Beyond deciding cases, Washington's Supreme Court also writes the rules of procedure for the entire state legal system — rules that govern how every courthouse operates and shape how justice reaches every Washingtonian.
When most Washingtonians think about the Supreme Court, they picture nine justices deliberating on major cases: interpreting the Constitution, resolving disputes that have worked their way up through the system. That picture is accurate. But it is only half the story.
Under authority established in state law, the Washington Supreme Court also sets all of the rules of procedure for the entire state legal system, writing and revising the rules that govern how every courthouse and every case operates. From the evidence a judge may admit, to how criminal defendants are treated before trial, to what qualifications a public defender must meet, these rules shape the delivery of justice for every Washingtonian.
This rulemaking authority is one of the most powerful and least understood functions of the Court. Most of these decisions are made with little public awareness; they don't generate headlines. But they determine, in very practical terms, whether the rules protect people — or fail them.
Court rules set by the Supreme Court shape every experience every Washingtonian has with the justice system. They also affect you and your community.
The Court sets when an accused person can be held before trial, what conditions a judge may impose, and what factors courts may consider — in every criminal court in all 39 counties.
Many of the Court's decisions have weakened our criminal justice system because they lack the perspective needed to understand the impact of their decisions.
Caseload limits, minimum qualifications, and resource requirements for attorneys representing those who cannot afford private counsel — defining what "effective representation" actually means.
The Court has created huge problems for our state with their decisions on public defense standards that have made the crisis worse. Dave has developed actual solutions in his paper, A Path Forward to Sustainable Public Defense Services.
Bar exam requirements, passing scores, character and fitness standards, and alternative licensure pathways.
When the Court changes these rules, it changes who can practice law in Washington. It also directly affects the quality of legal services that are needed by you and your neighbors. The Court is concerned about making it easier to become a lawyer and Dave is concerned about the quality of legal services you will receive.
Everything that happens in litigation and when it happens is controlled by these rules.
The complexity and expense of litigation is directly tied to these rules. The Court has worked hard to maintain the status quo and Dave wants litigation to actually solve problems for people and for litigation to be simpler and less expensive.
What testimony, documents, and exhibits a judge may admit in court. Every trial in Washington — criminal, civil, family — is governed by the Court's Evidence Rules.
Everything from disability accommodations to public access to court records to how the appellate system handles appeals. The administrative backbone of Washington's entire justice system.