WA’s Supreme Court election heats upFree

Five races for seats on Washington’s state Supreme Court are set to get much more attention over the next two months.

These races typically pass by without much notice as incumbent justices often sail to reelection to the nine-member court that decides appeals from lower courts, including on the legality of controversial state laws. It also guides the work of lower courts. For example, the justices last year slashed caseload limits for public defenders, and will soon consider reforms to bail bond policy.

But with the looming litigation over the constitutionality of the state’s new income tax on high earners, and significant turnover on the court, millions of dollars are set to be shoveled into these races. They’ll be on the ballot alongside an initiative to overturn that new tax.

Republicans see November as a rare opportunity to shift the balance of power they see as tilting further and further to the left of the political spectrum. The five elections are, in a way, statewide proxy battles between conservatives and liberals, with four challengers endorsed by the state Republican Party against candidates favored by Democratic leaders, including two new appointees of Gov. Bob Ferguson.

Money is already flowing. Concerned Taxpayers of Washington State, a political group, spent around $50,000 each to promote three conservative candidates — Dave Larson, Scott Edwards and David Stevens — just before the primary.

The group has raised nearly $500,000. Some of the biggest contributors are the Building Industry Association of Washington, Let’s Go Washington leader Brian Heywood and Republican business owner Steve Gordon.

On the other side, Beware the Attack on Our Courts spent $16,000 opposing each of those candidates. The group has raised over $400,000 from unions like the Washington Federation of State Employees and Washington Education Association, as well as a union-backed political action committee.

Very little outside money has been spent in previous Supreme Court election years.

Candidates are also raising large sums themselves, with four pulling in more than $300,000 of contributions as of early September.

Now that last month’s primary is in the rearview mirror, the one-on-one races have become clear. Most ballots go out in mid-October. Election Day is Nov. 3.

Birk v. O’Donnell

The race between appeals court Judge Ian Birk and King County Superior Court Judge Sean O’Donnell is shaping up to be the most expensive of the bunch.

Birk has raised $395,000, more than any other state Supreme Court candidate so far this year. O’Donnell has brought in $334,000.

With only the two candidates running, this race wasn’t on the primary ballot.

Former Attorney General Rob McKenna, a Republican who is helming the legal challenge against the “millionaires’ tax,” has contributed $500 to O’Donnell’s campaign. O’Donnell also has support from some Democratic elected officials, including U.S. Reps. Adam Smith and Marilyn Strickland, public lands Commissioner Dave Upthegrove and former Gov. Christine Gregoire.

Attorney General Nick Brown, former Gov. Jay Inslee and U.S. Rep. Pramila Jayapal have endorsed Birk, who joined the state appellate bench in 2022 after two decades in private practice.

O’Donnell has been a judge on the King County Superior Court for over a decade and was previously president of the Superior Court Judges’ Association. He has served on the Supreme Court as a stand-in justice.

This position opened up with the required retirement of longtime Justice Charles Johnson due to age. The state constitution requires justices to retire at the end of the calendar year in which they turn 75.

The winner will serve a 6-year term.

Melody v. Edwards

Also on the ballot will be the seat now held by Justice Colleen Melody, after the retirement of Justice Mary Yu. Melody joined the bench early this year upon Ferguson’s appointment. She served as the former head of the civil rights division of the attorney general’s office under Ferguson and Brown. She had no prior judicial experience.

Melody is up against Edwards, an attorney with expertise in tax law. The state GOP endorsed Edwards. Melody took 52.9 percent of the primary vote, to Edwards’ 29.4 percent. A third, Republican-backed candidate, took 17.5 percent.

Melody has raised $240,000 for her first bid for office, with money coming from trial attorneys and influential unions, like the Washington Education Association, Service Employees International Union 775 and the Washington Federation of State Employees.

Edwards has brought in $133,000, including from Gordon and McKenna.

The winner will finish the final two years of Yu’s term.

Hawk v. Stevens

King County Superior Court Judge Jaime Hawk advanced out of this primary to face Stevens, a Mason County Superior Court judge.

Hawk, a former attorney for the American Civil Liberties Union, is the favored candidate among progressives, while Stevens has the backing of the state Republican Party. Hawk has raised nearly $240,000 to Stevens’ $56,000.

The winner will replace Justice Raquel Montoya-Lewis, the first Native American elected statewide. She announced her retirement in January and endorsed appeals court Judge Mike Diaz, who didn’t make it out of the primary.

Hawk or Stevens will serve the standard 6-year term. Stevens won the primary but with only 35.2 percent in the tight three-candidate race.

Angelis v. Larson

Justice Theo Angelis was Ferguson’s second appointment to the court this year, due to the retirement of Justice Barbara Madsen.

Angelis was one of four justices to rule last week that the statement on the income tax repeal initiative’s budget impacts should be left off ballots in November. Melody, the other Ferguson appointee, voted to keep it. With one justice out sick, the ruling was a 4-4 split, and the statement will appear.

Angelis faces Larson, a former Federal Way Municipal Court judge who narrowly lost a bid to join the high court in 2024.

Larson has called for a Judicial Elections Commission to evaluate candidates for judicial appointments, rather than leaving the decision solely to the governor. He’s endorsed by the state GOP.

Angelis has raised $365,000 to Larson’s $354,000.

Before becoming a justice, Angelis was a litigator with the law firm K&L Gates, where he worked with Ferguson more than 20 years ago.