Washington Courts: Press Release DetailFormer Washington Supreme Court Justice Robert F. Utter passes away at 84October 16, 2014
Former Washington Supreme Court Justice Robert F. Utter passed away Wednesday evening at his home in Olympia, according to members of his family. He was 84.
Utter served on the state Supreme Court from 1971 — at age 41, one of the youngest justices in state history at that time — until his resignation in 1995 out of protest over the use of the death penalty in Washington. A Seattle native, he graduated from West Seattle High School, the University of Washington and the UW School of Law.
“Sadly, this state has lost a champion for justice,” said Supreme Court Associate Chief Justice Charles Johnson, who served on the Court with Utter from 1991 to 1995. “Justice Utter will be remembered as a strong proponent of protecting individual rights and for establishing a foundation for basic fairness and equal treatment for all, principles that continue to guide judicial decisions and administration of the justice system today.”
After law school, Utter worked as a law clerk for state Supreme Court Justice Matthew Hill, then briefly joined the King County Prosecutor’s office and worked in private practice before working as a King County Superior Court commissioner in juvenile court. He was elected to the King County Superior Court in 1964 and then in 1968, Governor Dan Evans appointed him to the newly created Court of Appeals (serving Division I in Seattle). When a vacancy arose on the state Supreme Court in 1971, Evans appointed Utter to fill the slot.
He served as Chief Justice from 1979 to 1981 and helped establish a judicial qualifications commission now known as the Commission on Judicial Conduct (CJC). The CJC is an independent watchdog agency responsible for investigating complaints against judges and for discipline recommendations when judicial officers violate the Code of Judicial Conduct.
Utter resigned from the Court in 1995, saying he could no longer participate in a judicial system that takes human life. He said the death penalty system “is fatally flawed…[it] strikes some but not others in a way that defies rational explanation.”
Both before and after his service on the Court, Utter was an advocate for youth. He co-founded Big Brother of Seattle in 1958 and left a lucrative law career to serve as juvenile court commissioner for King County Superior Court, hoping “the courts could be brought to bear in a positive way to deal with the troubles of youth,” according to biographer Charles H. Sheldon, author of “The Washington High Bench.” During and after his tenure on the Court, Utter was deeply involved in the YMCA Youth & Government program, which operates a statewide Mock Trial competition and statewide Youth Legislature program to teach high school students about government and the courts. In 1997, the Youth & Government program named its highest award the “Robert F. Utter Award.” It is presented annually to "an individual of unquestionable integrity who exemplifies outstanding citizenship, leadership and character."
Utter was in poor health and receiving hospice care at his home when he passed away Wednesday night. Information on memorial services will be announced at a later time.
For more information, contact: Justice Charles Johnson; Lorrie Thompson, (306) 705-5347; Lorrie.Thomspon@courts.wa.gov.
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