It is rare that Washington voters are tasked with choosing a new state Supreme Court justice. In the November general election, The Columbian’s Editorial Board recommends a vote for Dave Larson for Supreme Court Position 2.
As always, this is merely a recommendation, designed to foster discussion and provide information. The Columbian trusts that voters will study the candidates, the issues and the role of the state Supreme Court before casting an informed ballot.
Voters will be choosing between Larson and Sal Mungia to fill the seat being vacated by Susan Owens. Under state law, justices must retire at the end of the term in the year they turn 75, precipitating Owens’ retirement. Typically, justices retire before their six-year term is up, allowing the governor to appoint a replacement. This means that most Supreme Court elections include an incumbent.
Larson and Mungia both bring excellent credentials to the race while articulating differing viewpoints.
In an interview with the Editorial Board, Larson stressed that Supreme Court decisions “have to be about reason, about the law rather than advocacy.” He has said: “We need to get back to our main purpose. And that’s to be that independent, neutral body that helps society keep moving forward with decisions that are consistent with the law and not with our personal opinion.”
Larson said he disagrees with a 2021 decision in State of Washington v. Blake, which altered the state’s drug possession law and triggered legislative action. “They came up with an outcome they would like to have,” he said, rather than one supported by the legal arguments. He also said he disagrees with the court’s determination that a capital gains tax is not an income tax.
Larson has been a municipal court judge since 2008 and has been presiding judge in Federal Way Municipal Court for the past 14 years. Prior to that, he was a trial lawyer for 23 years. He is a member of the Therapeutic Courts Committee within the District and Municipal Court Judges Association, and he believes courts should emphasize therapeutic approaches to enforcing the law rather than a punitive system.
Mungia has no experience as a judge but has been a litigator for 40 years, is a former clerk with the state Supreme Court and Western Washington Federal District Court, and is the current Pierce County Superior Court arbitrator.
He focuses on improving access to the courts for all Washington residents and says one of his priorities is “fighting for justice and combating bias within the legal system.” He says that advocacy is a legitimate and important role of Washington’s courts.
Mungia recommends consideration of “what does the legal community think?” In that regard, he has amassed an impressive roster of endorsements, including from eight of the nine current Supreme Court justices.
That, however, leads to questions about how the court can best serve the people of Washington. The court should not be a place of monolithic thought and predetermined agreement.
Because he would provide a different perspective and diversity of legal opinion — and because he is well-qualified — The Columbian’s Editorial Board recommends Dave Larson for the state Supreme Court.
