Washington court system
Encyclopedia
In Washington, there are several different state courts. Judge
s are elected and serve four-year or six-year terms. Most judges first come to office when the governor of Washington appoints them after a vacancy is created - either by the death, resignation
, retirement
, or removal of a sitting judge, or when a new seat on the bench is created by the Washington State Legislature
.
is the state supreme court
of Washington. It is the highest court
in the state and is based in the Temple of Justice at the Washington State Capitol
campus in the state capital of Olympia
.
Almost all the cases that the Court hears are appeal
s from the decisions of the Washington Court of Appeals
. The court has discretionary jurisdiction
, meaning it may choose which cases to hear. The court has original jurisdiction
over a small number of cases. These original cases are mostly known as "writ
" or "mandamus
" actions to force a state official to do or not do an official act of government.
The Washington Supreme Court consists of a chief justice
and eight justices, who are elected in nonpartisan
elections and serve six-year terms. Terms are staggered so that three justices are elected every two years. There is a mandatory retirement age of 75.
has three divisions, based in Tacoma, Seattle, and Spokane
. This court considers appeals in civil and criminal cases that are appealed from Superior Courts.
An appeal to the Court of Appeals is a matter of right - unlike the Washington Supreme Court, which has discretionary jurisdiction, the State Court of Appeals has mandatory jurisdiction - it must hear all civil and criminal appeals that are filed with the court. Court of Appeals judges are elected and serve six-year terms.
s, one in each of Washington's 39 counties. Superior Courts are the trial court
s of general jurisdiction
in Washington. They consider civil matters (including divorce
s, child custody
, and lawsuit
s in which the amount in controversy
is more than $50,000) and holds trial
s of felony
cases. They act as a court of appeal for civil and criminal misdemeanor
cases from District Court
s.
Superior Court judges are elected and serve four-year terms.
. These are courts of limited jurisdiction
that hear small claims
(civil suits with an amount in controversy less than $50,000, and trials of misdemeanor
crimes with a maximum sentence of one year or less in county jail. District Court judges are elected and serve four-year terms.
Counties with large cities or towns have Municipal Court. Municipal Court judges are elected or appointed by mayor
s or city council
s and serve four-year terms. Municipal Courts are courts of limited jurisdiction courts that consider only non-criminal traffic citations
and trials of misdemeanor
crimes with a maximum sentence of one year or less in county jail.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s are elected and serve four-year or six-year terms. Most judges first come to office when the governor of Washington appoints them after a vacancy is created - either by the death, resignation
Resignation
A resignation is the formal act of giving up or quitting one's office or position. It can also refer to the act of admitting defeat in a game like chess, indicated by the resigning player declaring "I resign", turning his king on its side, extending his hand, or stopping the chess clock...
, retirement
Retirement
Retirement is the point where a person stops employment completely. A person may also semi-retire by reducing work hours.Many people choose to retire when they are eligible for private or public pension benefits, although some are forced to retire when physical conditions don't allow the person to...
, or removal of a sitting judge, or when a new seat on the bench is created by the Washington State Legislature
Washington State Legislature
The Washington State Legislature is the state legislature of the U.S. state of Washington. It is a bipartisan, bicameral body, composed of the lower Washington House of Representatives, composed of 98 Representatives, and the upper Washington State Senate, with 49 Senators.The State Legislature...
.
Supreme Court
The Washington Supreme CourtWashington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
is the state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
of Washington. It is the highest court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in the state and is based in the Temple of Justice at the Washington State Capitol
Washington State Capitol
The Washington State Capitol or Legislative Building in Olympia is the home of the government of the state of Washington. It contains chambers for the Washington State Legislature and offices for the governor, lieutenant governor, secretary of state and treasurer and is part of a campus consisting...
campus in the state capital of Olympia
Olympia, Washington
Olympia is the capital city of the U.S. state of Washington and the county seat of Thurston County. It was incorporated on January 28, 1859. The population was 46,478 at the 2010 census...
.
Almost all the cases that the Court hears are appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from the decisions of the Washington Court of Appeals
Washington Court of Appeals
The Washington Court of Appeals is the intermediate level appellate court for the state of Washington.The court is divided into three divisions. Division I is based in Seattle, Division II is based in Tacoma, and Division III is based in Spokane....
. The court has discretionary jurisdiction
Discretionary jurisdiction
Discretionary jurisdiction is a legal term used to describe a circumstance where a court has the power to decide whether to hear a particular case brought before it...
, meaning it may choose which cases to hear. The court has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over a small number of cases. These original cases are mostly known as "writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
" or "mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
" actions to force a state official to do or not do an official act of government.
The Washington Supreme Court consists of a chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and eight justices, who are elected in nonpartisan
Nonpartisan
In political science, nonpartisan denotes an election, event, organization or person in which there is no formally declared association with a political party affiliation....
elections and serve six-year terms. Terms are staggered so that three justices are elected every two years. There is a mandatory retirement age of 75.
Court of Appeals
The Washington Court of AppealsWashington Court of Appeals
The Washington Court of Appeals is the intermediate level appellate court for the state of Washington.The court is divided into three divisions. Division I is based in Seattle, Division II is based in Tacoma, and Division III is based in Spokane....
has three divisions, based in Tacoma, Seattle, and Spokane
Spokane
Spokane is a city in the U.S. state of Washington.Spokane may also refer to:*Spokane *Spokane River*Spokane, Missouri*Spokane Valley, Washington*Spokane County, Washington*Spokane-Coeur d'Alene-Paloos War*Spokane * USS Spokane...
. This court considers appeals in civil and criminal cases that are appealed from Superior Courts.
An appeal to the Court of Appeals is a matter of right - unlike the Washington Supreme Court, which has discretionary jurisdiction, the State Court of Appeals has mandatory jurisdiction - it must hear all civil and criminal appeals that are filed with the court. Court of Appeals judges are elected and serve six-year terms.
Superior Court
Washington has 39 Superior CourtSuperior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
s, one in each of Washington's 39 counties. Superior Courts are the trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
in Washington. They consider civil matters (including divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
s, child custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, and lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s in which the amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
is more than $50,000) and holds trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
s of felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
cases. They act as a court of appeal for civil and criminal misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
cases from District Court
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
s.
Superior Court judges are elected and serve four-year terms.
District Courts and Municipal Court
Each of Washington's 39 counties also has a District CourtDistrict court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
. These are courts of limited jurisdiction
Limited jurisdiction
Limited jurisdiction, or special jurisdiction, is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc....
that hear small claims
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
(civil suits with an amount in controversy less than $50,000, and trials of misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
crimes with a maximum sentence of one year or less in county jail. District Court judges are elected and serve four-year terms.
Counties with large cities or towns have Municipal Court. Municipal Court judges are elected or appointed by mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
s or city council
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
s and serve four-year terms. Municipal Courts are courts of limited jurisdiction courts that consider only non-criminal traffic citations
Traffic court
Traffic court is a term that refers to a municipality's specialized judicial process for handling traffic ticket cases. In the United States, a person who is given a citation by a police officer can either plead guilty and pay the indicated fine directly to the court house, by mail, or in some...
and trials of misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
crimes with a maximum sentence of one year or less in county jail.
External links
- Official website of the Washington court system