Tri-City Herald

Endorsements

Wiggins and Johnson for state Supreme Court

Thursday, July 29, 2010 — Primary ballots for Benton and Franklin counties should be in your mailbox today. Since the Supreme Court races will be decided in the primary election, if any candidate gets more than 50 percent of the vote, we're recommending now in these two races.

Position 6

Experience counts for a lot in judicial races.

All other things being equal, years on the job usually trump an untested challenger.

But state Supreme Court Justice Richard Sanders has made some unpopular decisions that have made him vulnerable this election.

Ready to take advantage of that are challengers Charlie Wiggins, a go-getter attorney from Bainbridge Island, and Bryan Chushcoff, a thoughtful Pierce County Superior Court judge.

Of the three, Wiggins gets our nod for the Aug. 17 primary election.

Sanders has been on the Supreme Court bench for 15 years and has written more opinions during his time on the court than any other member. A libertarian, he has a reputation for being an independent thinker and often holds a dissenting view. That's not a bad thing. It can be comforting to know there is someone on the court challenging the majority and keeping them on their toes.

But Sanders' convictions once led him to decide an attorney convicted of sexually molesting an 11-year-old boy should be suspended, while his fellow justices wanted the lawyer disbarred. Sanders said he simply was following the rules set out by the American Bar Association even though his fellow judges felt it was justified to go outside them. It's this kind of maverick attitude that has hurt Sanders in this election.

It also sends up a flare when his endorsements in the judicial community cannot rival those of his challenger, Wiggins.

Wiggins has the support of 30 prosecuting attorneys (there are only 39 counties in the Washington) as well as endorsements from U.S. attorneys, deputy prosecuting attorneys and judges from around the state.

Chushcoff comes across as a sharp, meditative candidate who likely would make a fine Supreme Court judge. What he seems to lack is the energy Wiggins brings to the campaign.

While Justice Sanders has offered an important voice on the Supreme Court for many years, a large number of people involved in the state's court system believe it's time for someone new. That sways us.

For state Supreme Court Position 6, we recommend Charlie Wiggins.

Position 1

The Supreme Court race for Position 1 is more straightforward.

Justice Jim Johnson has been a judge on the Supreme Court for six years and is known for his analytical approach. He is a staunch supporter of individual rights, especially when it comes to property disputes. He has the support of law enforcement officers and four of the other State Supreme Court justices. He also has the endorsement of State Attorney General Rob McKenna.

His challenger, Stan Rumbaugh, is a highly respected, hard-working attorney who is very involved in the Tacoma community. He says Johnson is in too tight with certain special interest groups, such as the insurance industry, and questions his ability to judge cases fairly that involve those special interests.

We disagree. Johnson is able to justify his decisions based on the state constitution and his judicial beliefs.

When Johnson first ran for the state Supreme Court, he had no judicial experience -- just like Rumbaugh.

Now, however, he has that experience and that's where he has the edge.

For the State Supreme Court Position 1, we recommend Jim Johnson.

District Court judge: Kathren, Burrowes

District Court races are among the toughest for voters to decide, and some of the most important. The winners hear hundreds of cases affecting the lives of ordinary citizens.

We're offering our recommendations today, but the best advice is to get all of the information you can. Talk to your friends, visit the websites, watch the candidates on TV -- and read the Herald's recommendation, of course.

Kathren vs. Ekstrom

It's unusual to have an open seat on the bench because once judges are elected, they tend to stay in that job for many years -- often without a challenger.

With Judge Holly Hollenbeck's retirement, two candidates have stepped forward for the vacant Benton County District Court seat. Both are qualified. The decision will be difficult.

Our interview, research and deliberations have led us to recommend Dan Kathren.

Both candidates have spent plenty of time in the courtroom, although we think the edge goes to Kathren because he has been a judge pro tem for the past 10 years. His opponent's experience has been mostly as an attorney and most recently as an assistant U.S. district attorney.

Both candidates have strong endorsements, but the edge here goes to Ekstrom. He has more votes of confidence from the legal community, although Kathren has solid supporters as well.

Another thing we liked about Kathren is his list of specific ideas for increasing the efficiencies of the court system.

It was a close call for us, but the deciding factor is Kathren's community service. He is busy in the community and has been for many years.

He serves on several boards and not the high-profile, low-workload boards that can pad a resume. These are boards like Meals on Wheels and the Substance Abuse Coalition.

Here is a man who has proved himself as a community servant.

A judge needs to be legally competent and have a sound understanding of the court system. He or she should be fair and compassionate.

As a bonus, Kathren is a leader in the community.

The Herald editorial board recommends Dan Kathren for District Court Judge, Position 3.

Burrowes vs. Petersen

We sensed some animosity between Joe Burrowes and Dave Petersen during their meeting with the Herald's editorial board.

Maybe it was just the normal tension that's present whenever two competitors for the same elected position face off.

Whatever it was, we didn't share it. Rather, we found both men to possess the training and temperament required to be an effective District Court judge.

Petersen has more than 10 years experience as a judge pro tem in district and municipal court. He was a deputy prosecutor for two years before going into private practice.

We were also impressed by his record of community service. Petersen's efforts to help provide legal services to low-income people, for example, earned him the Benton Franklin Legal Aid Society's Al Yencopal Award.

But Petersen's fine qualities don't make a convincing argument for unseating Burrowes.

Burrowes spent two years as a court commissioner before being appointed District Court judge in 2009. In all, he has spent 24 years in the legal system, including stints in law enforcement, the prosecutor's office and as a defense attorney.

Experience isn't everything, but in this race it turned out to be the deciding factor for the editorial board.

Burrowes has a reputation for delivering justice with a measure of compassion. His style is a good fit for District Court, where so many defendants are traffic offenders getting their first exposure to our judicial system.

We're especially impressed by the number of judicial officials endorsing Burrowes. From state Supreme Court justices down to municipal court commissioners, the list of endorsements from sitting judges would fill a page.

We share their trust in Burrowes' ability to handle this important job.

The Herald editorial board recommends Joe Burrowes for District Court Judge, Position 4.

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