Barrier-breaking Justice Mary Yu retires from WA Supreme Court

Washington Gov. Bob Ferguson has described her as ‘a historic figure in our state and a trailblazer in many ways,’ and on Dec. 31, Washington Supreme Court Justice Mary Yu officially hung up her robe and retired.

"I am feeling good," Justice Yu said. She sat down with FOX 13 as she reflected on her time on the bench.

"It was time now to step back after 25 years as a judge and not be afraid to turn it over to the next generation," Yu said. She said 25 was the magic number. "After being a judge for 25 years and being in public service for 32 years, I thought to myself, it's okay to step back," she said.

A career rooted in social justice

The backstory:

Yu began her career in law more than three decades ago because she wanted to advance social justice. She shared that she pivoted toward the law after deciding that she needed to move away from trying to change people's hearts instead of getting people to do the right thing.

"The law does that, the law makes people do the right thing," she explained. 

First Asian American, Latina, openly gay justice on WA Supreme Court

In 2014, Justice Yu was appointed to the Washington Supreme Court. She was a trailblazer, as she became the first Asian American, first Latina and the first openly gay justice to serve on the Washington Supreme Court. 

"You know, it's almost intimidating – believe it or not – to be tagged with such a big word like ‘trailblazer’," Yu said. "I look back and say, you know, I just happen to be at the right place at the right time, and I was given an opportunity by others."

She adds, she also had great mentors. 

Cases that still stand out

Looking back, there are still some cases that stick with her, like a three-strikes case when she was a trial judge.

"It was a young woman who was homeless, and she had serious drug issues, and she happened to hold up a Subway store," Yu said. It was her third felony and, at that time, under the law, Yu was required to sentence her to life without the possibility of release. 

"As she stood in front of me, and I was imposing that sentence, to me, it just felt wrong. It felt unjust and yet, that's what the law required. That's what I had to do as a judge and I imposed that sentence," Yu said.

Years later, the law changed and Justice Yu was able to ask the judge at the time to give that woman a different sentence, which he did, and the woman was released. "Sometimes a judge gets to see some injustice corrected. I really believe that everybody is redeemable and that just proved that to be true," Yu said. 

The Tarra Simmons case and changing the law

While serving on the Supreme Court, Yu told FOX 13 that a case involving Tarra Simmons still stands out to her. Simmons is now a legislator, but before becoming a state representative, she was barred from taking the bar exam after her release from prison because she could not pass the ‘character and fitness’ requirement for admission.

"That is, if you have a prior criminal history, you couldn't practice," Yu said. Simmons appealed that decision. "I was lucky enough to write that opinion that removed that barrier," Yu said. It also went on to change the law across the country.

First same-sex marriage in Washington

However, it was the chance to marry the first same-sex couple in Washington that Yu calls one of the highlights of her career.

"When I look back, it was a magical moment: that at 12:01 a.m., we were going to marry the first same-sex couple under the law in the state of Washington," Yu said.

A moment on Jimmy Kimmel Live!

It was that moment that prompted Justice Yu's late night television debut on Jimmy Kimmel Live!

"I said to her, Who's Jimmy Kimmel? Apparently, there's a segment that he has that's about perfectly named people." Someone suggested Justice Mary Yu. "Somebody who marries other people, somebody who happened to be the judge who married the first same-sex couple in the state of Washington," Yu said.

Advice for the next generation – and what's next

As Justice Yu retires, she has some advice for the next generation to come: have confidence and trust in yourself. She said not believing in herself and having that confidence was one of the greatest challenges she faced in her career.

"I think that just comes with maybe being a woman in today's world or maybe a woman of color in today's world," she explained.

What's next:

As for what's next for the trailblazer, she said a little more sleep, some slowing down and reading more books that aren't briefs, but that's just the beginning.

"I would say what's next is that I get to exercise my voice in a different way. Right now, I exercise my voice, if you will, through written decisions. Come the new year, maybe I'll start to write to try to persuade public opinion in a different way," Yu said.

"We're at a fragile moment in our history, and our democracy is at risk, I think, because of how we are treating one another. So I guess I would be making a plea that we really restore civility, that we be kind to one another as human beings regardless of our differences, that we not be afraid to be compassionate and empathetic and loving regardless of our views."

The Source: Information in this story comes from a live FOX 13 interview with Washington Supreme Court Justice Mary Yu.

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