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Home  /  Washington Business - September/October 2004  /  AWB Endorses Madsen, Sanders and Johnson for the Washington Supreme Court
AWB Endorses Madsen, Sanders and Johnson for the Washington Supreme Court
Written On: September/October 2004
Written By: Compiled by AWB Staff
In its first-ever endorsements for state Supreme Court races, the Association of Washington Business (AWB) has officially gotten behind Barbara Madsen, Richard Sanders and Jim Johnson. Madsen and Sanders are seeking re-election while Johnson, an Olympia attorney, wants to fill the vacancy left by retiring Justice Faith Ireland.

“Today, court decisions often have more impact on employers than government regulations or legislation,” AWB President Don Brunell said. “That’s why it’s more important than ever for job providers to educate themselves on the issues and legal philosophies of those who hope to make the decisions.”

AWB’s announcement caps a thorough process whereby candidates for the Supreme Court responded to questionnaires and were interviewed by AWB’s Legal Affairs Committee. The committee’s recommendations were then approved by the association’s Executive Committee and ultimately the entire AWB Board of Directors. “With the exception of a few dissents, the Board voted overwhelmingly for the endorsements,” Brunell added.

The records of incumbent Supreme Court justices on issues of interest to the employer community were also scrutinized in AWB’s 2004 Judicial Scorecard and Guide to the Washington Supreme Court, which will be published in this issue of Washington Business Magazine (see insert).

“What we were looking for in evaluating candidates was predominately a sense that the candidate’s judicial philosophy showed a sensitivity to the way in which our legal climate impacts our business climate,” said AWB General Counsel Kris Tefft, who directed the endorsement process. “In addition, we looked for a strong, viable campaign and ultimately, a sense that the business community could get a fair hearing before this person.”

Justice Barbara Madsen Scores Highest in AWB Ratings

Justice Barbara Madsen was endorsed for re-election largely on the strength of her 68 percent ranking on AWB’s 2004 Scorecard. “She is the highest ranking Justice on the Court,” noted Tefft. “Although we’d like to see Justice Madsen be more sensitive to our legal concerns in environmental law cases, her record shows even-handedness and restraint on a number of issues critical to us, like civil liability and employment law.”

With respect to Justice Richard Sanders, AWB would agree with its partner in lawsuit abuse (tort) reform. The Liability Reform Coalition does not support Sanders because of his record on liability cases. In AWB's Scorecard, Sanders scores 36 percent in liability reform cases and has a 14 percent mark on workers' comp cases. “His record in these two important areas is very problematic and causes us a great deal of consternation,” Brunell stated.

Yet AWB endorses Sanders because of his overall record on employer issues. He has a 63 percent overall rating making him the third-highest ranked justice. “Sanders, who campaigns as a champion of civil liberties and individual rights, has exhibited a judicial philosophy very consistent with the views of the employer community in areas such as property rights and taxation,” Tefft said. In those areas, Sanders has a 100 percent and 88 percent rating respectively on AWB’s Scorecard.

While Supreme Court judges cannot be lobbied like legislators, AWB frequently weighs in with amicus curiae (“friend of the court”) briefs in important cases before the Supreme Court to showcase the concerns of the employer community. “By putting together our scorecard, it shows those on the Supreme Court how important those issues are to those who provide the jobs and tax revenues to our state,” Brunell said.

Olympia attorney Jim Johnson was endorsed over a crowded field of candidates seeking to replace retiring Justice Faith Ireland. Many of the candidates in that race, like Johnson, are extremely well qualified to sit on the Court.

“If elected, Johnson will bring a fresh perspective and needed experience to the Court,” remarked Tefft. “He has tried cases in every county in the state and been in every level of court in our state and federal system. His long-standing and usually successful representation of business issues and interests shows he has an excellent grasp of the dynamic interplay between our legal and business climates,” Tefft said.

Brunell concluded that AWB hopes its members and those looking at the Association’s judicial scorecard will be more informed when they vote this year.