The races with the biggest impact on the future of our state may not be for governor, superintendent of public instruction or the Legislature. The educational future of our state’s children will be in the hands of next year’s state Supreme Court.
There are three positions up this year. One of the most closely watched races involves Federal Way Municipal Judge David Larson, who is running against incumbent Supreme Court Justice Charles Wiggins.
Despite their importance, races for the state Supreme Court are usually low-key affairs where voters know little of the candidates. The positions are non-partisan, and voters tend to rely on endorsements and judicial ratings to determine how to cast their ballot. And while those will still influence voters’ deliberations, the candidates’ positions on education, the court’s requirements of the legislature due to the McCleary decision, and the potential overturning of voter-approval of charter schools, along with the associated partisan politics, have come to dominate the dialogue.
By way of background, the state Legislature has been found in contempt of the Supreme Court’s order to fully fund basic education in the McCleary case and is being fined $100,000 per day until they meet the court’s requirement. Not surprisingly, Democratic and Republican state legislators have different views of what “fully fund” and “basic” means, and they disagree even on the role of the court.
Democrats want education funded at a higher level than Republicans, and they do not want to do so by cutting state services they feel are necessary. They view new revenue as an option. Republicans would prefer to cut money from other budget items and redirect it to education. It’s a significant battle of competing philosophies with corresponding political support groups choosing sides. Teachers typically support Democrats, and Republicans may not see value in helping a group that is likely to support their election opponents. Republican supporters, meanwhile, are against almost any form of tax increase.
Political pundits say it’s likely that Democrat Jay Inslee will be re-elected governor, but the Legislature may remain divided with Republicans in control of the state senate and Democrats in control of the state house. In that case, education could remain in a deadlock. However, Republicans saw another option: Elect Supreme Court justices that might be more favorable to their point of view. Conversely, Democrats want to re-elect the incumbents since they support the court’s decision. After the McCleary decision, the Supreme Court retained jurisdiction over the matter to ensure compliance – it cited a case from the 1970s in which they didn’t do so, and this time they wanted to make sure the Legislature followed through. Democrats believe the court’s opinion is valid and that it properly interpreted the law. Republicans have argued that the court overstepped its bounds and cannot hold a separate branch of government accountable, saying that doing so is the job of the electorate.
There are three contested seats in play this fall, and at least two of the challengers were recruited by Republicans: incumbent Chief Justice Barbara Madsen is being challenged by Kittitas County Prosecutor Greg Zempel, while Justice Mary Yu is being challenged by Gonzaga professor David DeWolf. Larson, as mentioned, is challenging Wiggins.
Larson says he supports the McCleary decision, but he disagrees with the court finding the Legislature in contempt and with its overturning of the charter school approval. However, Larson doesn’t count himself as part of the team recruited to run against the incumbents, even though he shares some of their reasoning.
Wiggins was elected in 2010 and is from Bainbridge Island. His local resume reads much like Larson’s, with both active members of good causes in their hometowns. Wiggins won an award from Habitat for Humanity in 2010 after he helped organize the building of two homes in 2001 and 2009 for single mothers. Municipal Court Judge David Larson is well-known in Federal Way, where he’s been active in many parts of the community and previously served on the school board. He is an advocate for women in the fight against domestic abuse. Larson has tried to broaden the debate to include topics other than education.
Wiggins has the advantage of being the incumbent and has raised $127,921, spending $49,714 to date. Wiggins’ endorsement list includes many big-name Democrats, including former Federal Way state Sen. Tracey Eide, along with a significant number of judges and attorneys and a high-profile Republican: former Secretary of State Ralph Munro. Wiggins’ rating from the King County Bar Association is “Exceptionally Well Qualified.”
As the underdog, Larson faces an uphill battle: He’s raised only $38,556 and has spent $10,319. Larson has not been interviewed by the King County Bar Association yet. Larson previously served as a Republican Precinct Committee officer. Not surprisingly, his big-name supporters are typically Republican and include all three of the 30th District legislators. However, to win, Larson knows he has to broaden his appeal. He is endorsed by Democratic state Rep. Roger Goodman and has reached out to Democratic groups for their endorsements. Although Wiggins has received the endorsements of most Democratic groups, Larson did get a dual endorsement with Wiggins from the 30th District Democrats here in Federal Way (there was, although, some controversy over that endorsement).
The three incumbents would all appear to be the front-runners, but there are still several weeks of campaigning ahead. However, even if the three challengers were to prevail, it wouldn’t change the court overnight as both the McCleary decision and the decision to overturn the charter schools vote came on 9-0 votes. But a change in the court to 6-3 might provide enough political leverage for Republican legislators to argue that the public no longer supports the court’s decision, thus changing the dynamics of both the Legislature and the court.
Whether you are Republican, Democrat or Independent, these races could have a much bigger impact than usual. Do your homework.
Federal Way resident Bob Roegner is the former mayor of Auburn. He can be reached at bjroegner@comcast.net.
