5 Washington Supreme Court seats could shape major decisions
Five Washington Supreme Court seats up for election with major decisions on the line
Five of Washington's nine Supreme Court seats are up for election, shaping future decisions on taxes, criminal justice, education and constitutional rights.
SEATTLE, Wash. - Five seats of the nine-member Washington Supreme Court are up for election Nov. 3, giving voters an unusual opportunity to influence the state’s highest court as it considers major questions involving taxes, criminal justice, education and the limits of government power.
The races are officially nonpartisan, but the candidates have different judicial philosophies, and the results could affect how the court approaches challenges to laws passed by the Legislature and measures approved by voters.
Todd Myers, vice president of research at the Washington Policy Center, said the court’s decisions increasingly affect Washingtonians' lives.
"The court has become more activist in recent years, and so is making decisions that are much more impactful toward people's daily lives," Myers said.
Five seats are up for election
What we know:
The 2026 election includes contests for Positions 1, 3, 4, 5 and 7. Three sitting justices are seeking election, while two seats are open. Positions 1 and 5 are special elections following appointments to fill vacancies. The Position 4 race is open following Justice Charles Johnson’s retirement.
The candidates are:
- Position 1: Justice Colleen Melody and attorney Scott Edwards.
- Position 3: King County Superior Court Judge Jaime Michelle Hawk and Mason County Superior Court Judge David Stevens.
- Position 4: Court of Appeals Judge Ian Birk and King County Superior Court Judge Sean O’Donnell.
- Position 5: Justice Theo Angelis and former Federal Way Municipal Court Judge Dave Larson.
- Position 7: Chief Justice Debra Stephens and attorney Todd Bloom
"I think all 10 of them in the five races are qualified," Meyers said. "All of them have good experience, good knowledge. They would do a technically good job on the court. The difference between them is how they use those skills to interpret the Constitution."
Washington State Supreme Court
Why voters often skip judicial races
Why you should care:
Judicial races can be easy to overlook on the ballot, especially when voters are less familiar with the candidates or unsure how to evaluate their qualifications and judicial philosophies.
Todd Myers says about 20% of voters skip these races, even though the decisions made by the Washington Supreme Court can affect state laws and people’s everyday lives.
"Which means if you do vote, you get sort of an extra vote because you're voting for all of those people who don't. So not only does your vote in some ways count more, but it means more in your daily life," Meyers said. "People will often vote for their legislators because they're comfortable, but they don't know how to vote for judges. I would encourage people to do just a little bit of research."
Initiative 2066 highlights debate over voters’ decisions
One example of the court’s influence is Initiative 2066, which Washington voters approved by 51.7% in November 2024. The measure sought to protect access to natural gas and limit certain state and local policies discouraging its use.
In September 2026, in a 6-3 ruling, the state Supreme Court upheld a lower court ruling that found the initiative unconstitutional. The court found the measure violated the state constitution’s single-subject requirement. The current court determined the initiative combined distinct subjects that could not be separated.
Myers views the decision as part of a broader pattern in which, he argues, the court has been too willing to overturn voter-approved measures.
"The will of the voters should be honored, and the court has gotten a reputation for overturning the will of the voters too easily on too many technicalities," Myers said.
That is Myers’ assessment of the court’s record. The court’s ruling on Initiative 2066 was based on its interpretation of the state constitution’s requirements for legislation.
Income tax could bring another legal fight
The court’s future decisions could also affect Washington’s new income tax.
The Legislature approved a 9.9% tax on annual income above $1 million in 2026. The tax is scheduled to take effect Jan. 1, 2028, with the first returns due in 2029.
The law could face constitutional challenges. Justices elected this year could help decide if the tax survives — if it reaches the Supreme Court.
However, judicial candidates cannot simply promise voters how they would rule in a particular case. Instead, voters seeking to cast their ballot based on candidates perspective are tasked with judging their legal records, qualifications and judicial philosophy.
The court’s composition is also part of the debate.
Six of its nine members initially joined the court through gubernatorial appointments. In November 2025, Governor Bob Ferguson appointed Justice Colleen Melody to replace retiring Justice Mary Yu. She assumed her position at the beginning of 2026.
Myers said the number of appointments has contributed to what he views as a politically divided court.
"The voters have an opportunity to say, ‘Okay, we'd either like that very partisan court, or we want something a little more balanced,’" Myers said.
WA Supreme Court divided on initiative to repeal 'millionaires tax'
Voters will soon decide the fate of Washington's new income tax on high earners, known as the 'millionaires tax,' but there's controversy over how it's being presented on the ballot, and the issue has divided the state's Supreme Court.
Court decisions reach beyond taxes
Dig deeper:
The state Supreme Court also decides cases involving criminal law, constitutional rights and public education.
Among the court’s consequential past decisions is State v. Blake, its 2021 ruling that Washington’s strict-liability drug possession statute was unconstitutional. The decision prompted lawmakers to revise state law on drug possession.
The court also weighs in on several issues – including the state’s critical shortage of public defenders and whether lawmakers are meeting Washington’s "paramount duty" to fully fund public schools.
Myers said voters should consider the broader judicial philosophies of the candidates rather than focus on a single potential case.
"Fundamentally, what voters are deciding is: do they want judges who are more activist in the way that they apply their views on the Constitution, or do they want judges who are more deferential to the people of the state of Washington and the legislature?" Myers said.
Myers encourages voters to research candidates’ experience and judicial philosophies before casting their ballots.
"Don't let other people make your choice for you," Meyers said.
WA Supreme Court Position 4 candidates Birk, O'Donnell debate key issues
From high profile initiatives, social issues to public safety cases expected to reach the state's highest court in the future, the races for seats on the Washington State Supreme Court are getting a lot of attention and campaign dollars like never before. FOX 13's Hana Kim moderates a debate between Position 4 candidates, Judge Ian Birk and Judge Sean O'Donnell.
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The Source: Information in this story came from the Washington Policy Center and FOX 13 Seattle reporting.