Washington Court of Appeals
The Washington Court of Appeals is the intermediate level appellate court for the state of Washington. The court is divided into three divisions. Division I is based in Seattle, Division II is based in Tacoma, and Division III is based in Spokane.
Court of Appeals of Washington | |
---|---|
Established | May 12, 1969 |
Jurisdiction | State of Washington Counties are divided into one of three geographic appellate divisions |
Location | Division I—Seattle Division II—Tacoma Division III—Spokane |
Composition method | Non-partisan election with gubernatorial appointment to vacant seats |
Authorized by | Wash. Const. Art. IV § 30 Wash. Rev. Code Chap. 2.06 |
Appeals to | Supreme Court of Washington |
Appeals from | Superior Court of Washington |
Judge term length | Six years |
Number of positions | Division I—12 judges Division II—8 judges Division III—5 judges |
Website | Washington Courts |
Chief Judge, Division I | |
Currently | Beth M. Andrus |
Chief Judge, Division II | |
Currently | Rebecca Glasgow |
Chief Judge, Division III | |
Currently | George B. Fearing |
Division map | |
History
As early as 1929, the Washington judiciary observed a need for an intermediate appellate court to relieve the heavy workload of the Washington Supreme Court. That year the state's Judicial Council suggested the establishment of such a court as a possible option for judicial restructuring. Nevertheless, the state legislature took no steps until the mid-1960s, when work began on a Court of Appeals.
The Washington citizenry adopted a Constitutional Amendment on November 5, 1968, which authorized the legislature to create a Court of Appeals and to define its composition and jurisdiction. On May 12, 1969, the legislature passed the enabling act that established a Court of Appeals with three divisions and a total of twelve judges. Governor Dan Evans appointed the initial twelve judges with the judges all facing election at the general election of 1970 and with each elected judge initially serving terms of two, four or six years determined by lot.[1]
Composition
Twenty-two judges currently sit on the Washington Court of Appeals Court, divided into three geographic divisions. Within each division, panels of three judges hear each appeal. The court never sits en banc. Voters elect Court of Appeals judges for six-year terms. Judges on the Court of Appeals, like other Washington jurists, must retire at the end of the calendar year they reach the age of 75.[2] Each division contains three electoral districts, with judges within the divisions being elected only from within those districts.
Jurisdiction
By statute, the court is empowered to hear the following types of cases: 1. As a matter of right, all appeals from final judgments' of the Superior Court, and all other orders that effectively cut-off further litigation, such as condemnation orders, termination of parental rights, juvenile court proceedings, and incompetency proceedings.[3]
- All Personal Restraint Petitions (a statutory variation of the Writ of Habeas Corpus) [4]
- Writs of Mandamus and quo warranto (the Writ of Habeas Corpus is only available in Superior Court)
- Appeals from decisions of administrative agencies.
- Discretionary Review of the Superior Court's decision in an appeal from a court of limited jurisdiction.[5]
- Discretionary Review of interlocutory appeals from rulings of the Superior Court for which there is no other effective remedy.[6]
Jurisdiction precluded (vested in the Supreme Court of Washington)
- Writs of quo warranto, prohibition, injunction or mandamus that are directed to state officials.
- Cases where the death penalty has been imposed.
- Cases where the validity of all or any part of a statute or tax has been held to violate the state constitution, the US Constitution or federal law.
