Richard Sanders may seek another Supreme Court seat

Lynne Varner, the Seattle Times editorial writer who may have single-handedly defeated Justice Richard Sanders' re-election bid, has a fascinating column about the former state supreme court justice.

Sanders recently met with Varner. He mentioned that he may seek the bench again, which is not unexpected. But the story includes this bombshell: "Sanders says he won't try to unseat the man who beat him last fall, Justice Charlie Wiggins. That contest is too far away. But Justice Gerry Alexander retires at the end of the year and Sanders would like to be the governor-appointed successor."

Definitely worth following...

Today's inauguration ceremony

The inauguration ceremony for Chief Justice Barbara Madsen, Justice Jim Johnson, and Justice Charlie Wiggins is now available on TVW. 

What does a Sanders-less Supreme Court look like?

After 14 years on the bench, Justice Richard Sanders will relinquish his seat to Justice-elect Charlie Wiggins—one of the most significant upsets at the Washington State Supreme Court.

So what does the court look like without Justice Sanders?

Justice Richard Sanders certainly presented a strong libertarian viewpoint on the Supreme Court. Quoting the Washington Constitution, he frequently stressed that the role of government is to “protect and maintain individual rights.” He was a passionate advocate for the rights of individuals: the right to maintain oversight of government agencies, the freedom of expression, the freedom of religion, the right to enjoy private property, the freedom to bear arms, and the rights of the accused. He is perhaps best known for his colorful and frequent dissents. In 2009 he wrote more than twice as many dissenting opinions as any other justice. He is again the leading dissenter in 2010.

Of course, replacing a Sanders dissent with another vote wouldn’t necessarily change the outcome in any case. Perhaps the best way to measure the impact of his absence is to review recent 5-4 decisions where Sanders was in the majority.

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Statement from Justice Sanders

The following message was sent yesterday from Justice Richard Sanders' campaign.

End of the trail

It looks like we're coming to the end of the campaign trail. After the latest numbers were released yesterday, I am now behind by about 4,500 votes out of nearly two millions votes cast, 49.9% to 50.1%. The campaign experts say that we are unlikely to make up that difference as the counties finish their tally over the next few days.

I want to particularly thank the many volunteers and more than a thousand donors who helped my campaign, not to mention the 930,000 voters who made good choices.

Charlie Wiggins and I had dozens of debates and on those occasions he showed the same intelligence and professionalism that I had seen before when he argued before the Court. I am sure he will be a good Justice, but of course he does not share my perspective on many issues. I have offered him my congratulations and promised him my 100% support for his new position.

I know that my supporters want someone on the Court who protects individual liberty, whether it's the right to privacy or the right to own and use property, or our dozens of other rights guaranteed in the Constitution. These are the things which make us free. They are essential to all of us -- defendant and judge -- liberal and conservative.

It has been a great honor to serve the people of Washington on their Supreme Court. I intend to stay involved, to participate in public life and to speak out on the issues that confront our justice system. I guess there’s some truth in the saying, “old lawyers never die, they just lose their appeal.”

God bless you all.

Charlie Wiggins takes the lead

For the first time since election day, Charlie Wiggins has taken a lead over Richard Sanders in votes counted. The latest vote update this evening (with a large number of ballots from King County, which heavily favors Wiggins) gives Wiggins a 3,491 vote lead.

The Secretary of State's Election Division estimates just over 186,000 votes to be counted.

Sanders-Wiggins race tightens up

The vote counts continue to trickle in, and the race between Justice Richard Sanders and challenger Charlie Wiggins is much, much tighter. Check out the Secretary of State's website for a county by county breakout.

For some excellent analysis of the vote data, check out Just the Numbers, a blog written by Jamie Corning, a second-year law student at Seattle University.

Sanders - Wiggins race still very close

As of 11:57 Tuesday evening, Justice Richard Sanders held a lead over challenger Charlie Wiggins - 51.27% to 48.73%, which is just under a 30,000 vote lead. Several counties will continue posting new vote totals today and tomorrow, so this race deserves a close eye. 

Seattle Times switches endorsement from Sanders to Wiggins

Leading up to the August primary election, the Seattle Times editorial board endorsed Justice Richard Sanders’ re-election to the state Supreme Court, over his challenger Charlie Wiggins.

