So many Supreme Court candidates—What is a voter to do?

Published 2:00 pm Monday, September 6, 2004

Who are all these candidates for the State Supreme Court? In this primary, fourteen people vie for the opportunity to sit on one of the three Supreme Court positions up for election this year.

It’s not unusual that six seek election to position 1; open seats usually draw many candidates.

The races for positions 5 and 6 are unusual in that hopefuls in those races challenge veteran incumbents. Incumbent Justice Barbara Madsen is challenged by King County Judge Terry Lukens, a contest that will be decided in the primary. Five hopefuls challenge incumbent Justice Richard Sanders for position 6.

Some Important Resources

How is a voter to choose the best judicial candidate from such a crowded field? The starting point is the Voters’ Guide (if you’ve misplaced yours, look for it online at http://www.secstate.wa.gov) www.secstate.wa.gov). Consider the endorsements of the candidates by newspapers, organizations, and individuals. The video voters’ guide at http://www.tvw.org www.tvw.org is also helpful. One of the most comprehensive and rigorous evaluations of judicial candidates is found at http://www.kcba.org www.kcba.org, the King County Bar Association (KCBA) site. The financial support given to a candidate can be found at http://www.pdc.wa.gov www.pdc.wa.gov. My own article on this subject can be found at http://www.appeal-law.com/articles/elect.html http://www.appeal-law.com/articles/elect.html. Some of the candidates have their own web sites.

Qualities to look for in judicial candidates

But what should you look for in a judicial candidate? Here are the most important qualities of judges, and some ways to identify them.

• Independence and impartiality: A judge must be free of outside influences and must approach each case with an open mind. If the candidate is a lawyer, look at his or her client base—has the candidate represented a broad variety of clients? If a judge, has the candidate earned the respect of the bar and public for impartial decisions? Consider the candidate’s financial support; is the candidate supported by a broad spectrum, or by a narrow range of special interest groups?

• Competence: The law is a technical field and judging is a complex task. A judge needs a good solid background of working with the law and the rules of procedure and evidence that govern lawsuits. The bench is not a good place for on the job training.

• Ability to work hard: Our courts are busy and judges must work hard. Moreover, a judge is not really subject to supervision by anyone else, so he or she must be highly motivated and a self-starter.

• Management skills: Judges must deal with ever increasing caseloads and must orchestrate the efforts of many different people to move cases efficiently and fairly.

• Ideological viewpoint: All judicial candidates have personal opinions and beliefs. But judges must take an oath to “support the Constitution of the United States and the Constitution of the State of Washington” and to “faithfully and impartially discharge the duties of the office of judge.”

• A heart for justice: The quality I consider the most important is also the hardest to measure and evaluate: a burning desire in the judge’s heart to do what is fair between the parties within the limits of the law, a striving to decide every case in a way that is not only right under the law but just under the circumstances.

A summary of the candidates

Position 1

•Judge Robert Alsdorf: King County Superior Court judge for 14 years; KCBA rated “exceptionally well qualified”; highest ratings in bar polls of all King County judges; endorsed by Seattle PI and Tacoma News Tribune (jointly with Becker) and by the King County Journal. Campaign funds raised: $166,410, 47% from over 400 lawyers. (This article lists the largest category of donors to each campaign. See http://www.pdc.wa.gov www.pdc.wa.gov for complete information.) In 2000, Judge Alsdorf struck down I-695, the Eymann $30 car tab initiative; the Supreme Court affirmed Alsdorf’s decision. www.electalsdorf.org.

• Judge Mary Kay Becker: Court of Appeals judge for 10 years; KCBA rated “exceptionally well qualified”; endorsed by Seattle PI and Tacoma News Tribune (jointly with Alsdorf). Campaign funds raised: $58,500, 28 percent from approximately 50 lawyers. mailto:marykay@beckerforjustice.com marykay@beckerforjustice.com.

• Gary Carpenter: private practice in Clarkston for 33 years; KCBA rating scheduled for Sept. 9. Campaign funds: $0.

