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Controversial ruling heats up judicial race
Incumbent Charles W. Johnson of Gig Harbor finds himself in a firestorm of criticism about his participation in last week's controversial ruling that could overturn second-degree murder convictions across the state. Pam Loginsky of Port Orchard, who stands to benefit from the uproar over that decision, has had to spend the final days of the campaign at home, recuperating from nonelective surgery performed Friday. And Steve Alexander of Bremerton isn't even listed on the ballot. All votes for him must be written in. It's a coincidence that the three candidates live within 30 miles of one another. Any lawyer in the state could have sought the seat Johnson has held for 12 years. Loginsky and Alexander have blasted last week's decision, in which Johnson joined in the majority of a 5-4 ruling that said assault can't be used as the underlying crime to support a conviction of what's called "second-degree felony murder." That crime calls it murder when a person dies during commission of some other felony. "I find it outrageous," Loginsky said, "that the court once again has ignored the Legislature's intent to say they (the justices) know better, and in so doing overruled 26 to 30 years of law that this kind of charging is appropriate." "It's exactly the kind of decision that made me decide to run and to run against Charles W. Johnson." Alexander said in a press release, "The majority's decision is against the plain meaning of the statute, fails to apply prior Supreme Court precedent, and devalues the victims of violent crimes. I agree with the dissent that the opinion is an invasion of the legislative power to define crimes." Johnson said: "That's one of the down sides of being a judge. You have to make a difficult call and you can lose friends ... " You also can lose endorsements in an election campaign. Some police agencies and Johnson's hometown prosecutor, Gerry Horne of Pierce County, pulled their backing in protest of the decision. He has many endorsements left, Johnson said. The state Democrats, Washington Mainstream Republicans and Libertarians favor him, he said. "What that should indicate to voters is those groups recognize a good judge and support good judges," Johnson said. "They trust me because of my record on the court to fairly, impartially and without personal bias stand in judgment in their cases." Johnson and Loginsky also have the endorsement of the National Abortion Rights Action League. That's what got Alexander into the race. Poulsbo's Ellen Craswell, a former state senator, gubernatorial finalist and devout Christian, and her husband, Bruce, persuaded Alexander to announce as a write-in candidate when they decided the NARAL endorsements would prevent their voting for either of those on the ballot. Alexander, who retired as a district court judge at the county level in 1999, suspended his studies at a Portland seminary to take up the challenge. He's using the Internet to mount his campaign. He has established a Web site he calls Supreme Power (www.judge stevealexander.com/supreme.html) to take issue with eight prominent Supreme Court decisions in which Johnson participated, calling each one wrongly made. He boasts endorsements from the Washington Property Rights Alliance, Western Fish & Wildlife Federation, and Facts for Freedom, which seeks to educate citizens about issues and candidates from a Christian perspective. Johnson's decisions also motivated Loginsky, who said last week's ruling followed a pattern. The Legislature had to twice amend a law about how juvenile convictions figure in adult sentencings, pointedly calling two rulings by the Supreme Court and written by Johnson in error, Loginsky said. "Charles Johnson feels that he can substitute his notions of what he feels the Legislature should have done for what the Legislature intended to do or did do," she said. "He doesn't like the felony murder rule." She said every deputy prosecutors guild that endorses has endorsed her, including Kitsap's. Victims' rights organizations prefer her, she said. She's particularly proud of endorsements from state Rep. Ida Ballasiotes and Sen. Jeralita Costa, two ardent advocates of the rights of crime victims. Published in The Sun: 10/30/2002 |