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Washington Supreme Court Justice Mary Yu to Speak at UW Bothell Commencement
Washington Supreme Court Justice Mary Yu to speak at UW Bothell commencement The commencement will take place on June 10. Monday, April 23, 2018 8:30am Bothell-Kenmore Reporter This year’s speaker for the University of Washington Bothell commencement is Washington Supreme Court Associate Justice Mary I. Yu. She will address graduates at the ceremony June 10 at Safeco Field in Seattle. “Justice Yu has a compelling personal story as well as a passion for social justice and public service,” said chancellor Wolf Yeigh in a press release. “This is something she has in common with many at the University of Washington Bothell.” Yu was appointed to the high court in 2014 by Gov. Jay Inslee who noted she distinguished herself throughout her career as someone of great intellect, dedication and compassion. Voters confirmed his choice, then Yu was re-elected in 2016 to a full six-year term. Yu was raised in Chicago by immigrant parents. Her mother came from Mexico and her father from China. She was the first in her family to graduate from college and received her law degree from Notre Dame. Yu served as deputy chief of staff for King County Prosecuting Attorney Norm Maleng and in 2000 was appointed to the superior court bench by Gov. Gary Locke. As a judge in 2012, Yu performed the first same-sex marriage in Washington on the day same-sex marriages became legal in the state. She is the first member of the LGBTQ community to serve on the state Supreme Court. A mentor and role model, Yu has served as co-chair of the Leadership Institute of the University of Washington Law School and Washington State Bar Association. -
Petitioner, V
No. _________ ================================================================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- STATE OF WASHINGTON, Petitioner, v. ENDY DOMINGO-CORNELIO, Respondent. --------------------------------- ♦ --------------------------------- On Petition For Writ Of Certiorari To The Washington Supreme Court --------------------------------- ♦ --------------------------------- PETITION FOR WRIT OF CERTIORARI --------------------------------- ♦ --------------------------------- MARY E. ROBNETT Pierce County Prosecuting Attorney ANNE E. EGELER Deputy Prosecuting Attorney Counsel of Record TERESA J. CHEN Deputy Prosecuting Attorney 930 Tacoma Avenue, Rm. 946 Tacoma, WA 98402 (253) 732-2083 anne.egeler@ piercecountywa.gov ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED The Eighth Amendment categorically bars the death penalty for juvenile offenders, Roper v. Simmons, 543 U.S. 551, 571 (2005), and life without parole for ju- venile nonhomicide offenders, Graham v. Florida, 560 U.S. 48, 74 (2010). In Miller v. Alabama, 567 U.S. 460, 465 (2012), the Court introduced an individual propor- tionality determination and held that “mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment[.]” The question presented -
SLIP OPINION (Not the Court’S Final Written Decision)
NOTICE: SLIP OPINION (not the court’s final written decision) The opinion that begins on the next page is a slip opinion. Slip opinions are the written opinions that are originally filed by the court. A slip opinion is not necessarily the court’s final written decision. Slip opinions can be changed by subsequent court orders. For example, a court may issue an order making substantive changes to a slip opinion or publishing for precedential purposes a previously “unpublished” opinion. Additionally, nonsubstantive edits (for style, grammar, citation, format, punctuation, etc.) are made before the opinions that have precedential value are published in the official reports of court decisions: the Washington Reports 2d and the Washington Appellate Reports. An opinion in the official reports replaces the slip opinion as the official opinion of the court. The slip opinion that begins on the next page is for a published opinion, and it has since been revised for publication in the printed official reports. The official text of the court’s opinion is found in the advance sheets and the bound volumes of the official reports. Also, an electronic version (intended to mirror the language found in the official reports) of the revised opinion can be found, free of charge, at this website: https://www.lexisnexis.com/clients/wareports. For more information about precedential (published) opinions, nonprecedential (unpublished) opinions, slip opinions, and the official reports, see https://www.courts.wa.gov/opinions and the information that is linked there. For the current opinion, go to https://www.lexisnexis.com/clientsTHIS/war OPINIONepor WASts/ .FILED FILE FOR RECORD AT 8 A.M. -
