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GUEST OPINION
On Monday, Feb. 2, Justice Barbara Madsen of the Washington State Supreme Court announced her retirement. Fittingly, it was Groundhog Day.
The irony is unmistakable. Just as the classic 1993 movie involved Bill Murray living the same day over and over, Washingtonians observe a familiar pattern repeat itself with the depressing familiarity of a Punxsutawney snow storm.
Another Supreme Court justice announces early retirement. Another vacancy appears. Another appointment is made by the governor. And once again, the public is told that this is simply how the system works.
This is a problem. Under our Washington State Constitution, judges are intended to be selected by the people through open, fair, and contested elections. Political appointments to the state’s highest courts should be the exception, not the rule.
Today, that principle is being quietly eroded. More and more often, judges step down before their terms expire. When they do, the governor fills the vacancy. That appointee then runs as an incumbent in the next election - with all the advantages that title provides in a low-information, nonpartisan race.
The result is predictable. Once appointed, most judges keep their seats. Not because voters made a clear, informed choice, but because incumbency carries weight and familiarity.
Over time, this practice has radically reshaped our courts.
Today, a lopsided majority of the Washington Supreme Court and Court of Appeals judges initially reached the bench by appointment, rather than a contested election. That should concern everyone who values an independent judiciary and the structure and intent of our Washington State Constitution.
To be clear: I do not question the integrity or qualifications of individual judges. The issue is constitutional intent and public trust. When one office controls judicial appointments, public confidence inevitably suffers.
In our system, courts must be fiercely independent - not only in fact, but also in appearance. Citizens must believe that judges are accountable to the Constitution and the people - not to one political party or the current occupant of the Governor’s Mansion.
That confidence is fragile. Once lost, it is difficult to restore.
Washington has been largely governed by one political party for decades. That is a political reality. That reality, however, makes judicial independence even more important. Courts are intended to serve as a jealous check on executive and legislative power, not an extension of it.
Last session, I introduced House Bills 1928 and 1929 to build public trust in our judiciary by requiring legislative confirmation, by a supermajority vote, of judicial appointments to our highest courts. If enacted, they would have required the governor to seek legislative support for whoever is appointed to fill Justice Madsen’s impending vacancy. The goal is simple: bring transparency, accountability, and bipartisan oversight into a process that currently lacks all three.
The bills did not advance. But nothing prevents Gov. Ferguson from embracing the bills’ underlying principles: seeking broad bipartisan support for any nominee to fill a judicial vacancy.
We must not accept a system that undermines public trust in the judiciary and reinforces the corrosive notion that judges are merely “politicians in robes.” The independence and vitality of our judiciary are too important.
I encourage readers to contact the governor, ask him to embrace the principles of HB 1928 and HB 1929, and seek broad bipartisan support for this judicial appointment. Moreover, I encourage readers to urge the governor to appoint a caretaker for this position, allowing a full, open and vigorously contested election without the built-in advantages of incumbency.
Doing so will build the public’s trust in our judicial system, honor the intent of our Constitution, and end Washington’s judicial Groundhog Day.
HUNTER ABELL REPRESENTS THE 7TH LEGISLATIVE DISTRICT, WHICH INCLUDES PEND OREILLE COUNTY, IN THE STATE HOUSE OF REPRESENTATIVES.
