here at the blog. Every term we will track the opinions and votes of each justice, and will provide a spreadsheet with a case-by-case breakout. Here are the raw numbers for January - June 2009.
A few trends are worth noting in the charts below.
Number of Opinions by Justice
|
Justice |
Majority Opinions |
Concurring Opinions |
Dissents |
Total Opinions |
|
Alexander |
2 |
1 |
3 |
6 |
|
C.Johnson |
4 |
0 |
3 |
7 |
|
Madsen |
8 |
9 |
5 |
22 |
|
Sanders |
5 |
1 |
8 |
14 |
|
Chambers |
10 |
0 |
1 |
11 |
|
Owens |
3 |
1 |
1 |
5 |
|
Fairhurst |
5 |
2 |
4 |
11 |
|
J.Johnson |
0 |
1 |
1 |
2 |
|
Stephens |
10 |
2 |
1 |
13 |
(more after the jump)
Continue Reading...Baliff Steve Englehorn retires
The voice you hear opening and closing sessions of the state Supreme Court will be changing. This week Chief Justice Gerry Alexander took a moment to recognize Steve Englehorn, who has served as the court bailiff. Mr. Englehorn is retiring after twelve years of service in that position, and thirty years with the Washington State Patrol.
Gavel-bangers, get your resumes in quickly!
Observations on law blogs
The Washington State Bar Association has printed an article by yours truly about the value (both for individual lawyers and the profession) of legal blogging. Many thanks to Greg Overstreet, D. Jill Pugh, Venkat Balasubramani, Kevin O'Keefe, Kristin Alexander, and Rita Kaiser for their input!
Read it here: Washington lawyers find blogs a valuable tool
This week at the Supreme Court, June 29, 2009
The Supreme Court will hear arguments in several cases on June 30, and may issue opinions on July 2. This week marks the close of the court's spring term; oral arugments will resume in the fall.
This week at the Supreme Court, June 22, 2009
The Supreme Court of Washington will hear arguments on June 23 and 25. The court may issue opinions on June 25.
Justice Debra Stephens profiled
There is a good piece in Law & Politics Magazine profiling Washington's newest justice. Her career is well-document in her court biography, but the L&P article includes some previously unpublished tidbits. She almost drowned in the Snake River at the age of 8, she nearly pursued a Ph.D. in philosophy, and she plays golf. (There's a picture of Justice Stephens using a 3 or 5 wood on the fairway, which I've always found difficult.)
Funding the Supreme Court
Continuing our theme of fiscal news, yesterday Governor Gregoire signed the 2010-2011 operations budget, and I took a moment to review whether the state supreme court was among the many who took an expenditure cut.
Sure enough, the Court got less than it asked for, but I was surprised to see that it received $1.2 million more than it spent in 2007-2009. That's an increase of nearly 9 percent despite the loss of three FTEs. (Figures are from the very useful fiscal.wa.gov website)
Full details after the jump...
Continue Reading...
Commission freezes Washington judicial pay
The Washington Citizens' Commission on Salaries for Elected Officials, which sets the pay for state officers, voted yesterday to freeze the pay for the state's judges, legislators, and state-wide officers. The pay for a state Supreme Court justice will remain at $164,221 for the next two years.
Memorial service for two former justices
Today the Supreme Court will hold a memorial service for two former justices who passed away last year: Justice Robert F. Brachtenbach and Justice Keith Callow. The service will be in the Temple of Justice in Olympia, at 9:00 a.m.
Justice Brachtenbach was a member of the Supreme Court for more than 22 years, serving as Chief Justice in 1981-1983. Justice Callow was elected to the Washington State Supreme Court in 1984. His career included 21 years as a judge at three levels of Washington courts.
UPDATE: TVW has video of the service.
Legislature increases court fees
Friday fun: Justice Tom Chambers' blog
Talking today to Venkat Balasubramani, who blogs at the very-readable Spam Notes, and he alerted me to the fact that Justice Tom Chambers has a blog. So using everyone's favorite research tool -- Google -- I looked it up. His website (www.tomchambers.com) has a biography, a slideshow, a categorized archive of his opinions, and yes, a blog.
Technically, the blog is more of a semi-monthly e-newsletter. Since July 2008 he's posted four entries, which is not exactly prolific. But the entries are very interesting: he writes about his thought process in specific cases (did the Supreme Court really say it's okay to lie?), his complaints about talk radio (pundits distort careful legal analysis), his political leanings (Libertarian). Did you know he likes to watch Bill O'Reilly on Fox News?
