Washington Supreme Court braces for 2026 election shake-up with five seats in play
With a dozen candidates already in the race for five out of nine positions on the bench, the 2026 Washington Supreme Court election could be among the most consequential in years.
The race comes at a pivotal moment in state history, as the court might rule on the constitutionality of a new 9.9% state income tax on annual household earnings over $1 million in the next year or so. Voters rejected income taxes 10 times in the last century, and the high court has struck them down three times.
Emails uncovered by The Center Square between the state Office of the Attorney General and lawmakers frame the legislation as a way to force the court to reconsider a 1933 ruling that outlawed income taxes.
In recent years, the justices have weighed in on other cases with major taxpayer impacts, upholding a capital gains tax that opponents argued was essentially an income tax; striking down initiatives to cap automobile tab fees at $30; and declaring the state's felony drug possession statute unconstitutional. The latter costs taxpayers millions of dollars to resentence defendants in cases going back to 1971.
According to a 2020 Ballotpedia study, the Washington Supreme Court is made up of "mild democrats," citing Stanford University professors who ranked the bench as the fifth most liberal nationwide in 2012. Five of the nine seats are now up for grabs, and whoever wins could have a say in one of the court's most consequential decisions yet, ruling whether income is a form of property as the court decided in 1933.
Overturning that ruling could allow lawmakers to impose an income tax on everyday Washingtonians.
Position No. 1: Incumbent Justice Collen Melody
The first Supreme Court position up for grabs is held by Justice Colleen Melody, who succeeded former Justice Mary Yu upon Yu's retirement in January. Gov. Bob Ferguson appointed Melody after she served under him in the Office of the Attorney General when he was the state's head law enforcement official.
He picked Melody after Solicitor General Noah Purcell issued the "strongest possible recommendation." Records obtained by The Center Square show that Purcell later discussed with Democratic lawmakers in a series of emails how to get the Supreme Court to reconsider its 1933 income tax ruling. Notably, Melody is the only campaign that Purcell and AG Nick Brown have donated to so far this election year.
The Washington State Republican Party wants Melody to recuse herself from future high court rulings on the income tax, given her relationship with Purcell and the AGO. According to the Public Disclosure Commission, she has also received thousands of dollars in other campaign donations from AGO staff.
Melody is endorsed by Ferguson, Brown, every other sitting Supreme Court justice, former Gov. Jay Inslee, other state executives and several lawmakers who voted to pass the income tax. When asked, Spitzer doubted that Melody's relationship with the AGO would affect her ruling, should she win in November.
So far, she has raised nearly $154,000 for her 2026 campaign. Only one candidate has registered with the PDC to challenge her ahead of the state's official candidate filing deadline on May 8. Seattle-based attorney Scott Edwards has reported about $306 in donations to the PDC for his 2026 campaign so far.
Position No. 3: Outgoing Justice Raquel Montoya-Lewis
The next position up for election this year is held by Justice Raquel Montoya-Lewis, who plans to leave after serving just one six-year term. The timing allows voters to choose her replacement on the ballot in an open race this fall, rather than leaving the governor to appoint an interim justice of his choosing.
Three challengers have registered with the PDC so far in hopes of securing Montoya-Lewis's position.
Position No. 4: Outgoing Justice Charles W. Johnson
The Washington State Constitution requires Supreme Court justices to retire at the end of the calendar year in which they turn 75 years old. That forces Justice Charles W. Johnson to step down after the end of his term, leaving an open seat for another group of hopeful candidates to battle over this cycle.
Position No. 5: Incumbent Justice Theodore J. Angelis
Ferguson appointed Angelis to fill a vacancy left by Justice Barbara Madsen's retirement earlier this month. He took over the position only a few weeks ago and hopes to secure a full six-year term by winning the election this fall.
Position No. 7: Incumbent Justice Debra L. Stephens
Chief Justice Debra Stephens is seeking another term to extend her tenure on the high court to 2033.
Stephens joined the bench in 2008 by gubernatorial appointment, like five of her eight peers, and won her first full term later that year. In 2014, she beat John Scannell for a second term by a wide margin, with the Washington Education Association's endorsement. She ran unopposed and won again in 2020.
The Washington state pays each Supreme Court justice $262,011 annually, which is set to increase 3% to $269,924 on July 1. The chief justice brings in $265,792, which will also increase to $273,819 in July.
The justices are the highest-paid public officials across the executive, judicial and legislative branches.
This year marks the most Supreme Court positions up for election at a single point in recent history.
Washington state's Supreme Court elections have lower turnout than other high-profile races. In 2024, when Gonzalez and McCloud both ran unopposed, and Mungia beat Larson, the average turnout across the races was 2.8 million, 27.7% fewer than in the presidential election, which saw 3.9 million voters.
With a ruling on the income tax expected before the next Supreme Court election in 2028, voters have a unique opportunity this year to weigh in on justices who could likely alter the course of state history.
"Win or lose, at least we get a court to weigh in on what is the law," Andrew Villeneuve, executive director of the Northwest Progressive Institute, told The Center Square, arguing that the 1933 Culliton ruling rests upon a rocky foundation. "And this is an opportunity to decide if Culliton was it was improper or not."
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