Few step up to challenge seated justices

By Brad Shannon | The Olympian • Published April 06, 2008

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There is a short supply of challengers to Supreme Court justices this year, and even representatives of the politically active Building Industry Association of Washington say it's difficult finding a candidate to take on incumbents.

Four-term Justice Charles Johnson, one-term Justice Mary Fairhurst and recently appointed Justice Debra Stephens are up for election for six-year terms. But it's unclear whether there will be a battle such as in 2006, when three justices had challengers and millions of dollars were spent by outside groups including builders, American Indian tribes, labor unions and trial lawyers.

Only Michael Bond, a Seattle business law attorney, has filed papers with the state Public Disclosure Commission to raise money for a challenge.

Bond said he is keeping his options open on which seat to run for, but he thinks it will be against Fairhurst.

"I think the opinions that Justice Fairhurst has written are so problematic from both ends of the spectrum that I hope to get support from both the left and the right," Bond said, citing concerns about public records and property rights. "She has an extensive record which consistently supports government over citizens."

Other Supreme Court challengers are difficult to find.

Kitsap County lawyer Charles Wiggins filed papers to explore a candidacy but withdrew, saying later that he thinks Stephens is an excellent choice.

The BIAW, which helped push John Groen's challenge of Chief Justice Gerry Alexander through hard-hitting ads in the 2006 campaign, is looking for a challenger it likes.

"We are very concerned about public-records cases and property-rights cases," BIAW executive vice president Tom McCabe said. "We're looking for candidates to emerge, someone with the guts to endure a very grueling race with little likelihood of getting any support from newspapers who traditionally have endorsed all the incumbents on the state Supreme Court."

McCabe didn't mention Bond.

He said anyone willing to run would be bucking a long-term trend.