Our View: Geographical justice
For the first time in seven years, Washington state’s second largest city can claim one of nine seats on the state’s Supreme Court. Forgive the parochial tone, but it’s about time.
Spokane’s – or even Eastern Washington’s – perspective has been a shrinking commodity on the state’s highest court for years. It disappeared entirely in 2002 when Justice Richard Guy stepped down.
Does it matter? It does.
Properly interpreting the law and the Constitution requires that a variety of philosophical shadings be in play – which is why majority opinions are often accompanied by dissents. Reasonable outcomes demand that the cultural experiences and understandings from all parts of the state be represented among the legal minds in the Temple of Justice.
On Tuesday, Gov. Chris Gregoire rectified the situation, somewhat, by appointing Appeals Court Judge Debra Stephens, a Spokane native, to fill the vacancy left on the Supreme Court by the departure of Justice Bobbe Bridge.
After enumerating Stephens’ considerable qualifications, Gregoire, declared her personal satisfaction in appointing someone from Eastern Washington. That action, she said, lets people of the state know “we are one Washington.”
Maybe so. But we trust the governor isn’t going to stop looking east of the Cascades for future Supreme Court appointments just because one spot has been filled. That would smack of tokenism, which would be unfair to both Stephens and this side of the state.
It didn’t hurt Stephens’ cause that she was an early and eager supporter of Gregoire’s gubernatorial candidacy. But political sympathy wouldn’t have taken her very far without exceptional legal credentials.
Stephens is a successful and seasoned appellate lawyer, having argued more than 100 cases before the court she’s about to join, as well as the U.S. Supreme Court. She’s been on the adjunct faculty at Gonzaga’s law school – hers and Gregoire’s alma mater – and helped develop some of its curriculum.
And since last spring, she’s been a member of Division III of the state Court of Appeals, also thanks to an appointment by Gregoire. Early in her tenure there, she wrote an opinion firmly upholding the force of Washington’s Public Disclosure Act, a decision that encourages those of us who believe open government is accountable government.
Outside the courtroom, Stephens has shown her civic responsibility at the service club, church and school board levels – all of which round out the real-life personal experience that will serve her on the court just as her geographical ties do.
Ultimately, a Supreme Court justice’s legal expertise counts more than his or her ZIP code, and it will be up to the voters to assess Debra Stephens’ performance when she stands for election. For now, Spokane should be pleased that Gregoire has added a measure of balance to the Supreme Court’s makeup. And the governor should see this appointment as a beginning, not a finality.