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The Olympian

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Keep Owens on high court

Friday, October 13, 2006Voters should select Supreme Court Justice Susan J. Owens over state Sen. Stephen Johnson when they cast ballots for the Nov. 7 general election.

Owens' 25 years of judicial experience, including the past six years on the state's highest court, make her the far superior candidate. Sen. Johnson's legal experience is centered mostly on real estate, business, estate and escrow law. He has minimal trial experience.

Johnson, a Republican from Kent, has served in the Senate for the past dozen years. He is perhaps best known for his efforts in support of charter schools, which voters have rejected twice in recent years.

Johnson's voting record shows him to be a conservative ideologue. In recent years he has voted to restrict partial-birth abortions, voted in support of a bill requiring parental notification for minors seeking an abortion, voted in support of President Bush's efforts to privatize Social Security and voted against giving gays and lesbians equal protection under the state's Human Rights Commission. That conservative viewpoint is already well represented on the state Supreme Court.

Sen. Johnson did support a shield bill in the state Legislature that would protect reporters from disclosing their confidential sources, and his assistance there was appreciated by this newspaper.

Johnson says his judicial philosophy is that of personal rights over government intrusion. He says the underlying premise in the state constitution is to protect the people from the excesses of government. He also said he would be an advocate for open government.

What Johnson is asking of voters is to replace a veteran of the court with an untested newcomer who would serve only a single six-year term.

That doesn't make sense.

At 66 years of age, Johnson said he would only serve one term. The court's mandatory retirement age of 75 would force him to leave midway through a second term, so he would limit himself to the one six-year term, Johnson said. In terms of legal experience - at the trial court level - Sen. Johnson simply can't measure up to Justice Owens.

It's true that the King County Bar Association has ranked Johnson "well qualified" and Owens one step lower at "qualified." But that's intellectual snobbism. Seattle lawyers look down their nose at Owens because she was merely a District Court judge on the Olympic peninsula.

The Olympian's editorial board believes that experience dealing with real people with real issues at the court closest to the people helped set a moral tone for a small community. That experience serves her well, as does her years as a tribal court judge - the first in state history, according to one court historian.

Owens, 57, doesn't put on airs. Some mistake her succinctness for a lack of ability. But Chief Justice Gerry Alexander thinks enough of his colleague to appoint her as chair of the state's judicial education committee and the committee governing court interpreters.

The editorial board has not always agreed with Justice Owen's decisions. She was wrong, for example, on an important case allowing government agents to hide behind "attorney/client" privilege to keep records out of the hands of the public.

But when it comes to trial court experience, Owens runs circles around her opponent. That's why voters should re-elect Justice Susan Owens to the state Supreme Court on Nov. 7.


Hirsch will be better judge

Monday, October 23, 2006 — Voters in the September primary nearly gave Thurston County Superior Court candidate Anne Hirsch sufficient votes to win a new seat on the bench outright.

In the end, Hirsch, 49, finished with a surprising 49.66 percent of the vote in a four-person race. Voters are on the right track and should elect Hirsch as this county's eighth Superior Court judge Nov. 7.

Thurston County residents are extremely fortunate to have two well-qualified candidates running for the open seat created by county commissioners earlier this year in response to a mounting court caseload.

Hirsch has drawn a familiar opponent - Jim Powers, senior deputy prosecuting attorney for Thurston County. Powers, 56, ran for a vacant seat on the bench two years ago but was unsuccessful in that attempt.

In all likelihood, Powers will be unsuccessful again next month. He recognizes that Hirsch came out of the primary election with a huge - perhaps insurmountable - lead. While he's still campaigning, it's apparent that a lot of wind has gone out of his sails, and he has fallen woefully short of Hirsch in raising funds for the race.

That said, Powers has a lot to offer voters.

First, and foremost, is his trial experience. Hirsch cannot match Powers' 23 years of trial experience or his experience at the appellate level and in taking cases before the state Supreme Court.

Powers holds a law degree from the University of Washington and a doctorate in political science from Washington State University. He has handled a number of high-profile cases for the county, including the sentencing of double murderer Mitchell Rupe.

Powers is well respected by his peers. He was the top vote-getter in a Thurston County Bar Association's judicial preference poll two years ago, and was the top vote-getter again earlier this year when attorneys rated the four candidates for this open seat.

He led the effort to create Providence St. Peter Hospital's Sexual Assault Clinic and has demonstrated leadership in the areas of domestic violence prevention, gang enforcement and the creation of the county's successful drug court program.

