Five of the nine seats on the Washington State Supreme Court are on the ballot this fall, something that hasn’t happened in recent memory. From a contested income tax to a pension fund dispute, the outcomes will shape major legal fights for years. Here’s what to know before you vote.
Why So Many Seats Are Open
Justices normally serve staggered six-year terms, with three seats up every other cycle. Not this year. Justice Charles Johnson (Position 4) will require upon reaching the mandatory retirement age of 75. Justice Raquel Montoya-Lewis (Position 3) chose not to seek reelection. Justices Barbara Madsen (Position 5) and Mary Yu (Position 1) already stepped down. Their governor-appointed replacements are now defending those seats. Chief Justice Debra Stephens (Position 7) is the only incumbent running.
A Political Divide
WA GOP has recommended two candidates: Judge David Stevens (Position 3) and retired judge Dave Larson (Position 5). WA GOP says the candidates would bring “diversity of thought” to the court. The state Democratic Party skipped formal endorsements. The party instead pointed voters to local county parties, urging them to reject WA GOP’s picks.
The Legal Stakes
Two major fights are headed for the new court. Former AG Rob McKenna is challenging the state’s new “Millionaires Tax”, a 9.9% levy on household income over $1 million under SB 6346, with a repeal campaign already underway. Separately, lawmakers pulled nearly $4 billion from the LEOFF 1 police and firefighter pension fund to close a budget gap, prompting a lawsuit from retired officers including former Congressman Dave Reichert (Washington State Standard).
Candidates won’t preview how they’d rule, but whoever wins will help decide these cases.
Money Is Flowing
These races don’t usually attract big money; this year might be different. Candidates had raised nearly $1.3 million combined as of Monday (track totals via the PDC).
Ballotpedia found progressive donors have supplied over 99% of major court campaign contributions since 2013. With five seats in play, voters have real leverage to shift the court’s direction this November.