Start paying attention to the Washington state Supreme Court

Besides the unprecedented presidential race, a majority of focus locally for this election season has been directed at major offices like governor and senator, as well a few major initiatives. But Rep. Matt Manweller, who represents the 13^th Legislative District, told KTTH’s Todd Herman that the historic number of options available for Washington state Supreme Court may be your most important vote of all.

“I think most people forget that most of the time, judges run for reelection unopposed and I think we have only knocked off three incumbent judges in the last 100 years,” Manweller said. “This is a rare event. So, obviously, the fact that three people have all emerged at the same time to challenge the court, tells you something about the way the court has behaved.”

State rep: Judges shouldn’t be for sale

Three of the nine Washington state Supreme Court justices are on the ballot this November — each being opposed. Incumbent Mary Yu is being challenged by David DeWolf for Position 1; Chief Justice Barbara Madsen by Greg Zempel for Position 5; and Charlie Wiggins by Dave Larson for Position 6. Justices are elected to the nonpartisan positions for six-year terms.

Yu was appointed by Gov. Jay Inslee in 2014 and Madsen topped Zempel in the August primary, earning 64 percent of the vote. Wiggins was elected to the position in 2011.

Manweller, a Republican, argued that Washington’s justices have increasingly been outcome-driven rather than adhering to the Constitution. He said the current court is “as bad as it has ever been” in that regard.

“It used to be that the judges used to be referees and they didn’t really care who won the game; they just called balls and strikes,” Manweller said. “Now, what we have is Supreme Court justices who want an at-bat. They want to take a swing at the pitch. They want to influence the outcome of the game. Part of it, here in Washington state, is because interest groups have started to donate so much money.”

Manweller said the pressure has been building to find new Washington state Supreme Court justices. He points to three specific events when the Supreme court made questionable decisions: The court striking down a two-thirds initiative that the previous courts upheld; the mandate $15 minimum-wage mandate that went beyond the scope of the bill; and striking down of voter-approved charter schools that led to a bipartisan search to find new options, Manweller said.

“You might have to wait another 20 years before you have an opportunity to change the court, so this is truly a historic election when it comes to the Supreme Court,” he said.

Manweller also pointed to the state employee’s union as an example of how “we’ve gotten to the point where you can just buy a decision in Washington state.”

“Lady Justice is supposed to be blind,” he said. “Well, our justices are not blind. They are looking at who is donating money to them and, I’ve got to tell you, you look at who donates and who wins and there’s a huge overlap. You donate a few hundred thousand dollars and you win – every time.”

Manweller, who endorses all three of the challengers, says that a changing of the guard would help alter the “intellectual diversity” currently on the bench and would give more voice other parts of the state – Zemple lives in Central Washington, DeWolf in Eastern Washington and Larson is from Federal Way.

“None of these candidates are Seattle-centric, uber-left judges,” he said. “… We need these Scalia-like justices who put aside their own opinion and start following the Constitution.”

Manweller says one incumbent falling could be a wake-up call to the rest of the court.

“Sometimes just a torpedo across the bow of a ship will cause it to change course,” he said. “You don’t have to sink it.”

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