Washington’s state Supreme Court is about to get a makeover with five seats up for election this year. The court has come under criticism in recent years for being too ready to overturn precedent and the opacity of its rule-making process.
In the Position 4 race, these questions are coming to the fore. Two experienced legal minds are vying for the open seat. One is Judge Sean P. O’Donnell, who has served on the King County Superior Court for 13 years, following 12 years as a prosecutor. The other is state Appeals Court Judge Ian S. Birk. Then-Gov. Jay Inslee appointed him to a vacant Division 1 seat in 2022 and he retained his seat that November in an unopposed election. Before that, he was a civil litigator, working at different court levels.
Of two excellent and respected candidates, the clear choice is O’Donnell for his breadth of experience, including leadership in Superior Court as chief criminal judge and chief unified family court judge for two years each. He has also subbed in on the state Supreme Court as a pro tem justice.
Also, his experience as past president of the state Superior Court Judges Association, working with counterparts in 39 counties, gives him insight into the high court’s responsibility for the statewide court system. The disparate challenges facing urban and rural courts, including resources, can impact the administration of justice.
The Supreme Court makes rules that affect all the courts in the state, including the recent rule lowering public defender caseloads. A change that is hitting local governments who are not able to hire more defenders, either because of a shortage of lawyers or money.
On that last score, O’Donnell made the welcome suggestion that the high court’s rule-making process should be more transparent, both to those in the court system and the public. Recently, the court proposed a controversial rule affecting the bail system, which garnered more than 900 comments. And the court is expected to hold a hearing on the issue.
“Our process needs reform,” O’Donnell said. Birk agreed that more voices should be brought into the rule-making system.
Another significant difference between the judges is who is supporting them. O’Donnell has endorsements that span the political spectrum in King County and the state, from Republican King County Councilmember Pete von Reichbauer and former Democratic Gov. Chris Gregoire. He also got the nod from Lisa Daugaard, co-executive director at Purpose. Dignity. Action. (formerly the Public Defender Association).
The majority of Birk’s contributors are trial attorneys. While he has endorsements of many judges at all levels around the state, he has not a single endorsement from an elected Republican.
In answer to a question about whether that should matter to voters, Birk said, “It doesn’t matter to me,” meaning he does not consider who makes contributions. Both candidates say they eschew looking at their respective contributors to maintain objectivity.
Birk is a thoughtful candidate who has gained the respect of his colleagues, some who pushed him to run for the high court.
However, O’Donnell’s diverse experience in the courts, as a judge, a prosecutor and a leader in his profession, pose more opportunity for the newly comprised court to come through this transition away from longtime leaders. His commitment to more transparency from the court and its accountability to the people is refreshing.
O’Donnell readily agreed to commit to voters to serve the full six-year term, rather than step down for the governor to appoint his replacement. Initially, Birk equivocated saying that was too far in advance before saying he would.
Because this race has only two candidates, it will not appear on the primary ballot. Voters will have their say in November.
Editor’s note: An earlier version of this endorsement incorrectly stated which governor appointed state Appeals Court Judge Ian S. Birk.
