Washington Courts: Press Release Detail

Washington Supreme Court appoints new Commissioner to serve as ‘gatekeeper’

Road to Supreme Court runs through Commissioner’s office

Michael E. Johnston has been appointed new Washington Supreme Court Commissioner by the justices of the Court, replacing retired Commissioner Narda Pierce. Johnston has served as lead staff attorney in the Commissioner’s office for 10 years and has served as a judge pro tem — a part-time, appointed judge — for the Thurston County District Court since 2012.

The position of Supreme Court Commissioner was created in 1976 and serves as what can be termed a “gatekeeper” for the Court, reviewing and analyzing hundreds of petitions and motions that come to the Supreme Court each year. The office has a primary role in determining which cases meet the criteria to be reviewed by the full Court.

Johnston will serve as only the fifth Supreme Court Commissioner in state history. He will begin his new position on August 16, 2017.

“Michael has pro tem judicial experience and has demonstrated that he is committed to making tough decisions in a timely fashion. He has been involved in many rulings as lead staff attorney and knows well the work and staff of the Supreme Court Commissioner’s Office,” said Chief Justice Mary Fairhurst.  “Michael was chosen by the Selection Committee from three very well-qualified finalists.”

The Commissioner heads a central staff of attorneys and professional staff who assist in carrying out the duties of the office, such as examining the large volume of petitions for review (“appeals”) filed with the Court each year, examining whether the legal questions in the cases meet criteria for review, making recommendations for acceptance or denial based on that research, and providing enough information and analysis of the cases for Supreme Court justices to work efficiently. The Commissioner also serves as a judicial officer who makes rulings on hundreds of motions each year in relation to discretionary review of Court of Appeals decisions, original actions filed against state officers, and personal restraint petitions filed by prisoners.

“I am deeply humbled to be selected for this important position. The Supreme Court Commissioner’s Office is an essential resource for the Court, the legal community and the citizens of Washington,” Johnston said. “The demands of the office require teamwork, attention to detail, superior legal research and writing, in-depth knowledge of court rules and functions, and strict adherence to deadlines. I am looking forward to taking leadership of such a well-functioning office of outstanding professionals dedicated to the office’s mission of assisting the Court in promoting the effective administration of justice.”

Johnston is a graduate of the University of Washington and the Gonzaga University School of Law. Prior to his work with the Commissioner’s Office and his work as pro tem judge, he worked with the Washington Attorney General’s Office, and served as a law clerk for Washington Court of Appeals judges Stephen M. Brown and Karen G. Seinfeld.

CONTACTS:  Lorrie Thompson, (360) 705-5347, Lorrie.Thompson@courts.wa.gov; Michael Johnston, (360) 357-2057, Michael.Johnston@courts.wa.gov; Wendy Ferrell, (360) 705-5331, Wendy.Ferrell@courts.wa.gov.