Mary Fairhurst
Mary E. Fairhurst was a justice on the Washington Supreme Court from 2003 to 2020. She was first elected by voters in 2002 and was re-elected in 2008 and 2014.[1][2] She retired January 5, 2020, for health reasons.[3]
Fairhurst was elected chief justice in 2016. She served in this role until her retirement in 2020.[4]
Fairhurst died on December 28, 2021.[5]
Education
Fairhurst earned her undergraduate degree in political science from Gonzaga University in 1979 and received her J.D. from the same institution in 1984.[6]
Career
Fairhurst began her legal career clerking for William H. Williams and William C. Goodloe. For the next 16 years, Fairhurst served in the Washington attorney general's office. She worked with Attorneys General Christine Gregoire and Ken Eikenberry. Fairhurst was elected to the Washington Supreme Court in 2002.[1]
Awards and associations
- 1999: Myra Bradwell award, Gonzaga University
- 1999: Allies for Justice award, LEGALS, P.S.
- 1998:' Passing the Torch award, Washington Women Lawyers
- Member, Gonzaga University Board of Regents
- President, Gonazaga Law School Board of Advisors
- President, Gonzaga Law School Alumni Association
- Past president, Washington State Bar Association
- Past president, Washington Women Lawyers
- Past member, Council for Public Legal Education, Washington State Bar Association
- Past member, Girl Scouts Board of the Pacific Peaks Council[1]
Elections
2014
- See also: Washington judicial elections, 2014
Fairhurst ran for re-election to the Washington Supreme Court.
General: She was unopposed in the general election on November 4, 2014.[2]
2008
| Candidate | Incumbent | Seat | Primary % | Election % |  |
|---|---|---|---|---|---|
Mary Fairhurst  |
Yes | Position #3 | 60.6% | 100% | |
| Michael Bond | No | Position #3 | 39.4% |
Candidate statement
Fairhurst's statement as to why she was seeking re-election said:
| “ | Since you elected me to our Supreme Court six years ago, I have worked to improve our justice system, to make our courts efficient and responsive, to ensure access to justice for all, and to protect the rights of every person in Washington State. I was raised in a loving family which placed great value on fairness, service and the dignity of every man, woman and child. Every day I go to work aware that my decisions affect thousands of lives. Since joining the court I have decided over 600 cases. To every case I have brought an open mind, fairness, common sense and a commitment to uphold our Constitution. We are a diverse people united by a common law and Constitution. As a Justice, I am obligated not to any group, but to respect the rule of law and uphold our Constitution. I am dedicated to ensuring that we have a legal system that treats people fairly, equally and protects the rights of everyone.[7][8] | ” |
2002
Fairhurst was elected to the Supreme Court in 2002.[9]
| Candidate | Incumbent | Seat | Primary % | Election % | |
|---|---|---|---|---|---|
| Mary Fairhurst |
Position #3 | 30.2% | 50.1% | ||
| James Johnson | Position #3 | 30.8% | 49.9% | ||
| Stan Morse | Position #3 | 10.1% | |||
| Michael Spearman | Position #3 | 28.8% |
Campaign finance
In the 2002 election, Fairhurst's campaign raised $139,736. Retirees and civil servants made up the largest group to give to the campaign with $34,295, or 24.54%. Second, lawyers and lobbyists together gave $32,020, or 22.91%, and third, labor groups, with $20,030, or 14.33%.[10]
Noteworthy cases
Death penalty as applied in Washington state struck down by state supreme court
On October 11, 2018, Washington's state supreme court struck down the state's death penalty law, finding that, as applied, it violated the state constitution. The court ruled unanimously on the matter, with Chief Justice Mary Fairhurst penning the majority opinion. Fairhurst wrote the following:[11]
| “ | The death penalty is invalid because it is imposed in an arbitrary and racially biased manner. While this particular case provides an opportunity to specifically address racial disproportionality, the underlying issues that underpin our holding are rooted in the arbitrary manner in which the death penalty is generally administered. ... The death penalty, as administered in our state, fails to serve any legitimate penological goal; thus, it violates article I, section 14 of our state constitution.[8] | ” |
| —Chief Justice Mary Fairhurst | ||
Justice Charles W. Johnson penned a concurring opinion arguing that "additional state constitutional principles compel this result."[11][12]
Governor's right to secrecy upheld by court
The Washington Supreme Court ruled on October 17 that the state's governor may claim "executive privilege" in keeping certain documents private. The 8-1 decision explained that Gov. Jay Inslee may not keep everything from the public, but is not required to disclose communications related to policy decisions.
