When special interest money and sleazy hit jobs are a big part of a candidate’s campaign for the state Supreme Court, voters ought to take particular notice.
Ian Birk, seeking Supreme Court Position 4, is breaking all the norms. He should not be rewarded at the polls.
A state appeals court judge, Birk faces King County Superior Court Judge Sean O’Donnell. For myriad reasons, the board strongly believes O’Donnell is the better person for the job.
Birk’s campaign is an outlier, in all the wrong ways.
First, there are Birk’s campaign coffers, flooded with contributions from lawyers and law firms that have made fortunes suing the state.
Washington paid out $614 million in claims and settlements last year. Plaintiff law firms usually take about 33% of payouts.
With the Legislature trying to get a handle on the spigot of public funds — and, we hope, the governor’s office pushing for government reforms to avoid future liabilities — tort reform is likely to come before the high court in one form or another. Hundreds of millions of dollars are at stake.
Roughly 80% of Birk’s total contributions come from personal injury firms, their attorneys and families. That’s according to former deputy Seattle city attorney Scott Lindsay, who delved into data from the state Public Disclosure Commission.
By comparison, less than 1% of O’Donnell’s contributions come from personal injury firms, their attorneys and families, Lindsay determined.
These firms have enormous financial stakes in how the court interprets liability laws, said Lindsay. The massive support from a single special interest to Birk’s campaign raises “serious red flags,” he said.
Lindsay is not affiliated with the O’Donnell campaign, although he contributed $1,041.98 and helped put on a fundraiser. From his time in government, Lindsay said he saw the costs of runaway verdicts on public programs and services.
Second, there are Birk’s nasty, unfounded, and clearly unethical smears about O’Donnell’s political affiliation.
Judges are nonpartisan positions. But Birk knows which way the wind blows around here and has made ridiculous charges that O’Donnell is a closet Republican and part of a MAGA effort to take over the Supreme Court. It would be laughable if it weren’t so serious.
Of course, Birk’s claims are nonsense. O’Donnell has the support of Democrats, Republicans and independents, including former Govs. Gary Locke and Christine Gregoire. That ought to be a strength, not a liability.
What’s worse, this type of sleazy campaigning is expressly forbidden in Washington State Court Rules. Canon 4: “A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.”
The rules state that judges and judicial candidates shall not “publicly self-identify as a member or a candidate of a political organization.”
But that hasn’t stopped a political action committee funded partially by trial lawyers from attacking O’Donnell.
Beware the Attack on Our Courts raised more than $1.2 million. Top five contributors include public sector unions, a personal injury firm and an attorney for a personal injury firm.
The messaging is about as subtle as a slap to the face: just include O’Donnell’s name along with the words “Republican” and “MAGA” and say his campaign is part of their plan to “lock in power for decades.”
In a recent debate, O’Donnell said Birk showed “really poor judgment in how he’s conducted this campaign.”
“If this approach works, you’ve kicked down the door to how you get a judicial seat,” said O’Donnell. “It becomes a race of who’s the prevailing party and how quick will the candidate bend the knee.”
For his part, Birk said he has done nothing wrong. “I’m good with the statements in my campaign. I think they’re accurate. I think they’re fair.”
In actuality, they are neither. And Birk is smart enough to know it.
It’s often tough for voters to pick judicial candidates. In this case, it’s an easy call. For the integrity of nonpartisan elections and a host of other reasons, elect Sean O’Donnell to state Supreme Court Position 4.
