Washington Court of Appeals

Court of Appeals of Washington
gubernatorial appointment to vacant seats
Authorized 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

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.

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] Each division contains three electoral districts, with judges within the divisions being elected only from within those districts.

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

• All Personal Restraint Petitions (a statutory variation of the
  Writ of Habeas Corpus) ^[4]
• Writs of
  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
  US Constitution or federal law
  .
• Cases involving fundamental and urgent issues of broad public import requiring prompt and ultimate determination.[7]

Current judges

	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

Division I

Division I sits in

.

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

. 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.

References

External links

• Washington State Trial and Appellate Courts homepage