Washington Business Fall 2016 | Judicial Review

2016 judicial scorecard 2016 Judicial Scorecard and Guide to the Washington Supreme Court Robert A. Battles AWB General Counsel Since 2004, the Association of Washington Business has published our Judicial Scorecard and Guide to the Washington Supreme Court. The Scorecard is intended to inform and educate our membership and the general public about the role the state’s highest court plays and how it affects the business community. The 2016 Scorecard builds upon the previous year’s Scorecards. the importance of the washington supreme court to business The Judicial Scorecard recognizes the unique role of the Court as The Washington Supreme Court is the state’s highest court. It is an independent branch of government. The role of the justices is not the final word on the interpretation and application of Washington to make law, but to interpret and apply the law to facts. We have tried state law. Approximately 8,500 cases are heard by the county supeto highlight philosophical or practical differences between justices rior courts in Washington. About 3,500 of those cases are appealed on important cases. This is not an exact science and the facts of each to the three Washington Court of Appeals Divisions. The Supreme case can greatly influence the ultimate outcome. The best use of the Court will ultimately hear about 150 of those appealed cases. NearScorecard is to highlight those philosophical trends that may indicate ly half of the cases heard by the Court are civil and the other half how the court may rule in the future. are criminal appeals. The court’s role is to interpret laws passed by the Legislature and/or interpret our state constitution as it applies Washington Supreme Court Facts to the facts of the case before it. The Washington Supreme The number of justices serving on the Supreme Court has varied from the origiCourt plays a major role in how business is done in the nal five to the present nine. state of Washington. When the Court rules, it is establishing a “legal precedent” that becomes part of the law Each justice serves a six-year term, with three submitting themselves to the Washington businesses must follow. This means that those electorate every two years. decisions will not only affect the outcome of the individual The governor fills vacancies that occur through resignation or death, but these case, but could also impact the overall business climate for appointees must gain approval of the voters at the next general election. years to come. In 1907, the Legislature established a direct nonpartisan election system for Many of the cases included in this scorecard were nominating judges, replacing political party conventions. Separate nonpartisan cases that AWB submitted amicus curiae (“friend of the ballots were also authorized for the November general elections, removing court”) briefs to the court. These briefs allow AWB to judges from the political party lists. Except for a brief return to partisanship provide the Court with its perspective on

Washington Business Fall 2016 | Judicial Review | Page 3