An interesting read, and definitely worth keeping an eye on. One of the complaints I often hear is the difficulty in deciding how to vote in a state that elects its judges -- especially for voters who don't continually monitor the court. Commentaries like Justice Chambers' blog help fill the gap.
Bill raising court fees passes House
Yesterday the bill raising court fees cleared one chamber of the state legislature. SHB 2362 goes now to the Senate for approval. The bill report lists the current fee schedule for superior and district court filings:
| Superior Court Filing |
Fee |
| First or initial paper in any civil action | $200 |
| Unlawful detainer action | $45 |
| First or initial paper on appeal from a court of limited jurisdiction or any civil appeal | $200 |
| Petition for judicial review under the Administrative Procedure Act | $200 |
| Notice of debt due for the compensation of a crime victim | $200 |
| First paper in a probate proceeding | $200 |
| Petition to contest a will admitted to probate or petition to admit a will which has been rejected | $200 |
| Notice of appeal or notice of discretionary review | $250 |
| District Court Filing | Fee |
|
Any civil action at time of commencement or transfer |
$43 + potential $10 surcharge for dispute resolution centers |
|
Counterclaim, cross-claim, or third-party claim |
$43 + potential $10 surcharge for dispute resolution centers |
| Small claims | $14 + potential $15 surcharge for dispute resolution centers |
SHB 2362 would impose the following temporary surcharges to be collected in addition to current fees.
- $30 for the filings listed in the superior court chart above, except for the filing of a first or initial paper in an appeal from a court of limited jurisdiction, which is subject to a $20 surcharge;
- $20 for the filings listed in the district court chart above, excluding small claims; and
- $10 for small claims filings.
The request to the Supreme Court to raise attorney licensing fees was stripped from the bill. If passed, the bill would take effect July 1, 2009. The surcharges are set to expire on July 1, 2011.
Filing fees and bar fees to go up?
A bill introduced today in the Washington Legislature would increase court filing fees and attorney licensing fees. HB 2362 would add a surcharge to the fees already collected by county clerks. The fee increase would include:
- $50 for filing civil actions and other matters with the county clerk
- $93 for filing an unlawful detainer action
- $200 for filing a notice of appeal or notice of discretionary review
In a hearing this morning, Chief Justice Gerry Alexander urged a House committee to reject the fee increases.
The bill also asks the state Supreme Court to authorize increases in attorneys' licensing fees in order to support the operation of the state law library.
First woman Washington Supreme Court justice honored
The Legacy Project recently honored former Washington State Supreme Court Justice Carolyn Dimmick for her role as the first woman to serve on the state Supreme Court. Carolyn Dimmick has served as a judge since 1965. The state’s first female governor, Dixy Lee Ray, elevated Dimmick to the Supreme Court in 1981. In 1985, President Ronald Reagan appointed Dimmick to the U.S. District Court in Seattle, where she serves on senior status at the age of 79.
The Legacy Project publishes oral histories and biographies of individuals instrumental in shaping Washington state history.
In a separate ceremony on March 27, a plaque was unveiled in Olympia to mark the 100th anniversary of the state Legislature's decision to give women the right to vote. A vote by an all-male electorate in 2010 ratified the Legislature's authorization. Justice Debra Stephens, the newest member of the Supreme Court, spoke at the event. "The fight for women's suffrage is a reminder that all things worth fighting for take hard work, passion and time," she said.
This week at the Supreme Court
No oral arguments are scheduled this week. The court may release one or more opinions on March 19.
Former Supreme Court justice urges abolishing the death penalty
With the imminent execution of convicted murderer Cal Coburn Brown, retired Washington State Supreme Court Justice Robert F. Utter says Washington state should abandon the death penalty. I've long been an admirer of Justice Utter's insights on the constitution, but I learned something new from his Seattle Times op-ed: he resigned in 1995 after 23 years on the court to protest the death penalty.
TVW interview with Justice Charles Johnson
TVW's legal affairs program The Docket features an interview with Supreme Court Justice Charles Johnson, the court's senior member.
Updated Courts Media Guide now available
The Media Guide to Washington State Courts has been updated and is now available on the Washington Courts website. The updates include information on tribal courts, the new media Shield Law (RCW 5.68.010), and a new chart of Washington courts.
