One Person, One Vote: Electing Judges to the Court of Appeals
Plaintiff has filed his opening brief in Eugster v. Washington and the Washington Court of Appeals. Find it here — Opening Brief of Appellant.
What might happen as a result of the case is this: The legislature, which has the power under the constitution to provide for the “manner of election” of the judges to the Washington Court of Appeals, will devise a plan whereby a commission will be established to select qualified lawyers who wish to become judges. The commission would then provide a list of nominees for a position on the court. The governor would then appoint from such list of qualified nominees. She or he would not be allowed to go outside of the list. Then, at the next election, the judge would stand for retention. This is the something like the Missouri Plan.
It would be highly doubtful if the legislature would try to amend the constitution to provide for the strict appointment of judges in the case of the Court of Appeals and the other courts – Superior Courts (trial courts) and State Supreme Court.
See my article at this link. See also The Walsh Commission Report.