Washington Courts: Judicial News Report Detail

85th Justice Takes Supreme Court Oath

Surrounded by dignitaries, friends and family, newly-elected Justice Richard B. Sanders took a solemn oath to, “...faithfully and impartially discharge the duties of the office of justice of the Supreme Court of the State of Washington...” at an official induction ceremony held January 26 in Olympia’s Temple of Justice.

Sanders was presented to the court by long-time friend and trial lawyer, Jan Eric Peterson, and robed by his wife, Kathleen, and eight-year-old daughter, Laura.

Three others--retired Justice Robert F. Utter, Gov. Mike Lowry and state Sen. Pam Roach--offered comments in his behalf. A Catholic priest gave the invocation, a rabbi, the benediction.

The following was excerpted from the new justice’s acceptance remarks.

Judicial independence

“Sitting on this court is a great honor and a privilege bestowed by the voters of this state. Their verdict on this election day made me happy, but I will accept their verdict on election days to come, whatever it is. This is the price we pay for an independent judiciary, and one more testament to the wisdom of the founding fathers. I say it is well worth the price—whether the candidate of your choice wins or loses—popular election promotes independence in the judiciary.”

Legal rights

“I agree that recognition and protection of the legal rights of the least of us is essential to preserve the fabric of law for all the rest. Exceptions that seem expedient at the time, have a way of devouring the rule of law that should be there to protect all of us, all of the time.”

Men and women of the law

“The single constitutional qualification to sit on this court is to be a lawyer. That is not by coincidence... Lawyers are men and women of the law. They are also advocates for their fellow citizens. No man or woman should have to face this court or any court without a friend who is a lawyer by his or her side....the struggle for justice is never a battle easily won.

“The lawyer is a soldier armed with the facts, and with the law. He returns from the battle either with blood on his sword, or he is carried from the field on his shield. The lawyer asks no quarter, and he gives none. That is the adversary system which is designed to find the truth, and preserve the principle.

“...I am also a lawyer, as is every member of this honorable court and we are proud of it. We may not always be judges, but we will always be lawyers. We are therefore lawyers first, and we are lawyers last.”

Role of the Court

“Rabbi Lapin has agreed to deliver the benediction... the Rabbi has a radio show with a lead-in that follows: ‘The more that things change, the more we need to depend on those things that never change.’ I think that is a good way to describe the role of this court. This is a court of law. We do not hold trials nor do we find the facts. We are here to determine and apply legal principals. Our state constitution says a frequent recurrence to fundamental principals is essential to a free society. These principals enshrined in our constitution do not change because the word ‘constitution’ means ‘the nature of things.’ Right and wrong do not change, human nature does not change.

“We are guards at the gate of principal. If we do our job, these principals will not be lost nor will they be eroded by expedient compromise. We are liberals because we believe in liberty...we are conservatives because we are here to preserve it.”

WHAT OTHERS SAID

Justice Robert F. Utter (retired)

“[Justice Sander’s] deeply held convictions about the importance of due process as a component of personal liberty led him to bring to this court a challenge to the mental health system and processes of confinement. In In re: Harris, this court held the statutory procedure for detention of persons allegedly mentally ill, violated due process. We noted in that opinion... that this court was not prepared to abandon the possibility of conforming the law of involuntary civil commitment to the requirements to the constitution.

“What was this fragile idea of liberty that Justice Sanders fought so hard for then, and continues to fight for? It is the right to do what the law allows, subject to the constitutions of the United States, and the state of Washington. It is in those protections, that this court and Justice Sanders finds his highest calling and his highest challenge.”

Jan Eric Peterson, trial lawyer and long-time friend

“We have disagreed on politics for 30 years, arguing about social policy and the role of government, but we have absolutely defended the right of the other to speak and advocate those opinions.

“Richard is proud to be a lawyer, and he knows better than most the power of the trial lawyer to bring the issues of our times to the courts. Richard’s remarkable appellate record reflects a commitment to constitutional principles, individual freedom, the abhorrence of the abuse of power, and a healthy suspicion of the government.

“Madam Chief Justice, you don’t know what you are getting. A tireless hard worker, a man with an insatiable taste for debate, without fear of conflict, or dissent or unpopular positions. He did call his UW column the “Devil’s Advocate,” you know. Let me warn you of his passion for argument. He yields a sharp tongue, but it is often planted firmly in his cheek - the trick is to know when. The qualities of a good lawyer, serve equally well a jurist. Critical thinking, hard work, caring passionately about people and freedom, and the courage to engage the issues of our times.”

Gov. Mike Lowry

“Friends and family and supporters of Richard Sanders, this is a day that I know you are all very proud. This is a day of the joining of an outstanding court, by an attorney that has just been described as an outstanding legal scholar that will be bringing those attributes to this court.

“This court is a point of great pride for the people of the state of Washington. And the work that is done by this court is so very, very important. It is where we make sure that all individuals can expect justice. I know that your colleagues will welcome what you bring to this court in that regard.

“Also you are joining other people who have fine senses of humor. I did notice in the Pacific magazine, that you [Justice Sanders] were glad that your office window faced the mansion so that you could keep an eye on Lowry. I think it is very good to have members of the State Supreme Court that have a healthy appreciation of the separation of powers...”

Sen. Pam Roach

“As always, the Legislature watches the Supreme Court elections with a great deal of interest. Never before, however, have they looked at this race so carefully, and never with such awe. As a candidate, Richard Sanders captured the imagination of the citizens who have long felt a need for more constitutional government. A government restrained in its powers, a government who protects the rights of people. Justice Sanders is an inspiration and a promise, I believe, of things to come.”