The 2021-2022 Guide to State Court Judicial Clerkship Procedures
The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community. -
The Washington Supreme Court a Century Ago
In the Beginning: The Washington Supreme Court a Century Ago Charles H. Sheldon and Michael Stohr-Gillmore* The tradition of government by consent, the nature of the federal constitution, and the reasoning of the United States Supreme Court' have compelled each state to fashion its own compact between the government and the citizenry.2 The gov- ernment of the State of Washington, no less than that of the United States, is a product of such a compact. The preamble to the 1889 Washington Constitution reads: "We, the people of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this constitution,"3 and section 1 of the Declaration of Rights (article I) declares that "All political power is inherent in the people, and the govern- ments derive their just powers from the consent of the gov- erned, and are established to protect and maintain individual rights."4 Indeed, the founders of the state regarded the consti- tution as a compact between citizens and their government and viewed the writing of this covenant as a difficult philosophical and political enterprise. Clearly, the structure of the judiciary and the role of the State Supreme Court in the governing process were major parts of the enterprise. This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) * Charles H. Sheldon is a Professor of Political Science and Michael Stohr- Gillmore is a political science graduate student at Washington State University. 1. In Barron v. Baltimore, 32 U.S. 243 (1833), Chief Justice John Marshall explained the "dual compact" concept: "The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states. -
No. 86119-6 SUPREME COURT of the STATE of WASHINGTON
No. 86119-6 SUPREME COURT OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. BRYAN ALLEN, Petitioner. BRIEF OF AMICI CURIAE AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION, WASHINGTON ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, AND WASHINGTON DEFENDER ASSOCIATION Sarah A. Dunne, WSBA No. 34869 Charles C. Sipos, WSBA No. 32825 Nancy L. Talner, WSBA No. 11196 Eric J. Weiss, Wis. Bar No. 1056436 ACLU OF WASH. FOUNDATION PERKINS COIE LLP 705 Second Avenue, Third Floor 1201 Third Avenue, Suite 4800 Seattle, WA 98104 Seattle, WA 98101-3099 206.624.2184 206.359.8000 Cooperating Attorneys for ACLU-WA Suzanne Lee Elliott, WSBA No. 12634 WASHINGTON ASSOCIATION OF CRIMINAL DEFENSE LAWYERS 1511 Third Ave, Suite 503 Seattle, WA 98101 206.623.1302 Travis Stearns, WSBA No. 29335 WASHINGTON DEFENDER ASSOCIATION 110 Prefontaine Pl., S. Seattle, WA 98104 206.623.4321 Attorneys for Amici Curiae 25552-0021/LEGAL22491406.1 TABLE OF CONTENTS I. IDENTITY AND INTEREST OF AMICI ....................................1 II. INTRODUCTION .........................................................................1 III. ARGUMENT.................................................................................4 A. Modern Science Demonstrates the Need for Additional Safeguards regarding Eyewitness Identification......................................................................4 B. Jurors and Courts Overestimate Eyewitness Testimony ..........................................................................7 C. Several Jurisdictions Mandate or Encourage -
14Th Annual Kicking up Our Heels High Tea with the High Court
th 2016 14 Annual Women of the Year Kicking Up Our Heels High Tea with the High Court JUDGE DEBORRA GARRETT GEORGE WASHINGTON UNIVERSITY, NATIONAL LAW CENTER, J.D., 1976 Before she was elected, Whatcom County had the distinction of being the largest populated county which had no women on their Superior Court bench. Deborra, a longtime Bellingham attorney in private practice, served as the selfless pro bono counsel to the YWCA and Womencare Shelter at a time when the county was seeing its first major increase in reported violence against women. In addition, she earned a reputation for handling principled issues such as successfully representing the Whatcom Public Library when it was subpoenaed by the FBI to release all names of people who had checked out books about Osama Bin Laden. Despite her lengthy community service, the open seat race was hotly