June 2001

The Judicial Recommendation Committee Process

by Fred Meyers and Everett Billingslea, Guest Columnists

Governor Locke recently reiterated his commitment to appoint the most qualified persons available to fill judicial vacancies at all levels of our court system. This commitment is consistent with the interest of all members of the Bar and citizens of our state. However, there is some concern that not all candidates for appointment to the appellate bench have sought an evaluation from the Washington State Bar Association (WSBA). The WSBA has a mechanism in place that can help identify candidates with high qualifications who seek appointment to the Court of Appeals or the Supreme Court: the Judicial Recommendation Committee (JRC). The JRC can be extremely helpful to the governor in making his appointments.

The JRC exists and functions under the bylaws of the WSBA. It consists of 28 members of the Bar who are appointed by the Board of Governors. Committee membership is geographically and ethnically diverse, consisting of attorneys from Chelan, Franklin, King, Lewis, Mason, Pierce, Snohomish, Spokane and Thurston counties who represent a wide range of experience. Each member is appointed for a three-year term. The appointments are staggered, resulting in the rotation of one-third of the members each year. It is the duty of the JRC to prepare a recommended list of well-qualified applicants for vacancies on the Court of Appeals and the Supreme Court. All actions are confidential.

Interviews of prospective appointees are conducted at least twice a year. Notice of interview dates is published in Bar News. Each candidate is required to complete an extensive judicial evaluation questionnaire containing questions about the nature of the applicant's practice, and experience in state and federal courts, on administrative boards, and on other tribunals. Applicants are asked to include the names of attorneys and judges with and before whom they have practiced. A detailed and comprehensive background investigation is conducted by members of the JRC, who inquire into the applicant's competence, integrity, judicial temperament, and contribution to the profession and community. Each candidate is then interviewed by the JRC for a determination on whether the candidate is "well-qualified" for appointment to the Court of Appeals or Supreme Court; no other rating is given. The name of each person determined to be well-qualified is given to the WSBA Board of Governors.

To be rated "well-qualified," an applicant must be a member in good standing of the WSBA and of every other bar in which the person is a member. Only well-qualified applicants shall be recommended by the committee for appointment to the Supreme Court and the Court of Appeals. The candidates must answer the following questions:

A. Is the applicant a member of the Washington State Bar Association and in good standing in every bar in which that person is a member, where applicable?

B. Does the applicant have integrity, courage, good character, common sense, and respect for the judicial process and the dignity of the court?

          C. Is the applicant fair, open-minded, and committed  to equal justice under the law?

D. Has the applicant exhibited biases against any group or class of citizens?

E. Is the applicant willing to and physically, mentally, and emotionally capable of sustained work on difficult intellectual problems for the purpose of rendering diligent and energetic advice?

F. Has the applicant demonstrated excellent legal ability and competence? Relevant criteria shall include:

• an analytical ability to deal with a variety of legal problems;
• an interest in and aptitude for legal scholarship and writing;
• sufficient legal experience;
• qualities of wisdom, intellect, insight, impartiality and spirit; and
• judicial temperament.

G. Has the applicant demonstrated an ability to work with others?

H. Has the committee taken prior action with respect to this candidate?

Unless the Board of Governors finds compelling reasons not to approve a rating, they shall approve the JRC's rating of an applicant and forward it to the governor. If the board finds compelling reasons not to approve the rating, they shall provide the JRC their concerns in writing, and remand to the JRC for further investigation and reconsideration of the ruling.

When asked about the process, Supreme Court Chief Justice Gerry L. Alexander indicated that he views the JRC's role as valuable, and operating under guidelines that are well thought out and comprehensive. He encouraged the JRC to be aware of the need for diversity on the Supreme Court, stating: "While I concede that where a person resides has little to do with his or her qualifications to serve on the Court, it might be an issue your committee would wish to consider."

Supreme Court Justice Bobbe Bridge was rated "well-qualified" by the JRC. She found the process to be "thorough, fair and objective." She stated: "Every opportunity is provided to the 'candidate' to demonstrate their competencies and explain any perceived inadequacies. The committee recognizes strengths in various areas of practice and life, and is appreciative of the ways in which different life experiences can enhance a person's ability to be a good decision-maker and problem-solver. The committee's membership is diverse, and reflects to the extent possible the various constituencies of the court process."

Supreme Court Justice Tom Chambers, who was interviewed and rated by the JRC as "well-qualified" for appointment to the Supreme Court, thinks the system is objective, and feels there is good geographic and ethnic representation on the JRC. He stated that he was particularly impressed with the questionnaire and the fact that applicants are required to list lawsuits they have handled, thereby becoming known to lawyers who have opposed them and judges before whom they have practiced who may or may not be a favorable reference. "You know, it is not a perfect system, but it is a damn good system," he said. He encourages anyone who wants to be elected or appointed to fill a judicial vacancy on the Court of Appeals or the Supreme Court to participate in the interview process.

The list of well-qualified candidates is not binding on the governor; however, Governor Locke encourages any applicant interested in appointment to the Court of Appeals or Supreme Court to seek a rating before the JRC and other bar association rating committees. Governor Locke is committed to give strong consideration to candidates who have achieved a well-qualified rating through the Washington State Bar Association's Judicial Recommendation Committee evaluation process.

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