In its endorsement, the Times said: “Justice Richard Sanders should be re-elected to the Washington Supreme Court. The court's most fundamental job is to push back against the other two branches of government — the executive and the legislative — when they step on the rights of the people. No member of the court does that more consistently, and with greater gusto, than Sanders.”

But in the wake of controversial comments Justice Sanders made about racial disparities in the criminal justice system, the Times has taken a self-admitted “unusual step” of withdrawing its endorsement of Sanders. “The Seattle Times now supports lawyer Charlie Wiggins, who was a close call in our primary endorsement. We said then that Wiggins was fully qualified to serve on the bench and be a strong voice pushing back against government.”

Charlie Wiggins' Court of Appeals opinions

As readers know, Charlie Wiggins is running against Justice Richard Sanders for Position 6 on the Supreme Court. Wiggins briefly served as a judge on the Court of Appeals. In that capacity he authored 17 majority opinions. Below is a summary of each of his opinions.

Twelve of Judge Wiggins’ opinions were appealed to the Washington Supreme Court. The Supreme Court denied review in six appeals, which in effect affirms the Court of Appeals ruling. Meanwhile, six of Wiggins’ opinions were accepted for review by the Supreme Court. Of those six, four opinions were overturned.

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Debate between Sanders and Wiggins for Supreme Court Position No. 6

The Federalist Society has posted the video from a debate it recently hosted between Justice Richard Sanders and challenger Charlie Wiggins. 

Election results coming in...

Two races decided, one to go. As of 10:19 p.m.:

Chief Justice Barbara Madsen (unopposed) and Justice Jim Johnson (running against Stan Rumbaugh) have won their races and will advance to the general election without an opponent.

Meanwhile, Justice Richard Sanders and Charlie Wiggins are both under the 50 percent vote threshold required to advance unopposed, with Sanders enjoying an 8-point lead. Judge Bryan Chushcoff trails with only 12 percent of the vote.

Justice Richard Sanders - Postion 6

Richard Sanders earned a BA from the University of Washington and a JD from the University of Washington School of Law. He then entered private practice and continued to practice for 26 years, until he was elected to the Supreme Court in 1995. In addition to serving on the Supreme Court, Sanders teaches appellate advocacy at the University of Washington School of Law.

Rating

Notable Endorsements

Individuals

  • Justice Tom Chambers
  • Former Justice Phil Talmdage
  • Attorney General Rob McKenna
  • Congressman Ron Paul

Newspapers

Organizations

  • Association of Washington Business
  • Washington State Farm Bureau
  • Building Industry Association of Washington
  • Gun Owners Action League
  • Washington State Republican Party
  • Washington State Libertarian Party

Websites

 

Charlie Wiggins - Position 6

Charlie Wiggins earned a BA from Princeton University, an MBA from the University of Hawaii, and his JD from Duke Law School. After becoming a lawyer, he went into private practice. During his 33 years of practice, Wiggins has served as a Court of Appeals judge and as a pro tem judge in King and Jefferson counties. He is also past chair of the WSBA Disciplinary Board and Court Rules Committee, and past president of Washington Chapter of American Judicature Society.

Click here a summary of the majority opinions written by Wiggins when he served on the Court of Appeals. 

Ratings

Notable Endorsements

Individuals

  • Skagit County Commissioner Ted Anderson (Ret.)
  • State Representative Sherry Appleton
  • Kitsap County Commissioner Josh Brown
  • State Representative Maralyn Chase
  • State Representative Frank Chopp
  • 24th Legislative District Representative Lynn Kessler

Newspapers

Organizations

  • Washington Conservation Voters
  • Planned Parenthood Votes! Washington
  • NARAL
  • Washington Council of Police & Sheriffs
  • AFT Washington
  • Washington State Labor Council
  • Equal Rights Washington
  • Washington State Democrats

Website

 

Judge Bryan Chushcoff - Position 6

Pierce County Superior Court Judge Bryan Chushcoff earned a BA in business administration from the University of Washington, followed by a JD from the University of Puget Sound School of Law. He entered private practice in 1977 and continued to practice until 1996, when he was elected to the Pierce County Superior Court. He was elected Presiding Judge of that court in 2009.

