Five WA Supreme Court seats are on the ballot this fall, and the stakes have never been higher

Washington voters will decide an unusually high number of Supreme Court races this fall, with five of the court’s nine seats on the ballot, drawing what one former top state official predicts will be unprecedented spending and public attention.

Former State Attorney General Rob McKenna said the open seats, multiple candidates, and a looming income tax lawsuit are setting the stage for a Supreme Court election cycle unlike any the state has seen.

“This is an unusual number of Supreme Court races in a single election,” McKenna told “Seattle’s Morning News.” “You’re going to see an unprecedented level of public attention and of campaign spending this year for Supreme Court races.”

Under normal circumstances, three justices face voters every two years as part of their staggered six-year terms. But recent resignations led then-Governor Jay Inslee to appoint replacements to fill the vacancies, and those appointees must now stand for election. Additionally, two of the three justices whose terms are expiring could not seek reelection due to age.

That leaves Chief Justice Deborah Stevens as the only previously elected incumbent on the ballot. The four remaining seats are either held by recent appointees or are entirely open.

The dynamic has upended a long-standing trend in Washington’s judicial elections, where few candidates typically step forward to challenge sitting justices or even gubernatorial appointees.

“One of the hallmarks of Supreme Court races in recent years has been very few people filing to run or to challenge an incumbent or even an appointee,” McKenna said. “That’s changed this year. You have multiple people filing for most of the positions.”

Among the early surprises was the brief candidacy of prominent Seattle attorney Anne Bremner, who filed for one of the open seats on a Friday only to withdraw the following Monday.

“Not clear why,” McKenna said. “She’s a very prominent attorney. Probably would have been a high-profile candidate.”

Newly elected Supreme Court judges to decide significant legal battles

McKenna said several factors are likely to amplify voter interest beyond the sheer number of contested seats. No U.S. Senate race is on the ballot this year, leaving legislative contests as the only other campaigns competing for voter attention and donor dollars.

Perhaps most significantly, the state Supreme Court is expected to hear a major income tax lawsuit next year — meaning the justices elected this November will be the ones to decide the case.

“That’s enhancing attention as well,” McKenna said.

The combination of an open political landscape and high-stakes legal questions could transform races that historically attract little public scrutiny into some of the most closely watched contests of the election cycle.

Washington’s Supreme Court justices are elected in nonpartisan races, though in recent cycles, advocacy groups and political organizations have increasingly invested in judicial campaigns, a trend observers expect to accelerate this year.

Filing for statewide office closed last week. The top-two primary is scheduled for August, with the general election in November.

Manda Factor is the co-host of “Seattle’s Morning News” on KIRO Newsradio. Follow Manda on X and email her here. 

Follow @MandaFactor