Washington Courts: News and Information

Retired Washington Supreme Court Justice Mary E. Fairhurst passes away at 64

Retired Washington Supreme Court Justice Mary Elizabeth Fairhurst, who served on the Court from 2003 to 2020, died peacefully surrounded by her family in Olympia on the evening of December 28th. She was 64 years old.

Fairhurst retired from the Supreme Court in January of 2020, with one year left on her term as Chief Justice. “It is with a clear head and a sad heart that I have made the decision that it is time for me to leave the Court,” she said in her announcement. “It has been my honor and privilege to serve as a justice of this court since 2003, particularly as the Chief Justice for the past three years. I am so proud of the work we’ve done as a branch during this time and feel the time is right to focus on my health.”

In her “State of the Judiciary” address in 2019, Fairhurst announced she was once again fighting cancer, a third round since initial diagnosis of colon cancer in 2008. She continued to work while undergoing chemotherapy. 

“I want to remind you that time is precious. For whatever reasons, this is our individual and collective time and place. It is when and where we are serving,” Justice Fairhurst said in her address to a joint session of Washington lawmakers in January, 2019. “None of us know how many days we have to make a difference. This is especially true for me.”

Fairhurst announced the return of her colon cancer and stated that she would continue working. “I still believe in miracles,” she said. “As Albert Einstein said, there are only two ways to live your life. One is as though nothing is a miracle, and the other is as though everything is a miracle. Everything is a miracle. Every day is a miracle. Let’s not waste the days we have. Working individually and together, on behalf of those we faithfully serve, we can and are making a difference.”

Inspiring, authentic and kind: Washington Justices on Their Colleague and Friend

“Chief Justice Fairhurst was an inspiration to everyone. She was always positive yet with both feet on the ground,” said Chief Justice Steven González. “We are grateful for her leadership and for the time she shared so generously with all of us and send our condolences to her entire family.”

“Justice Fairhurst possessed an incredible inner strength and maintained a positive attitude and a genuine concern and empathy for others less fortunate,” said Associate Chief Justice Charles W. Johnson.

"Mary believed in public service, but she believed more in knowing each person she served. For Mary, service had names and faces,” said Justice Barbara Madsen. “She believed in goodness, beauty, purpose, and love. Life has been better for a lot of people because Mary cared about them.”

“Not only was Mary a great attorney and Justice, but she was always one of the kindest people I know. Undoubtedly she was the most sincere — and surely — the most fun with whom to laugh,” said Justice Susan Owens.

“Mary was the most authentic, loving person I have ever known. She truly made no distinction between her work life and her home life in terms of values and personal philosophy — she was a friend to everyone she met,” said Justice Debra Stephens. “I’m reminded of the saying that, ‘justice is what love looks like in public.’ Mary embodied that, and she was a brilliant justice because she understood that working for justice is an act of love.”     

“Mary stands out as a beacon of hope, caring, and healing — qualities we so desperately need all the time, but especially now.  I am so sorry that we lost her big heart, her inclusion of all of us in the judicial branch as family, and her leadership in upholding the quality and independence of the judicial branch,” said Justice Sheryl Gordon McCloud. “And I am tragically sorry to have lost her personal advice to me about hopefulness, openness, collegiality, and kindness. So, to try to learn from Mary’s teaching, I should also say:  what wonderful gifts Mary gave me!  She could fill me with hope when I was down, compassion when I was angry, appreciation for a different point of view when I was stubborn, and connection with community when I was alone.  Also a good drink when I was thirsty! Thank you for everything, Mary.”

“Mary was among the most courageous and loving individuals I have known; her courageous opinion on behalf of LGBTQ+ families was historical and it has never been forgotten,” said Justice Mary Yu. “Mary’s miracle was granted so many times in her lifetime and I am just grateful to have had extra time with her to laugh, break bread, and to tell stories of love and travel.  We shall miss her, but those who loved her know that we must carry forward her spirit of optimism and joy.”

“Chief Justice Fairhurst welcomed me to the bench with her trademark grace, trust and love,” said Justice Raquel Montoya-Lewis.  “I will be forever grateful for her kindness and her commitment to justice.”

“Mary meant the world to me and all the staff at the Supreme Court,” said Cindy Phillips, her assistant for more than two decades.  “The best decision I ever made was to say yes when she asked me to work with her at the Court. I learned from her every day.”

Many Firsts and the Starfish Story

Fairhurst’s life and legal legacy was recently featured in the Secretary of State’s Office’s “Ahead of the Curve” exhibit, highlighting extraordinary women in Washington State history.

A magna cum laude graduate of Gonzaga Law School, she was the youngest ever president of the Washington State Bar Association. Her election to the Court in 2002 also created the court’s first female majority.

Prior to retirement she was honored at the United States Supreme Court in Washington D.C. at the Inns of Court celebration of excellence award ceremony hosted by U.S. Supreme Court Justice Neil Gorsuch.

Throughout her legal career, Fairhurst received numerous honors and awards for her dedication to public service, civics education, advancement of the legal profession and access to justice. 

Mary Fairhurst loved to tell a story about two strangers on a beach after a storm where there were hundreds of starfish on the shore. One of them was picking up individual starfish and throwing them back into the ocean. The other approached and asked why. “You can’t possibly make a difference. There are so many.” The first picked up another starfish and threw it into the ocean and replied, “Made a difference to that one.”

“We do make a difference every day,” Mary told state lawmakers in her 2019 address. “We make a difference individually and collectively. We make a difference by what we do and by what we don’t do. And we make a difference by how we do it. Every day we get to decide what difference we make…To understand that we hold in our hands the power to change a circumstance, a mind or a life today, right now, is incredible. And we each have that power.”

Mary spent her days in retirement with the love of her life, Bob Douglas, her six siblings and large, loving family in Olympia, Washington. Celebration of Life details will be announced by the Fairhurst family.