The Constitutional Convention's Partisan Gridlock
Delegates in Olympia debate the structure of the state's future judiciary, clashing over judicial term limits, court size, and political representation.
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Olympia, July 18.—Politics were kicked about in the convention today when Warner introduced his measure for minority representation in the judiciary. The scheme proposed was that no elector should be allowed to exercise his full right in voting for delegates, but would be entitled to vote for but two out of every three. This partisan device encouraged Democrats to attempt to slip a Democrat onto the supreme bench regardless of the popular vote. When the vote came, forty-three Republicans were in favor of a non-political bench, while twenty-four Democrats wanted one of their party to sit in judgment. The convention also debated the number of supreme court judges. Grifitts wanted five, while Turner wanted three. The convention eventually endorsed Grifitts' amendment for five judges. Discussion also touched on woman suffrage and prohibition, with petitions from advocates of both continuing to pour in daily, though the convention remains hesitant to include them in the constitution.
“If you want to withdraw the supreme court entirely from politics, then put the names of your candidates in a hat and draw them by lot.”
The 1889 Washington Constitutional Convention wrestled with the same questions of judicial independence and political representation that still animate Washington State politics today. The struggle to balance partisan influence against an impartial bench reflects the ongoing civic tension over how our courts should reflect the diversity of the population.
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