Supreme Court Series James M. Dolliver An Oral History Washington State Supreme Court Washington State Oral History Program Office of the Secretary of State Supreme Court Series James M. Dolliver An Oral History Interviewed by Norman H. Clark and Susan McKeehan Washington State Supreme Court Washington State Oral History Program Office of the Secretary of State Copyright 1999 Washington State Oral History Program All rights Reserved First edition 1999 ISBN 1-889320-11-0 Library of Congress Subject Headings 1. Dolliver, James M., 1924-present 2. Legislators—Washington—biography 3. Washington—politics and government Washington State Oral History Program Office of Secretary of State Legislative Building PO Box 40243 Olympia, WA 98504-0243 Telephone: (360) 902-4158 CONTENTS Forewords Gerry L. Alexander Ralph Munro Preface Acknowledgements Introduction Norman H. Clark and Susan McKeehan Biographical Highlights Interviews 1. From Fort Dodge to Port Angeles ................................. 1 2. Manager, Administrator, Political Strategist ............. 22 3. Justice Dolliver: A Judicial Profile ............................ 59 4. Summations ..................................................................... 87 Barbara Dolliver, Daniel J. Evans, and James M. Dolliver Appendices A. “The Winter of our Discontent” An address by Daniel Evans to the Republican State Central Committee, Port Angeles, September 10, 1965 B. Washington State Supreme Court Decisions State of Washington v. James LeRoy Brett Gardner v. Loomis Armored, Inc. C. “The Mind of the Founders: An Assessment of the Washington Constitution of 1889” An address by James M. Dolliver, Spring 1986 Pettyjohn Distinguished Lecturer at Washington State University D. Letters of Tribute E. Poems by Barbara Dolliver F. Photographs and News Clippings Index FOREWORD When I was elected to the state Supreme Court in November 1994, I eagerly looked forward to the opportunity of serving on the court. In particular, I looked forward to serving with my old friends, Justices Robert Utter and James Dolliver. They were then the senior members of the court, and I had known and admired each of them for many years. Unfortunately for me, Bob Utter retired just a few months after I came on the court. Jim Dolliver, though, stayed on and I had the distinct honor of serving with him during the last four years of his brilliant 23-year career on the Supreme Court. My first recollections of Jim Dolliver roughly coincided with the beginning of my law practice in Olympia. It was 1964 and I had just graduated from law school and returned to my hometown to enter the practice. In the fall of that year, Daniel J. Evans was elected governor, and when he began his administration in January of 1965 he named James Dolliver as his number one assistant. Jim quickly developed a reputation in Olympia and elsewhere as the brilliant “assistant governor” whose energy and efficiency was the stuff of legends. Jim, unlike many who come to Olympia with state government, quickly became a part of the community. Over the years he and his wife, Barbara, have lent their time and talent to a multitude of community organizations, all of which are the better for it. In about 1970, the Alexanders and Dollivers became neighbors on Olympia’s West Side and our families got to know each other on a personal level. Indeed, there was a time when it was almost an everyday occurrence for a Dolliver child to be found playing in our yard or basement or vice versa. Jim’s neighborliness was best exemplified by his willingness to umpire some of my son’s little league baseball games, without a doubt the toughest judging chore there is. When Jim was appointed to the Supreme Court in 1976 by Governor Evans he promptly developed a reputation as an outstanding jurist and overcame the concerns expressed by a handful of detractors that his experience as a private practitioner was too sparse. He also showed that he was an effective campaigner, surviving a strong election challenge shortly after his appointment. In succeeding years his fine reputation as a jurist grew, as did his fame as a public speaker. Jim was particularly noted for his booming speaking voice and on the stump he FOREWORD could give an effective speech on almost any subject. His colleague and friend, Justice Utter, a fine speaker in his own right, once commented that a group he spoke to on an annual basis never invited him back after Jim covered for him by speaking to the group one year. During the four years I served on the Supreme Court with Jim Dolliver he was the real inspirational leader of our court. Though physically hampered by a stroke he suffered in 1993, he never once complained about the physical limitations that were forced on him by this setback and he went on with his work at the court with the same energy, devotion, and determination that he had displayed throughout