Watch carefully as Justice is named

The resignation at year's end of Justice Bobbe Bridge gives Gov. Chris Gregoire a chance to appoint a member to the Washington Supreme Court. The public should watch this appointment carefully.

These are powerful jobs. The nine justices of the Washington Supreme Court decided, for example, the state had the right to ban same-sex marriage. They decided the Legislature had the right to declare a public emergency in order to build Safeco Field. They decided the state constitution's ban on racial favoritism in the schools did not stop Seattle from using a racial tiebreaker at high schools — the latter decision now under review by the U.S. Supreme Court in Washington, D.C. At the federal level, the appointment of a justice is high drama, with senators trying to impale the nominee on questions about abortion, gun rights and the place of religion in public life. Nothing like that happens at the state level. Here, the governor can make an interim appointment with no permission required.

But unlike the federal justices, who may serve for life, ours face the voters every six years. Whomever Gregoire chooses will have to run in November 2008 in order to keep the job.

We offer no names but have some thoughts on qualifications.

• It would be good to add to the diversity of experience on the court, which has a former appellate judge (Gerry Alexander), tribal judge (Susan Owens), special prosecutor for child abuse cases (Barbara Madsen), specialists in voter initiatives (Jim Johnson) and bankruptcy and collections (Mary Fairhurst) and several trial attorneys (Charles Johnson, Richard Sanders, Tom Chambers). What it does not have is someone with major experience as a criminal prosecutor.

• It would be very good to have more geographic diversity. The court is all from west of the mountains. Its gender diversity is good, but its ethnic diversity is not.

• It is essential the appointee be willing to discuss his or her judicial philosophy. Some candidates have declared it is improper to talk about such things. The U.S. Supreme Court has ruled it is all right, and we believe the voters need to know, so candidates for the court should speak their mind.

Gregoire has appointed three judges to state courts of appeals — appointments that received minimal public scrutiny. Of the 22 appeals judges on the three circuits, 14 were originally appointed in this way, 12 by Democratic governors. At the next election, they run as officially nonpartisan incumbents, often without challengers.

By resigning early, Justice Bridge permits Gregoire to give the edge of incumbency to a new justice of the state's highest court. It is not likely, however, that in 2008 the new justice will run unopposed. The battles for three of these seats last fall suggest strongly that there will be a big and expensive fight.

Gregoire needs to choose a candidate who can be defended, and is defensible.