Harger: Washington Supreme Court poised for major shift with two open seats

Keep an eye on the Washington State Supreme Court. Things are shifting, and not in a small way.

Justice Raquel Montoya-Lewis announced last week she won’t seek reelection. Justice Charles Johnson is stepping aside. That means two open seats on the state’s highest court this November.

In a state where Democrats control the governor’s mansion and dominate the legislature, you don’t need a crystal ball to see where this is heading. Let’s just say progressives are looking at November like a kid looks at Christmas morning. If you thought the current court was friendly to Democratic policies, just wait.

Now, Washington’s Supreme Court justices are technically elected. Nonpartisan races. Six-year terms. No party labels on the ballot. Sounds like the voters are in charge, right?

Yeah, about that.

When a justice retires mid-term, the governor appoints a replacement. That replacement then runs in the next election as the incumbent. And in Washington, judicial incumbents almost never lose. Many run unopposed. So the “election” is really more of a formality. A nice ceremony. Democracy theater.

Right now, five of the nine justices on the court first got there through appointment. Not by election. A phone call from the governor’s office. They won their seats later, sure, but they won them with “incumbent” already printed next to their name. That word does a lot of heavy lifting on a ballot.

Justice Colleen Melody was sworn in less than two weeks ago. Governor Ferguson appointed her after Justice Mary Yu retired at the end of last year. Melody has never faced voters. Not once. Now she runs this fall as the incumbent. I’m sure she’s qualified. But let’s not pretend the voters put her there.

Now, credit where it’s due. Justices Montoya-Lewis and Johnson are serving out their full terms. That means voters will actually choose their replacements in genuinely open races. No appointed incumbent with a head start. That’s how the system should work. It’s also increasingly the exception.

Why should you care?

Some very big cases are heading toward this court.

The legislature is pushing an income tax on high earners. If it passes, it’s going to get challenged. The court decides.

Then there’s Initiative 2066, the natural gas access measure voters approved in 2024. A lower court struck it down.

And the fallout from the Blake decision is still rippling through the system. Drug laws, police pursuit rules, public safety reforms. Cases are stacking up. This court will have the final word on all of it.

This is the court that will make those calls. A court shaped largely by appointment. A court that keeps drifting in one direction. A court where elections are mostly ceremonial for justices who got their gavel through the governor’s speed dial.

I’m not saying the justices are bad people. I’m saying the system is built to produce a certain outcome. And it’s working exactly as designed.

November is coming. Two open seats. Real elections. No incumbents.

Look, if you think the court is doing a great job, you’re going to love what’s coming.

If you’re worried about one-party rule in the executive, legislative, and judicial branches with no checks on power, these two seats are worth paying attention to.

Charlie Harger is the host of “Seattle’s Morning News” on KIRO Newsradio. You can read more of his stories and commentaries here. Follow Charlie on X and email him here. 

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