Washington Courts

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.

The case claiming that the Washington Court of Appeals judicial elections are subject to the one person one vote principles of the Washington State Constitution Art. I, Section 19 is on its way to the Washington Supreme Court. 

The Statement of Grounds for Direct Review and the Answer to the Statement of Grounds for Direct Review have now been filed with the Supreme Court.

Appellant’s Brief will be filed by the end of April, or thereabouts.

The defendants, the state of Washington and the judges of the Court of Appeals, have filed their response to the plaintiff’s motion for partial summary judgment.  They have asked for summary judgment too, and dismissal of the complaint.  Here is the response — Defendant’s Motion to Dismiss, etc.

The motions will be heard this Friday at 9:00 am, February 5, 2010 in the courtroom of Judge Richard D. Hicks, Thurston County Superior Court, Olympia, WA.