Tri-City Herald

Endorsements

State Supreme Court endorsement: Mary Fairhurst

Thursday, July 31, 2008 — The contest for Position 3 on the Washington Supreme Court is not your usual mixture of bland generalities and quaint demurrers.

With more clarity than is customary when judicial candidates debate, Mercer Island attorney Michael Bond and sitting Justice Mary Fairhurst talked specifics about the basics during a recent meeting with the Herald's editorial board.

The majority of the board recommends Fairhurst, although the entire board agrees Bond would add a scholarly and forceful dynamic to the court.

Fairhurst has been a sitting justice for six years. In 2002 she defeated Jim Johnson (whom the Herald had recommended, and who was elected two years later) -- when she was a senior assistant state attorney general.

This time she has numerous endorsements, great reviews from bar associations and $10 in campaign funds to every $1 Bond has on hand.

She voted with the 5-4 majority on a handful of cases that Bond brings up for criticism.

Of most interest to this editorial board, perhaps, was the ruling that allowed the Spokane School District to keep from the public information its investigators discovered in the death of an allergic child who ate a peanut butter cookie on a school field trip.

The court decided last year that the district was justified in keeping secret certain documents from its own investigation into the death.

This editorial board disagreed with the court's decision when it was issued and now that we've had time to reconsider, we feel the same way.

In our minds, Fairhurst has not been a friend of open records -- and four of the sitting justices seem to agree with us.

In Fairhurst's defense she blames the Legislature. She says the Supreme Court interprets the laws, it doesn't make them, and when there's a problem with the law it's up to the Legislature to make the appropriate fixes.

That's a reasonable, if not convincing, defense of the opinions we've questioned.

In the past six years, Justice Fairhurst has heard about 680 cases. Her approach is normally thoughtful and deliberative, good qualities in a judicial candidate.

Her opponent takes issue with several of her decisions; we take issue with a few.

It's not enough to sway our recommendation.

The Tri-City Herald recommends voting Mary Fairhurst for Supreme Court Position 3.

Superior Court: Vic VanderSchoor

Thursday, July 31, 2008 — The race between Superior Court Judge Vic VanderSchoor and challenger Bob Thompson comes down to choosing between thoughtful experience and new energy.

We believe experience counts for more.

While Thompson would bring a newcomer's zeal to the job, VanderSchoor's nearly 12 years on the Superior Court bench makes him the stronger candidate.

Thompson is a fine attorney and has a long track record of public service. He has been a member of the Richland City Council for 14 years and was mayor for two terms.

He says his work and community involvement have helped him hone his ability to be fair, impartial and a good listener -- all traits needed for a judge.

Thompson also says he is a decisive person by nature, which would help him give prompt and sound decisions in court.

However, Thompson doesn't offer any criticism of VanderSchoor that would convince us the judge ought to be replaced. He's even said VanderSchoor is a "fine jurist."

Thompson does say the work ethic of the Benton-Franklin Superior Court judges isn't what it once was but that's not a convincing argument for tossing the incumbent.

VanderSchoor respectfully disagrees with that assessment. He notes the numerous judicial committee assignments he and his fellow judges have in addition to hearing court cases in both counties.

VanderSchoor has by far more assignments than any of his colleagues.

He also has a reputation for being a fair and patient judge. We see no reason to replace him.

The learning curve for a new judge is extensive. Thompson likely would be up to the task, but why make a change when there already is someone who knows what he's doing, and is doing it well?

The Tri-City Herald recommends voting Vic VanderSchoor for Benton-Franklin Superior Court judge.

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