Powers of the Washington Court of Appeals

In Washington State, as in any other in the U.S., an appellate court is any court that has been empowered to hear an appeal of a trial court or other lower tribunal. That means before an appeal from either a criminal or civil case can be filed, there needs to be a final judgment at the trial court-which is at a lower level in the legal hierarchy. In criminal cases, that final judgment normally is the court’s sentencing order. In a civil case, it is the order disposing of all the issues of the parties.

Filing an Appeal

When the final judgment is issued by the trial court, a Notice of Appeal can be filed. This notice serves to give forewarning to both the trial court and the other party or parties involved in the legal battle about the person's intention to opt for appeal.

For an appeals court in any state (and also in Washington) to accept the case, it is essential that the Notice of Appeal is filed within a stipulated time, which may vary from state to state. There is a law in each state that defines a time frame within which the appeals notice need to be filed. If the appeal is not filed within that time, the person can never again do so. From a technical standpoint, if it is not filed in the manner prescribed by law, the appellate court will never have jurisdiction over the case.

The person lodging the appeal will need to file the appellate brief. Once the process of briefing process is over, the court organizes a hearing wherein both the sides present arguments orally before the court. This us usually done by attorneys who represent the parties in the case.

Washington Appeals Court Rules and Elections

Washington appellate court is the mid-level appeals court in the state. It is separated into 3 divisions. Division I is based in Seattle, Division II in Tacoma, and Division III in Spokane. In each division, there are 3 districts, so this makes up 9 districts in all.

Unlike certain other appellate courts, the Washington Court of Appeals is a non-discretionary appeals court. This means that the court cannot decide on its own discretion whether or not it will entertain a case, unlike the state Supreme Court, where an appeal can be rejected – the Court of Appeals must accept all appeals filed with it.

There are in total 22 judges in this appellate court. They have to be elected from the district through non-partisan elections to terms of 6 years. If there is a vacancy between the elections, the Governor appoints a judge for the interim period. Elections are staggered to ensure that one of the three districts face election every year.

Court judges elect a Chief Judge from among themselves annually. This rotation prevents vested interests from forming among judges, and gives each one the responsibility for leading the bench. To work as an appellate judge, a candidate has to practice law in Washington for a minimum of 5 years, and needs to be a resident in the district in which he or she stands for election for a minimum of a year.