Legal Opinion · Concurrence

In re the Recall of West

Washington Supreme Court

Decided October 26, 2005No. 77300-9Published

1Concurrence

¶23 J.M. Johnson, J.

(concurring) — Constitutional rights do not submit to red tape. Accordingly, I join the opinion of the court but write separately to underscore the nature and importance of the constitutional right to recall under article I, section 33 of the Washington Constitution. The adjacent constitutional provision authorizes statutes only to “facilitate its operation.” Const, art. I, § 34. Thus, any laws affecting recall must be construed by courts to assure the free exercise of this right. That is the (belated) result here,5 so I concur.

f 24 The right to recall finds its source in…

2Cases cited17 opinions

  1. Ino Ino, Inc. v. City of BellevueWashington Supreme Court · 1997
  2. Ino Ino, Inc. v. City of BellevueWashington Supreme Court · 1997
  3. State v. CoeWashington Supreme Court · 1984
  4. Soundgarden v. EikenberryWashington Supreme Court · 1994
  5. Coppernoll v. ReedWashington Supreme Court · 2005

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