Washington Voters Decide Five High Court Seats

Washington residents will choose five of the state’s nine Supreme Court justices on Nov. 3, a vote that directly determines how the highest court in the state interprets laws regarding taxes, criminal justice, and government limits.

The election includes contests for Positions 1, 3, 4, 5, and 7. Three sitting justices are running for reelection, while two seats are open. Positions 1 and 5 are special elections following gubernatorial appointments, and the Position 4 race is open after Justice Charles Johnson retired.

Todd Myers, vice president of research at the Washington Policy Center, noted that the court has become more active in recent years, with decisions now impacting daily life more frequently. He stated that the candidates differ primarily in how they interpret the Constitution, rather than in their basic qualifications.

Myers observed that roughly 20% of voters skip judicial races due to a lack of familiarity with the candidates. He argued that voting in these elections carries extra weight because it reflects the choice of those who do not vote, making individual participation more consequential.

The court’s recent handling of Initiative 2066 illustrates this influence. Voters approved the measure in November 2024 by a margin of 51.7% to protect natural gas access. In September 2026, the Supreme Court ruled 6-3 that the initiative was unconstitutional, citing a violation of the state constitution’s single-subject requirement.

Myers criticized the court for overturning voter-approved measures too easily on technicalities. He suggested that the current composition, which includes six members who initially joined via gubernatorial appointment, has led to a politically divided bench. Governor Bob Ferguson appointed Justice Colleen Melody in November 2025 to replace retiring Justice Mary Yu.

A new 9.9% income tax on annual earnings above $1 million, approved by the Legislature in 2026, is set to take effect Jan. 1, 2028. The first returns are due in 2029. The law faces potential constitutional challenges, and the justices elected this year could determine its survival if the case reaches the Supreme Court.

Beyond taxes, the court decides cases involving criminal law and public education. Its 2021 ruling in State v. Blake struck down the state’s strict-liability drug possession statute, prompting legislative revisions. The court also weighs in on issues such as the shortage of public defenders and the funding of public schools.

Candidates for the five seats include Justice Colleen Melody and attorney Scott Edwards for Position 1; Judge Jaime Michelle Hawk and Judge David Stevens for Position 3; Judge Ian Birk and Judge Sean O’Donnell for Position 4; Justice Theo Angelis and former Judge Dave Larson for Position 5; and Chief Justice Debra Stephens and attorney Todd Bloom for Position 7.

Myers advised voters to research candidates’ judicial philosophies rather than relying on endorsements. He framed the choice as selecting judges who are either more activist in applying their views or more deferential to the Legislature and the state’s residents.