Primary narrows state Supreme Court candidate field as income tax lawsuit looms

If upheld, the ruling would upend nearly a century of precedent barring progressive income taxes by treating income as property.​

That means lawmakers could eventually impose an income tax on everyday Washingtonians, not just millionaires.​

With two open seats and incumbents defending three positions, several candidates have criticized Gov. Bob Ferguson for appointing two new justices to the bench in 2026.

Many argue it undermines judicial independence, given that neither had been a judge before and both have financial ties to the governor.​

They and some of the candidates seeking openings on the Supreme Court both tout broad Democratic establishment support, as the Washington State Republican Party and others support their opponents.​

Only the top two candidates for each of the five out of nine positions will advance to the general election.​

The Center Square published Q&A articles about every primary candidate who agreed to an interview.

Position 1

Ferguson appointed Justice Colleen Melody in November, just weeks before endorsing the income tax.

She replaced former Justice Mary Yu in January after previously working under Ferguson when he was the state attorney general. Melody donated to his 2024 campaign and has contributed to others in the attorney general’s office, which would defend the income tax if the challenge should reach the bench.

In an interview, Melody wouldn’t tell The Center Square whether she would recuse herself in that case.

“I'm not going to prejudge any recusal request because that would be inappropriate,” Melody said.

She advanced with 51% of Tuesday’s initial ballot count, with Seattle tax attorney Scott Edwards, who received 30% of the vote.​

The two candidates eliminated Laura Christensen Colberg, a family law attorney and pro tem commissioner for Snohomish County Superior Court.

WAGOP “recommended” Colberg and Edwards as the party’s preferred picks leading up to the primary.​

Position 3

Three candidates are hoping to replace Justice Raquel Montoya-Lewis and fill her open seat next year.

While that seat appeared too close to call Tuesday night, the WAGOP “recommended” candidate led.

David Stevens, a Mason County Superior Court judge, had 36% of the vote after ballot boxes closed; Jaimie Hawk, a King County Superior Court judge, secured 33% of the vote; and Mike Diaz, a judge for Division I of the Washington State Court of Appeals, received 30% of the initial count on Tuesday.​

The top two candidates could change in the next several days as counties process their remaining ballots.​

Position 4​

Two candidates are running to replace Justice Charles Johnson after he retires at the end of the year.​

Since there are only two, Sean O’Donnell, a King County Superior Court judge, and Ian Birk, a judge for Division I of the state Court of Appeals, already advanced without appearing on the primary ballot.​

WAGOP hasn’t made a pick in that race yet, but Chair Jim Walsh said he’s leaning toward O’Donnell.

Position 5

Ferguson appointed Justice Theo Angelis March, the same day that lawmakers passed the income tax on the floor of the state House. He replaced former Justice Barbara Madsen in April, but continues to meet with her nearly every week, for what one of his opponents said could be considered “tutoring.”

Angelis used to work with Ferguson at K&L Gates, along with Senate Majority Leader Jamie Pedersen, who led the income tax effort, and has donated to both of their political campaigns over the years. He already donated to Pedersen's reelection bid last October and Ferguson’s 2028 campaign in June 2025.​

When asked, Angelis wouldn’t tell The Center Square whether he would recuse himself if the income tax eventually reaches the bench, but argued that he parks his relationships at the courthouse doors.

“I don't think people should be concerned,” Angelis said when asked by The Center Square in June.

The incumbent advanced on Tuesday with Dave Larson, a former Federal Way Municipal Court judge who nearly beat Justice Sal Mungia in 2024 after prior bids. They both eliminated Sharonda Amamilo, a Thurston County Superior Court judge, and appellate attorney Greg Miller from the Position 5 race.

Like Colberg, Edwards and Stevens, Larson comes with the “recommendation” of Walsh and WAGOP.

Angelis had 34% of the primary vote when the ballot boxes closed, and Larson had 32%.

Position 7

Justice Debra Stephens has held her seat for nearly two decades after former Gov. Christine Gregoire appointed her in 2007. Stephens won a full six-year term in 2008 after running unopposed, as judicial appointees often do, beat a challenger in 2014 and then secured another term unopposed in 2020.

She wrote the 2023 decision upholding the state’s capital gains tax, which critics called an income tax.

Stephens advanced in Tuesday’s primary with tax attorney Todd Bloom, who is also backed by WAGOP.​

She wrapped up Tuesday with 54% of the initial ballot count, with Bloom receiving 27% of the vote.

They knocked Karim Merchant, a King County criminal defense attorney, and Sumner-based attorney David Shelvey out of the race ahead of the November general election.

These initial results are from the Washington Secretary of State and are subject to change as election officials process the remaining ballots in the next several days before certifying the final results by Aug. 21.​