Judge Robert Utter

DIVISION I, POSITION 6

August 18, 1969–December 19, 1971

Appointed by Governor Evans; Resigned to accept appointment to Supreme Court

Judge Utter graduated from the University of Washington, School of Law in 1954 and clerked for the Honorable Mathew Bill from 1954 to 1955. He then served as a deputy for the King County Prosecutors Office until 1957, when he went into private practice until 1959. Judge Utter was appointed as Court Commissioner of the King County Superior Court in 1959 and served through 1964, at which time he was elected to the King County Superior Court. When the Court of Appeals was founded in 1969, Judge Utter received his appointment from Governor Evans.

In the 30th Anniversary yearbook, Judge Utter stated that “it was an exciting time made so not just by the fact of starting a new court, but also due to the excellent lawyers appointed to the court.” He was a colleague of Judge James; Judge Horowitz had been an endorser in his 1964 Superior Court election; and Judge Farris was a friend from their days of mutual interest in the King County Juvenile Court. Judge Utter also had worked on various committees with Judge Stafford from Mount Vernon who he knew to be an excellent judge. Judge Utter became acquainted with Judge Swanson, who he recalled was “an excellent fit with the group.”

Judge Utter recalled:

The stage was set for a compatible court, a tradition that continues to this day. The three judge panels provided for informed joint work, with preconference discussions a welcome opportunity to explore where important issues could be clarified in oral argument. The initial work load was heavy with many complex cases as the court took most of the backlog from the Supreme Court. It was a privilege to serve with all members of the court.

Judge Utter also remembered becoming better acquainted with Judge Horowitz, who he described as “an exceptional scholar with a heart as large as his remarkable mind.” He told the story about Justice Horowitz being a Rhodes Scholar at Oxford and graduating with a first in Roman law. “When he was told of his selection to Oxford, he was also informed his classes in Roman law would be taught in Latin, a subject he had not studied. In the three months intervening between his selection and the start of school, he mastered the language.” After leaving the Court of Appeals, Judge Utter reported he later had the honor to serve with Judge Horowitz on the Supreme Court for six years.

Judge Utter’s final thoughts in the 30th Anniversary Yearbook were, “The experience with three judge panels provided the optimum opportunity to share thoughts and exchange views with the other judges. It afforded the opportunity to produce focused opinions that could explore the issues thoroughly and yet still be concise.”

Judge Utter died at his home in Olympia, Washington on October 15, 2014.