contested. But Judge Garrett won and the first woman’s judge picture was finally placed on the wall of more than 50 previous judges: all men. JUDGE VERONICA ALICEA-GALVÁN UNIVERSITY OF WASHINGTON LAW SCHOOL, J.D., 1994 Judge Veronica Galván became the first Hispanic woman to serve on the King County Superior Court bench, having previously presided over the Des Moines Municipal Court where she operated a dual-language courtroom that allowed cases to be heard in Spanish or English. An adjunct instructor at the Seattle University School of Law, she taught a continuing legal-educational program emphasizing multilingual legal services and was an unrelenting advocate for the courts being ready, willing and able to serve and understand people in their own language. -
“What to Do About Batson?”1: Using a Court Rule to Address Implicit Bias in Jury Selection
“What to do about Batson?”1: Using a Court Rule to Address Implicit Bias in Jury Selection Annie Sloan* In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court attempted to eliminate racial discrimination in jury selection by prohibiting the use of peremptory challenges to intentionally strike prospective jurors based on their race. Today, more than thirty years later, Batson’s now-familiar three-part framework is widely considered to be a toothless and inadequate decision that fails to reduce the unfair exclusion of jurors of color. In 2018, the Washington Supreme Court took a remarkable step by enacting a first-of-its-kind court rule that substantially altered the Batson framework. Specifically, the new court rule rejects Batson’s intentional discrimination requirement and instead expressly addresses implicit and institutional bias. This Note is the first to discuss Washington’s historic court rule. In this Note, I offer both a descriptive account of the rule’s enactment and a normative assessment of the rule’s framework. Through interviews with lawyers and judges in Washington, I explore the backdrop and debate over the rule’s implementation as well as its initial effects. Considering the values at stake in jury selection, I argue that the rule’s expansion of Batson is a desirable step toward improving jury diversity and enhancing judicial integrity. Introduction ............................................................................................. 234 I. The Inadequacy of Batson to Eliminate Racial Discrimination from Jury DOI: https://doi.org/10.15779/Z385Q4RM61. Copyright © 2020 Author holds copyrights. 1. State v. Saintcalle, 309 P.3d 326, 337 (Wash. 2013) (plurality opinion), abrogated on other grounds by City of Seattle v. -
Jan 0 5 2021
01/05/2021 JAN 0 5 2021 Bowen Greenwooci Clerk of Supreme CourECase Number: PR 06-0422 State of Montana IN THE SUPREME COURT OF THE STATE OF MONTANA IN RE: DAVID M.S. DEWHIRST, ) ) PETITION TO WAIVE MPRE Petitioner. ) REQUIREMENT IN APPLICATION ) FOR ADMISSION BY MOTION TO ) THE MONTANA STATE BAR ) David M.S. Dewhirst,("Petitioner"), petitions this Honorable Court to waive the three-year Multistate Professional Responsibility Examination ("MPRE) test requirement for admission into the State Bar of Montana by Motion. In support, Petitioner states: Petitioner recently relocated to and is a full-time resident of Montana. He has been selected by the Attorney General to serve as the Solicitor General. Petitioner has submitted all the documentation required to be admitted on motion, and pending the anticipated, imminent approval of his character and fitness report by the Montana State Bar and the National Council of Board Examiners, Petitioner will satisfy all the admission requirements except for submitting a qualifying MPRE score obtained within the past three years.' Petitioner was required to take and pass the MPRE with a score of at least 85 before he obtained his license to practice law in 2014 in Petitioner has been inforrned by the Bar Admissions Administrator that, once the NCBE report is complete, he will be permitted to cornplete the Montana Law Seminar via an on-demand video recording. 1 Washington. He successfully did so, as set forth in the attached Admission Certificate from the Washington State Bar Association ("WSBA") (Exhibit 1). Petitioner was admitted to practice law in Washington on October 29, 2014. -
Supplemental Brief of Petitioners