- Cases involving fundamental and urgent issues of broad public import requiring prompt and ultimate determination.[7]
Current judges
Name | Assumed office | Current term end | Law school | ||
---|---|---|---|---|---|
Division I | |||||
Chief Judge | Beth M. Andrus | June 1, 2018 | January 13, 2025 | University of Minnesota | |
Acting Chief Judge | Lori Smith | August 1, 2018 | January 12, 2026 | University of Washington | |
Judge | Stephen Dwyer | November 2005 | January 8, 2023 | University of Washington | |
Judge | James Verellen | October 2012 | January 9, 2028 | Willamette University | |
Judge | David S. Mann | August 16, 2016 | January 10, 2027 | Lewis & Clark College | |
Judge | Cecily Hazelrigg-Hernandez | January 14, 2019 | January 13, 2025 | Gonzaga University | |
Judge | Bill Bowman | January 24, 2020 | January 10, 2027 | California Western Law School | |
Judge | Linda Coburn | January 11, 2021 | January 10, 2027 | Seattle University | |
Judge | Janet Chung | March 31, 2022[8] | January 8, 2023 | Columbia University | |
Judge | Ian Birk | April 13, 2022[9] | January 8, 2023 | University of Washington | |
Commissioner | Masako Kanazawa | - | - | Seattle University | |
Commissioner | Mary S. Neel | - | - | Seattle University | |
Division II | |||||
Acting Chief Judge | Anne Cruser | March 8, 2019 | January 8, 2023 | Willamette University | |
Chief Judge | Rebecca Glasgow | January 14, 2018 | January 13, 2025 | University of Washington | |
Judge | Linda C.J. Lee | January 6, 2014 | January 13, 2025 | University of Hawaii | |
Judge | Meng Li Che | December 1, 2022 | January 7, 2024 | Seattle University | |
Judge | Bradley Maxa | July 2013 | January 8, 2023 | College of William & Mary | |
Judge | Lisa L. Sutton | October 1, 2014 | January 10, 2027 | Seattle University | |
Judge | Bernard Veljacic | December 8, 2020 | January 8, 2023 | Seattle University | |
Commissioner | Aurora R. Bearse | - | - | Rutgers University | |
Commissioner | Eric Schmidt | - | - | Seattle University | |
Division III | |||||
Presiding Chief Judge | George Fearing | June 24, 2013 | January 8, 2023 | University of Washington | |
Chief Judge | Laurel Siddoway | May 10, 2012 | January 12, 2025 | University of Utah | |
Acting Chief Judge | Robert Lawerence-Berrey | March 1, 2014 | January 13, 2025 | Willamette University | |
Chief Judge | Rebecca Pennell | January 19, 2016 | January 10, 2027 | Stanford University | |
Judge | Tracy Staab | January 11, 2021 | January 10, 2027 | Seattle University | |
Commissioner | Erin Geske | - | - | Lewis & Clark College | |
Commissioner | Hailey Landrus | - | - | Seattle University | |
Divisions
Division I
Division I sits in Seattle, and is the smallest of the three geographic divisions, though the largest by population. It stretches from the White River (to the extent it serves at part of King county's southern boundary) in the south to the Canada–US border in the north, and from the Cascade Range in the east to the San Juan Islands in the west. The division hears appeals from Island, King, San Juan, Skagit, Snohomish and Whatcom.
Division II
Division II sits in Tacoma and hears appeals from the counties of Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania (see note, infra.), Thurston and Wahkiakum.
Division III
Division III sits in Spokane and includes the three-fifths of the state's land area that lies east of the Cascade Range. In addition to the state's second largest city, Spokane; it embraces the regional cities of Yakima and the Tri-Cities of Kennewick, Pasco, and Richland. It hears appeals from Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat (see note, infra.), Lincoln, Okanigan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman and Yakima counties.
Other areas
Skamania County is in Division II; Klickitat County is in Division III. These counties are sparsely populated, so do not qualify for their own Superior Court judge. They must share one Superior Court Judge. When the judge presides in Skamania County, Division II opinions are followed. When the judge presides in Klickitat County, Division III opinions are followed. When the Divisions issue conflicting opinions, practitioners must be careful to follow/cite from the appropriate appellate division.
References
- see generally Ch. 2.06 Rev. Code Wash.
- see generally Ch. 2.06 Rev. Code Wash.
- Wash. R.App.P 2.2, 6.1
- Wash. R.App.P. 16.1 et seq.
- Wash. R.App.P. 2.2.
- Wash. R.App.P 2.3
- 1969 Wash. Laws ch. 121
- "Inslee appoints Janet Chung to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 27 April 2022.
- "Inslee appoints Ian Birk to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 27 April 2022.