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Washington Court of Appeals

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Court of Appeals of Washington
EstablishedMay 12, 1969
JurisdictionState of Washington
Counties are divided into one of three geographic appellate divisions
LocationDivision I—Seattle
Division II—Tacoma
Division III—Spokane
Composition methodNon-partisan election with gubernatorial appointment to vacant seats
Authorised byWash. Const. Art. IV § 30
Wash. Rev. Code Chap. 2.06
Appeals toSupreme Court of Washington
Appeals fromSuperior Court of Washington
Judge term lengthSix years
Number of positionsDivision I—12 judges
Division II—8 judges
Division III—5 judges
WebsiteWashington Courts
Chief Judge, Division I
CurrentlyLori K. Smith
Chief Judge, Division II
CurrentlyRebecca Glasgow
Chief Judge, Division III
CurrentlyGeorge B. Fearing
Division map

The Washington Court of Appeals is the intermediate level appellate court for the state of Washington. The court is divided into three divisions. Division I is based in Seattle, Division II is based in Tacoma, and Division III is based in Spokane.

History

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As early as 1929, the Washington judiciary observed a need for an intermediate appellate court to relieve the heavy workload of the Washington Supreme Court. That year the state's Judicial Council suggested the establishment of such a court as a possible option for judicial restructuring. Nevertheless, the state legislature took no steps until the mid-1960s, when work began on a Court of Appeals.

The Washington citizenry adopted a Constitutional Amendment on November 5, 1968, which authorized the legislature to create a Court of Appeals and to define its composition and jurisdiction. On May 12, 1969, the legislature passed the enabling act that established a Court of Appeals with three divisions and a total of twelve judges. Governor Dan Evans appointed the initial twelve judges with the judges all facing election at the general election of 1970 and with each elected judge initially serving terms of two, four or six years determined by lot.[1]

Composition

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Twenty-two judges currently sit on the Washington Court of Appeals Court, divided into three geographic divisions. Within each division, panels of three judges hear each appeal. The court never sits en banc. Voters elect Court of Appeals judges for six-year terms. Judges on the Court of Appeals, like other Washington jurists, must retire at the end of the calendar year they reach the age of 75.[2]

Jurisdiction

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By statute, the court is empowered to hear the following types of cases: 1. As a matter of right, all appeals from final judgments' of the Superior Court, and all other orders that effectively cut-off further litigation, such as condemnation orders, termination of parental rights, juvenile court proceedings, and incompetency proceedings.[3]

Jurisdiction precluded (vested in the Supreme Court of Washington)

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Current judges

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Name Assumed office Current term end Law school
Division I
Chief Judge Lori K. Smith August 2018[8] January 2030 University of Washington
Acting Chief Judge Cecily Hazelrigg January 2019[9] January 2025 Gonzaga University
Judge Stephen J. Dwyer November 2005[10] January 2029 University of Washington
Judge David S. Mann August 2016[11] January 2027 Lewis & Clark College
Judge Bill Bowman January 2020[12] January 2027 California Western Law School
Judge Linda Coburn January 2021[13] January 2027 Seattle University
Judge Janet Chung March 2022[14] January 2025 Columbia University
Judge Ian Birk April 2022[15] January 2029 University of Washington
Judge J. Michael Diaz September 2022[16] January 2028 Cornell University
Judge Leonard Feldman March 2023[17] January 2025 Harvard University
Commissioner Masako Kanazawa - - Seattle University
Commissioner Jennifer D. Koh - - Yale University
Division II
Chief Judge Rebecca Glasgow January 2018 January 2025 University of Washington
Acting Chief Judge Anne Cruser March 2019 January 2029 Willamette University
Judge Bradley Maxa July 2013 January 2029 College of William & Mary
Judge Linda C.J. Lee January 2014 January 2025 University of Hawaii
Judge Bernard Veljacic December 2020 January 2023 Seattle University
Judge Erik D. Price 2021 January 2027 University of Washington
Judge Meng Li Che December 2022 January 2027 Seattle University
Commissioner Aurora R. Bearse - - Rutgers University
Commissioner Karl Triebel - - Chapman University
Division III
Chief Judge George B. Fearing June 2013 January 2029 University of Washington
Acting Chief Judge Robert Lawerence-Berrey March 2014 January 2025 Willamette University
Judge Rebecca Pennell January 2016 January 2027 Stanford University
Judge Tracy Staab January 2021 January 2027 Seattle University
Commissioner Erin Geske - - Lewis & Clark College
Commissioner Hailey Landrus - - Seattle University

Divisions

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Division I

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Division I sits in Seattle, and is the smallest of the three geographic divisions, though the largest by population. It stretches from the White River (to the extent it serves at part of King county's southern boundary) in the south to the Canada–US border in the north, and from the Cascade Range in the east to the San Juan Islands in the west. The division hears appeals from Island, King, San Juan, Skagit, Snohomish and Whatcom.

Division II

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Division II sits in Tacoma and hears appeals from the counties of Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania (see note, infra.), Thurston and Wahkiakum.

Division III

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Division III sits in Spokane and includes the three-fifths of the state's land area that lies east of the Cascade Range. In addition to the state's second largest city, Spokane; it embraces the regional cities of Yakima and the Tri-Cities of Kennewick, Pasco, and Richland. It hears appeals from Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat (see note, infra.), Lincoln, Okanigan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman and Yakima counties.

Other areas

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Skamania County is in Division II; Klickitat County is in Division III. These counties are sparsely populated, so do not qualify for their own Superior Court judge. They must share one Superior Court Judge. When the judge presides in Skamania County, Division II opinions are followed. When the judge presides in Klickitat County, Division III opinions are followed. When the Divisions issue conflicting opinions, practitioners must be careful to follow/cite from the appropriate appellate division.

References

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  1. ^ see generally Ch. 2.06 Rev. Code Wash.
  2. ^ see generally Ch. 2.06 Rev. Code Wash.
  3. ^ Wash. R.App.P 2.2, 6.1
  4. ^ Wash. R.App.P. 16.1 et seq.
  5. ^ Wash. R.App.P. 2.2.
  6. ^ Wash. R.App.P 2.3
  7. ^ 1969 Wash. Laws ch. 121
  8. ^ "Inslee announces appointment to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
  9. ^ "Acting Chief Judge Cecily C. Hazelrigg". Washington Courts. Retrieved 20 January 2024.
  10. ^ "Judge Stephen J. Dwyer". Washington Courts. Retrieved 20 January 2024.
  11. ^ "Inslee appoints Judge David S. Mann to the Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
  12. ^ "Inslee appoints Judge Bill Bowman to the Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
  13. ^ "After election to Court of Appeals, Judge Coburn ready to take passion for public service to next level". My Edmonds News. 25 November 2020. Retrieved 20 January 2024.
  14. ^ "Inslee appoints Janet Chung to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
  15. ^ "Inslee appoints Ian Birk to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
  16. ^ "Inslee appoints J. Michael Diaz to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
  17. ^ "Inslee appoints Leonard Feldman to Court of Appeals, Division One". Washington Governor Jay Inslee. Retrieved 20 January 2024.
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