All but one of the slate of five Washington state Supreme Court candidates backed by Democratic leaders led their races handily after the initial vote count Tuesday night in an election that will transform the court.
Two recent appointees of Gov. Bob Ferguson, a new face to the high court and its chief justice all were ahead, with more votes to count in the coming days.
Their four opponents were backed by the state Republican Party.
The one Republican-backed candidate having some success is King County Superior Court Judge Sean O’Donnell, who leads the tightest race of the bunch over Democrat-endorsed appeals court Judge Ian Birk by 2 percentage points. This was the most closely watched of the five races.
These races garnered more attention this year for several reasons. Four justices are leaving the court, creating a rare opportunity to change its makeup. Conservatives have been unhappy with its decisions in recent years.
The high-earners income tax, which voters are deciding on in this election via Initiative 645, is sure to land before the court, setting the stage for a decision on its constitutionality and whether to overturn nearly century-old precedent.
The court decides on appeals from lower courts on both civil and criminal matters. It also guides the work of lower courts. For example, the justices last year slashed caseload limits for the state’s overstretched public defender workforce.
Combined, the 10 candidates raised well over $3 million, far more than these sleepy campaigns usually draw. Millions more were spent by outside groups vying for their favored candidates.
Public sector unions like the Washington Federation of State Employees, Washington Education Association and Service Employees International Union 775 backed a group called Beware the Attack on Our Courts, which supported candidates seen as left leaning.
The business-funded Concerned Taxpayers of Washington State and Citizens for Working Courts spent money on behalf of the more conservative slate of Supreme Court hopefuls.
The issue of justices arriving to the court via gubernatorial appointment as others retire early frustrates Republicans, who feel voters aren’t getting a fair shot to choose as the appointees arrive on the ballot as incumbents.
Over 2 million ballots have been counted so far. The next tally is expected late Wednesday afternoon.
The results
In the most expensive race on the state Supreme Court slate, O’Donnell holds a 50.9% to 48.7% lead over Birk. The margin amounts to 36,500 votes.
Partisanship is uncommon in judicial campaigns. That wasn’t the case in this race, as Birk drew a lot of fire for calling O’Donnell, who has support from the state GOP but hasn’t drawn attention to it, a closet Republican. O’Donnell notes he has support from both sides of the political spectrum, including U.S. Rep. Adam Smith, state Public Lands Commissioner Dave Upthegrove and former Govs. Christine Gregoire and Gary Locke.
Ferguson and Brown endorsed Birk.
Birk and O’Donnell raised more money for their campaigns than any other Supreme Court candidate this year. Birk brought in $625,000, while O’Donnell’s war chest totaled $573,000.
The winner will replace Justice Charles Johnson, who is retiring due to the state constitutional requirement to step away at age 75.
Justice Colleen Melody, who joined the court this year upon Gov. Bob Ferguson’s appointment, leads tax attorney Scott Edwards comfortably by a vote of 60% to 39.8%.
Before joining the court, Melody, who had no prior judicial experience, led the state attorney general’s Civil Rights Division under Ferguson and Nick Brown. Edwards, who has led unsuccessful legal efforts to defeat progressive taxes, promised to be an independent voice who would restore trust in the Supreme Court, while Melody vowed a focus on the swath of issues the court oversees outside of deciding appeals, like court system accessibility.
The winner of this race will serve the final two years of retired Supreme Court Justice Mary Yu’s term. Normal terms are six years.
In the race for Position 3, King County Superior Court Judge Jaime Hawk is ahead of Mason County Superior Court Judge David Stevens 57.7% to 41.9%.
Hawk, a former attorney for the American Civil Liberties Union, boasts endorsements from Ferguson and Brown, the attorney general, while Stevens is backed by the state Republican Party.
The winner of the race will replace Justice Raquel Montoya-Lewis, the first Native American elected statewide. She is retiring from the court.
Like Melody, new Justice Theo Angelis is ahead in his election bid after being appointed this year by Ferguson. Angelis leads retired Federal Way Municipal Court Judge Dave Larson, another Republican-backed candidate, 55.4% to 44.3%.
Angelis, with no prior judicial experience joined the court earlier this year to replace longtime Justice Barbara Madsen. He came from the firm K&L Gates, where he once worked with Ferguson.
Larson has run for Supreme Court several times, and came very close to winning in 2024.
The winner will serve two years before needing to be on the ballot again.
In the final race on the ballot, Chief Justice Debra Stephens is well ahead of attorney and veteran Todd Bloom. Stephens has 63.8% to Bloom’s 36%, the widest margin of the bunch.
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