O’Donnell declares victory in tight WA Supreme Court race

After a week of ballot tallying, Washington’s closest race for state Supreme Court has a winner.

King County Superior Court Judge Sean O’Donnell claimed victory Wednesday morning over appeals court Judge Ian Birk. He leads by 39,000 votes, or 1.4%, with fewer than 100,000 ballots left to count statewide.

“I am thrilled to be elected to the Washington State Supreme Court,” O’Donnell said in a statement. “In electing me the voters of Washington demonstrated that they want judges who are experienced and impartial. They also demonstrated that they will not be fooled. I hope we will reflect on how and why so much outside money flooded into this race and work to ensure judicial races remain non-partisan.  

O’Donnell was referring to a decision from the state’s Public Disclosure Commission days before the election to not enforce limits on how much money political committees could accept.

After the move, Service Employees International Union 775 contributed $250,000 to the progressive-backed Beware the Attack on Our Courts political action committee. The money went toward boosting Birk and undermining O’Donnell, as part of a flurry of last-minute spending. 

The five Supreme Court races on this year’s ballot presented a proxy battle between Republicans and Democrats without any other statewide elected officials on the ballot. Five candidates, including Birk and two appointees of Gov. Bob Ferguson, had support from Democratic groups, while their five opponents, including O’Donnell, were supported by the state GOP. 

Birk’s campaign claimed O’Donnell was a closet Republican running on a “partisan agenda.” It was a rare example of typically sleepy races turning overtly partisan. 

Dozens of judges came to O’Donnell’s defense, calling out Birk for what they called “false partisan attacks.”

O’Donnell stressed that he had support from both sides of the political spectrum. 

The four other Democrat-allied candidates sailed to victory by double-digit margins. Ferguson’s appointees, Justices Colleen Melody and Theo Angelis, will retain their positions on the court. Chief Justice Debra Stephens won another term easily, and King County Superior Court Judge Jaime Hawk, who was previously an attorney for the American Civil Liberties Union, will join the high court. 

The races were all expensive, especially for Supreme Court campaigns, but none more than the battle between O’Donnell and Birk. O’Donnell raised $614,000, while Birk brought in $643,000. No other judicial candidates raised within $100,000 of those totals.

More than $1.3 million in additional outside spending flooded the O’Donnell-Birk race. 

All of the races drew more attention than usual in part because of the recent heavy turnover on the court and the looming legal challenge to the state’s new income tax on high earners, passed by voters. The measure is headed for a test at the high court.

Birk didn’t respond to requests for comment.

O’Donnell, in his statement, issued a “heartfelt thank you to the more than 1.4 million Washington voters who made their voices heard by entrusting me with the incredible responsibility of safeguarding our democracy in this perilous time, and ensuring justice is accessible to all.”

“I wish Judge Birk all the best,” he continued. “Now more than ever, our judges must uphold the rule of law and apply it equally to everyone, no matter how powerful they are. I have dedicated my life to public service and will work every day to ensure Washingtonians have faith in the impartiality, fairness, and thoughtfulness of our highest court.”

O’Donnell, elected to a six-year term, will replace Justice Charles Johnson, who wasn’t eligible for reelection; the state constitution requires justices to retire at age 75. Johnson has served on the court since 1991.

O’Donnell has served as a King County Superior Court judge since 2013, and has previously been a pro tem, or substitute, justice on the Supreme Court. He is also a past president of the Superior Court Judges’ Association. Before joining the bench, O’Donnell was a senior deputy prosecutor, and was part of the team that investigated and prosecuted Gary Ridgway, the Green River Killer.

During the campaign, he often discussed the importance of the Supreme Court setting rules for the use of generative artificial intelligence for judges and lawyers.