PORT LUDLOW — The state Supreme Court is at a crossroads, and those elected this year will shape policies for years to come, said candidates at a forum last week.
“This is a critical time for the court,” said Bruce Hilyer of Seattle, a King County Superior Court judge who is running for Position 9, vacated by the retirement of Justice Tom Chambers.
“It is rare to have an open seat on the court, and we need to take this election very seriously,” Hilyer added.
“The great thing about being a judge is that you are challenged to hear things from different points of view, so we need to elect people who are fair and thoughtful.”
Hilyer was one of six of the nine candidates for three positions on the state’s highest court who addressed about 35 people at the Port Ludlow Beach Club on Thursday night.
During the two-hour forum, the candidates — all of whom touted their accomplishments and endorsements — spoke on a variety of topics, including diversity, judicial activism and the role of the court.
Arlington attorney Scott Stafne — who along with Seattle attorney Douglas McQuaid is challenging Justice Susan Owens, a former Forks District Court judge, for the Position 2 seat — told the gathering that he achieves diversity through his sexual orientation.
“As a white man, the only way I could be diverse were I to be of a different sexual orientation, which I am,” he said.
“I don’t say that other than to let you know what it’s like to be discriminated against, and all my life, I have spent working for the underdog and on behalf of minorities.”
On his blog, www.scottstafne.com, Stafne referred to the Port Ludlow forum and said: “When I was asked about diversity, I stated I was a gay man.”
Attendance
All four candidates for the Position 9 seat were in attendance.
In addition to Hilyer, former Justice Richard Sanders of Olympia, Tacoma attorney John Ladenberg and Kitsap County attorney Sheryl Gordon McCloud attended.
Stafne was the only candidate personally present for the Position 2 seat. Owens had said she would not attend but would have a representative.
Justice Charles Johnson attended the first part of the meeting and spoke on Owens’ behalf, leaving before the questioning began.
Owens is expected to address attendees of the Port Angeles Regional Chamber of Commerce at noon Monday in the second-floor meeting room of the Red Lion Hotel, 221 N. Lincoln St.
Also expected to attend that meeting are Position 9 hopefuls McCloud, Hilyer, Ladenburg and Sanders.
McQuaid had said he would attend the forum but did not appear.
Position 8
Justice Steve Gonzalez, who was appointed to fill the unexpired term of Judge Gerry Alexander, was the only Position 8 candidate present.
His opponent, Port Orchard attorney Bruce Danielson, did not acknowledge an invitation to the event, according to its organizers.
Gonzalez, who said he has never met his opponent, expressed frustration about the situation.
“I’m surprised that he doesn’t show up and am amazed that anybody would pay a $1,660 filing fee and not do everything they can, at least for free, to try to publicize their campaign,” Sanders said.
Danielson did not respond to calls requesting comment.
Said Gonzalez: “As many lawyer jokes as there are out there, being a lawyer is a noble profession.
“We need to have the courage to speak for people who don’t have a voice.
“Diversity has defined me,” Gonzalez said.
“I will be the only person ever elected in a statewide office in Washington with an ethnic surname. That’s what I’ll accomplish if I win.
“I’m motivated by these issues and want to be a role model for young people.”
Position 2
Owens stands out as one of the best of the 22 colleagues Johnson has had during his 22-year tenure on the state Supreme Court, Johnson said.
“She is bright, well-intentioned, thoughtful and compassionate, and takes her job very seriously,” Johnson said.
“She has a high degree of common sense that is very refreshing, that she wears on her sleeve.”
Stafne said: “I think the system is failing, and Susan Owens has been a part of that system, and I don’t think she knows what it’s like to be a litigant.
“Our country is changing and has changed, and we need to make sure that our moral values are in place and that cases are decided fairly, correctly and in accordance with the law.”
Position 9
Said McCloud, running for Position 9: “We need to have a Supreme Court that we can all be proud of, where we get decisions we can understand and we can all say, ‘I agree with it,’ or, ‘I disagree with it, but I respect the decision.’
“The role of the court is to apply the Constitution, the laws and the facts of the case even if the results aren’t going to be popular.
“You need to look for someone who has a track record and will be independent, not worry about whether the papers are going to editorialize against them if they make an unpopular decision,” McCloud said.
Said Hilyer, another candidate for Position 9:
“As a judge, I’ve found that the cases that I’ve agonized over the most are the child-custody cases.
“The court has the authority to terminate the relationship between parent and child, and this can be like a death sentence for parents.
“The kids may be in an awful situation, but in many cases, they still love the parents, but the decisions are very difficult.”
Sanders described the issue of diversity as a “red herring.”
“Every human being is unique,” he said.
“What is most important is the individual, and the most important trait in a justice is the protection of individual rights.
“When electing a judge to the Supreme Court, the most important question you need to ask is whether this candidate will protect your individual rights.
“What would it feel like for this candidate to be the only one in an 8-to-1 decision? I’ve been in that position several times, and I was proud to stand up for the rights of the individual even though I stood alone.”
Said Ladenburg: “I have a narrow idea of judicial activism, which is someone who sees only one side of an issue, and you can always predict how they are going to rule.”
Ladenburg described the state Supreme Court as “the last secret society in government.”
“I’m the only one up here who is talking about changing things in the court system because I’m an outsider, and I’m willing to rock the boat,” he added.
Ladenburg said two of the races could be decided in the primary, referring to Positions 2 and 8, “and they should be decided in the general election.
“I’m the only one who’s willing to change that.”
In a judicial primary, any candidate who receives more than 50 percent of the vote will skip the general election.
In Position 9, with four candidates, it is unlikely that one candidate would earn a majority.
The primary is Aug. 7. The general election is Nov. 6.
Ballots will be mailed to voters Wednesday.
The forum was sponsored by the League of Women Voters, the American Association of University Women and the Port Townsend/Jefferson County Leader.
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
