A state senator or a substitute judge for Superior Court? Here’s our take | Editorial
Voters have a choice between great candidates in the race for Benton-Franklin Superior Court Judge. Both are attorneys from Kennewick, and both have had exceptional careers.
But there are significant differences between the two.
Sharon Brown has spent the last several years focused on legislative matters, while Dave Petersen has focused on the courts.
Brown has served in the Washington state Senate for the past seven years. As the current Republican Deputy Leader and a ranking member on the influential Ways and Means Committee, she has legislative clout.
And that’s something the Tri-Cities needs.
But when Benton-Franklin Superior Court Judge Bruce Spanner announced earlier this year that he was planning to retire and would not seek re-election, Brown saw an opportunity she could not pass up.
She threw her hat in the ring and made it out of a crowded field in the Primary Election with nearly 21.7% of the vote, coming in second place.
Petersen came in first with 22%, and the campaigning has been fierce on both sides ever since.
Being a judge on the Superior Court is a coveted job. The annual salary is close to $200,000 compared to $56,881 for state legislators, and once in office, sitting judges are rarely challenged.
Brown and Petersen are go-getters and this race has become contentious.
Brown is an experienced attorney, but it has been years since she has worked in a courtroom.
This is a point Petersen hammers home. He said practical legal experience is what sets the two of them apart — he has decades of it and she doesn’t.
Petersen knows the courts from many sides. In addition to being a lawyer, he has judicial experience. He is a judge pro tem for the Benton and Franklin county Superior and District courts, and is regularly called in as a substitute judge. He also was the municipal court judge in Pasco from 2011 to 2017.
Before that, Petersen was a deputy prosecutor in Franklin County.
He also has over 20 years in criminal, civil and family law, and he has the endorsement of all six District Court judges in Benton and Franklin counties. He also has overwhelming support from the Benton Franklin Counties Bar Association.
Brown told the Tri-City Herald Editorial Board that she is not on the “inside” like Petersen, so it is no wonder he has endorsements from other judges.
She emphasizes that as a state senator, she helps make laws, and as a judge, she would apply them. She said that her lawmaking background gives her a unique perspective.
Brown has been a prosecutor, business lawyer and she served on the Kennewick City Council and was mayor pro tem before she was appointed to the Senate.
Once she set foot on the Capitol grounds, she quickly earned the respect of her legislative colleagues and has held a variety of leadership roles. She told the Tri-City Herald Editorial Board that if she can preside over a room full of senators then she can preside over a courtroom.
Brown said that no matter who wins the election, the new judge will be required to attend the state judicial college to learn the specifics of the job. Brown thinks that will be enough to prepare her for Superior Court.
That’s probably true — she’s obviously a quick study.
But Petersen is ready now.
We appreciate Brown’s work in the Legislature, but as a judge we prefer the candidate who has viewed the courtroom from nearly all its angles. In our judgment, Petersen’s decades of legal and judicial experience make him more qualified for a Superior Court judgeship.
And while we recommend Petersen for the judge’s position, we did have one concern: Petersen chose to participate in Basin City’s 4th of July parade last summer.
He was on top of a fire truck and not close to anyone else, so he said he was following social distancing protocols. But the celebration itself defied Gov. Jay Inslee’s proclamation against large gatherings during the COVID-19 pandemic.
The spread of the coronavirus must be controlled, and the parade was an extremely risky activity.
A candidate who participates in an illegal event that threatens public health — even if that candidate was following social distancing guidelines himself — shows questionable judgment.
And it nearly cost him our recommendation.
Petersen, though, has given the subject much thought and appeared to regret his actions.
As it happens, Brown is the target of a formal campaign financing complaint by Roger Lenk, a government watchdog from Franklin County. But she denies any wrongdoing and it is too soon for a decision by state officials. This issue had no bearing on our decision.
In the end, we believe judicial experience cannot be overlooked. And if Brown is not elected, she will still be our senator.
The Tri-Cities will best be served by putting Petersen on the Superior Court, and by keeping Brown in the Senate for as long as she’s willing to stay.
The Tri-City Herald recommends Dave Petersen for Benton-Franklin Superior Court, Position 1.
BEHIND THE STORY
MOREBehind Our Election Recommendations
Who decides the recommendations?
Members of The Tri-City Herald editorial board is comprised of experienced opinion journalists and community members, and is separate from The Herald’s newsroom. Conversations are on the record.
What does the recommendation process entail?
Whenever possible, The Herald editorial board meets with opposing candidates at the same time. The questions are largely focused on a candidate’s qualifications and goals. The editorial board then discusses the candidates in each race and decides who to recommend. Board members seek to reach a consensus on our recommendations, but not every decision is unanimous.
Is the editorial board partisan?
No. In making recommendations, members of the editorial board consider which candidates are well prepared to represent their constituents — not whether they agree with us or belong to a particular political party. We evaluate candidates’ relevant experience, their readiness for office, their depth of knowledge of key issues, their understanding of public policy and their ability to work with the current board . We’re seeking candidates who are thoughtful and who offer more than just party-line talking points. The editorial board will endorse both Republicans and Democrats.
Why are the editorials unsigned?
Our election recommendations reflect the collective views of The Herald’s editorial board — not just the opinion of one writer. For the 2022 election, the board includes: Cecilia Rexus, Herald editorial writer; Laurie Williams, Herald executive editor; Jack Briggs, retired Herald publisher; Ken Robertson, retired Herald executive director; Matt Taylor, retired Herald editorial writer; Mike Paoli and Martin Valadez, community representatives.
This story was originally published October 19, 2020 at 2:44 PM.