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Washington Supreme Court Race on Pace to Be Among Costliest

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Washington State Supreme Court Temple of Justice Olympia (Cacophony)

Photo: Cacophony / CC BY-SA 3.0, via Wikimedia Commons (cropped)

A race for Position 4 on the Washington Supreme Court is shaping up as one of the most expensive in state history, according to The Seattle Times. Two sitting judges, Ian Birk and Sean O’Donnell, have raised just over $1 million combined.

A race for the Washington Supreme Court is shaping up to be one of the most expensive in state history, according to The Seattle Times. Candidates Ian Birk and Sean O’Donnell have raised just over $1 million combined for Position 4.

Birk, a Court of Appeals judge, has raised about $578,000. O’Donnell, a King County Superior Court judge, has raised about $499,000. Five of the court’s nine seats are on the ballot this year.

Illustration: A wooden gavel resting on a stack of ballots beside a small pile of coins, set against a courthouse-style marble column.
Illustration: Keystone Daily (AI-generated). Conceptual image; it does not depict real people or events. How we use AI.

Judicial races in Washington are nonpartisan, but the report says political interests are playing a role. It said the state has not seen the tens of millions in outside money that Wisconsin saw last year.

A fight over partisanship

Back in September, Birk’s campaign sent an email to voters claiming that O’Donnell was pursuing a “partisan agenda.” The report noted that the Washington GOP had recommended O’Donnell, though O’Donnell said he had not asked for an endorsement.

O’Donnell gathered signatures from 62 judges on a letter rebuking Birk for “partisan attacks.” Birk called his campaign’s statements “pretty ordinary campaigning” and pointed to O’Donnell’s own criticism of Birk’s past donations to progressive politicians.

“When you become a judge, you hang up your partisan ties and affiliations.” – Ian Birk

Endorsements

Several local unions, along with Gov. Bob Ferguson and Attorney General Nick Brown, have given their support to Birk. O’Donnell has won endorsements from U.S. Rep. Adam Smith, former Gov. Christine Gregoire and a number of law enforcement unions.

An outside view

Retired University of Washington law professor Hugh Spitzer told the paper the two are alike. “They’re just not that different,” he said.

Both candidates declined to speak at length on the income tax that is likely to reach the court. Voters are set to weigh Initiative 645, which would repeal it, the report said.

What it means for you

  • Five of the nine Washington Supreme Court seats are on the ballot this year, a rare amount of turnover on the state’s highest court.
  • Both candidates expect the court to see cases on housing, civil legal aid costs, artificial intelligence and the shortage of criminal attorneys.
  • Voters are set to decide Initiative 645, which would repeal the state’s new income tax, a tax that is likely to come before the court.
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