Justia Washington Supreme Court Opinion Summaries

Two Tonasket voters petitioned to recall City Council member Christia “Teagan” Levine from office. The petition alleged Levin committed five violations relating to certain city personnel actions, conspiracy to remove the City Attorney and cause the Mayor to resign as part of an illegal quorum, withholding public records, and conspiring to disband the city police force. After a hearing, the trial court dismissed all charges, finding them factually and legally insufficient to sustain further action. Finding no reversible error in that judgment, the Washington Supreme Court affirmed. View "In re Recall of Levine" on Justia Law

A recall petition was filed against the Mayor and three Cathlamet council members; charges stemmed from Cathlamet’s purchase of a parcel of property at 20 Butler street. The petition alleged a violation of the Washington Constitution as a gift of public funds to the seller of the Butler Street property, Bernadette Goodroe. One additional charge against one town counselor alleged violation of RCW 42.23.070(2), prohibiting municipal officials from giving or receiving gifts related to their official capacities. The Washington Supreme Court determined the charges in the recall petition was legally insufficient, because acquisition of real property is a fundamental government purpose and discretionary act that was not manifestly unreasonable under the circumstances of this case. Accordingly, the Supreme Court affirmed the superior court. View "In re Recall of Burnham" on Justia Law

Seattle voters approved the "Democracy Voucher Program," intending to increase civic engagement. Recipients could give their vouchers to qualified municipal candidates, who could redeem those vouchers for campaign purposes. The city would find the program through property taxes. Mark Elster and Sarah Pynchon sued, arguing the taxes funding the program was unconstitutional. Because the program did not violate the First Amendment, the Washington Supreme Court affirmed. View "Elster v. City Of Seattle" on Justia Law

Appellants Levi Guerra, Esther John, and Peter Chiafalo appealed a superior court decision upholding the imposition of a $1,000 file for failing to cast their votes in the United States Electoral College in accordance with the popular vote in the State of Washington. They argued the file was a violation of their Constitutional rights, specifically, the Twelfth Amendment and the First Amendment. The Washington Supreme Court determined the fine imposed pursuant to RCW 29A.56.340 fell within the authority of Article II, section 1 of the federal Constitution. Furthermore, the Court held nothing under Article II, section 1 or the Twelfth Amendment granted the electors absolute discretion in casting their votes, and the fine did not interfere with a federal function. Accordingly, the Supreme Court affirmed the superior court's judgment. View "In re Guerra" on Justia Law

The Yakima County clerk was ordered by a superior court judge to procure a supplemental bond to maintain her elected office. The court warned that failure to comply would result in the court declaring the office vacant. The clerk sought a writ of prohibition from the Washington Supreme Court to prevent enforcement of the superior court's order. The Supreme Court denied the writ: the superior court judge did not exceed the court's jurisdiction by issuing the supplemental bond order; the clerk could have availed herself of "a plain, speedy and adequate remedy at law - an injunction. Thus, prohibition will not lie." View "Riddle v. Elofson" on Justia Law

This case involved statutory interpretation concerning application of the reporting requirements contained in the Washington Fair Campaign Practices Act (FCPA), chapter 42.17A RCW. The specific issue presented was how the FCPA reporting requirements in RCW 42.17A.255 and the definition in RCW 42.17A.005(4) ("ballot proposition") were to be applied in the context of local initiatives. In 2014, Evergreen Freedom Foundation (EFF) staff created sample municipal ordinances and ballot propositions for citizens to use to advance certain causes to their local city councils or commissions. Local residents in the cities of Sequim, Chelan, and Shelton used those samples in filing two ballot propositions in each city, one to require collective bargaining negotiation sessions to be publicly conducted and the second to prohibit union security clauses in city collective bargaining agreements. The proponents submitted the proposed measures to their local city clerks along with signatures they had gathered in support of the measures, and asked their respective city councils or commissions either to pass the measures as local ordinances or, if the councils or commissions did not agree, to alternatively place each measure on the local ballot for a vote. None of the cities passed the measures as ordinances or placed the ballot propositions on the local ballots. In response, EFF employees, who were attorneys, participated in lawsuits against each jurisdiction on behalf of the local resident proponents, each suit seeking a judicial directive to the respective city to put each measure on the local ballot. Each lawsuit ended in a superior court dismissing the case, and those decisions were not appealed. EFF did not file any campaign finance disclosure reports identifying the value of the legal services it provided to the resident proponents in support of the local ballot propositions. The State conducted an investigation and then filed a civil regulatory enforcement action against EFF alleging EFF failed to report independent expenditures it made in support of the noted local ballot propositions. The Washington Supreme Court affirmed the Court of Appeals' reversal of the trial court's 12(b)(6) dismissal of the State's regulatory enforcement action under the FCPA: under the circumstances of this case, EFF's pro bono legal services were reportable. The applicable reporting statutes were not unconstitutionally vague, nor did their application here violate EFF's First Amendment rights. View "Washington v. Evergreen Freedom Found." on Justia Law

End Prison Industrial Complex (EPIC) argued that the ballot title for a King County property tax increase lacked information required by former RCW 84.55.050 (2012). The Washington Supreme Court found that RCW 29A.36.090 required ballot title objections be raised within 10 days of the public filing of that ballot title. EPIC's claim was brought nearly 4 years after the ballot title at issue in this case was filed, was was therefore deemed untimely. The Court reversed the decision of the Court of Appeals and affirmed the judgment of the superior court. View "End Prison Indus. Complex v. King County" on Justia Law

Proposed Initiative 27 (I-27) would have allowed King County, Washington voters to decide whether to ban public funding for community health engagement location (CHEL) sites, colloquially known as safe injection sites, and to create civil liability for any person or entity who operates a site. The King County Superior Court granted respondent Protect Public Health's ("PPH") motion for declaratory judgment and injunctive relief, and enjoined King County from placing I-27 on the ballot. The issue this case presented for the Washington Supreme Court's review was whether the proposed initiative was beyond the scope of the local initiative power. The Court affirmed the superior court, holding I-27 was outside the scope of local initiative power because it improperly interfered with the budgetary authority of the King City Council. View "Protect Pub. Health v. Freed" on Justia Law

Washington voters referred Initiative 940 ("I-940") to the Legislature; I-940 was an initiative concerning police reform. The legislature also passed a conditional bill, ESHB 3003, purporting to prospectively amend 1-940 if it passed later-in this case, just a few minutes later. But that conditional, prospective bill violated the explicit language and allocation of legislative power contained in article II, section 1 of the Washington Constitution. A divided Washington Supreme Court majority affirmed a superior court's decision to issue a writ of mandamus compelling the Washington Secretary of State to place I-940 on the ballot. View "Eyman v. Wyman" on Justia Law

At issue before the Washington Supreme Court was whether the superior court erred in ruling that 29A.80.061 was invalid under the First Amendment. Also at issue was whether the bill containing the statute violated the single subject or subject in title requirements of article II, section 19 of the Washington Constitution. RCW 29A.80.061 requires political parties to elect, rather than appoint, legislative district chairs for each legislative district. Appellant Andrew Pilloud, acting pro se, sought to enforce the statute against the King County Republican Central Committee (Committee), which, by bylaw, had long chosen to appoint its legislative district chairs. The superior court concluded that the statute violated a political party's right to free association under the First Amendment to the United States Constitution. Pilloud appealed this decision. The Supreme Court affirmed, holding RCW 29A.80.061 violated the Committee's freedom of association. View "Pilloud v. King County Republican Cent. Comm." on Justia Law