Washington Court of Appeals
Appellate court in Washington, US
From Wikipedia, the free encyclopedia
The Washington Court of Appeals is the appellate court for the state of Washington. It hears appellate cases from lower courts, and its decisions may be appealed to the Washington Supreme Court. The Court of Appeals is divided into three divisions: Division I in Seattle, Division II in Tacoma, and Division III in Spokane.
Counties are divided into one of three geographic appellate divisions
| 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
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]
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
| Division | Name | Start | Term End | Law School |
|---|---|---|---|---|
| 1st | Lori Smith, Chief Judge | August 2018[8] | January 2030 | Washington |
| Cecily Hazelrigg, Acting Chief Judge | January 2019[9] | January 2031 | Gonzaga | |
| Tam Bui | November 2025 | January 2029 | Seattle | |
| David Mann | August 2016[10] | January 2027 | Lewis and Clark | |
| Bill Bowman | January 2020[11] | January 2027 | California Western | |
| Linda Coburn | January 2021[12] | January 2027 | Seattle | |
| Janet Chung | March 2022[13] | January 2031 | Columbia | |
| Ian Birk | April 2022[14] | January 2029 | Washington | |
| Michael Diaz | September 2022[15] | January 2028 | Cornell | |
| Leonard Feldman | March 2023[16] | January 2031 | Harvard | |
| Masako Kanazawa, Commissioner | – | – | Seattle | |
| Jennifer Koh, Commissioner | – | – | Yale | |
| 2nd | Rebecca Glasgow, Chief Judge | January 2018 | January 2031 | Washington |
| Anne Cruser, Acting Chief Judge | March 2019 | January 2029 | Willamette | |
| Bradley Maxa | July 2013 | January 2029 | William and Mary | |
| Linda Lee | January 2014 | January 2031 | Hawaii | |
| Bernard Veljacic | December 2020 | January 2031 | Seattle | |
| Erik Price | 2021 | January 2027 | Washington | |
| Meng Li Che | December 2022 | January 2027 | Seattle | |
| Aurora Bearse, Commissioner | – | – | Rutgers | |
| Karl Triebel, Commissioner | – | – | Chapman | |
| 3rd | George Fearing, Chief Judge | June 2013 | January 2029 | Washington |
| Robert Lawerence-Berrey, Acting Chief Judge | March 2014 | January 2031 | Willamette | |
| Tracy Staab | January 2021 | January 2027 | Seattle | |
| Megan Murphy | January 2025 | January 2027 | Colorado | |
| Vacant | January 2026[17] | January 2027 | ||
| Erin Geske, Commissioner | – | – | Lewis and Clark | |
| Hailey Landrus, Commissioner | – | – | Seattle |
Vacancies and pending nomination
| Vacator | Reason | Vacancy Date | Nominee | Nomination Date |
|---|---|---|---|---|
| Tyson Hill | Retirement | January 2026[18] | TBD | Pending |
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.