Ratings

Notable Endorsements

Newspapers

Websites

 

Stan Rumbaugh - Position 1

Stan Rumbaugh earned a BA from Wittenberg University in Ohio and his JD from the University of Puget Sound Law School. He has been in private practice since 1979. During that time he has served as a board member of Planned Parenthood Washington and the World Affairs Council, and he is currently on the board of trustees for Bates Technical College and on the board of commissioners for the Tacoma Housing Authority.

Ratings

  • King County Bar Association: Well Qualified
  • Municipal League of King County: Very Good
  • Washington Association of Prosecuting Attorneys: Qualified

Notable Endorsements

Individuals

  • Former Justice Faith Ireland
  • Washington State Senate Majority Whip - 6th District - Chris Marr
  • Former Court of Appeals Judge Art Wang
  • Mayor of Tacoma - Marilyn Strickland

Organizations

  • Planned Parenthood Votes! Washington
  • Washington State Democrats
  • Equal Rights Washington
  • The League of Education Voters
  • Washington Education Association
  • NARAL Pro-Choice Washington
  • Washington Conservation Voters

Website

Justice Jim Johnson - Position 1

Justice Jim Johnson earned a BA in economics from Harvard University and a JD from the University of Washington. After school he spent 2 years in the U.S. Army, and then became an Assistant Attorney General for Washington. During twenty years at the Attorney General’s office he headed the Fish and Wildlife Division, the Special Litigation Division, and served as Counsel for the Environment. In 1993 Johnson entered private practice, and continued to practice until he was elected to the Supreme Court in 2004.

Ratings

Notable Endorsements

Individuals

  • Justice Tom Chambers
  • Justice Charles Johnson
  • Justice Susan Owens
  • Justice Debra Stephens
  • Former Chief Justice Gerry Alexander
  • Attorney General Rob McKenna

Newspapers

Organizations

  • Washington Association of Police and Sheriffs
  • Association of Washington Business
  • Building Industry Association of Washington
  • Washington State Farm Bureau
  • Washington State Republican Party
  • Mainstream Republicans of Washington

Websites

Editorial endorsement roundup

Newspaper endorsements are coming in fast now.

In the last week, Justice Jim Johnson has been endorsed for re-election by the Seattle Times, the Olympian, the Tri-City Herald, and the Yakima Herald.

Justice Richard Sanders has been endorsed by the Spokesman-Review.

Sanders’ opponent Charlie Wiggins has been endorsed by the Tri-City Herald and the Yakima Herald.

Editorial endorsement roundup

More newspaper endorsements were released this morning. The Columbian endorses both Supreme Court incumbents Justice Jim Johnson and Justice Richard Sanders over their opponents.

Johnson has been a consistent protector of open government in his six years on the court and has earned the people’s confidence by defending our state’s superb primary system. He has a big advantage in experience; Rumbaugh has never served as a judge and is too closely tied to labor unions.

Sanders is another incumbent who has earned re-election, despite his maverick tendencies. He has both angered and drawn endorsements from Republicans and Democrats, proving his independence. He has served on the court since 1995. Controversial but brilliant and articulate, Sanders’ disregard for partisan influences, and his fierce defense of individual rights makes him a good fit for the court.

The Spokesman-Review also endorses Sanders. "We don’t always agree with him, but we know he is taking a principled stand."

Meanwhile, the Herald endorsed Johnson, but wants to see Sanders and challenger Charlie Wiggins advance to the general election for a more detailed debate.

We'd like to see the libertarian Sanders, a controversial but valuable member of the court, engage in a spirited contest with his strongest challenger, who we believe to be Bainbridge Island attorney Charlie Wiggins. An enlightening debate could ensue, spotlighting issues such as the rights of crime victims vs. the rights of the accused.

Johnson earns another editorial endorsement

Justice Jim Johnson earned another newspaper editorial over his opponent Stan Rumbaugh - the Spokesman-Review says he deserves another six years on the Supreme Court.

Before he was on the court, Johnson was a skilled lawyer, highly visible, helping to write initiatives and battling for them in court. He was an ally of anti-tax crusader Tim Eyman and the Washington State Grange. Now as then, his reading of the constitutions reveals strong recognition of private property rights, open government and the First Amendment.

We never expect to agree with every opinion handed down by any Supreme Court justice, but we appreciate the guidance such decisions provide for elected legislators whose proper job it is to enact laws that can survive judicial inspection.

