June 2006

Your Role in Providing for High-Quality Appellate Judges

by Anthony R. Miles and John J. Tollefsen

The Washington State Bar Association's list of well-qualified candidates for the Court of Appeals has many vacancies in several judicial districts. You can play a vital role in helping the governor select the right person to fill vacancies on the Washington Court of Appeals and Supreme Court. Often these openings occur unexpectedly and must be filled quickly. To assist the governor, the Washington State Bar Association maintains a standing list of well-qualified candidates who have been vetted by the Judicial Recommendation Committee (JRC). The JRC's rating is good for four years, and successful candidates are notified that they may remain on the list by reapplying to the committee within a year of the end of their rating. This article provides the information you need to fulfill your role in this important process.

The JRC is composed of 22 members of the WSBA who are appointed by the Board of Governors for three-year terms. Committee members are from geographically diverse backgrounds, consistent with the statutory mandate that appellate court judiciary live throughout the state. The Board has appointed JRC members who represent the highest ethical standards of the Bar as well as the diversity of Washington's population. Each member calls references and conducts background checks of the candidates. Strict confidentiality is maintained. The candidate is interviewed by at least 12 members of the committee. After discussion, a ballot is taken to determine if the candidate is well-qualified in the opinion of a two-thirds majority of the committee members (a minimum of nine votes needed).

Washington's Court of Appeals is divided into three divisions, and each division is divided into three districts (RCW 2.06.020). Division I: District 1 (King County); District 2 (Snohomish County); and District 3 (Island, San Juan, Skagit, and Whatcom counties). Division II: District 1 (Pierce County); District 2 (Clallam, Grays Harbor, Jefferson, Kitsap, Mason, and Thurston counties); and District 3 (Clark, Cowlitz, Lewis, Pacific, Skamania, and Wahkiakum counties). Division III: District 1 (Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens counties); District 2 (Adams, Asotin, Benton, Columbia, Franklin, Garfield, Grant, Walla Walla, and Whitman counties); and District 3 (Chelan, Douglas, Kittitas, Klickitat, and Yakima counties).

In the past three years, the committee has received very few applications from individuals in many of the state's counties. We encourage interested individuals in all geographic areas to apply, and we are especially seeking applications from well-qualified candidates from Division I, districts 2 and 3; Division II, District 3; and all three districts of Division III. To start the process, see the WSBA website: www.wsba.org/-lawyers/groups/-judicialrecommendation. A candidate may apply to fill a vacancy online at the governor's office (www.governor.wa.gov/actions/appointments/judicial). We recommend that interested candidates apply before a judicial vacancy exists, because of the time needed for the investigation and review. The JRC schedules meetings quarterly but meets only if there are sufficient candidates. Since the governor attempts to fill an unexpected opening as soon as possible, serious candidates should apply early. The list is kept confidential.

Candidates should have achieved well above the average for members of the Bar who have been involved in community and bar work. Not only is scholastic excellence desired, the Board of Governors wants candidates who have a proven track record of civic involvement. Judicial background is helpful but not required. Candidates should take the detailed application form seriously and provide the type of work they would expect to see in appellate briefs. Submitted writing samples should show legal insight and sophistication. At the JRC interview, the candidate should be prepared to answer questions regarding judicial philosophy and qualifications. Proper preparation will help the candidate stand out in the eyes of the panel of 22 lawyers who will focus on every detail of the application and interview. Once an opening occurs, all serious candidates are interviewed by the governor's legal counsel, Richard E. Mitchell.

For more information, contact Anthony R. "Tony" Miles at tonym@prestongates.com or Vice-Chair Norma Linda Ureņa at norma@urena-law.com. 

Anthony R. Miles, an attorney with Preston Gates & Ellis LLP in Seattle, is 2005-2006 chair of the WSBA Judicial Recommendation Committee. Contact him at tonym@prestongates.com.

John J. Tollefsen is a Judicial Recommendation Committee member, and a certified fraud examiner and civil litigator who concentrates on financial fraud and complex business litigation. He can be reached at john@tollefsenlaw.com.