OLYMPIA – An attorney representing Thurston County Superior Court Commissioner Christine Schaller has filed a petition asking the Washington Supreme Court to consider whether the secretary of state’s residency requirements for candidates is unconstitutional.
Schaller was appointed to her job in 2005. She lives in Pierce County but wants to run for office as a Thurston County Superior Court judge in 2012, according to a declaration attached to her petition to the Supreme Court.
As a Superior Court commissioner, Schaller hears cases in Thurston County Family and Juvenile Court. Court commissioners are appointed and aren’t required to live in the county where they serve.
The petition was filed Oct. 27 by Olympia attorney Shawn Newman.
An official in the Supreme Court said Monday that it is up to the Supreme Court whether it considers Schaller’s petition.
Newman said Monday that the legal reasoning behind his client’s petition is simple: Washington’s constitution does not include a residency requirement for candidates for Superior Court judgeships. However, residency requirements were written into the constitution for other elected offices, he said.
Newman said other state constitutions do include residency requirements for judges.
“We went right to the Supreme Court because we believe it’s an issue of statewide importance,” he said.
Newman said he does not think allowing candidates for Superior Court judgeships to live outside the counties where they wish to run would lead to “carpetbagging,” because it would be up to voters to decide whether a candidate would be elected to a judgeship.
Newman added that Schaller grew up in Thurston County, graduating from Saint Martin’s University.
According to Schaller’s petition, she lived in Thurston County until she turned 29.
“Upon marrying my husband, whose employment is in Seattle, I relocated to Pierce County, State of Washington, on or about November 20, 1999,” it states.
Newman said it is his understanding that the Supreme Court will decide by Dec. 8 whether it will hear the petition.
There will be three vacancies on the Thurston County Superior Court’s bench in 2012. Judge Christine Pomeroy is retiring as of March 1. Presiding Judge Paula Casey and Judge Thomas McPhee won’t seek re-election when their terms end Dec. 31.
Jeremy Pawloski: 360-754-5445 jpawloski@theolympian.com
JOIN THE DISCUSSION | Register here
We welcome comments. Please keep them civil, short and to the point. ALL CAPS, spam, obscene, profane, abusive and off topic comments will be deleted. Repeat offenders will be blocked. Thanks for taking part — and abiding by these simple rules. A thorough explanation of rules of conduct can be found in our Terms of Service. If you have any questions, including why your comment may not be showing immediately after you submit it, be sure to visit the commenting FAQ.