Building-industry ads hammer judge

OLYMPIA — The building industry is airing television and radio ads statewide that portray state Supreme Court Chief Justice Gerry Alexander as a geriatric judge who is no longer fit for the job.

"When it's your time, you know it. You're tired, you get sloppy, you make mistakes," says a radio ad that began airing last week. "Take Chief Justice Gerry Alexander, he's been a judge since Nixon was president. In recent years, Alexander has not only lost a step or two, he's done real damage."

A television ad that began airing this week refers to the "same old tired record" of Justice Alexander.

The ads were paid for by the Building Industry Association of Washington (BIAW), which is backing Alexander's opponent in this year's election — Bellevue property-rights attorney John Groen.

The ads contend that, as chief justice, Alexander has expanded government's power and restricted private property rights. Groen would do just the opposite, the ads promise.

Alexander, 70, said he was amused when he first heard about the ads.

"But I have to say, I'm kind of irritated," he said. "It's fair for people to disagree with my rulings, but to try to attribute it to age I think is really insulting."

BIAW Executive Vice President Tom McCabe, known for his bruising political style, said the ads weren't meant as an attack on Alexander's age. Instead, he said, they were intended to show that he's been on the bench too long.

"He's never had any competition in 33 years as a judge and, because of that, he's lost touch with voters," McCabe said.

Alexander spent about 20 years as a lower-court judge before being elected to the Supreme Court in 1994. He is one of three justices on the court up for re-election this year.

In recent years, the BIAW has become perhaps the biggest player in Supreme Court elections. The group spent hundreds of thousands of dollars helping Justice Jim Johnson, another property-rights advocate, win a seat on the court.

So far this year, the BIAW has reported nearly $325,000 in "independent expenditures" on Groen's behalf.

On the campaign trail, Groen has made an issue of Alexander's age. Under the state constitution, judges are forced to retire at age 75. If re-elected, Alexander would have to step down in 2011 — a year before his term expires.

"If you're holding yourself out for public office, you must be capable of fulfilling the terms of that office," Groen said at a forum in July.

But Groen said a bigger concern is that if Alexander is forced into retirement, whoever is governor at the time would get to appoint a replacement. He predicts people will start "jockeying for position with the governor," undermining the notion of an independent, nonpartisan judiciary.

Alexander said the age-limit issue is a legitimate one to raise. But he said suggesting he is too old for the job is out of bounds.

One of his colleagues — Justice Richard Sanders, a friend of the BIAW — said he disagrees with some of Alexander's opinions but hasn't seen any sign that the chief justice's age is a factor.

"Not at all," Sanders said. "He works hard every day."

Groen refused to comment on the BIAW ad, citing a state law that bars candidates from coordinating with groups that are running independent campaigns.

"Whether I like them or don't like them, I'm not supposed to say," Groen said.

That's not true, said Doug Ellis, spokesman for the state Public Disclosure Commission. He said candidates in the past have criticized groups that were waging independent campaigns on their behalf.

"Once you become aware of something, you can comment on it," Ellis said. "Commenting after the fact is not the same as coordinating prior to."

Ralph Thomas: 360-943-9882

or rthomas@seattletimes.com