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Washington Court of Appeals
Washington Court of Appeals :Eugster v. Washington and Washington Court of Appeals
Decision, June 16, 2011.
The Washington Supreme Court rendered its decision in the case upholding the way judges of the Washington Court of Appeals are elected. (Appellant, Steve Eugster, lost.)
The decision can be found here Eugster v. State.
In essence, the court said that Wash. Constitution Article I, Section 19 -- the "fair and equal election requirement" does not provide "one person, one vote" protection to those who elect judges to the Court of Appeals.
The court went on to say the idea of one person one vote does not apply to the election of judges anyway because judges are not "representatives" of the people. The court joins Louisiana in reaching this conclusion. See Wells v. Edwards, 347 F. Supp. 453 (M.D. La.1972), summarily aff’d, 409 U.S. 1095, 93 S. Ct. 904, 34 L. Ed. 2d 679 (1973).
Background and Pleadings and Article
Eugster asserted that the Washington Court of Appeals is not properly constituted. The elections of the judges to the court do not comply with the Washington Constitution fair and equal election requirements, Wash. Const. Art. I, Section 19. I have written an article on the subject. I have also commenced an action in the Superior Court in and for Thurston County, The case is now on appeal to the Washington Supreme Court. (See pleadings below.)
Superior Court Action, Thurston County Superior Court, Judge Richard D. Hicks, Cause No. 09-2-02873-4; Washington Supreme Court No. 84380-5Appeal to the Washington Supreme Court
Answer to Statement of Grounds for Direct Review (Respondent does not object to direct review by the Supreme Court)Order --Supreme Court Retains Jurisdiction to Decide Case (Direct Review Granted) September 10, 2010.Article The Washington Court of Appeals: Fair and Equal Election Rights Violated, An Opportunity for Judicial Improvement (revised January 19, 2009).
Legislation EffortsLetter to Presiding Judge of Court of Appeals. In this letter of December 29, 2008 I ask the Washington Court of Appeals to respond to my article.Letter to Presiding Judge of Court of Appeals, February 18, 2009 (Second letter.)