Opinion: The judicial backstop

Governor Ferguson appointed a former K&L Gates colleague with no judicial experience to fill the Supreme Court vacancy.

🎧 WA Supreme Court Position 5: Who Should Fill the Seat?

Nancy Churchill says Supreme Court Position 5 tests judicial independence

Nancy Churchill
Dangerous Rhetoric

In baseball, the backstop is the barrier that keeps passed balls from endangering the people in the stands behind home plate. The Supreme Court plays a similar role: When the legislature and executive fail to keep the laws within constitutional bounds, the court is there to protect the public from their wild pitches and foul tips. If the court fails to do this job, bad laws and political favoritism sail through unchecked and people are hurt.

Nancy Churchill

This August, Washington voters will vote in the primary for Supreme Court Position 5. The top two candidates will advance to the November general election.

Justice Barbara Madsen retired early. Governor Bob Ferguson appointed Theo Angelis, a former K&L Gates colleague with no judicial experience, to the seat in March 2026.

The new justice will likely rule on the constitutionality of the 9.9 percent income tax on earnings over one million dollars. LEOFF 1 pension disputes are also headed to the court. These decisions will shape public safety and the balance of power in Olympia.

The high stakes of Position 5

The Supreme Court writes the rules that govern every trial court in the state. Those rules cover warrants, bail, notice, and case handling. Unfortunately, there are only two trial judges left on the court. When the rules lose touch with trial court reality, the damage reaches every community.

Judge Dave Larson warns the court can become a ship lost at sea, more in love with its rules than with delivering justice. He notes Eastern Washington already suffers a public defender shortage. New rules that add restrictions on public defense without solutions only make the problem worse and strain local budgets.

Trial judges understand what actually happens in courtrooms. Without that perspective on the high court, decisions can feel disconnected from the people they affect.

Theo Angelis: The appointed incumbent

Justice Theo Angelis spent 26 years as a K&L Gates partner. He clerked on the D.C. Circuit and handled complex appellate cases. He highlights pro bono work for asylum seekers and an Army veteran wrongly detained by ICE.

Angelis says his appellate background prepares him for the Supreme Court. He uses bias checklists for every case and supports simple changes like text reminders instead of warrants for modest-means defendants.

All his endorsements come from Democratic officeholders and sitting justices appointed by Democratic governors. Governor Ferguson and Senate Majority Leader Jamie Pedersen also support his campaign. He has raised approximately $247,000.

His donation to Ferguson’s 2024 campaign and prior work at the governor’s former firm raise appearance-of-fairness questions. Pedersen sponsored the income tax and endorsed Angelis. Those ties create concern if the tax case reaches the court.

Dave Larson: The experienced challenger

Dave Larson offers 41 years of legal experience, including 23 years as a trial lawyer and 18 years as a judge. He ran the Federal Way Municipal Court for 16 years and holds an AV Preeminent rating. He has run for the Supreme Court four times and nearly won in 2024.

The Washington State Republican Party endorsed him early because of the income tax case, LEOFF 1 lawsuit, and sheriff decertification challenges heading to the court. He has raised roughly $218,000.

Larson argues the Supreme Court needs justices who have judged from the trial bench. He compares it to describing parenthood to someone who has never raised children. You cannot grasp what goes through a trial judge’s mind without having lived it.

The judiciary is supposed to be the lighthouse in the storm. It keeps the peace and stands as the firm guardian of the Constitution when other branches overreach.

Sharonda Amamilo: Trial court perspective

Thurston County Superior Court Judge Sharonda Amamilo was elected in 2020. She handles criminal, civil, family, juvenile, and child welfare cases. Her background includes public defense, private practice, and military service during Operation Desert Storm. She has served on the Sentencing Guidelines Commission.

Amamilo emphasizes starting with a clean trial record and strict attention to statutory language. She views precedent as key to stability and sets a high bar before overturning it. She has raised about $32,000 and carries endorsements from Justice Helen Whitener and several Democratic groups and elected officials.

Greg Miller: Appellate depth

Greg Miller has practiced more than 40 years and co-founded an appellate group at his firm. He has handled over 135 appeals and 80 oral arguments in Washington courts, the Ninth Circuit, and the U.S. Supreme Court. He previously served as a Court of Appeals clerk and judge pro tem.

Miller believes the court is losing valuable appellate experience through retirements. He argues his deep work in every Washington appellate court gives him an edge in getting decisions right on common law, statutes, and rules. He has raised about $20,000.

The primary math

This is the most financially competitive Supreme Court race on the ballot. Angelis and Larson sit far ahead of the other two candidates. In a four-person primary, the top two advance. If Amamilo draws votes from Angelis supporters, Larson has a realistic path to the November ballot. The same dynamic nearly produced an upset in 2024.

Time to choose

August 4 is approaching. Primary turnout is frequently low, so your informed vote will carry extra weight. Voters should weigh trial court experience against political connections. They should also consider who has or has not donated to the governor who appointed him and to the senator who wrote the income tax now under review.

Endorsements from political parties in this race tell you a great deal about the candidates. Two candidates are Democrat-endorsed: Angelis and Amamilo. WAGOP has come out in strong support of Larson. I also strongly support Dave Larson. I believe he will restore balance to a court that often seems like a ship lost at sea, more loyal to political insiders than to the rule of law and the people it is sworn to serve. If you agree, please donate this week to his campaign at larsonforjustice.com.

Washington voters still have the power to elect a justice grounded in real courtroom experience, one who will serve as a true independent guardian of the Constitution. Small things grow great through concord. Read the voters guide. Compare the records. If you can, send a check. Dollars are votes too. Then cast your ballot on August 4.

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.