In his six years on the job, Johnson has won the trust of fellow justices Tom Chambers, Susan Owens, Charles Johnson and Gerry Alexander – all now endorsing him from their positions to his political left. Republican Attorney General Rob McKenna and Democratic state Auditor Brian Sontag, both strong defenders of the state’s open public records law, have endorsed him, too.

Johnson has also been endorsed by The News Tribune.

Sanders and Wiggins square off

The Washington State Association for Justice recorded a debate between Washington State Supreme Court Justice Sanders and attorney Charlie Wiggins. The debate is in five parts so click "continue reading" to see the remaining videos. 

 

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Supreme Court races set

With candidate filing week over, we now have a complete picture of this year’s races for seats on the Supreme Court of Washington.

Running for Position 1 are Justice Jim Johnson and challenger Stan Rumbaugh. Chief Justice Barbara Madsen is running unchallenged for Position 5. We previously reported that Justice Richard Sanders and Charlie Wiggins are running for Position 6, and another candidate has jumped into this race: Pierce County Superior Court Judge Bryan Chushcoff.

Because judicial offices are nonpartisan, the August 19 primary is a key date for judicial elections. If any candidate receives 50 percent of the primary vote, that candidate advances unchallenged to the general election.

Here at the Supreme Court of Washington Blog we will be reporting on each of these contested judicial races. Voting for judges is often difficult as candidates refrain from taking positions on specific public policy issues. The Supreme Court of Washington Blog will not endorse any candidate; our goal is to provide information about each candidate’s background, qualifications, and previous rulings (if available).

Just click on the “Judicial Elections” category to the left to read each article we’ve written about the various judicial races. You can also sort articles by individual candidate using the tags below.

Justice Jim Johnson draws a challenger

Pierce County trial attorney Stan Rumbaugh has announced he will challenge Justice Jim Johnson, who is running for reelection. The Bellingham Herald has the story here.  State Representative Brendan Williams was also reported to be interested in the position but has yet to file candidate papers.

Rep. Brendan Williams considering Supreme Court bid

Brad Shannon at the Olympian has this story about Rep. Brendan Williams considering a run against Justice Jim Johnson, who is up for re-election. Williams is leaving the state legislature this year after three terms. Here is what he had to say about a Supreme Court bid: 

Here are Williams' comments:

There has been a draft effort that some of my colleagues put together. Candidly, it's not something I had thought of prior to their efforts. However, having clerked at the Supreme Court for 2 1/2 years and being very familiar with the work of justice, it's something I'll look into.

I think I'm going to consult with some folks who are interesting in reforming the court and who are frustrated with the fact that there is at least one member of the court who is beholden to special interests and see what their thoughts are about my getting into a race.

I think there are a lot of people who observe the court's work and are frustrated with the rulings by some members regarding consumer protection and looking out for people's interests instead of special interests that fund people’s campaigns.

The role of social media in judicial elections

One of the unique features of Washington's 2010 judicial elections will be the role of social media in helping candidates get out their message. Three state Supreme Court justices are up for reelection – Madsen, Sanders, and Jim Johnson – and already candidates are employing social media in ways never before used in Washington Supreme Court elections. Justice Jim Johnson announced his reelection bid on his Facebook page and attracted dozens of fans within a few hours. Justice Sanders also has a Facebook page which announces campaign events. Attorney Charlie Wiggins, who is challenging Sanders, is on both Facebook and Twitter.

Last November the Washington Ethics Advisory Committee issued an opinion that stated judicial blogging is permitted under the Code of Judicial Conduct, provided the judge can do so in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Presumably the same guidance would apply to newer forms of social marketing as well.

This trend is not unique to Washington. Attorney and blogger Don Cruse (@doncruse) covers the state Supreme Court in Texas, where voters just completed a primary for open Supreme Court seats. Don created a feed of the Twitter accounts of each candidate -- a fascinating stream-of-consciousness resource for voters. 

LexBlog CEO Kevin O’Keefe is the Aristotle of legal bloggers – he spends his time wandering around the country training lawyers how to blog. (Read, for example, his blog post “Focus on the possibilities of blogging and social media, not the challenges.”) The legal profession is embracing the potential of social media, so it's logical that the judiciary would eventually follow.