NO. 19-333 IN THE Supreme Court of the United States ARLENE’S FLOWERS, INC., D/B/A ARLENE’S FLOWERS AND GIFTS, AND BARRONELLE STUTZMAN, Petitioners, v. STATE OF WASHINGTON, Respondent. ARLENE’S FLOWERS, INC., D/B/A ARLENE’S FLOWERS AND GIFTS, AND BARRONELLE STUTZMAN, Petitioners, v. ROBERT INGERSOLL AND CURT FREED, Respondents. On Petition for Writ of Certiorari to the Supreme Court of Washington SUPPLEMENTAL BRIEF OF PETITIONERS DAVID A. CORTMAN KRISTEN K. WAGGONER RORY T. GRAY Counsel of Record ALLIANCE DEFENDING JOHN J. BURSCH FREEDOM ERIN MORROW HAWLEY 1000 Hurricane Shoals Rd. ALLIANCE DEFENDING FREEDOM Suite D-1100 440 First Street NW Lawrenceville, GA 30043 Suite 600 (770) 339-0774 Washington, DC 20001 (202) 393-8690 [email protected] Counsel for Petitioners i CORPORATE DISCLOSURE The Corporate Disclosure Statement in the petition remains unchanged. ii TABLE OF CONTENTS CORPORATE DISCLOSURE ..................................... i APPENDIX TABLE OF CONTENTS ...................... iii TABLE OF AUTHORITIES ..................................... iv SUPPLEMENTAL BRIEF FOR PETITIONERS ..... 1 I. The lower courts are split 4–2 over whether the government can compel individuals to communicate celebratory messages in violation of their faith. .......................................... 4 A. Four jurisdictions hold that governments may compel individuals to communicate celebratory messages in violation of their faith. ................................................................. 4 B. Two jurisdictions have held that governments may not compel individuals to communicate celebratory messages in violation of their faith. .................................... 6 II. The lower courts are split 4–2 over whether Masterpiece’s prohibition of religious hostility applies beyond adjudicatory bodies. .................... 8 A. The Minority View: Masterpiece’s anti- religious hostility holding applies only to adjudicatory bodies. -
WASHINGTON STATE DEPT. of LICENSING V. COUGAR DEN, INC. Syllabus
(Slip Opinion) OCTOBER TERM, 2018 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus WASHINGTON STATE DEPARTMENT OF LICENSING v. COUGAR DEN, INC. CERTIORARI TO THE SUPREME COURT OF WASHINGTON No. 16–1498. Argued October 30, 2018—Decided March 19, 2019 The State of Washington taxes “motor vehicle fuel importer[s]” who bring large quantities of fuel into the State by “ground transporta- tion.” Wash. Rev. Code §§82.36.010(4), (12), (16). Respondent Cou- gar Den, Inc., a wholesale fuel importer owned by a member of the Yakama Nation, imports fuel from Oregon over Washington’s public highways to the Yakama Reservation to sell to Yakama-owned retail gas stations located within the reservation. In 2013, the Washington State Department of Licensing assessed Cougar Den $3.6 million in taxes, penalties, and licensing fees for importing motor vehicle fuel into the State. Cougar Den appealed, arguing that the Washington tax, as applied to its activities, is pre-empted by an 1855 treaty be- tween the United States and the Yakama Nation that, among other things, reserves the Yakamas’ “right, in common with citizens of the United States, to travel upon all public highways,” 12 Stat. -
The Supreme Court of Washington
THE SUPREME COURT OF WASHINGTON IN THE MATTER OF THE PROPOSED ORDER AMENDMENTS TO DEATH PENALTY RELATED COURT RULES: CrR 3.1 STDS—STANDARDS NO. 25700-A- jX(£>S FOR INDIGENT DEFENSE, CrR 3.2—RELEASE OF ACCUSED, CrR 3.4(b)—PRESENCE OF THE DEFENDANT, CrR 6.1(b)—TRIAL BY JURY OR BY THE COURT, CrR 6.4(e)(1)—CHALLENGES, CrRLJ 2.2(c)—WARRANT OF ARREST OR (led SUMMONS UPON COMPLAINT, CrRLJ 3.1 STDS—STANDARDS FOR INDIGENT DEFENSE, 's 2019 JuCR 9.2 STDS—STANDARDS FOR INDIGENT DEFENSE, CR 80(b) COURT REPORTERS, RAP 4.2—DIRECT REVIEW OF SUPERIOR COURT DECISION BY SUPREME COURT,RAP 12.5(c)— MANDATE, RAP 16.1(h)—PROCEEDINGS TO WHICH TITLE APPLIES, RAP 16.3(c)— PERSONAL RESTRAINT PETITION- GENERALLY, RAP 16.5(b)—PERSONAL RESTRAINT PETITION—WHERE TO SEEK RELIEF, RAP 16.19—PREPARATION OF REPORT OF PROCEEDINGS IN CAPITAL CASES, RAP 16.20—TRANSMITTAL OF JURY QUESTIONNAIRES AND CLERK'S PAPERS IN CAPITAL CASES, RAP 16.21—CLERK'S CONFERENCE IN CAPITAL CASES, RAP 16.22— FILING OF BRIEFS IN CAPITAL CASES, RAP 16.23—ORAL ARGUMENT ON APPEAL IN CAPITAL CASES, RAP 16.24—STAY OF EXECUTION IN CAPITAL CASES, RAP 16.25— APPOINTMENT OF COUNSEL ON PERSONAL RESTRAINT PETITION IN CAPITAL CASES, RAP 16.26—PERSONAL RESTRAINT PETITIONS IN CAPITAL CASES—DISCOVERY,RAP 16.27— PERSONAL RESTRAINT PETITION IN CAPITAL CASES—INVESTIGATIVE, EXPERT, AND OTHER SERVICES, SPRC 1—SCOPE OF RULES, SPRC 2—APPOINTMENT OF COUNSEL, SPRC 3—COURT REPORTERS: FILING OF NOTES, SPRC 4 - DISCOVERY—SPECIAL SENTENCING PROCEEDING, SPRC 5—MENTAL EXAMINATION OF DEFENDANT, SPRC 6— PROPORTIONALITY QUESTIONNAIRES,