Spokane native appointed to state's top court

OLYMPIA — Debra Stephens, appointed Tuesday to the state Supreme Court, said she's not political and steered clear of questions about where she fits on the ideological spectrum of the court.

The Spokane native became Democratic Gov. Christine Gregoire's first appointment to the court — a move welcomed by an Eastern Washington Republican leader for at least its geographic significance.

"Part of the reason I'm a judge is I'm not a political person," said Stephens, 42, who replaces retiring Justice Bobbe Bridge. "I don't have a party affiliation. I've never been politically involved."

Stephens, who will run for election next year, is a longtime Spokane attorney and a deacon in her Presbyterian church. She said she voted for Gregoire in 2004 — she also gave her a $100 campaign donation — but her father once ran as a Republican for the state Legislature.

"She can't be pigeonholed," said Richard Eymann, a Spokane attorney who has known Stephens for more than a decade. "I'm pretty liberal. She's to the right of me. Is she way over? No. She's very moderate in her beliefs."

Curtis Fackler, chairman of the Spokane County Republican Party, said the GOP isn't familiar with Stephens. "It's just good to see somebody on this side of the state being picked," he said.

Gregoire said she appointed Stephens because of her qualifications. "This isn't about Democrats. This is about getting the best jurist on that bench," she said.

Work with trial lawyers

But Stephens quickly gained critics Tuesday, largely because of her work with the Washington State Trial Lawyers Association Foundation. The Trial Lawyers Association is a powerful force in Democratic politics.

A group called Justice for Washington said Stephens "arrives on the court with more special-interest baggage than any appointee or candidate for this post in the last 30 years."

That group, which used to be known as the Constitutional Law PAC, last year supported former state Sen. Steve Johnson in his unsuccessful bid to oust Justice Susan Owens, and also endorsed Chief Justice Gerry Alexander and Justice Tom Chambers, who were re-elected.

"The selection is a disappointment as the appointee represents an extreme position within the legal profession," former U.S. Sen. Slade Gorton said in a statement released by the group. "A more moderate appointment would have been preferable."

Alex Hays, president of Justice for Washington, said Stephens is tainted by politics because, as a private attorney, she wrote amicus briefs for the trial lawyers foundation. Yet Chambers is a former president of the state Trial Lawyers Association and was still endorsed by Hays' group last year.

Stephens, a 1993 Gonzaga Law School graduate, teaches constitutional law at Gonzaga and has extensive private-practice experience specializing in appellate law.

Gregoire appointed her just eight months ago as a justice in Spokane on the state Court of Appeals. Stephens ran unopposed for the position last month.

In a recent case dealing with the state Public Disclosure Act, Stephens wrote the majority opinion that sided with plaintiffs who complained that the city of Mesa, Franklin County, had wrongly delayed or denied many of their public-records requests.

The city complained the numerous requests amounted to harassment. Stephens wrote that "administrative inconvenience or difficulty does not excuse strict compliance" with the Public Disclosure Act.

Gregoire said Stephens has appeared before the state Supreme Court more than 100 times in her career as an attorney. "It's essential for that bench to have somebody who has been here arguing before them," the governor said.

Eastern representation

It also was important to Gregoire that Stephens is from Eastern Washington.

"People in Eastern Washington feel that there ought to be some representation on the high court," the governor said.

Stephens is the first justice from east of the Cascades since former Chief Justice Richard Guy of Spokane retired in 2000. Chambers grew up in the Yakima Valley, but his law practice and court service have all been on the west side.

Stephens said her family has lived in Eastern Washington since the 1950s.

"I think that brings a different sense to some of the issues that come before the court because, as we see on so many issues, there seems to be a different outlook from people in Eastern Washington," she said.

Stephens said that when she runs for election next year, she hopes to gain support from both trial lawyers and the Building Industry Association of Washington (BIAW), which has backed Republican candidates and weighed in on Supreme Court races.

"I will certainly be affiliated with the trial lawyers," Stephens said, but added, "those who favor property rights or are in the building trades have nothing to fear from me. There are many shared values, constitutional values and individual rights."

Tom McCabe, executive vice president of the BIAW, said he's trying to track down information about Stephens but currently has no opinion on her selection.

Bridge announced in June that she'd step down at the end of the year to run the Center for Children & Youth Justice. The nonprofit, which Bridge founded last year, was picked to oversee the MacArthur Foundation's $10 million efforts to change juvenile justice in Washington state.

Bridge was appointed to the Supreme Court in 1999 by former Gov. Gary Locke. Her stay on the court was marred by a highly publicized drunken-driving incident in 2003.

By retiring before her term is completed in 2008, Bridge gave Gregoire a chance to put her mark on the court.

The governor has sole authority under state law to appoint a replacement.

Alexander, the chief justice, said he was pleased by Gregoire's choice. "I think she really hit a home run on this appointment."

Information from staff reporter David Postman and The Seattle Times archives is included in this story. Andrew Garber: 360-943-9882 or agarber@seattletimes.com.