Justice Mary Fairhurst, in the majority opinion, wrote:
| “ | The executive communications privilege plays a critical part in preserving the integrity of the executive branch…Courts have widely recognized that the chief executive must have access to candid advice in order to explore policy alternatives and reach appropriate decisions.[13][8] | ” |
This type of public records exemption for the governor is not explicitly noted in state law. The lone dissenter, Justice James Johnson, argued:
| “ | The majority ignores our state’s constitution, statutes, and populist tradition and does great damage to over 120 years of open government in Washington…It is not alarmist to say that this decision could place a shroud of secrecy over much government conduct.[14][8] | ” |
The case was sparked by former Governor Christine Gregoire, who reportedly used the idea of executive privilege to keep multiple documents private, including some relating to medical marijuana and criminal pardons. Gregoire was sued by the Freedom Foundation, a libertarian think-tank located in Olympia, for withholding various documents. The Foundation's argument that the executive privilege is not allowed by state law was struck down by a lower court before reaching its final demise this month at the state's highest court.
Same-sex marriage ban
In a 5-4 decision in 2006, the court overruled two lower courts that had found the state's 1998 Defense of Marriage Act, which limits marriage to opposite-sex couples, violated the state constitution and its Equal Rights Amendment. Fairhurst was one of the four justices in the minority who criticized the majority's opinion. She said they had bowed to public opinion.[15]
Political ideology
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.
Fairhurst received a campaign finance score of -1.24, indicating a liberal ideological leaning. This was more liberal than the average score of -0.91 that justices received in Washington.
The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice, but an academic summary of various relevant factors.[16]
See also
External links
- Search Google News for this topic
- Washington Courts, "Justice Mary E. Fairhurst"
- Project Vote Smart, "Justice Mary E. Fairhurst (WA)"
- Official campaign website of Mary Fairhurst
- Official campaign website of Mary Fairhurst, "Cases authored by Fairhurst"
- Follow the Money, "Mary Fairhurst"
- The Seattle Times, "Interview: Mary Fairhurst"
- The Washington Supreme Court blog (Unofficial blog that covers the Washington State Supreme Court and its justices)
Footnotes
- ↑ 1.0 1.1 1.2 Washington Courts, "Justice Mary E. Fairhurst," accessed December 26, 2014
- ↑ 2.0 2.1 Washington Secretary of State, “2014 Candidates Who Have Filed,” accessed May 22, 2014
- ↑ King5 News, "Washington Supreme Court Chief Justice Mary Fairhurst to retire after colon cancer diagnosis," October 3, 2019
- ↑ Washington Courts, "Chief Justice Mary E. Fairhurst," accessed May 1, 2018
- ↑ The Center Square, "Former Washington State Supreme Court chief justice dies," January 1, 2022
- ↑ Project Vote Smart, "Justice Mary E. Fairhurst (WA)," accessed December 26, 2014
- ↑ Voting for Judges, "Mary Fairhurst," August 19, 2008
- ↑ 8.0 8.1 8.2 8.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 9.0 9.1 Washington Secretary of State, "Election Search Results – November 2002 General," accessed December 26, 2014
- ↑ Follow the Money, "Mary Fairhurst," 2002
- ↑ 11.0 11.1 Supreme Court of the State of Washington, "Washington v. Gregory: Opinion," October 11, 2018
- ↑ The Seattle Times, "Washington Supreme Court tosses out state’s death penalty," October 11, 2018
- ↑ The Seattle Times, "State high court rules governor has executive privilege, with caveats," October 17, 2013
- ↑ The Columbian, "State high court approves governor secrecy," October 17, 2013
- ↑ Fox News.com, "Washington Supreme Court Upholds Gay Marriage Ban," July 26, 2006
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: Eastern District of Washington, Western District of Washington • U.S. Bankruptcy Court: Eastern District of Washington, Western District of Washington
State courts:
Washington Supreme Court • Washington Court of Appeals • Washington Superior Court • Washington District Courts • Washington Municipal Courts
State resources:
Courts in Washington • Washington judicial elections • Judicial selection in Washington