Paper Example on Washington Supreme Court: Rule of Law & Court Structure

Introduction

According to Spitzer, the power of the judicial system over rulemaking must be limited to control the rules necessary for the existence and functioning of the courts (Spitzer, 1982). The State of Washington has its constitution and several Acts that provide for its court system structure.

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Supreme Court

Stands as the topmost court in the State of Washington, and therefore its decisions set a precedent for other courts in the state. The rules made by local courts must correspond with those the Supreme has established. As stated by Talbot, the Washington State Supreme Court set six criteria that courts needed to apply to determine whether the state constitution to afford more comprehensive protection for civil liberties (Talbot, 1991).

• Has nine justices who sit for a term of six years when elected.
• Has original and exclusive jurisdiction in petitions involving state officers.
• Reviews all cases imposed with the death penalty.
• It can also review lower courts’ decisions if the money or property involved exceeds two hundred dollars.

The Courts of Appeal

Decides on cases that have been appealed from the superior courts. Has 22 judges who serve a six-year term, which must have practiced law for five years in Washington and have lived for at least a year in the district from where they obtained the position, at the time of the election. Has three divisions with each division meant to serve a certain geographic region of Washington State. Division I has ten judges. Division II has seven judges, and Division III has five judges. One chief judge oversees all the divisions who get elected for a term of one year.

Superior Courts

They have general jurisdiction as there is no limit on the types of cases heard, both civil and criminal. The judges belong to the Superior Courts Judge's Association and get elected for four years in office. These courts have a written record of the proceedings to ensure availability in case of an appeal. Have several divisions established by law including:

• The Juvenile deals with people under 18 years who commit a crime or get neglected and abused.
• The District Courts can either be classified as a single or a multiparty district court, depending on the population.

Courts of Limited Jurisdiction

Include the district and municipal courts. District courts are created in counties while cities and towns make the municipal courts. District courts have judges who get elected for a term of four years and have jurisdiction over cases involving misdemeanors. Municipal courts judges either be appointed or elected depending on the laws provided by the state for a term of four years and hear cases involving violations of the ordinances of the concerned city or municipal.

References

Spitzer, H. (1982). Court Rulemaking in Washington State. U. Puget Sound L. Rev., 6, 31.

Talbot, J. W. (1991). Rethinking Civil Liberties Under the Washington State Constitution. Wash. L., Rev., 66, 1099.