Just like two years ago, where Powers falls short is in the area of judicial experience.

Hirsch has 14 years as a court commissioner in family and juvenile court. Granted, a commissioner is not the same thing as an elected judge, but appointed commissioners act in a similar capacity - conducting hearings, ruling on evidence, judging the credibility of witnesses and making decisions. That judicial experience will serve Hirsch well as the county's next Superior Court judge.

Hirsch also brings a broader legal background to the bench. Armed with a law degree from the University of Puget Sound, Hirsch has served as staff attorney at the Puget Sound Legal Assistance Foundation, where she helped low-income clients with a variety of legal issues. She also has private practice experience with a focus on family and elder law, mediation and guardianships. Her community activities - from president of the Lincoln Elementary Options site council to membership on the Friends of the Olympia Farmers Market board - give her the well-rounded credentials voters should be looking for in their next judge.

Elect Anne Hirsch on Nov. 7.


Incumbents best choices for justices

Friday, September 1, 2006 — Two of the three Supreme Court races on this fall's ballots will be decided in the Sept. 19 primary election. The third, a five-person race, likely will be decided in the Nov. 7 general election.

For the primary, The Olympian's editorial board endorses Justice Tom Chambers over challenger Jeanette Burrage and Chief Justice Gerry Alexander over challenger John Groen.

All judicial races are non-partisan. They are included on the Democrat and Republican ballots that Thurston County residents will receive in the mail this week.

Chambers vs. Burrage

This race is an easy call. Chambers is by far the superior candidate. He has distinguished himself in his first term and merits re-election.

Burrage has been rejected by voters more often than she has been elected. She's become a perennial candidate, having lost multiple races for the state Legislature, Superior Court, Court of Appeals and Supreme Court. To her credit she had brief stints as a member of the Des Moines City Council and as a Superior Court judge. But even then her service was marred by controversy.

Burrage blundered badly when she arbitrarily issued an order that pantsuits would no longer be acceptable attire for female attorneys appearing before her. The response was quick and contemptuous. Burrage quickly backed off her silly order but not before earning the enmity of several women's groups.

Burrage believes the constitution should be interpreted strictly and sees herself as a strong advocate for individual rights. Burrage, who is an attorney in private practice, has never argued a case before the state's high court. Her "unqualified" rating by the bi-partisan Constitutional Law PAC is well deserved.

Chambers, by contrast, is thoughtful, well-reasoned and scholarly. His "well qualified" ranking is well earned. He sees himself as a strong advocate for individual and property rights. He has also been an advocate for open government and easy access to public records.

Chambers is absolutely right when he says, "Openness breeds confidence. Secrets breed suspicion."

Voters should return Tom Chambers to the Supreme Court on Sept. 19

Alexander vs. Groen

The race between Chief Justice Gerry Alexander and attorney John Groen is not even a close call. Voters who care about a fair and independent judiciary, those who value judicial experience and sound judicial temperament will vote for Alexander.

There are good reasons for voters to question Groen's character. The Legislature put a $1,400-per-election cap on individual donations to judicial candidates effective the first week of June. Groen took $100,000 in contributions from construction industry interests in the days prior to the campaign limit law going into effect. Alexander is absolutely right when he says, "I think (Groen) should have abided by the spirit of the campaign contribution legislation."

Accepting individual checks of $25,000 raises serious questions about a candidate's independence. The construction industry has invested heavily in Groen's campaign and voters have to ask themselves what the industry will expect in return.

Groen is an attorney in private practice. He has argued numerous cases before the state Supreme Court, but has no judicial experience. Alexander has 33 years judicial experience on courts at three levels.

Groen claims that the Supreme Court is legislating from the bench.

That's an oversimplification. Each of the nine judges thoroughly analyzes each case, Their collective role is to serve as a check and balance to the executive and legislative branches. Under Alexander's term as the longest-serving chief justice in state history, the state Supreme Court has been an effective third branch of government.

Alexander has been an advocate for open government. A rule adopted under his leadership ensures that court records available at the courthouse are available electronically, too. Another rule will see far fewer cases sealed from public inspection.

That's not to say we have agreed with every one of Alexander's decision. We have not. But voters can take comfort in the knowledge that he brings a great deal of thought and analysis - and independence - to every judicial decision. Re-elect Chief Justice Gerry Alexander on Sept. 19.

See also: September 15 Editorial


 
 

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