Mary Fairhurst
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Mary E. Fairhurst, a member of the Washington Supreme Court, is currently up for re-election. She was first elected to the state's highest court in 2002, and began serving in 2003. She defeated her challenger, Michael Bond in the state's August 19th primary, and will presumably serve another six years. Although the state's judicial elections are non-partisan, Fairhurst is politically allied with the Democratic Party.[1]
Legal Education and Experience
Justice Fairhurst earned her undergraduate degree in political science (graduating cum laude) from Gonzaga University in 1979, and five years later received her law degree (magnum cum laude) from the same institution. She currently serves on the Gonzaga Law School Board of Advisers.
Fairhurst began her legal career in the Supreme Court as a judicial clerk, working for Chief Justice William H. Williams in 1984 and later Justice William C. Goodloe until 1986. Justice Fairhurst served in the Washington Attorney General's office. She worked with Attorneys General Christine Gregoire and Ken Eikenberry. Her specialties in the areas of criminal justice, transportation, revenue and labor.
Justice Fairhurst worked on the constitutional amendment to increase the rights of crime victims while still honoring the constitutional rights of the accused, and has organized the statewide conferences on domestic violence.
Associations and Awards
Justice Fairhurst served as the president of the Washington State Bar Association. She was the second woman and youngest attorney to hold this position. She also served on the Bar Board of Governors representing the Washington's 3rd congressional district as President of the Washington Women Lawyers. She has worked hard to enhance the opportunities for women and minorities in the profession and to ensure justice for low-income individuals and families. In 1998, Attorney General Gregoire gave her Steward of Justice award to Justice Fairhurst.
2008 Campaign
August 19, 2008 Primary results
For Position 3, Mary Fairhurst defeated Michael Bond (409,033 to 258,358, or 61.29% to 38.71%).[2]
Candidate statement for 2008 election
"Since you elected me to our Supreme Court six years ago, I have worked to improve our justice system, to make our courts efficient and responsive, to ensure access to justice for all, and to protect the rights of every person in Washington State. I was raised in a loving family which placed great value on fairness, service and the dignity of every man, woman and child. Every day I go to work aware that my decisions affect thousands of lives. Since joining the court I have decided over 600 cases. To every case I have brought an open mind, fairness, common sense and a commitment to uphold our Constitution. We are a diverse people united by a common law and Constitution. As a Justice, I am obligated not to any group, but to respect the rule of law and uphold our Constitution. I am dedicated to ensuring that we have a legal system that treats people fairly, equally and protects the rights of everyone."[3]
Newspaper endorsements
The Seattle Times has editorially endorsed challenger Michael Bond over Fairhurst. According to their editorial board, "Bond has a sharp mind, he knows the law and he presents a compelling case to replace the one-term Mary Fairhurst. In a sentence, the case is this: Fairhurst, who used to have a job defending the government, accepts the government's arguments — and excuses — far too much now that she is on the court".[4]
The Times also compiled a list of 17 decisions involving government agencies and found that Fairhurst sided with government 15 times -- or 88 percent of the time.[5]
2002 Campaign
Campaign Contributions
In the 2002 election, Mary Fairhurst raised a total of $139,736. Retirees and Civil Servants made up the largest group to give to the campaign with $34,295, or 24.54%. Second, Lawyers and Lobbyists gave $32,020, or 22.91%, and third, Labor groups, with $20,030, or 14.33%. For a complete summary of all contributions, visit Follow the Money: Mary Fairhurst.
Notable rulings
Same-sex marriage ban
In a 5-4 decision in 2006 the court overruled two lower courts that had found the state's 1998 Defense of Marriage Act, which limits marriage to opposite-sex couples, violated the state constitution and its Equal Rights Amendment.
The four justices in the minority, including Fairhurst, objected strenuously to the majority's opinion. Fairhurst said those in the majority had bowed to public opinion by upholding the law.[6]
Access to public documents
In a controversial 5-4 opinion in 2004, Fairhurst joined with the majority in ruling that communications between government agencies and their lawyers are exempt from the state's public-disclosure law. The majority, included Fairhurst, believe that attorney-client privilege supersedes the requirements of the landmark state Public Disclosure Act, approved by voters as an initiative in 1972.
In a strongly worded dissent, Justice Charles Johnson labeled that conclusion "absurd," arguing it "renders ineffectual the (law's) strong mandate to agencies that they must disclose public information." Johnson's dissent was signed by Justices Barbara Madsen, Richard Sanders and Tom Chambers.[7]
External Links
- Justice Fairhurst's Election Website
- Follow the Money: Mary Fairhurst
- Wikipedia: Mary Fairhurst
- NNBD
- Voting for Judges
- Fairhurst announces Re-election bid
- Interview with Seattle Times
- Cases authored by Fairhurst.
