Washington Courts

Watching the Spokane City Council at work  tonight I observed this:  The issue was whether certain tax revenues could be used for a certain purpose.  The Council was not concerned about the legality of the use of the funds.  It wanted to use the funds and that was that.  Litigation concerning whether the funds could be used did not concern the council.

So often we see an institution seeking to pursue a course.  It is a course the people in control of the institution want to pursue.  That there may legal issues c0ncerning the course the institution seeks to take does not bother the people in charge of the institution.     They are content that they have the power to pursue the course and that there may be an obstacle — well, that is something the lawyers will have to work out.  I suspect the people in charge have an expectation that the lawyers and the courts will find a way to allow them to do what they want to do.  That they will bend the law instead of abide by it.  Perhaps it has always been this way, even in America.

One looks for understanding of a court, let us say, the Washington Supreme Court or the divisions (really separate courts) of the Washington Court of Appeals by looking at the decisions, the written evidence of dicisions, opinions.  The law requires them to be in writing (except for three judge panel decisions not to publish at the “courts” of appeal level.

The opinions tell us of the “thinking” of the judges.  The thinking is a conscious expression of what went on.  But, one must wonder, is there an unscious aspect of what went on in the making of the decision?  It seems obvious that there must be.  Everyone understands the written opinion is a rationalization of and for a decision. 

I suspect the real work of the court takes place at the unconscious level.  I also surmise that in the selection of judges or the understanding of the character of the judges who hold places on the benches of the courts today it may be necessary for us to know a bit about the unconscious character of the judges.  But, how does one get there?  Who would know.

Suffice it to say there courts are conscious processes but I sense the courts are also unconscious processes — the unconscious processes are probably far more interesting, and important to us.

Here is the opinion.

On June 1, 2009 in the United States District Court for Eastern District of Washington a case was filed challanging the apportionment and election of judges to the Washington Court of Appeals.  See the Complaint.