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 |
| Authorised 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 | Lori K. Smith |
| Chief Judge, Division II | |
| Currently | Rebecca Glasgow |
| Chief Judge, Division III | |
| Currently | George B. Fearing |
| Division map | |
 | |
History
editAs 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
editTwenty-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]
Jurisdiction
editBy 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)
edit- 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
edit| Name | Assumed office | Current term end | Law school | ||
|---|---|---|---|---|---|
| Division I | |||||
| Chief Judge | Lori K. Smith | August 2018[8] | January 2030 | University of Washington | |
| Acting Chief Judge | Cecily Hazelrigg | January 2019[9] | January 2025 | Gonzaga University | |
| Judge | Stephen J. Dwyer | November 2005[10] | January 2029 | University of Washington | |
| Judge | David S. Mann | August 2016[11] | January 2027 | Lewis & Clark College | |
| Judge | Bill Bowman | January 2020[12] | January 2027 | California Western Law School | |
| Judge | Linda Coburn | January 2021[13] | January 2027 | Seattle University | |
| Judge | Janet Chung | March 2022[14] | January 2025 | Columbia University | |
| Judge | Ian Birk | April 2022[15] | January 2029 | University of Washington | |
| Judge | J. Michael Diaz | September 2022[16] | January 2028 | Cornell University | |
| Judge | Leonard Feldman | March 2023[17] | January 2025 | Harvard University | |
| Commissioner | Masako Kanazawa | - | - | Seattle University | |
| Commissioner | Jennifer D. Koh | - | - | Yale University | |
| Division II | |||||
| Chief Judge | Rebecca Glasgow | January 2018 | January 2025 | University of Washington | |
| Acting Chief Judge | Anne Cruser | March 2019 | January 2029 | Willamette University | |
| Judge | Bradley Maxa | July 2013 | January 2029 | College of William & Mary | |
| Judge | Linda C.J. Lee | January 2014 | January 2025 | University of Hawaii | |
| Judge | Bernard Veljacic | December 2020 | January 2023 | Seattle University | |
| Judge | Erik D. Price | 2021 | January 2027 | University of Washington | |
| Judge | Meng Li Che | December 2022 | January 2027 | Seattle University | |
| Commissioner | Aurora R. Bearse | - | - | Rutgers University | |
| Commissioner | Karl Triebel | - | - | Chapman University | |
| Division III | |||||
| Chief Judge | George B. Fearing | June 2013 | January 2029 | University of Washington | |
| Acting Chief Judge | Robert Lawerence-Berrey | March 2014 | January 2025 | Willamette University | |
| Judge | Rebecca L. Pennell | January 2016 | January 2027 | Stanford University | |
| Judge | Tracy Staab | January 2021 | January 2027 | Seattle University | |
| Commissioner | Erin Geske | - | - | Lewis & Clark College | |
| Commissioner | Hailey Landrus | - | - | Seattle University | |
Divisions
editDivision I
editDivision 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
editDivision 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
editDivision 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
editSkamania 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
edit- ^ 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 announces appointment to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
- ^ "Acting Chief Judge Cecily C. Hazelrigg". Washington Courts. Retrieved 20 January 2024.
- ^ "Judge Stephen J. Dwyer". Washington Courts. Retrieved 20 January 2024.
- ^ "Inslee appoints Judge David S. Mann to the Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
- ^ "Inslee appoints Judge Bill Bowman to the Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
- ^ "After election to Court of Appeals, Judge Coburn ready to take passion for public service to next level". My Edmonds News. 25 November 2020. Retrieved 20 January 2024.
- ^ "Inslee appoints Janet Chung to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
- ^ "Inslee appoints Ian Birk to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
- ^ "Inslee appoints J. Michael Diaz to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
- ^ "Inslee appoints Leonard Feldman to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.