"In Spokane, I believe that as a lawyer you are judged by your legal ability and what you can do, not by your race."
Chief Judge Kenneth H. Kato
Washington State Court of Appeals Division III
Judge Kato was born in Spokane, Washington. His parents owned a hand laundry service, and his father worked for the Great Northwestern Railroad. His grade school, Lincoln School, was very diverse for Spokane. Many of the students were African American, Asian American, and Native American. He then attended Lewis and Clark High School, and was able to attend the University of Washington, graduating with a degree in psychology in 1971. During school, he obtained a scholarship from the railroad, and continued work at the railroad in the summers during college. At first, Judge Kato did not want to be a lawyer, and did not have anyone in his family that was a lawyer. He was the first one in his family to attend college or law school. During his studies, he became interested in law and graduated from the University of Washington Law School in 1975.
Judge Kato returned to Spokane after law school and joined the Huppin Ewing law firm, where he was an associate and principal. With an emphasis on appeals, research and writing, and creditor's rights, he practiced law with the firm for 13 years. He was then appointed a commissioner of the Washington State Court of Appeals, Division III in 1988. He became a Spokane County Superior Court judge in 1996. In 1997, he was appointed a judge of the Court of Appeals and was elected to the position in 1998.
Judge Kato is a member of the Washington State Bar Association, the Spokane County Bar Association, the Asian Bar Association of Washington (ABAW) and the National Asian Pacific American Bar Association (NAPABA). He is also a member of the Washington State Minority and Justice Commission and is chairperson of its Research Subcommittee. Judge Kato was honored as ABAW's 1998 Judge of the Year and was one of the recipients of NPABA's Trailblazer Award in 2000. He is also on the Advisory Board of the WSBA Leadership Institute. He has been a presenter at numerous legal and multicultural seminars and is also active in youth sports, particularly with the Washington Junior Golf Association.
Judge Kato and his wife, Sheila, have two children, Kevin and Lauren. They live in Spokane.
Which people or what experiences influenced you to become a lawyer?
At first I wasn't interested in becoming a lawyer or an advocate. I wanted to be a clinical psychologist. I applied to graduate school but I quickly found out that I did not want to teach or practice clinical psychology. During my undergraduate years, which were around the late 60's and early 70's, the Vietnam War and civil rights were major societal issues. That interested me in legal issues and the practice of law. I applied to law school, and was accepted in other schools, but chose the University of Washington over other prestigious schools. I believed that law could change things. At the time, I had no legal mentors to guide me in my career choices.
Did you have a mentor and, if so, how did they help or inspire you?
My mentor was Justice Charles Z. Smith of the Washington State Supreme Court. He had been my evidence professor in law school and is a powerful man. I hadn't seen him in 13 years when I became a commissioner and out of the blue he sent me a letter of congratulations. He became my mentor through the judicial system. I admired him because he had what he called "children in the judicial system." His advice and mentoring helped me forge my path and, with his advice, I became a Judge of the Court of Appeals.
What advice would you offer to a young attorney from an underrepresented background just starting out in their legal career, and what do you enjoy most/least about being a judge?
After returning to Spokane to practice law, I was only offered one position. I didn't really know any attorneys in Spokane at the time. I chose to accept that position, and remained there until I applied to the Court of Appeals as a commissioner. As an attorney in Spokane, I found that I was not discriminated against as a person of color. I was judged by my legal abilities and what I could do. It's great to have the job I have now, because I can always try to do what's right. As a young attorney, you may be advocating for a position that may not be what you consider is the "right" position. I believe it is best for a young associate to still try to do what you believe is "right," but that can be a difficult goal to achieve when trying to advocate for a client and bill hours while keeping in mind ethics and professionalism. What I enjoy most about my job as an Appellate Court Judge is that I can always try to do what I believe is right.
Has being an Asian American helped you to be a better judge? If so, how?
I believe that I have more empathy for people of color who appear in my courtroom. Many of these people may not be comfortable with the legal system. I have a greater understanding of litigants that allows me to perceive what the complaint actually is about. I also believe that I have been more respected by persons of color who have appeared before me. For instance, in my experience at Superior Court, some of the defendants before me were multi-race gang members. They never seemed to have a problem with me as a judge, and seemed to respect me. I understand that these defendants did not treat some of my other colleagues with the same respect. I was also able to understand culture clashes between victims and juries. While I was on the Superior Court bench, there was not a large minority population in the jury pool. I think that I was able to ensure that everyone coming into my courtroom was treated with equal respect and dignity.