Opinion: Position Three – Constitution over politics

Three candidates vie for a Washington Supreme Court seat — and one was elected, not appointed.

🎧 WA Supreme Court Race: Constitution vs. Politics

Three candidates compete for a six-year seat on the Washington State Supreme Court. Only one puts the Constitution first.

Nancy Churchill
Dangerous Rhetoric

In Eastern Washington we check the fence lines before the herd moves. One weak post and the whole thing gives way. The Washington Supreme Court is one of those posts. This year a seat has come open and three candidates are running to hold it through 2033. The primary falls on August 4. The top two advance. This primary election, voters get a rare chance to decide who will interpret the law that governs all of us.

Nancy Churchill

Justice Raquel Montoya-Lewis chose not to seek a second term after serving just one, so no incumbent holds the seat. She endorsed one of the candidates in the race, Judge Michael Diaz. The three candidates are starting from scratch, and all three have judicial experience.

The lay of the land

The numbers tell part of the story. As of June 21, J. Michael Diaz has raised roughly $212,000. Jaime Hawk sits near $157,000. David Stevens trails with about $23,000. The gap looks wide. Yet the primary structure gives a clear lane to the candidate who stands apart. When two contenders draw from the same pool of support, the third can slip through if voters turn out. That pattern nearly produced an upset in Position 2 two years ago.

The Supreme Court decides cases that touch property, family, and the plain meaning of our founding documents. The question is simple. Which candidate believes the job is to apply the United States Constitution and the Washington Constitution as written rather than rewrite them from the bench?

J. Michael Diaz: The establishment favorite

J. Michael Diaz serves on the Court of Appeals, Division I. He previously sat on the King County Superior Court. Governor Inslee appointed him both times. Earlier he worked as an assistant U.S. attorney and helped found the Civil Rights Unit in the Western District of Washington. He also led reforms of the Seattle Police Department. President Obama nominated him to a lifetime federal judgeship but the nomination was never confirmed.

His support comes almost entirely from one side of the aisle. Five sitting Supreme Court justices and Attorney General Nick Brown back him. Former Governors Inslee, Gregoire, and Locke have endorsed him. Multiple attorneys from the same firm connected to Governor Ferguson have contributed. Unions and Democratic legislative committees have endorsed him. Every named endorser is a current or former Democratic officeholder or a justice appointed by a Democratic governor.

Diaz frames his campaign around civil rights and equal justice under law. He says the rule of law faces assault. His history shows deep experience inside the progressive institutions that have shaped Washington policy for years. His endorsements show his political bias.

Jaime Hawk: The ACLU path to the bench

Judge Jaime Hawk sits on the King County Superior Court. She is the first attorney from the ACLU of Washington to reach the bench. Before that she worked as a public defender in central Washington and as a federal defender in eastern Washington. She handled trials and appeals and defended clients against the full power of the federal government. She now serves on the Supreme Court’s Minority and Justice Commission. She reports that no trial she presided over has been overturned for legal error. Her career has focused on public defense work and ACLU legal advocacy.

Congresswoman Pramila Jayapal and Governor Bob Ferguson both endorse her. Ferguson signed the “millionaire’s” income tax and the $3.9 billion LEOFF 1 pension sweep, both of which have been challenged as unconstitutional. State Treasurer Mike Pellicciotti, who pushed the income tax as a way to rebuild reserves, gave her the maximum contribution. Many current and retired judges and justices also back her, along with Democratic organizations and labor groups.

Hawk presents herself as a strong, independent voice who will protect constitutional rights and the rule of law. Unfortunately, her endorsements and work history give the game away.

David Stevens: The elected prosecutor who names the problem

Judge David Stevens currently serves on the Mason County Superior Court. Voters elected him. He was not appointed. Before the bench he spent most of his career as a county prosecutor. He also worked as a federal civil rights investigator, chief public defender for the Colville Confederated Tribes, federal prosecutor, international prosecutor in Kosovo, and justice advisor in Afghanistan. He has tried more than two hundred jury trials. He and his wife live in Shelton near six of their nine grandchildren.

On the Jason Rantz Show he named his favorite justices on the U.S. Supreme Court: Clarence Thomas first, Antonin Scalia second, Samuel Alito third. He looked at the current Washington court and said, “We don’t have any diversity of thought on there. We’re not getting the other side now.”

On his own approach he said, “If adhering to the United States Constitution, the Washington State Constitution, is conservative, then I guess I am.” He quickly added that sticking to those documents “is not a conservative position. I think that’s the way judges should interpret the law.”

Stevens carries the Washington State Republican Party’s recommendation. Tribes, prosecutors, public defenders, law enforcement, and judges have backed him. His statement is direct: public policy belongs to the political branches and the people, not to the courts.

The primary math and why August 4 matters

Diaz and Hawk together have raised far more than Stevens. Their endorsements and institutional support run deep. Yet the three-way primary creates a lane for the candidate who offers something different. If the two better-funded contenders split the progressive majority, the third candidate can advance.

Washington’s Constitution requires election of judges for a reason. Sadly, long reliance on judicial appointments has produced predictably biased and ideological results. Rural Washington has seen what happens when one philosophy dominates every branch.

Property rights, criminal justice, and the plain text of the law all feel the effects. Judge David Stevens is the only candidate in this race who was elected to his current position and who has said out loud that the court lacks balance. His record runs from civil rights enforcement to prosecution to international work. He has seen the law from multiple angles and still believes judges should apply the words on the page.

The primary is not that far off. Check the official voter guide. Watch the candidate video voter guides if you want more. Then decide which candidate treats the Constitution as the fixed standard rather than a starting point for new policy.

One seat will not fix everything. But one seat can begin to restore the diversity of thought the court itself says it needs. Like the WAGOP, I strongly support Justice Stevens for Supreme Court Position 3. If you can contribute to his campaign, please do. I’m sure his campaign could also use volunteer support if you’ve got the time and energy to fight for justice.

Your votes in August can still move institutions. Don’t waste the opportunity! Washington voters have done it before. They can do it again.

Nancy Churchill is a writer, educator, and conservative activist in rural eastern Washington state. She chairs the Ferry County Republican Party and advocates for effective citizen influence through Influencing Olympia Effectively. She may be reached at DangerousRhetoric@pm.me. The opinions expressed in Dangerous Rhetoric are her own. Dangerous Rhetoric is available on Substack and X.