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Spokane, Washington  Est. May 19, 1883

Opinion

Good judgment

The Spokesman-Review

The following commentary is excerpted from an editorial that appeared Tuesday in The Olympian in Olympia. It does not necessarily reflect the opinions of The Spokesman-Review’s editorial board.

Supreme Court Chief Justice Gerry Alexander has rejected a petition that would have thrown yet another monkey wrench into the Sept. 14 primary election.

As it is, voters are in for a real surprise when they go to the polls on election day or open the election envelopes that arrive in their mailboxes. For the first time in more than 70 years, Washington voters will have to select a political party ballot and vote only that ballot. Gone are the days when voters could switch back and forth between Democrat, Republican or minor party candidates. Primary voters must take a party ballot and vote a party ticket.

That’s going to be confusing enough without the chaos sought by Seattle attorney David Larson. He petitioned the state Supreme Court to put Superior Court races on the November ballot, rather than the September ballot. His request came when county auditors had already begun printing the Sept. 14 ballots.

Larson has a good point, but the judicial relief he sought was unreasonable. His issue is better handled by state lawmakers.

Larson is one of two candidates running for a vacant seat on the King County Superior Court bench. As such, he is caught up in an irrational constitutional provision unwisely approved by voters in 1966. That constitutional amendment says that whenever a judicial candidate gets more than 50 percent of the vote in the primary election, the candidate wins. The successful candidate is issued a certificate of election after the primary, and the candidate’s name doesn’t even appear on the general election ballot in November.

It’s a sweetheart election deal for judges. Judges who win the primary are guaranteed election and don’t even have to stand before voters in November. Most other candidates are not treated in the same fashion.

Justice Alexander was right to reject Larson’s petition. The chief justice said, “Mr. Larson has not identified any error or prospective error in the method by which the Secretary of State and county election officials intend to conduct the election of superior court judges.”

Alexander said all voters are eligible to vote on judicial races in the primary, so there is no need to shift the election to November.

The chief justice said county election officials are simply following the state constitution and long held election practices, so there are no legal grounds for the court to order a change in the way judges are elected.

Larson’s underlying issue, the manner in which judges are elected, is a good one – one for state legislators to take up. It’s time to end the sweetheart deal for judicial candidates in this state. It’s time to treat them the same as other candidates running for other public offices