Washington Supreme Court
From Judgepedia
Under the Washington State Constitution, the Washington Supreme Court has the power of judicial review to determine whether actions by the executive and legislative branches are in accord with the United States and Washington State constitutions. Article I, Section 10 of the state constitution on administration of justice says, “Justice in all cases shall be administered openly, and without unnecessary delay.”
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Overview
There are four levels of courts in Washington: (1) the Supreme Court; (2) the Court of Appeals; (3) the superior courts, and (4) the courts of limited jurisdiction (district and municipal courts).
The Supreme Court is located in Olympia in the Temple of Justice on the state capitol grounds. The three divisions of the Court of Appeals are located in Seattle (Division One), Tacoma (Division Two), and Spokane (Division Three). Each of the state’s 39 counties has a superior court (though in some cases, multiple small counties comprise one superior court district, such as the Benton-Franklin County Superior Court). Each county has a district court with at least one district court facility (larger counties may have multiple district court locations) and many of the state’s cities and towns have municipal courts.[1]
Some 8,500 cases are tried each year before the 143 judges of the Superior Courts of Washington State, the trial court of general jurisdiction. About 3,500 appeals are filed by losing parties claiming that the outcome was the result of error, either of fact or law, sometimes both.
Open Records Controversy
The Supreme Court issued a controversial ruling July 2008 saying that while prisoners may make open records requests, and that the state must fulfill them, the correctional facility is under no obligation to actually deliver the document to the felon. This ruling was a 5-4 decision.
"The Public Records Act does not limit the department's discretion in prohibiting entry of public records that it reasonably deems inappropriate in a prison setting," Justice Barbara Madsen wrote for the majority. Joining her were Chief Justice Gerry Alexander and Justices Bobbe Bridge, Mary Fairhurst and Charles Johnson.[2]
Dissenters were led by James Johnson.
History
Washington has had three distinct Supreme Courts throughout its relatively short history. While part of the Oregon Territory (1848-1853) three justices, appointed by the President of the United States, served on the territorial Supreme Court. When not hearing appeals the three jurists rode circuit, presiding over important trials in three separate and widespread judicial districts which encompassed much of the present-day Oregon, Washington and Idaho. In 1853 the area north of the Columbia River and east to the Continental Divide was separated from Oregon and became the Washington Territory with its own Supreme Court composed of three (and later four) justices.[3]
Constitution of 1889
On October 1, 1889, the people of the Washington "Territory" west of the present Idaho line approved a state constitution, elected public officials and by means of an Act of Congress became a full-fledged member of the Union. The Supreme Court was composed of five justices elected by the voters of the state. John P. Hoyt, Thomas J. Anders, T. L. Stiles, Ralph 0. Dunbar and Elmon Scott were the original members of the court. Hoyt had served on the territorial Supreme Court and was presiding officer at the convention that wrote the new state constitution. Stiles and Dunbar also were delegates to that convention.
The number of justices serving on the Supreme Court has varied from the original five to the present nine. Although the justices were no longer responsible for riding the trial court circuit as in territorial days, they continued to experience crowded dockets, necessitating an increase in membership. In 1905 the court was permanently expanded to seven justices and in 1909 the number was increased to the present nine. Between 1889 and 1909 all cases were heard en banc, with all justices participating. Between 1909 and 1969 most cases were heard by a department of the court, each composed of the Chief Justice and four associate Justices. Since establishment of the Court of Appeals in 1969 all cases are heard en banc.
Each justice serves a six-year term, with three submitting themselves to the electorate every two years. Vacancies that occur through resignation or death are filled by the Governor, but these appointees must gain approval of the voters at the next general election. Nearly two-thirds of all justices of the Supreme Court have been initially appointed to fill a vacancy, but with rare exception all appointees have been confirmed by the voters.
Reforms of the early 20th Century
In 1907 the legislature established a direct nonpartisan election system for nominating judges, replacing political party conventions. Separate nonpartisan ballots were also authorized for the November general elections, removing judges from the political party lists. Except for a brief return to partisanship in 1912, the names of candidates for the Supreme Court have subsequently appeared on nonpartisan ballots.
Chosen by the other justices of the court for a two-year term the Chief Justice must be one of those next up for election, and usually is the senior of the three. The Chief Justice presides at all court sessions, handles administrative responsibilities, chairs the state judicial conference and represents the court and judicial system in many public appearances.
Jurisdiction
Most appeals from superior court are decided after review by the Court of Appeals. This intermediate court has 16 judges serving in three geographical divisions who sit in panels of three to decide cases brought before them. The Supreme Court has almost total discretion in determining which cases it will hear and decide, except that death penalty cases are automatically reviewed. A few cases involving new or important questions of law are accepted by the Supreme Court directly from superior court. Others are received on Petition for Review after having been decided by the Court of Appeals.
The Supreme Court each year publishes nearly 150 final opinions, each decision representing lengthy and thorough research and consideration by all nine members of the court, working both together and individually.
The Supreme Court also is responsible for administering the judicial system of the state. In that capacity it promulgates the rules for courts of limited jurisdiction (District and Justice Courts and Municipal Courts), for the superior courts and the appellate courts. Judicial rules also govern admission to practice, conduct and discipline for attorneys and judges.
See Also
External Links
- Washington Appellate and Trial Courts Official Site
- State of Washington Constitution
- Report of the Courts of Washington
References
- ↑ Media Guide to Washington Courts
- ↑ WA court: public records can be kept from inmates Seattle PI, July 3, 2008
- ↑ Washington SC history
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