• Maureen Hart: Assistant Attorney General for 26 years, considerable experience in state and U.S. Supreme Courts; KCBA rated “well qualified”. Campaign funds raised: $32,370, 54 percent candidate contribution. http://www.peopleformaureenhart.org www.peopleformaureenhart.org.

• Jim Johnson: private practice in Olympia for past 10 years, Assistant Attorney General for prior 20 years, argued appeals in both state and U.S. Supreme Courts; KCBA rating “adequate”. Campaign funds raised, $169,000, 56 percent from the Building Industry Association. These substantial contributions from the building industry are unusual, if not unique, and call into question how Johnson can be considered impartial. Johnson defended I-695, which was struck down by candidate Judge Alsdorf. www.jimjohnsonforjustice.org.

• William (“Bill”) Murphy: Bainbridge Island attorney with 15 years experience in private practice, as well as high tech company development, former Boeing engineer; KCBA rating scheduled for 9/9. Campaign funds raised, $44,537, 59% in a loan and 39% candidate contribution. http://www.murphyforjustice.com www.murphyforjustice.com.

Position 5

• Justice Barbara Madsen (incumbent): Supreme Court justice for 12 years, previously Seattle Municipal Court judge; KCBA rating “well qualified”; endorsed by Seattle PI, the Tacoma News-Tribune, the Yakima Herald, and the Tri-City Herald. Campaign funds raised, $18,585, 27 percent from the Building Industry Association of Wash.

• Judge Terry Lukens: King County Superior Court judge for 5 years, previously in private practice in Seattle firm, former Mayor of Bellevue; KCBA rated “exceptionally well qualified.” Endorsed by King County Journal. Campaign funds raised, $42,695, 43 percent from over 50 attorneys. http://www.peopleforjudgelukens.org www.peopleforjudgelukens.org.

Position 6

• Justice Richard Sanders (incumbent): Supreme Court justice for 9 years, previously in private practice; KCBA rating “adequate.” Endorsed by the Seattle P-I and the Tacoma News Tribune. Campaign funds raised, $65,000, 40 percent from over 70 lawyers.

• Steve Merrival: Pierce County Deputy Prosecuting Attorney for 23 years, Assistant U.S. Attorney for 5 years; KCBA rating “adequate.” Campaign funds raised, $4225. http://www.merrivalforjustice.com www.merrivalforjustice.com.

• Doug Schafer: Pierce County private practice for 26 years; KCBA rating scheduled for Sept. 9. Campaign funds raised, $1500. http://www.doug4justice.com www.doug4justice.com. Schafer’s record includes exposing corruption by Pierce County Judge Grant Anderson, who was removed from office. But Schafer disclosed client confidences to do so, and was himself suspended from practicing law for this violation.

• Terry Sebring: Pierce County lawyer Sebring has been an Assistant Attorney General for the past year, was legal counsel to Gov. Booth Gardner for 5 years and served 12 years as a Pierce County Superior Court judge. KCBA rating scheduled for 9/9. .” Campaign funds raised, $2075.

• Fred Stewart: practiced law in Yakima and Colville from 1961 to 1985, both in private practice and as deputy prosecuting attorney; most recently employed as a Superior Court Judge for Stevens, Pend Oreille, and Ferry Counties from 1985 to 1996; KCBA rating “not qualified.” Campaign funds: $0

• James White: private practice in Seattle, Edmonds and Snohomish County for over 20 years, Municipal Judge for City of Edmonds since 2000; KCBA rating “adequate.” Campaign funds raised, $66. http://www.electjudgewhite.org www.electjudgewhite.org.

If you’re still confused after doing all this research, don’t give up—selecting good judges is incredibly difficult. (It’s an open question whether popular election is the best way to choose judges.) Discuss the choices with others and ask a lawyer’s opinion. (You probably know at least one lawyer; Bainbridge Island has one of the highest concentrations of lawyers in the state.) You can probably narrow the choice down to two good candidates; make your best selection between them and you’ll probably be making the best choice.

Charlie Wiggins is a Bainbridge Island lawyer and former Court of Appeals judge. He provided this analysis and commentary at the request of the Review.