(The Center Square) – A group of 62 current and former Washington judges is defending state Supreme Court candidate Sean O’Donnell after his opponent accused him of pursuing a partisan agenda in the race for Position 4.
The judges said in a letter that allegations made by Washington Court of Appeals Judge Ian Birk against O’Donnell are false and risk bringing the type of partisan conflict seen in other political races into Washington’s judicial elections.
“None of us have ever heard him suggest or inject partisan politics into any of his decisions or work he has done for the judicial branch,” the judges wrote in a letter to Washington voters released in September.
The letter comes after Birk accused O’Donnell in a campaign fundraising email of choosing to “join” a slate of candidates recommended by the Washington State Republican Party, being “affiliated” with the State GOP while serving as a judge and having a “partisan agenda” in his campaign for the Supreme Court.
Birk’s campaign responded to questions about the letter and said voters deserve to know about O’Donnell’s political support.
“Honesty matters,” the campaign said. “Sean O’Donnell needs to make a decision: Either he is fine with his support from the Washington State Republican Party, and it’s not a big deal, or it is a big deal, and he should disavow that support and ask to be removed from their materials.”
The Birk campaign also pointed to O’Donnell’s relationship with former Republican Attorney General Rob McKenna, saying O’Donnell was previously highlighted as a “Rising Star” on McKenna’s Full Court Press website and has accepted a campaign contribution from McKenna.
Independent reporting has confirmed McKenna contributed $500 to O’Donnell’s campaign. O’Donnell has said he was not affiliated with Full Court Press and asked that his name be removed from its website after becoming aware he was listed.
O’Donnell said he contacted Birk earlier this year and proposed that the candidates focus their campaigns on their records and visions for the court. O’Donnell said Birk did not respond.
O’Donnell has rejected Birk’s characterization of his campaign as partisan. He has pointed to endorsements from Democratic elected officials and organizations, as well as the Washington State Republican Party recommendation, as evidence that his campaign has support from across the political spectrum.
O’Donnell said Birk has asked him to disavow the Republican recommendation. He argued that doing so could conflict with his responsibilities as a judicial candidate.
Washington’s Code of Judicial Conduct includes rules addressing political and campaign activity and requires judges and judicial candidates to preserve the independence, integrity and impartiality of the judiciary.
“Impartiality is the northstar of being a judge,” O’Donnell said in a Facebook post.
Birk, 47, was appointed to the Washington Court of Appeals in 2022 by then-Gov. Jay Inslee and later won election to retain the position. Before becoming a judge, he spent about 20 years as a civil litigator representing individuals, families and small businesses in cases involving insurance, workplace discrimination and consumer protection.
In a Washington State Standard voter guide questionnaire, Birk said courts should decide cases based on facts and law “never politics or pressure.”
“The job of the judge is to decide cases based on reason, without an agenda, and without favoritism,” Birk wrote.
Birk’s campaign said his record includes representing families, workers and vulnerable people before becoming a judge and emphasized his statewide endorsements as evidence of his judicial record.
The 62 judges similarly argued that bipartisan support should not be treated as evidence of partisanship in a judicial race.
“Democratic elected officials and many Democratic Party organizations have endorsed Judge O’Donnell. State and local Republicans have endorsed him too,” they wrote. “In judicial races, bipartisan support is something to be celebrated rather than demonized.”
The judges also defended O’Donnell’s record, saying he has served for more than 25 years as a King County prosecutor, King County Superior Court judge and pro tem justice on the state Supreme Court.
The candidates have also outlined different approaches to artificial intelligence in the courts. O’Donnell has called for firm guardrails around judges’ use of AI in decision-making, while Birk has said the technology raises multiple distinct issues that may require different approaches.
The race is nonpartisan, and Birk and O’Donnell are the only two candidates for Position 4. Both advanced directly to the Nov. 3 general election.
The two candidates are seeking to replace Justice Charles W. Johnson, who is retiring after reaching the state’s mandatory judicial retirement age.
The race is one of several Supreme Court races taking place this election season. The makeup of the court will be at stake, as the question of the state’s income tax and other major issues are expected to come before the court next year.
The 62 judges acknowledged voters may disagree over which candidate should win, but urged both campaigns to focus on their records and visions for the court.
“The public deserves” candidates who focus on their records and visions for the court, the judges wrote, warning that judicial campaigns should not increasingly resemble partisan political campaigns.
“Let’s keep the campaign to those important issues,” the judges wrote.