WHO was that Washington Supreme Court Justice?
Charles H. Sheldon, A Century of Judging: A Political History of the Washington Supreme Court (WSU Press, 1988); Charles H. Sheldon, The Washington High Bench: A Biographical History of the State Supreme Court, 1889-1991 (WSU Press, 1992)
Review by Prof. Hugh Spitzer, UW Law
Charles Sheldon (1929-1999) was the giant of Washington State judicial politics and history. He joined Washington State University’s faculty in 1970, and researched, wrote about, and taught the politics of our state’s judiciary through a long and productive career. He produced numerous scholars who looked at judiciaries as political institutions.
Chuck Sheldon’s two most influential works continue to be extremely useful to lawyers, judges, and others who are trying to figure out what was going on in Washington’s Supreme Court during varies periods of history, and what the backgrounds and viewpoints were of individual justices. His books can be especially useful to advocates attempting to explain the background of century-old Washington court decision in their briefs.
His first book, A Century of Judging, focuses on the appointment and/or election of Washington justices during our state’s first 100 years. He recounts the recruitment of our judiciary, the shift from partisan to nonpartisan elections in the Progressive Era, and the transition to what he called an “institutionalized” recruitment system today.
Then he depicts the overall make-up of the Washington Supreme Court during several historical periods, analyzing their fundamental concerns and political outlook. He carefully traces “blocks” of justices in different periods and shows how varies jurists shifted around among different “teams” on the bench in various types of cases. Taking a truly political science approach, he quantifies the amount of cohesion (or lack thereof) in the Court from decade to decade. He also recounts who was writing dissents, and what they were trying to do with those dissents.
Sheldon’s second book, A Century of Judging, starts by summarizing the Washington Supreme Court’s role in the policy-making process, recounts the selection process, and describes the court’s deliberation and decision-making processes in different historical periods. Then he provides a wonderful series of profiles (in alphabetical order, with photos) of every Washington Justice from 1889 to 1991. His short biographies are wonderful to read, and start with basic data such as birthdates, education, career paths, political party, and religion of each justice. Then he provides lively insights into the background politics, personalities, and judicial philosophy of each justice in turn.
So, if you read a trenchant opinion by Matthew Hill, replete with Shakespeare quotes, you can turn to Sheldon’s book to find out more about this remarkable justice. Sheldon writes,
“[Hill] threw himself into the work of the high court with the same enthusiasm and energy that characterized his efforts as [UW] alumni secretary, lawyer, and judge. He was the first to arrive at his chambers in the morning, usually around six after walking from home. In the evening he would leave after six with a briefcase filled with court records or briefs to review that night.”
Sheldon also describes Matthew Hill’s political outlook (“conservative”) and his judicial approach (“restrained”). The political scientist gives these types of insights justice-by-justice, so the reader really gets an idea of what was going on in the Court during the period in which its important decisions issued forth.
Sheldon’s books are a must for lawyers briefing arguments based on older Washington cases, and for today’s justices and everyone else who have an interest in Washington’s jurist ancestors.