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Like everything else, Washington’s court system was upended by COVID-19. Court proceedings paused or moved online. Cases piled up. Justice was delayed.
But the pandemic, in some ways, also helped the state’s courts, state Supreme Court Justice Debra Stephens told a joint session of the state Legislature on Wednesday.
Stephens said the disruptions “underscored the urgent need for systemic improvements to deliver timely and equitable justice.”
Lasting changes she noted include continued remote court hearings, the expansion of interpreter services and a doubling across the state of therapeutic court programs, which provide an alternative to sentencing for people with mental health and substance use disorders.
The chief justice said Washington is leading the nation in its transition from punitive measures to restorative justice.
“Courts of the future must be aware of the historic inequities of the past,” Stephens said in her 20-minute State of the Judiciary address delivered in the state Senate chamber. “Our judicial branch initiatives reflect an unwavering commitment to tearing down barriers, fostering inclusion and building a justice system that truly serves all Washingtonians.”
One way to do this is through addressing juror pay, she said. Most Washington jurors are paid $10 per day. This hasn’t changed since 1959, creating a barrier to a true jury of one’s peers in local courts.
A statewide survey in 2023 found people of color and low-income Washingtonians are underrepresented on juries. And the average juror has a higher household income and more education than the median resident of their county.
In October, Pierce County launched a pilot program paying jurors $100 a day plus mileage reimbursement. The pilot is set to last through May. The goal is to assess whether higher pay improves jury diversity.
The state earmarked $1.6 million to pay for the extra $90 going to jurors. A report on the outcomes of the increased juror pay is due to the Legislature in 2026.
“Jury service is the bellwether of our justice system,” Stephens said. “It enriches civic engagement for those who serve, and removing economic barriers to service is essential to fulfilling the constitutional promise of a jury of one’s peers.”
Stephens also highlighted the court’s Blake decision. In the landmark ruling in 2021, the state Supreme Court struck down Washington’s law criminalizing drug possession. As a result, convictions under the law could be vacated and legal fees could be refunded.
As of this month, the state’s Blake Refund Bureau had issued over $4 million in refunds in about 3,300 cases, Stephens said. Another $21 million is pending for nearly 63,000 additional cases. And over 55,000 convictions have been vacated.
She also touched on a recent outage of the state court computer systems. This lasted more than two weeks and disrupted firearm background checks and court record databases. Stephens said the courts are investing in more cybersecurity safeguards.
And the chief justice applauded the Legislature for funding statewide IT infrastructure and more secure rural courts.
She said she looked forward to working with lawmakers on providing money “essential to meeting the judiciary’s promise to deliver equal justice under the law.”
Stephens, who has been on the Supreme Court since 2008, took over as chief justice last week. She previously served as chief justice beginning in 2020.