his long period of public service. Indeed, during the four years I served with him, he never missed a day of court and he was always prompt and efficient in producing his written opinions. His greatest value to the court during this period, though, was his mere presence among us. He was at once the court’s wise senior member, its conscience, and our institutional memory about the court’s hallowed traditions. In court, at case conferences and business meetings, he did not speak as frequently as I am sure he had at an earlier time. When he did, however, everyone listened with rapt attention and more often than not followed his lead. Although an open-minded person, Jim was firm in his convictions about certain fundamental principles and from these he was loathe to stray. On rare occasions, he could even be a bit blunt with the court and would not hesitate to take us collectively “to the woodshed” when he thought we were straying too far from common sense. When Justice Dolliver announced his retirement from the Supreme Court, there were a great number of tributes paid to him by various private and government organizations. This significant outpouring of goodwill expresses, better than any words I can place on paper, the genuine affection and respect that Justice Dolliver’s friends, colleagues, and fellow citizens have for him. It is only fitting that this oral history, which summarizes the life of this remarkable man, will be available to those of us who know him as well as to many persons in the future who did not. JUSTICE GERRY L. ALEXANDER Washington State Supreme Court FOREWORD Our entire office is pleased that the Washington State Supreme Court has agreed to publish the oral history of Justice James Dolliver. Jim’s dedication to the people of Washington State and his commitment to public service will never be forgotten. He is a shining star. Jim Dolliver has always been an exemplary public servant, serving as a community volunteer, an aide to Congressman Jack Westland, the chief assistant to Governor Dan Evans, and finally as chief justice of the Washington State Supreme Court. He has the keen ability to keep his eyes and his agenda focused exactly on the target. As we worked together during Governor Evans’ administration, I once asked him, “What is the real role of governor?” He did not hesitate with his reply. He said that there is only one real role. That is to “set the agenda.” Governors who don’t “set the agenda” really don’t govern. Over the years, I have learned how right he was. Jim knows that there is more to governing than responding to the headlines of the morning paper. It has been an honor and a privilege to work with him through the years. In public life and private, Jim has been a wonderful friend and a man to look up to. We are so fortunate to have known his compassion and vision; his honesty and integrity; his love of country, community, and family. RALPH MUNRO Secretary of State PREFACE The Washington State Oral History Program was established in 1991 by the Washington State Legislature to document the formation of public policy in Washington State. It is located in the Office of the Secretary of State and guided by the Oral History Advisory Committee. Each oral history is a valuable record of an individual’s contributions and convictions, their interpretation of events, and their relationships with other participants in the civic life of the state. By reading these oral histories, the complex interweaving of the personal and political processes that shape public policy are revealed. In early 1998, a Supreme Court advisory committee was formed to create a Supreme Court Series. This committee consists of representatives from the Oral History Advisory Committee, Supreme Court, and the Office of the Administrator for the Courts, who guide the selection of the Supreme Court series candidates. After a candidate is selected by their respective committee, extensive research is conducted about the life and activities of the prospective interviewee using legislative journals, newspaper accounts, personal papers, law reviews and other materials. Then a series of taped interviews is conducted, focusing on the interviewee’s public life and contributions, but also including personal sources of their values and beliefs. Political and judicial values, ideas about public service, interpretation of events, and reflections about relationships and the political or judicial process are explored. When the interviews have been completed, a verbatim transcript is prepared. These transcripts are edited and reviewed by the interviewer and interviewee to ensure readability and accuracy. Finally, the transcript is published and distributed to libraries, archives, and interested individuals. An electronic version is available on the Secretary of State web site (www.secstate.wa.gov). Recollection and interpretation of events varies.