Judicial candidates are no longer speaking through intermediaries like campaign literature or editorial boards. They’re appealing directly to the members of the public who will vote for them. What impact will social media have in these races? Is this a good development? 

What do you think?

Chief Justice Barbara Madsen also running for reelection

Chief Justice Barbara Madsen filed her candidate registration form yesterday, formalizing her plans to run for reelection. She has yet to draw any opponents.

Justice Jim Johnson announces reelection bid

Justice Jim Johnson announced his plan to seek a second term on the Supreme Court. Check out his campaign Facebook page here. The page describes Justice Johnson as "the state Supreme Court’s most ardent supporter of liberty and judicial restraint." At this time there are no challengers for his position.

Seattle Times covers upcoming judicial election

Steve Miletich of the Seattle Times has an article about the campaign between Justice Richard Sanders and attorney Charlie Wiggins.

Justice Chambers weighs in on judicial elections

Justice Tom Chambers – the only Washington justice with a blog – has offered his opinion on the debate over how we select judges.

He discusses the issue in a very thoughtful post that acknowledges the flaws in each system. Elections, appointments, selection committees ... they all have their shortcomings.

He discounts the concern that judges up for re-election would pander to popular opinion. “[I]n my 40 years in the law, the judges of Washington State have consistently done the courageous thing and are not swayed by fear of being unelected.” But Chambers cites problems in other states and says the election process can potentially threaten judicial independence.

Lifetime appointments, he says, are also problematic. “Some judges appointed for life have become tyrants and do not treat lawyers, parties, or jurors with respect. On the other hand, it was my experience that state court judges faced with periodic elections see every lawyer, party, and witness as a future potential vote and almost always treated all with respect.”

Appointment committees that screen potential judges? “In the past, such blue ribbon panels have been perceived as a good old boy network; clubbish and difficult for women and minorities to break into.”

Justice Chambers offers an interesting Solomon compromise: elect trial judges, who are closer to their communities, and appoint appellate judges, who are ultimately responsible for interpreting the law. He recommends using a diverse appointment committee and requiring appellate judges to stand for retention elections.

Chambers concludes by showing he is a pragmatist. “Although interesting, this discussion is likely academic as I think it highly unlikely that the people of Washington State are ever going to relinquish their constitutional right to elect judges.”

Justice Sanders formally declares re-election bid

As we reported last week, attorney Charlie Wiggins announced his candidacy for Position 6 of the Washington Supreme Court, currently held by Justice Richard Sanders.

Justice Sanders was expected to run for another term on the court, and he recently filed the necessary candidate registration form with the Public Disclosure Commission. Justice Sanders won a special election in 1995 and was re-elected for two six-year terms in 1998 and 2004. He describes his understanding of the job on his campaign website

These have been good years on the court. It is a great privilege and joy to attempt to protect and maintain the individual legal rights of every single individual who comes to court. That, in my opinion, is the job description of a judge, and, as it says in Article 1, Section 1 of our state constitution, the purpose of state government as well.

Stay tuned. We'll continue to bring news and information about the various candidates for the Supreme Court.

Charlie Wiggins declares candidacy for Supreme Court

We have our first challenger in a state Supreme Court race.

Bainbridge Island attorney Charlie Wiggins has officially thrown his hat into the ring, filing a candidate registration form with the Public Disclosure Commission. He is running against Justice Richard Sanders.

Wiggins’ campaign website can be found here, where Wiggins states he is running against Sanders because of violations of the Code of Judicial Conduct  and because "his decisions are not fair and impartial, and he opposes positive reforms to improve the process of electing judges." Should be a colorful campaign.

Chief Justice Barbara Madsen and Justice James Johnson are also up for re-election this year.

As election season approaches, this blog will provide information about candidates for the Supreme Court, including links to the evaluations and endorsements of other organizations.

UPDATE: The race is covered by the Olympian, Seattlepi.com, and the Kitsap Sun.

 

Note: The Supreme Court of Washington Blog neither endorses nor supports any candidate for judicial office.

The debate over judicial elections

Retired Supreme Court Justice Sandra Day O'Connor recently criticized Washington’s process of electing judges. The speech set off a rash of editorials and opinion pieces. Here are several:

UPDATE: WSBA Bar News Editor Michael Heatherly reminded me that Bar News covered the topic of judicial elections last year in a series of articles.