Abstract: In Washington appellate courts, unelected court commissioners handle most of the motion practice. Some motions are minor and mostly procedural, but other motions touch on the scope of the appeal or its merits. Because commissioners have the power to shape the course of an appeal, the Washington Rules of Appellate Procedure allow parties to internally appeal any commissioner decision to a panel of elected judges, via what is called a “motion to modify” under RAP 17.7. If a panel modifies a commissioner’s ruling, the panel’s decision becomes the final decision of the court on that issue. Similarly, multiple opinions recognize that an unmodified commissioner ruling also becomes the final decision on issues raised in a motion. Nevertheless, at times, appellate panels have ignored or amended earlier unmodified commissioner motion rulings, often without detailed explanation. This Essay explores opinions in which panels considered the court bound by unmodified commissioner rulings and when they did not. It reviews in detail those opinions where panels ignored or altered unmodified commissioner rulings and the reasons panels gave for doing so, if any. And it concludes with a recommendation that absent a clearly articulated and compelling reason, an appellate panel should follow the rule that a commissioner’s unmodified ruling is the court’s own—a concept that this Essay calls “the rule of ruling finality.”
Abstract: This Essay examines the use of facial recognition technology (FRT) by law enforcement agencies, the implications of such use, and the disproportionate impact the use has on Black, Indigenous,…
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Abstract: In the wake of Miller v. Alabama and its progeny, there has been a wider acceptance that juvenile’s need more protections in our judicial system. This is a result of a…
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Abstract: American copyright law is fluid. Its changes have mirrored evolutions in society, be they technological, cultural, or economic. At its core, copyright law exists to promote the progress of…
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Abstract: In the mid-1990s, internet experiences were underwhelming by today’s standards, despite the breakthrough technologies at their core. When a person logged on to the internet, they were met with…
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