The Spokane Record

Former Supreme Court Justice Sandra Day O’Connor has long held that judges should be appointed not elected.  She was in Seattle the other day to pursue her goals in that regard.  Seattle Times.

In Washington we have the notion that we elect judges. We do, and yet we do not. Most judicial positions are filled by gubernatorial appointment to vacate judicial positions. Rarely does a judge at any level serve out his or her full term. Usually, a retiring judge retires before his or her term is up and the governor appoints someone to fill the position. The judge then runs for election as an incumbent.

Also, we think we elect the judges who act as judges of the three judge panels by which the Court of Appeals does its work. We do not. We elect judges to the divisions of the Court[s] but the judges who decide the cases are not elected, they are appointed. And, the panels are not apportioned as to the judges appointed and the electorate of the Division. See my article and attachments and my other efforts with regard to the Washington Court of Appeals. 

So much for the election of judges to the “real supreme court of the State of Washington” for most cases — the Washington Court[s] of Appeal. For the most part the only cases which get to the Supreme Court are those which the Supreme Court has decided to review - about 1 out of 10 cases.

Over the years one practicing before the Washington Court of Appeals learns that the people of Spokane County do not generally elect the judges who hear cases appealed from the Spokane County Superior Court.  They are elected by people in the Tri-Cities, Yakima, Ellensburg, but not Spokane. 

In the case I filed as a plaintiff on Monday, June 1, 2009 in United States District Court I assert that the election of judges to the Washington Court of Appeals has to be fairly apportioned and that the judges who decide the cases must be elected and if they serve on panels, the panels have to be fairly apportioned.  See the Complaint.