Everett Herald

Endorsements

• General Election: Johnson's restraint would benefit high court
• General Election: Bui better of two fine candidates for court
• Primary Election: Incumbents best choices for justices

Johnson's restraint would benefit high court

Sunday, October 15, 2006 — Two of this year's three races for state Supreme Court justice were decided in the primary. In the one remaining, one-term incumbent Susan Owens is challenged by three-term Republican state Sen. Stephen Johnson.

Both are qualified. Owens came to the court six years ago after 19 years as a District Court judge in Clallam County, and is endorsed by a long list of current and retired judges, as well as most high-ranking Democrats. Johnson, the ranking minority member of the Senate Judiciary Committee, is respected on both sides of the political aisle. He is supported by traditionally conservate interests - the Building Industry Association of Washington is one of his chief contributors - but also has been endorsed by two leading Democrats: Lt. Gov. Brad Owen and state Auditor Brian Sonntag.

Johnson is our choice, based on his strong belief in judicial restraint. We think the current court leans too far in the direction of judicial activism, and that the addition of Johnson would bring a better balance. Johnson's strong advocacy of open government and open public records is another major point in his favor.

We also consider Johnson's legislative experience a plus. A justice who has been on the side of making law is in a good position to interpret legislative intent. On the Judiciary Committee, he has been closely involved in "fixing" laws that were struck down by the court, reworking parts that were ruled unconstitutional.

The King County Bar Association rated Johnson a notch above Owens, "well qualified" vs. "qualified." That speaks to any concerns about integrity, knowledge or temperament.

The court won't be a lesser body if the capable Owens is re-elected. But we think it will be better with Johnson.

Bui better of two fine candidates for judge

Sunday, October 15, 2006 — Few voters, we suspect, are as confident picking judges as they are, say, candidates for Congress. Politicians' policy positions are fairly easy to weigh, as is their background. Judicial candidates aren't as easy to evaluate, particularly at the trial-court level, given that their work doesn't get a lot of publicity. Choosing the right candidate can be a real head-scratcher.

In this year's contest for an open seat on the Everett District Court, fortunately, voters can't go wrong. The two candidates who emerged from the five-way primary race, Tam Bui and Lorrie Towers, both have impressive resumes, pertinent experience and the temperament and energy required to run a very busy courtroom with fairness and efficiency. The winner will replace longtime Judge Thomas Kelly, who is retiring.

In a very close call, our endorsement goes to Bui, based on her broad legal background.

District Court is a county court of limited jurisdiction, a step below Superior Court. Its work includes misdemeanor criminal cases, criminal traffic cases (driving under the influence, driving with a suspended license, etc.), issuing domestic violence protection orders and conducting preliminary hearings in some felony cases. It also handles civil claims of up to $50,000, small claims of up to $4,000, and issues such as landlord-tenant disputes.

Court calendars are packed - cases roll by like they're on a conveyor belt. Judges must strike a delicate but consistent balance between staying on schedule and ensuring all sides are heard.

Bui and Towers are both familiar with the pace. Bui's experience as a substitute judge in Everett District Court, as well as arguing cases there as an attorney, are obvious strengths. Towers also has pertinent background. She's a private-practice attorney who works on contract as a prosecutor and substitute judge for several Snohomish County cities. She knows the ins and outs of Everett District Court, having prosecuted cases there for the past eight years.

Currently, Bui also works as an administrative-law judge, hearing large numbers of cases each week on matters such as disputed rulings by state agencies. In many such cases, litigants aren't represented by attorneys, requiring Bui to zero in on the legal issues at hand and explain them clearly. That experience would serve her well in the busy District Court.

Bui's personal background as an immigrant is inspiring. Her passion for the rule of law, which was sorely lacking in the Vietnam she and her family fled when she was a child, is infectious. She says she has had many positive role models to follow in her life, and wants to become one herself.

We'd like to see her have that chance as a district court judge.

Chambers, Alexander should remain on

Friday, September 1, 2006 — Two of this year's three state Supreme Court races will definitely be decided in the Sept. 19 primary. Under state law, a judicial candidate who receives more than 50 percent of the vote in the primary advances to the general election ballot without opposition. So in the pair of races with just two candidates, the primary is the final.

In those contests, we recommend voters retain the incumbents, Gerry Alexander and Tom Chambers.

Chambers, who is running for his second six-year term on the state's highest court, is an easy choice. He is a thoughtful, open-minded and lucid jurist with a helpful talent for explaining legal points in language non-lawyers can understand. He uses it to write opinions with a particular audience in mind - law enforcement officers, for example, in criminal cases where police procedures are at issue.

He is a former president of the Washington State Bar Association, and has long been active in a variety of public-service organizations. He is an ardent student of constitutional history, and speaks passionately about the importance of an independent judiciary that's committed to protecting individual rights.

Chambers is challenged by former King County Superior Court Judge Jeanette Burrage, who worked in the Snohomish County Prosecutor's Office under former Prosecutor Jim Krider. She describes herself as a strict constructionist who would interpret the law rather than making it, terminology that in recent years has become a popular sound bite among conservatives. She has been a controversial figure in the past, having been rated "not qualified" by the King County Bar Association, a move she believes is politically motivated.

Regardless, Chambers is by far the more impressive candidate. He has established a judicial record of intelligence, restraint and fairness, one he can build on further in a second term.

The race between Chief Justice Gerry Alexander and challenger John Groen is a closer call. Alexander's experience is unparalleled - he has been on the high court since 1995, and is the only current justice who also served on the Court of Appeals and Superior Court benches. He is a sharp, even-tempered leader on the court, and a judge with a reputation for sound reasoning and fairness.

Groen, however, is also impressive. As a prominent land-use attorney, he has argued often before the court he seeks to join. He is extremely bright and well-spoken - even Alexander complimented his legal skills.

Groen is supported by the building industry, which has poured an substantial amount of money into his campaign. His expertise in the area of personal property rights and eloquent emphasis on the protection of individual rights would make him a forceful addition to the court.

It is striking, though, that even with the strong backing of builders, Groen didn't get the endorsement of the Association of Washington Business, which is supporting Alexander. Its endorsement describes just the kind of justice citizens deserve on the high court: "Although we've disagreed with him occasionally on the law, his record showed us that Chief Justice Alexander is a fair and impartial jurist who does not come to the bench with an agenda. We believe we can get a fair shake in front of him and that is the hallmark of a good judge."

It should be noted that if he wins, the 70-year-old Alexander will have to step down with one year left in his term because of the state's mandatory retirement law for judges. That means that the governor, whoever it is five years from now, would appoint a replacement who would have to stand for election the following year. That's a less-than-ideal situation, but if we can keep Alexander's experience and wisdom on the court for another five years, we can live with it.

Voters can find objective information on judicial candidates at an impressive, non-partisan Web site, www.votingforjudges.org.

VotingforJudges.org, P.O. Box 1460, Silverdale, WA  98383
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