LETTER SIGNED BY 62 JUDGES

September 2026

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To Washington Voters,

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There is nothing more essential to our democracy than an impartial and trusted judiciary. Every single person deserves to know that when they step into a courtroom, they will be treated with respect, their arguments will be heard, and judgments will be free of bias.

This is all especially true in this moment of unprecedented political polarization and extremism in our country that we see bleeding into the judiciary.

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Unfortunately, Judge Ian Birk has made serious and false accusations about Judge O’Donnell.

In a recent fundraising email to his supporters, Judge Birk accused Judge O’Donnell of:

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• Choosing to “join” a slate of candidate recommended by the State GOP;

• Being “affiliated” with the State GOP while a judge;

• Having a “partisan agenda” in his campaign for State Supreme Court

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He also suggested that Judge O’Donnell has misled voters (the “veil was lifted”) and is running for the Supreme Court with a “partisan agenda” that is “out of touch with the values and priorities of Washington.”

Many of us also know Judge Birk and respect him. But these accusations run afoul of a judge and judicial candidate’s most important obligations – getting the facts right and being “scrupulously honest” in their campaign statements. See Washington State Code of Judicial Conduct Rule 4.1(a)(10) and comment 7 to the same.

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Judge Sean O’Donnell has served without political bias for over 25 years as a King County Prosecutor, King County Superior Court Judge, and Pro Tem Supreme Court Justice.

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Many of us have known Judge O’Donnell for years. Some of us consult with him on cases. Some of us work with him on policy issues affecting the judiciary. Some of us do both.

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None of us have ever heard him suggest or inject partisan politics into any of his decisions or work he has done for the judicial branch.

We have heard him talk in this race that legal help is unaffordable in civil and family law cases; that he supports treating crime victims with dignity and respect; that he works for consensus on projects to improve the judiciary, like full funding for court interpreters and courthouse security; and that he wants to improve the Supreme Court’s rule-making process.

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This is not a “partisan agenda” out of touch with Washingtonians’ values.

Unsurprisingly, given his record of consensus building, Judge O’Donnell has bi-partisan support for this non-partisan race.

Democratic elected officials and many Democratic Party organizations have endorsed Judge O’Donnell. State and local Republicans have endorsed him too.

In judicial races, bipartisan support is something to be celebrated rather than demonized.

We understand that campaigns for public office are challenging, and candidates will always attempt to draw contrasts with each other to help voters make these important decisions.

When it comes to judicial races, our hope is that the candidates focus on their records and their visions for the court. This is what the public deserves, and it is what Washington’s judiciary needs – not toxic political blows.

Reasonable people will disagree on who to ultimately vote for in this election. However, all of us share a concern and fear that judicial campaigns are increasingly becoming too similar to the types of political campaigns that dominate national politics.

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None of us want that for Washington State.

The race between Judge Birk and Judge O’Donnell will be one of the most closely watched of the election season, with a real and substantive contrast in experience and ideas that voters deserve.

Let’s keep the campaign to those important issues.

Signed:​