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EUGSTER v. STATE

No. 84380-5.

259 P.3d 146 (2011)

171 Wash.2d 839

Stephen K. EUGSTER, Appellant, v. STATE of Washington; Washington Court of Appeals and Divisions I, II, and III, thereof; Judges of Washington Court of Appeals, Division III, namely, Stephen Brown, Kevin M. Korsmo, Teresa C. Kulik, John A. Schultheis, and Dennis J. Sweeney; Judges of Washington Court of Appeals, Division I, namely, Susan R. Agid, Marlin J. Appelwick, Mary Kay Becker, Ronald E. Cox, Stephen J. Dwyer, Anne Ellington, C. Kenneth Grosse, Linda Lau, J. Robert Leach, and Ann Schindler; and Judges of Washington Court of Appeals, Division II, namely, David Armstrong, C.C. Bridgewater, Elaine Houghton, J. Robin Hunt, Joel Penoyar, Christine Quinn-Brintnall, and Marywave Van Deren, Respondents.

Supreme Court of Washington, En Banc.

Decided June 16, 2011.

Attorney(s) appearing for the Case

James Kendrick Pharris , Attorney at Law, Office of Atty. General, Anne Elizabeth Egeler , Office of the Attorney General, Olympia, WA, for Respondent.

FAIRHURST, J.

¶ 1 Stephen K. Eugster, pro se, argues that Washington's process of electing Court of Appeals judges and assigning cases to three-judge panels violates article I, section 19 of the Washington State Constitution, which provides that "[a]ll Elections shall be free and equal." We affirm the trial court's decision to dismiss Eugster's case for failure to state a claim upon which relief can be granted.

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